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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 CUPP2007-001 submitted by James and Gail Washing to allow a 3-story, 34 foot tall building (height measured from grade level to the mean height between eaves and ridge for gable roofs), for a 3 bedroom, 3 bath, single family residence with a garage in a Residential 1L Use District in Strawberry Arizona. |
| Background Information |
On January 14, 2020, a building permit was issued for a 2 story, 28-foot tall single-family residence. During the foundation inspection, the building inspector became aware that the actual grade of the site was depicted incorrectly on the building plans that were approved and that the contractor had over-excavated the site. Measuring from the current grade level to the mean height between the eaves and the ridge of the roof, the building height would be 34-feet. These actions also resulted in the residence to now be considered as 3 stories when viewed from the rear and right side elevations.
Staff met with the contractor and property owners to discuss a solution. The Zoning Ordinance does not state a CUP has to be applied prior to construction commencing. The property owners decided to apply for a CUP for a 3 story, 34' building height with the agreement that if the CUP was not approved, they would import the necessary amount of fill to bring the building into zoning compliance prior to the County finalizing the building permit. Because the owners agreed to bring the property into compliance, no stop-work-order was issued. The property owners contend that allowing the natural slope of the lot will be more aesthetically pleasing for the neighborhood.
To fulfill the requirement of the Gila County Zoning Ordinance, the applicant held a neighborhood meeting on August 17, 2020. Twelve property owners attended and according to the applicant, none were opposed to the CUP request.
To date, the staff has not received any comments from the public regarding this application.
The Planning and Zoning Commission held a public hearing on September 17, 2020. The meeting was noticed per the requirements of A.R.S. § 11-814 and the Gila County Zoning Ordinance. The Commission voted 4 to 1 with 3 Commissioners absent, to recommend to the Board of Supervisors approval of the CUP application.
The public hearing notice for the October 20, 2020 Board of Supervisors meeting was published in the Arizona Silver Belt Newspaper on October 7, 2020, and the property posted on October 1, 2020. |
| Evaluation |
The building must comply with the height and story requirements of the Gila County Zoning Ordinance. 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 being constructed in the Shady Lane Estates subdivision in Strawberry Arizona. The subdivision consists of 1 and 2 story single-family residences.
The building's height is 4' above the allowed 30' without a CUP and 1 story greater than the 2 allowed without a CUP. The first story consists of a garage and workshop with interior access to the second story. |
| Conclusion |
Staff feels that since the additional height and story is only visible on two sides of the residence, it has a minimal negative visual impact on the neighborhood because of the property's sloping topography, the distance from the subject property and other structures, and a large amount of vegetation that surrounds the property. Since the building will be used as a residence, it is compatible with the R1L use district and the subdivision. In addition, no neighbor opposition to the application has been received and the Planning and Zoning Commission recommended approval.
If the CUP is denied, the property owner's have stated they will bring the property into zoning compliance by bringing in the necessary quantity of fill dirt prior to the building being finished. |
| Recommendation |
| Staff recommends approval of Conditional Use Permit CUPP2007-001. |
| Suggested Motion |
| Information/Discussion/Action to approve, deny or modify Conditional Use Permit application number CUPP2007-001 to allow a 3-story, 34-foot tall building height, which is measured from grade level to the mean height between eaves and ridge, for a single-family residence in a Residential 1L Use District in Strawberry Arizona. (Scott Buzan) |
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