P&Z Meeting Minutes – 01/03/2013

 

Event Details


PLANNING AND ZONING COMMISSION
MINUTES FOR JANUARY 3, 2013

In Attendance:

Commissioners Staff
Tom Tilford (Chairman) Milton Ollerton, Director
Patsy Plant Shanna Pearce, Admin. Assistant
Kay Hauser Joe Young, County Attorney
Carey Dobson (Vice Chairman)(absent) Nephi Hightower, Bldg. Official
Bobby Fite (absent)
Donald Borg
Steve Nicoll (absent)
Steve Smith (absent)
Jim Thornhill

Work Session

Item #1  Milton Ollerton briefly discusses Item #5.  He states nothing has changed on the application.  The commissioners discuss the acreage of the parcel.

Commission Meeting

Item #1  Call to Order.

Chairman Tom Tilford calls the Planning and Zoning Commission meeting to order at 1:03 pm.

Item #2  Roll Call/Determination of a Quorum

Chairman Tom Tilford states a quorum is present.

Item #3  Public Communications (Forms must be turned in at this time)

Forms are turned in.

Item #4  Approval of Minutes from the December 6, 2012 meeting.

Chairman Tom Tilford opens for a motion.
Commissioner  Jim Thornhill moves to approve the minutes.
Commissioner  Don Borg seconds the motion.
Voting is unanimous.  Motion carries.

Item #5  Consideration/Discussion/Possible Approval of a conditional use permit for Sharon Hudson to place a 2nd residence on Red Sky Ranch, Phase II, Lot #89.  Property is located north of St. Johns, AZ.  205-79-089

Chairman Tom Tilford asks for a staff report.

Milton Ollerton states staff has reviewed the application.  He states there doesn’t seem to be any concerns.  He states from the staff review, the health department said if the conditional use permit is approved, the owner will need to obtain an on-site waste water system permit.  He states the system will have to be installed before the owner can occupy the new manufactured home.  He states the owner will have to obtain the required building permit before the manufactured home can be placed on the parcel.  He states staff recommends approval.

Chairman Tom Tilford states Milton Ollerton was handed a letter from the Red Sky Ranch Property Owner’s Association that Mr. Tilford has not had a chance to read.

Chairman Tom Tilford asks the applicant if they have additional information to give the commission.

Sharon Hudson states she does not have anything to add.

Chairman Tom Tilford opens the public session.

Steve Speer – President of the Board of Directors of the Property Owner’s Association for Red Sky Ranch – Mr. Speer explains the CC&R’s and discusses the land use.

George Walsh – Vernon, AZ – Mr. Walsh discusses the notice in the newspaper.

Chairman Tom Tilford states the commission has heard this complaint regularly and asks if something could be done to put the issue to rest so they don’t have to continue to hear it at every meeting.

Joe Young – County Attorney – Mr. Young states that he and Mr. Allen Perkins, County Attorney, both agree that the notice is legal.  He states that the notice exceeds what is required by law.  He states the point of the legal requirement is to give notice.  He states notice was given, as long as that requirement has been met; no action is going to be rendered.

Chairman Tom Tilford states he would like to see this in writing.

Chairman Tom Tilford closes the public session.

Chairman Tom Tilford opens for questions and comments from the commissioners.

Milton Ollerton states Mr. Speers made the comment that the CC&R’s allow guest homes.  He states this was the term used on the application.  He states the term ‘second residence’ is the county’s verbiage.  He states he wanted to clarify that the request was to add a guest house.

Chairman Tom Tilford states for clarification, when these types of applications have been approved in the past, the commission has put on the stipulation on the conditional use permit that it cannot be used as a rental property.

Commissioner Don Borg states the commission cannot approve or disapprove anything on CC&R’s.

Milton Ollerton states this correct.  He states CC&R’s are a contract between property owners.  He states it is important to discuss this as the commission is technically approving a lawsuit.

Commissioner Jim Thornhill asks if any comments were received from the surrounding neighbors.
Milton Ollerton states there were no comments received.

Commissioner Jim Thornhill asks Mr. Speers what their concern is if the surrounding neighbors have no concerns with the application.

Chairman Tom Tilford opens for a motion.
Commissioner Don Borg moves to approve the application with the condition that it be used as a guest house with no rentals.
Commissioner Kay Hauser seconds the motion.
The voting is 4 ayes, Commissioner Patsy Plant votes nay.
The motion carries.
This item will appear before the Board of Supervisors February 5, 2013.
Item #6  Adjourn

Chairman Tom Tilford opens for a motion.
Commissioner Don Borg moves to adjourn.
Commissioner Kay Hauser seconds the motion.
The voting is unanimous.  The motion carries.
Meeting is adjourned at 1:19 pm.