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Regular Agenda Item 3. B.

Regular BOS Meeting

Meeting Date:	05/05/2020
Submitted For:	Scott Buzan	Submitted By:	Scott Buzan, Community Development Director
Department:	Community Development	Division:	Planning and Zoning

Information

Request/Subject

Request is to ask the Board to waive the $300 zoning application fee for Conditional Use Permit Application No. P2004-024.

Background Information

As defined in the Gila County Zoning Ordinance, a Conditional Use Permit is a permit issued in conjunction with the establishment of a conditional use set forth by incorporation or reference all qualifying conditions governing the use of the property.

On February 20, 2014, the Board of Supervisors approved the Gila County Planning and Zoning Fee schedule. The listed fee for a Conditional Use Permit/Conditional Use Site Plan Review is $300.

On October 18, 2019, Community Development staff issued a building permit in the Whispering Pines subdivision which is zoned R1L, for a two-story single-family residence with 2,478 square feet habitable space and a 1,267 square foot attached garage.

Staff missed during the submittal of the plans that the structure is actually three stories and exceeded the maximum 30-foot building height measured from the grade level to the mean height between the eaves and ridge for gable and hip roofs per the Gila County Zoning Ordinance by 4 feet.

The Zoning Ordinance states that a Conditional Use Permit shall be required for any building exceeding two stories or thirty feet above ground level in an R1L zoning district.

Community Development received a complaint that the structure was too tall for the area. Upon investigation, staff discovered the errors.

The property owner, after being informed by staff, submitted a Conditional Use Permit application.

The Conditional Use Permit application is scheduled to be heard by the Planning and Zoning Commission on May 21, 2020, at 10:00 AM.

Evaluation

The property owner was issued a building permit for his single-family residence.

After the building permit was issued, Community Development Department staff discovered that the structure exceeded the number of stories and allowable building height. Per the requirements of the Zoning Ordinance, a Conditional Use Permit is required. The property owner has been informed on this errorr and he has submitted an application for a Conditional Use Permit which must be approved by Planning and Zoning Commission and the Board of Supervisors.

The owner has commenced building and is currently at the framing stage of construction. Since the error was on the part of the Community Development Department, staff does not believe the property owner should be made to pay the $300 application fee.

Conclusion

Due to an oversight by Community Development Department staff, the property owner was issued a building permit to modify the structure upon his property. Because the design of the residence exceeds the allowances of the Zoning Ordinance, a Conditional Use Permit is required.

After paying $3,145 in building permit fees, the property owner was issued a building permit and later site inspections were done.

After discovering the error, Community Development Department staff made contact with the property owner who has agreed to cooperate even though he feels that by the County issuing him a building permit he shouldn't have to do anything.

Since staff did not inform the property owner at the time of plan submittal or building permit issuance that the structure's design was a violation of the Zoning Ordinance and a Conditional Use Permit with its $300 application fee would be needed and because the owner is cooperating, waiving of the application fee is warranted.

There is no provision in the current fee schedule for waiving of fees by staff or management for fees approved by the Board.

Recommendation

Staff recommends that the Board waive the $300 application fee for Conditional Use Permit Application No. P2004-024.

Suggested Motion

Information/Discussion/Action to consider waiving the $300 application fee for Conditional Use Permit Application No. P2004-024. (Scott Buzan)

Attachments
CUP Application
Zoning Ordinance
Fee Schedule