Agenda

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ARF- 2515

Public Hearing 2. A.

Regular BOS Meeting

Meeting Date:	05/06/2014
Submitted For:	Robert Gould
Submitted By:	Robert Gould, Community Development Division Director, Community Development Division
Department:	Community Development	Division:	Planning and Zoning

Information

Request/Subject

Adoption of Resolution No. 14-05-03 - Planning and Zoning Department Case No. CUP-14-03

Background Information

Mr. Thibault's property is located at 5752 W. Brybegil Lane in Pine Arizona within a R1-D35 zoning district.

Intent and purpose of R1-D35 zoning:

To promote the development of areas primarily of single family dwellings, intending that all other uses be installed, operated and maintained in a manner so as to either complement, or at least be of a minimum disruption to such single family uses. Any use not in accordance with the Intent and Purpose, District Stipulations and Provisions, and Permitted Uses as set forth in this section shall be deemed a nuisance.

Evaluation

Mr. Thibault wants to purchase a 200 square foot shed to place on his property at 5752 W. Brybegil Lane in Pine, Arizona. The primary use (single family residence) has not yet been established. Our current zoning regulations require that the primary use be established prior to establishing an accessory use. The purpose of using the Conditional Use Permit process is to ensure that any accessory use established does not contribute toward being a nuisance in the neighborhood.

The intent and purpose of a Conditional Use is currently stated as follows:

As defined in Section 102, Conditional Uses are those uses which, although not specifically permitted in a given zoning district, would become harmonious or compatible with neighboring uses through the application and maintenance of qualifying conditions. Conditional Use Permits shall be issued setting forth all qualifying conditions subject to the procedures for rezoning found in Section 105 Amendment Procedures.

If the Board of Supervisors approves this request, the applicant will be required to adhere to conditions recommended by the Planning and Zoning Commission to ensure compatibility with the surrounding neighborhood.

Conclusion

Staff finds that the establishment of a 200 square foot shed on Mr. Thibault's property will not be a nuisance if the following conditions are adhered:

The shed is only used for storage
All outdoor lighting shall be shielded from adjoining residential uses.
The RV will be removed prior to adding the shed to the property
No business activities will be carried out with this shed.
This conditional use permit will become effective when the RV is removed from the property.

Recommendation

The Gila County Planning & Zoning Commission held a public hearing that was duly advertised and posted at the subject property on April 17, 2014, and unanimously voted to recommend the Board of Supervisors' approval of this Conditional Use Permit Application with several conditions as follows:

The shed is only used for storage
All outdoor lighting shall be shielded from adjoining residential uses.
The RV will be removed prior to adding the shed to the property
No business activities will be carried out with this shed.
This conditional use permit will become effective when the RV is removed from the property.

Suggested Motion

Information/Discussion/Action to adopt Resolution No. 14-05-03, which approves Gila County Planning & Zoning Department Case No. CUP-14-03, an application submitted by James Thibault for a Conditional Use Permit on Assessor's tax parcel number 301-28-008T located at 5752 W. Brybegil Lane, Pine, in order to allow construction of a shed prior to the construction of the residence upon this parcel. (Bob Gould)

Attachments
Resolution No. 14-05-03
P&Z Dept. Staff Report for CUP-14-03
Legal Notice