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Public Hearing 2. A.
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| Regular BOS Meeting |
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| Information |
| Request/Subject |
| Request for the Board of Supervisors to approve, deny, or modify Conditional Use Permit (CUP) application number CUPP2009-001 submitted by Andrew and Shawna Taylor (Applicants/Owners) to allow a 3-story, 34-foot tall building for a new single-family residence (measured from grade level to the mean height between the eaves and ridge for gable and hip roofs per the Gila County Zoning Ordinance) in a Residence One Use District in the Strawberry Mountain Shadows subdivision in Pine, Arizona. |
| Background Information |
In March of 2019, the applicant's architect spoke with the Building and Safety Division regarding the design of the residence. During this pre-review process, staff considered the current design of the home to be in conformance with the 30' building height and two-story requirement allowed in an R1 Use District. However, during the submittal of the plans for a building permit in 2020, staff notified the applicants that the design was no longer in compliance with the Zoning Ordinance due to a change in interpretation on how building heights and the number of stories are determined.
The property owners chose to apply for a CUP.
To fulfill the CUP requirement of the Gila County Zoning Ordinance, the applicant held a neighborhood meeting on November 17, 2020. Two property owners within the area contacted the applicants via email with questions that were answered by the applicant. No neighbors attended the meeting.
The Planning and Zoning Commission held a public hearing on December 17, 2020. The meeting was noticed per the requirements of A.R.S. § 11-814 and the Gila County Zoning Ordinance. One opposition letter was received and one neighbor who opposed the CUP addressed the Commission. The Commissioners voted 9 to 0 to recommend to the Board of Supervisors' approval of the CUP application.
The public hearing notice for the January 19, 2021 Board of Supervisors' meeting was published in the Arizona Silver Belt newspaper on December 30, 2020 and in the Payson Roundup on December 29, 2020, and the property posted on December 28, 2020. |
| Evaluation |
The building must comply with the height and story requirements of the Gila County Zoning Ordinance. In the R1 Use District, building heights above 30 feet and more than 2 stories are allowed with a CUP. The Ordinance further defines a conditional use as use which, although not specifically permitted in a zoning district, would become harmonious or compatible with neighboring uses through the application and maintenance of qualifying conditions.
These sections from the Gila County Zoning Ordinance shall apply:
104.2.A.2.e: A Conditional Use Permit shall be required for any building exceeding two (2) stories or thirty (30) feet above ground level.
101.3 C: Conditional Use Permits shall be issued setting forth all qualifying conditions subject to the procedures for rezoning found in the section of this Zoning Ordinance entitled “Amendment Procedures.”
101.3.B.2.a: The applicant shall invite and meet with his neighbors, being the property owners in the notification area, at a specific time and place, convenient for assembly and often the subject site, to discuss his proposed request.
101.2 B.8: The Planning and Zoning Commission will hear, review, determine compatibility requirements, and make the decision regarding all Conditional Use Permit applications.
105.3 The Planning and Zoning Commission shall report to the Board of Supervisors.
105.4 Upon receipt of the Planning and Zoning Commission's recommendation, the Board may take appropriate action after holding at least one public hearing.
The residence is to be constructed in the Strawberry Mountain Shadows subdivision in Pine, Arizona. The subdivision consists of other 2 and 3 story single-family residences.
The proposed single-family residence height is 4' above the allowed 30' without a CUP and 1 story greater than the 2 allowed without a CUP. |
| Conclusion |
| Staff feels that the additional height and story of the single-family residence would have a minimal negative visual impact on the neighborhood due to the property's topography. The lot is severely sloped and according to the applicants, the second floor of the building will most likely be below the level of the street. Since the structure will be used as a residence, it is compatible with the R1 Use District and the subdivision. In addition, the Planning and Zoning Commission recommended approval. |
| Recommendation |
| Staff recommends approval of Conditional Use Permit No. CUPP2009-001. |
| Suggested Motion |
| Information/Discussion/Action to approve, deny or modify Conditional Use Permit application number CUPP2009-001 to allow a 3-story, 34-foot tall building height for a single-family residence, measured from grade level to the mean height between the eaves and roof ridge, in Residential 1 Use District in the Strawberry Mountain Shadows subdivision in Pine Arizona. (Scott Buzan) |
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