BOARD OF ADJUSTMENT AND APPEALS
MINUTES FOR DECEMBER 21, 2016
BOARD MEMBERS Staff
Dick Bruneau, Chairman Devin Brown, Director
Michael Schacht, Vice-Chairman Shanna Pearce, Executive Assistant
Dan Muth Greg Green, Building Official
Michael Bragiel (Absent)
Board of Adjustment and Appeals Meeting
Item #1 Call to Order.
Chairman Dick Bruneau called the meeting to order at 11:32am.
Item #2 Roll Call/Determination of a Quorum.
Chairman Dick Bruneau stated a quorum is present.
Item #3 Public Communications (Forms must be turned in at this time).
No public in attendance. No forms submitted.
Item #4 Approval of Minutes from the October 19, 2016 meeting.
Chairman Dick Bruneau opened for a motion.
Dan Muth moved to approve the minutes.
Vice-Chairman Michael Schacht seconded the motion.
Voting is unanimous.
Item #5 Discussion, Consideration, and Action on a variance application allowing Thennetta Aul and Thennetta Scofield to place a 1989 16 x 72 singlewide manufactured home in Lake View Ranch unit 2 lot 117. Property is located near Concho, AZ A.P.N. 201-60-117. This is a variance from Article 7, Section 730, A1, Manufactured Homes, limiting the age of a manufactured home to 15 years old.
Chairman Dick Bruneau opened to the applicant.
Thennetta Aul addressed the board. She explained they had bought a 1989 3 bedroom 2 bath manufactured home and had it moved on her property, and added they were unaware of the 15 year age limit. They also had a 5th wheel that they planned to move to another lot in Concho, owned by the applicant, and an RV that would remain on the property. Mrs. Aul stated that the home needed a lot of work, they plan to re-side the home with log cabin siding or tongue and grove and added the move, permitting, and fees had been very costly.
Chairman Dick Bruneau asked if there was anyone currently living in the manufactured home. Mrs. Aul replied that their belongings were in it, they bounced in and out of it and there was a wood burning stove in it; and added they have 3 kids under the age of 10, they cannot all be cooped up in the 5th wheel.
Mr. Bruneau asked about the purchase of the manufactured home. Mrs. Aul explained they purchased a piece of property in Concho that had the manufactured home on it; their intent was to sale that property but to keep the manufactured home.
Mr. Bruneau confirmed that they were living on an 80 acre parcel. Mrs. Aul agreed.
Vice-Chairman Michael Schacht clarified that they would not need to move the manufactured home again. Mrs. Aul agreed and added it was set on a pad, it was not professionally leveled but leveled so it would not slide off. Mr. Schacht asked if her plan was to have an inspection to assess that the work was completed to satisfaction. Mrs. Aul replied she was not building to her satisfaction she wanted the county to say they could live in it; she was trying to play by the rules. Mr. Bruneau and Devin Brown discussed the process for obtaining a Certificate of Occupancy (C of O.)
Mr. Bruneau asked for clarification of whom would be occupying the manufactured home. Mrs. Aul explained her initial plan wasn’t cost efficient and explained her current plan was for her family and her 75 year old mother to all live in the manufactured home.
Mr. Bruneau and Mr. Brown discussed the current septic system. Mr. Brown explained the role of the Board in making their decision; their decision should be based on the aesthetics and effects of surrounding property values and added that the Health Department would take care of any septic requirements and issues. Mrs. Aul stated they had a port-a-potty already on the property that would remain there permanently. Mr. Schacht questioned if that was allowed as they are designed for temporary use only. Greg Green agreed and stated the applicants would have to work with the Health Department. Mr. Brown stated he wasn’t sure and again reminded the Board of what their decision today should be based on and provided an explanation of state law for the Board of Adjustment.
Mr. Brown explained the current aesthetics of the manufactured home and the property and added that the manufactured home would look better than what they were currently living in and that it would also help the property to look better. He clarified for the Board that a hardship must relate to the land, not the owner. He then recommended adding some restrictions; 90 days for siding and skirting and clean-up of the property.
Mr. Schacht clarified that the aesthetics were concerns of the neighbors and wanted to know the outcome of her visit with her neighbors. Mrs. Aul provided information of the residents she had talked with and stated she did not hold a formal meeting with her neighbors. Mr. Brown provided that staff had conversations with a couple of neighbors and they did not like how the property currently looked and added that the manufactured home would help address their concerns.
Dan Muth clarified that the negative comments received were more geared to their current situation. Mr. Brown agreed and provided information of what was on the property now. Mrs. Aul clarified what all the buildings were and what they were used for.
Mr. Bruneau questioned the value and where the manufactured home currently set on the property. Mr. Brown stated it was right on the highway.
Mr. Schacht questioned how all the buildings held up to the current winds around the area. Mrs. Aul stated nothing had moved and added they cannot get the siding on in 90 days, the skirting absolutely and stated they are planning on putting a metal roof on it. Mrs. Aul added financially it was going to take time.
Mr. Muth asked what she felt a reasonable time would be to have the siding and skirting on the home. Mrs. Aul responded skirting 90 days or sooner, temporary skirting is up now and asked for a year for the siding.
Mr. Bruneau asked if the Board and the county would be ok to set up a schedule with Mrs. Aul. Mr. Muth asked if she would be willing to set goals and bench marks with staff to keep the variance active. Mrs. Aul stated yes, as long as she could financially achieve the goals. Mr. Brown agreed and suggested a 6 month Board meeting to see the progress.
Mr. Schacht added the stipulations should be resendable so if circumstances changed and could not be revised in a timely manner they would be readdressed, then commented on the septic system and working with the Health Department.
Mr. Muth moved to grant the variance with the following stipulations;
1. The land owner will work out a schedule with Community Development to meet specific timelines and goals over a 12 month period; and that after a period of 6 months the land owner will come back to the Board for a review of progress and review of the application to see if these goals are in fact being met.
Mr. Schacht questioned if there was anything they wanted to add with respect to the Health Department. Mr. Muth felt this would be taken care of under other application processes. Mr. Brown added the building department would be doing inspections under the permitting process. Mr. Schacht asked how this would work with the agreed timelines. Mr. Brown explained that staff would work with the Health Department and the Building Department to insure that everything was up to code. Mr. Bruneau recommended to amend Mr. Muth’s stipulation to include that the applicant shall meet the County Health Departments standards within the 12 month period. Mr. Muth agreed.
Mr. Bruneau second the motion with the addition of meeting the County Health standards within the 12 month period. Mr. Muth agreed with the amendment and the second.
Mrs. Aul asked if they could be living in the manufactured home so they could start cleaning up the property and added that all the hook-ups were completed. Mr. Brown recommended adding a stipulation that the building official would go out and inspect the home as it is now for a possible C of O. Mr. Green asked if they had a state approved installer for the home. Mrs. Aul replied Jack Bush, the home was leveled but there were no tie-downs straps and asked if they really needed them. Mr. Green stated yes, more so for a single wide. Mr. Brown stated that as the manufactured home was not county approved to live in and that it was not part of the Board’s decision today that the building department would say no to living in the home until it had been installed to code. Mr. Green agreed.
Mr. Bruneau clarified for the applicants that the Board was not ruling on the occupancy, they were ruling on the motion with the stipulations that had been set forth by Mr. Muth and seconded.
Mr. Bruneau opened for a vote.
Item #6 Adjourn
Chairman Dick Bruneau opened for a motion to adjourn.
Dan Muth moved to adjourn.
Chairman Dick Bruneau seconded the motion.