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Public Hearing 3. A.
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| Regular BOS Meeting |
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| Information |
| Request/Subject |
| Adoption of Resolution No. 22-09-01, which would approve Gila County Planning and Zoning Department Case No. CUPP2205-001, an application submitted by Bill and Susan Goodwin (Owners and Applicants) for a Conditional Use Permit on Assessor's Tax Parcel Number 302-34-016C located at 8130 W. Dukes Road, Payson, Arizona, to allow an existing 28X32-foot Ramada and attached 14X16-foot shed to be located 2-feet from the rear property line where a 7-foot rear setback is required, subject to the adherence of the conditions of approval as outlined in the Resolution. |
| Background Information |
On February 4, 2022, Applicant Bill and Susan Goodwin wanted to permit a new garage and front deck at 8130 W. Dukes Road, Payson, Arizona APN: 302-34-016C. Staff determined the Ramada and attached shed were constructed without permits and are within the rear setbacks.
The subject property was purchased by Bill and Susan Goodwin in August of 2018. The 28X32-foot Ramada and attached 14X16-foot shed were already existing on the property built by the previous owner. The structures are estimated, via Google Earth, to have been built sometime in the 2009 or 2010 timeframe, both structures were built without permits, in violation of the Gila County Zoning and Building Code Ordinances.
On July 21, 2022, the Planning and Zoning Commission voted 3-2 to recommend approval of the application, subject to the adherence to the conditions of approval:
- The Goodwins must submit building plans from an engineer, licensed to practice in Arizona (the “engineer”), which include foundations for the structures and statement that the structures meet current adopted code for the 28X32-foot Ramada and attached 14X16-foot shed, for review and approval by the building department not later than sixty (60) days of the date of Conditional Use Permit approval. If the building plans are not submitted within this time frame, all use of said structures must cease.
- The engineer must certify, by engineering stamp, all measures that will render the structures safe and in compliance with all building and fire code requirements, including but not limited to fire ratings of the noted structures.
- At no time can the structures be used as habitable spaces. These are non-habitable structures.
- No utilities to the structures shall be permitted.
- No appliances or tools that emit flame or heat are allowed to be used inside the structure.
- No future encroachment shall occur within any setback.
- Any future additions shall be reviewed and permitted prior to construction.
- No other structures or additions can be performed on this property without obtaining a permit as required by Gila County Ordinances.
- All other structures on the property must meet all setback requirements or be removed within 30 days.
- The Goodwins must abide by all other state, federal, and local regulations that are applicable, and they must obtain all state, federal, and local permits that are applicable.
For July 21, 2022, Planning and Zoning meeting, legal ads were published on July 5, 2022, and July 6, 2022, in the Payson Roundup and Silver Belt Newspapers, respectively. Posting was completed on June 30, 2022. Hearing letters were mailed to the property owners within 300’ of the subject property on June 30, 2022.
For this September 6, 2022, Board of Supervisors meeting, legal ads were published on August 16, 2022, and August 17, 2022, in the Payson Roundup and the Silver Belt Newspapers respectively. Posting was completed on August 18, 2022.
In addition, a public participation meeting (citizen review process) was held on June 11, 2022, with 6 individuals in attendance. Bill and Susan Goodwin state there were no concerns. |
| Evaluation |
| In reviewing the Conditional Use Permit application for a recommendation, Staff considers the County Ordinance, life and safety, zoning, the current and proposed land use of the property, adjacent zoning, and public comment(s), and if the land use will be compatible and harmonious with the neighboring uses. |
| Conclusion |
This proposed use is outright not allowed in the listed district. Although the current owner did not do the work without a permit, they do become responsible. Arizona Revised Statute § 11-321 Sub Section H states: “If a person has constructed a building or an addition to a building without obtaining a building permit, a county shall not require a subsequent owner to obtain a permit for the construction or addition done by the prior owner before issuing a permit for a building addition except that this section does not prohibit enforcing an applicable ordinance or code provision that affects the public health or safety”.
After the Planning and Zoning Commission meeting, further investigation found a Declaration of Restrictions for the subject property requiring that the structures must have a masonry foundation. According to the new engineer of record for the Goodwins, the structures do not have a masonry foundation.
Staff cannot recommend approval for this Conditional Use Permit due to possible fire danger and due to the Declaration of Restrictions on the subject property. |
| Recommendation |
On July 21, 2022, the Planning and Zoning Commission voted 3-2 to recommend approval of the application, subject to adherence to the conditions of approval.
Staff recommends that the Board of Supervisors to conduct the public hearing and after the public hearing to consider adopting or denying Resolution No. 22-09-01 with conditions of approval as outlined in the Resolution presented to the Board and attached to this agenda item. |
| Suggested Motion |
| Information/Discussion/Action to adopt Resolution No. 22-09-01, which approves Gila County Community Development Case No. CUPP2205-001, a request by Bill and Susan Goodwin (Owners and Applicants) for a Conditional Use Permit on Assessor's Tax Parcel Number 302-34-016C located at 8130 W. Dukes Road, Payson, Arizona, subject to the adherence of the conditions of approval as outlined in the Resolution. (Randy Pluimer) |
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