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| ARF- 6760 |
Public Hearing 3. A.
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| Special 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 CUPP2102-001 submitted by Dan Auxier (Applicants/Owner) to allow a 2-story, 42-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) The property is vacant land described as Lot 21 in the Walnut Glen subdivision in Strawberry, Arizona (APN 301-60-015B). The property is zoned Residence One District-Density District 35 (R1-D35) |
| Background Information |
The applicant is requesting a Conditional Use Permit in order to construct a residence that will exceed the maximum building height of 30’. Originally, the applicant had requested a building height of 45’ (measured from the grade level to the mean height between the eaves and ridge), where 30’ is the maximum permitted, and a three-story residence, where two stories is the maximum permitted. The applicant revised the request to 42’ and removed a loft, resulting in a two-story home rather than three. As discussed in the section above, the applicant agreed to further revise the building height from 42’ to 36’ at the May 20, 2021, Planning Commission meeting.
The applicant’s justification for the increased height is primarily based on topographical issues including a steep slope of 132’ between the back of the property to the front which accounts for a 60-70% slope across the property.
The applicant provided revised building elevations, reflecting a building height of 36’ and building columns not to exceed 17’, per the Planning and Zoning Commission recommendation, which are included as Figures 5, 6 and 7 of this report. |
| 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 on Lot 21 in the Walnut Glen subdivision in Strawberry, Arizona (APN 301-60-015B). The property is zoned Residence One District-Density District 35 (R1-D35). |
| Conclusion |
Staff conducted a site visit of the property and surrounding area in order to determine if the proposed residence had the potential to negatively impact other properties or otherwise be out of harmony or incompatible with these properties. It is clear that there are significant topographical challenges on this property given its slope and a significant number of trees. This challenge is not specific to just the subject property but to others in the subdivision as well. Particularly those lots on the south side of Diane Circle.
In reviewing other homes along Diane Circle in the immediate area, they include two-story structures that appear to be 30’ or less in height. This is true for several properties in the area, even those which are located on lots with similar topographic issues. As previously proposed, the subject home would have a height of 42’, using the way the County measures building height from grade to the mean height between the eaves and ridge. The actual height to the highest peak of the roof would be up to a foot higher.
Per Section 101.3.C of the Gila County Zoning Ordinance, conditional uses are those uses that would become harmonious or compatible with neighboring uses. Staff believes that the proposed redesign of the home, per the Planning and Zoning Commission, recommended height of 36’ with the building columns not to exceed 17’, is much more compatible and harmonious with the rest of the homes in the area.
The staff has been made aware that there are deed restrictions for the Walnut Glen subdivision limiting the number of building stories to two. With the removal of the loft, the County considers the residence to be two stories. The County enforces governmental regulations such as state statutes and the County Zoning Ordinance that affect the use of land, however, the County does not enforce private rules and regulations, such as those imposed by a homeowners’ association, a property owner’s association, or covenants, conditions, and restrictions than run with the land; those rules and regulations are independent of, and may conflict with, governmental regulations. It is the applicant’s responsibility to determine if there are any such private rules and regulations and comply with them. |
| Recommendation |
The Planning and Zoning Commission recommends approval of Case Number CUPP2101-001, a Conditional Use Permit to allow a building height of 36’ where 30’ is the maximum permitted with a maximum building column height of 17’.
Staff is supportive of the request subject to the Planning and Zoning Commission recommendation. |
| Suggested Motion |
| Information/Discussion/Action to approve, deny or modify Conditional Use Permit application number CUPP2102-001 to allow a 2-story, 36-foot tall building height for a single-family residence, measured from grade level to the mean height between the eaves and roof ridge, the property is vacant land described as Lot 21 in the Walnut Glen subdivision in Strawberry, Arizona (APN 301-60-015B). The property is zoned Residence One District-Density District 35 (R1-D35). (Randy Pluimer) |
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