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Public Hearing 3. 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 CUPP2008-001 submitted by Doug Gilbert (Applicant) for David Bonnstetter (Owner) to allow a 3-story, 42-foot tall building for a 7 bedroom, 5 1/2 bathroom, single-family residence and to allow for a three-story, 32-foot in height accessory dwelling unit (both 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 Residential 1L Use District in the Zane Grey Ranch subdivision which is northeast of Payson, Arizona. |
| Background Information |
On September 24, 2019, building plans were submitted for a single-family residence and accessory dwelling unit. During the review process, it was determined that a CUP was needed for exceeding the numbers of stories and building height per the Gila County Zoning Ordinance. Measuring from the current grade level to the mean height between the eaves and the ridge of the roof, the building height of the single-family residence would be 42-feet on two sides and the guest house/fire tower would be 32-feet.
The five lot subdivision is surrounded by national forest land.
To fulfill the requirement of the Gila County Zoning Ordinance, the applicant held a neighborhood meeting on August 27, 2020. Three property owners submitted written comments to staff in favor of the housing project. To date, the staff has not received any other comments from the public regarding this application.
The Planning and Zoning Commission held a public hearing on October 15, 2020. The meeting was noticed per the requirements of A.R.S. § 11-814 and the Gila County Zoning Ordinance. The Commission voted 7 to 0 with 2 Commissioners absent, to recommend to the Board of Supervisors approval of the CUP application.
The public hearing notice for the November 17, 2020 Board of Supervisors meeting was published in the Arizona Silver Belt Newspaper on October 28, 2020, and the property posted on October 29, 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 and accessory dwelling unit are to be constructed in the Zane Grey Ranch subdivision northeast of Payson, Arizona. The subdivision consists of 1 and 2 story single-family residences.
The single-family residence height is 12' above the allowed 30' without a CUP and 1 story greater than the 2 allowed without a CUP. The accessory dwelling unit height is 2' 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 both the single-family residence and the accessory dwelling unit would have a minimal negative visual impact on the neighborhood due to the property's topography and the remoteness of the area. Since both buildings will be used as residences, 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. |
| Recommendation |
| Staff recommends approval of Conditional Use Permit CUPP2008-001. |
| Suggested Motion |
| Information/Discussion/Action to approve, deny or modify Conditional Use Permit application number CUPP2008-001 to allow a 3-story, 42-foot tall building height for a single-family residence and to allow for a three-story, 32-foot in height building for an accessory dwelling unit, both measured from grade level to the mean height between the eaves and roof ridge, in Residential 1L Use District in the Zane Grey Ranch subdivision northeast of Payson Arizona. (Scott Buzan) |
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