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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. 22-09-02, which would approve Gila County Planning and Zoning Department Case No. CUPP2206-001, an application submitted by Christopher Bleak and Patricia Fusco (Owners and Applicants) for a Conditional Use Permit on Assessor's Tax Parcel Number 201-04-019A located at 533 N. Pioneer Pass, Tonto Basin, AZ, to allow an existing addition and solid cover, that is attached to the front of the existing single-family residence, to have a 5-foot front setback on the Southwest corner where a 20-foot front setback is required; and a 10-foot front setback on the Northwest corner where a 20-foot front setback is required; and an existing carport extension, that is attached to the detached garage, to have a 3-foot front setback where a 20-foot front setback is required, subject to the adherence of the conditions of approval as outlined in the Resolution. |
| Background Information |
A complaint was received by Gila County on March 10, 2020, regarding structures built on the property without permits. A code case was opened. During code investigation, on October 25, 2021, it was discovered that the owner had sold the property. The prior code case was closed, and a new case was opened for the new owners.
The subject property was purchased by Christopher Bleak and Patricia Fusco on September 21, 2021. The addition and solid cover were enclosed and already existing on the property by the previous owner and are part of a code case. The existing carport extension on the detached garage was also existing on the property and is part of this code case as well.
On July 21, 2022, the Planning and Zoning Commission voted 5-0 to recommend approval of the application, subject to the adherence of the conditions of approval:
- No future encroachment is permitted within any setbacks.
- No other structures or additions are authorized to be performed on this property without obtaining a permit as required by Gila County Ordinances.
- All work proposed to be done on the existing structures must be reviewed by an engineer, licensed to practice in the State of Arizona, who certifies that the work meets all current code requirements including all life safety.
- Any future additions must be reviewed and permitted prior to construction.
- Building permits are required for work to be done on existing structures.
- The property and its structures are required to meet wastewater requirements.
- Bleak and Fusco 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 the 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 17, 2022.
In addition, a public participation meeting (citizen review process) was held on June 17, 2022, with 1 individual in attendance. Christopher Bleak and Patricia Fusco state there were no concerns. |
| Evaluation |
| In reviewing the Conditional Use Permit application for a recommendation, Staff considers the County Ordinance, zoning, the current and proposed land use of the property, life safety, adjacent zoning, and public comment(s), and if the land use will be compatible and harmonious with the neighboring uses. |
| Conclusion |
In reviewing and during the investigation Staff has determined that the required setbacks by the Gila County Zoning Ordinance have not been met.
Also, Staff has made several site visits and has determined that due to the property being bordered by Tonto National Forest and the no building requirements of the Tonto Forest, the fire danger and the compatible and harmonious use intentions are being met. |
| Recommendation |
On July 21, 2022, the Planning and Zoning Commission voted 5-0 to recommend approval of the application, subject to the adherence to the conditions of approval.
Staff recommends that the Board of Supervisors conducts the public hearing and after the public hearing considers adopting or denying Resolution No. 22-09-02 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. 22-09-02, which approves Gila County Community Development Case No. CUPP2206-001, a request by Christopher Bleak and Patricia Fusco (Owners and Applicants, or "Bleak & Fusco") for a Conditional Use Permit upon Assessor's Tax Parcel Number 201-04-019A located at 533 N. Pioneer Pass, Tonto Basin, Arizona, subject to the adherence of the conditions of approval as outlined in the Resolution. (Randy Pluimer) |
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