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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 CUPP2102-002 submitted by Michael and Dina Walling (Applicants/Owners) to allow a 3-story, 39-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 Limited Use District in the Hunter Creek Ranch subdivision northeast of Payson, Arizona. |
| Background Information |
In January 2021, the owners inquired about the project with our Building and Safety Division regarding the design of the residence. During this inquiry, it was discovered that the height of the home was projected to be taller than what is allowed in an R1L Use District per the Zoning Ordinance. On January 13, 2021, a pre-application meeting was held to discuss the Conditional Use Permitting process. A CUP was applied for on February 3, 2021.
To fulfill the CUP requirement of the Gila County Zoning Ordinance, the applicant held a neighborhood meeting on February 15, 2021. Three property owners within the area attended the meeting who indicated they had no opposition to the Conditional Use Permit. No other neighbors attended the meeting and staff has not received any correspondence from any other neighbors to date.
The Planning and Zoning Commission held a public hearing on March 18, 2021. The meeting was noticed per the requirements of A.R.S. § 11-814 and the Gila County Zoning Ordinance. The Commissioners voted 7 to 0 to recommend to the Board of Supervisors' approval of the CUP application with 1 commissioner absent.
The public hearing notice for the May 4, 2021 Board of Supervisors' meeting was published in the Arizona Silver Belt newspaper on April 14, 2021, and in the Payson Roundup on April 16, 2021, and the property posted on April 14, 2021. |
| Evaluation |
The building must comply with the height and story requirements of the Gila County Zoning Ordinance. In the R1 Limited Use District, building heights above 30 feet 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 Hunter Creek Ranch subdivision northeast of Payson, Arizona. The subdivision consists of other 3 story single-family residences.
The proposed single-family residence height is 9' above the allowed 30' without a CUP. |
| Conclusion |
| Staff feels that the additional height of the single-family residence would have a minimal negative visual impact on the neighborhood due to the property's topography due to the extensive amount of pine trees, and the fact that there are several residences in the area that are three stories and over 30 feet in height. Since the structure will be used as a residence, it is compatible with the R1L Use District and the subdivision. In addition, the Planning and Zoning Commission recommended approval. |
| Recommendation |
| Staff recommends approval of Conditional Use Permit No. CUPP2102-002. |
| Suggested Motion |
| Information/Discussion/Action to approve, deny or modify Conditional Use Permit application number CUPP2102-002 to allow a 3-story, 39-foot tall building height for a single-family residence, measured from grade level to the mean height between the eaves and roof ridge, in a Residential 1 Limited Use District in the Hunter Creek Ranch subdivision northeast of Payson, Arizona. (Randy Pluimer) |
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