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Public Hearing 3. B.
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| Regular BOS Meeting |
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| Information |
| Request/Subject |
| Adoption of Resolution No. 22-03-04 regarding Gila County Planning and Zoning Department Case No. CUPP2111-001, which is a request for a Conditional Use Permit on property located at 110 N. Nottingham Lane, Payson, AZ 85541 (Assessor's parcel number 304-24-024F). |
| Background Information |
A request for a Conditional Use Permit to allow for a recreational vehicle to be occupied on the property. The subject property is located at 110 N. Nottingham Lane, Payson, AZ 85541, APN (Assessor's parcel number) 304-24-024F, and it is zoned Rural Residential (RR).
The applicants, Ernesto and Olivia Luevano are requesting to allow an existing recreational vehicle to be permanently connected to utilities and occupied by family or friends on occasion. In 1977, a manufactured home occupied the area where the recreational vehicle is now placed on the lower portion of the lot, and at some point, that manufactured or mobile home was removed. In 2004, a site-built residence was constructed on the upper portion of the lot. |
| Evaluation |
Per Section 104.2.D.3.a of the Zoning Ordinance for Unincorporated Areas of Gila County, RR District zoning allows for one dwelling per acre up to a maximum of three (3) dwelling units per individual owned parcel.
The definition of a dwelling unit as defined per the Ordinance is "...any building or portion thereof containing one or more habitable rooms, designed, occupied, or intended for occupancy as separate living quarters with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single household."
There are four (4) definitions pertaining to recreational vehicles in the Ordinance. Three (3) of the definitions state that a recreational vehicle provides temporary living quarters for recreational, travel, or camping use. Also defined under recreational vehicle is a park trailer (park model), which is mounted on wheels and designed to be connected to utilities.
To date, other than in the General Unclassified District, long-term recreational vehicle living connecting to utilities is not allowed as a matter of right. Staff is currently reviewing the County Ordinance pertaining to recreational vehicle use in all zoning districts. |
| Conclusion |
The current land use is existing residential with existing electric, water, and wastewater available due to the prior manufactured home placement. The recreational vehicle use, if used on occasion by family or friends would be compatible and harmonious with the neighboring area; however, the RR zoning district does not outright allow for a recreational vehicle to be connected to utilities which may promote a year-round primary residence living situation in a recreational vehicle.
The RR District does allow for up to three (3) dwelling units; however, a recreational vehicle does not qualify as a dwelling unit per the dwelling unit definition.
Due to the factors presented in staff’s review, permanent connection to utilities, definitions as outlined in the County Zoning Ordinance, and the zoning district requirements, staff recommends denial of the request. |
| Recommendation |
| On January 20, 2022, the Planning and Zoning Commission made a motion to approve the application, but the motion did not pass and ended in a tie vote, 4 members in favor and 4 members opposed; therefore, the Commission does not have a recommendation to give the Board of Supervisors. |
| Suggested Motion |
| Information/Discussion/Action to adopt Resolution No. 22-03-04, which approves Gila County Planning and Zoning Department Case No. CUPP2111-001, an application submitted by Ernesto and Olivia Luevano (Owner/Applicant) for a Conditional Use Permit on Assessor’s tax parcel number 304-24-024F located at 110 N. Nottingham Lane, Payson, AZ 85541 to allow for a recreational vehicle to be occupied on the property subject to the adherence of 8 conditions of approval as outlined in the resolution. (Randy Pluimer) |
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