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Public Hearings 18.

Regular Board of Supervisors Meeting

Community Development

Meeting Date:: 04/12/2011
Title:: Adopt Zoning Ordinance Amending the Zoning District Classification for Parcel 206-21-194B from SR-43 to RU-4
Submitted By:: Mike Turisk, Community Development
Department:: Community Development
Division:: Planning

Presentation:

PowerPoint

Recommendation:

Approve

Document Signatures:

BOS Signature Required

# of ORIGINALS
Submitted for Signature:

NAME
of PRESENTER:

Michael Turisk

TITLE
of PRESENTER:

Interim Planning Director

Mandated Function?:

Not Mandated

Source of Mandate
or Basis for Support?:

Docket Number (If applicable):

Z-11-01

Agenda Item Text:

Adopt Zoning Ordinance 11-02 (Docket Z-11-01), conditionally amending the Zoning District classification for Parcel 206-21-194B from SR-43 (Single-Household Residential, minimum lot size one-acre) to RU-4 (Rural, minimum lot size four-acres), with the two conditions recommended in the staff memorandum.

Background:

The Applicants intend to first build a shop to store building materials, equipment and several vehicles while their home is under construction. Additionally, the shop (2,400 square feet) would be larger than their home (1,500 square feet). While a single-family residence with an accessory shop are both permitted uses under the current SR-43 Zoning District, the Applicants’ development plan for the property could not be accomplished under the SR rules. The RU, or Rural District regulations, however, would facilitate the Applicants’ wishes. Specifically, owing to the agricultural or ranching character so common in Cochise County, the RU District allows shops or other accessory uses to be built without a principal use being established on the property. That is, in an RU District one may have a shop or shed or other “accessory” building on a property without a residence. In the SR District, there must be a home or other principal permitted use established before an “accessory” use can be permitted.

Moreover, Residential Districts in Cochise County, such as the SR District, do not permit “accessory” buildings to exceed the “principal” structure in size. Thus, a shop larger than the home would not be allowed in the SR District, but would be allowed in the RU-4 District.
The Applicants therefore request that the County “downzone” their property, from SR-43 to RU-4, in order to allow the shop to be built first, and to exceed the size of the principal dwelling.

Department's Next Steps (if approved):

The Zoning District classification for the subject property would change to RU-4 (Rural, minimum lot size four-acres), thus facilitating the Applicants' wish to construct a 2,400 square-foot shop prior to constructing a 1,500 square-foot single-family residence. In addition, the Applicants would be permitted to construct an accessory structure (2,400 square-feet) that exceeds the footprint of the principal structure (1,500 square-feet) because this scenario is permitted in the RU Districts.

Impact of NOT Approving/Alternatives:

The Zoning District classification for the subject property would remain SR-43. Consequently, the Applicants would be unable to obtain a building permit to construct the 2,400 square-foot shop prior to constructing the 1,500 square-foot single-family residence, as explained in the staff memorandum. In addition, the Applicants would be unable to obtain a building permit to construct an accessory structure that exceeds the footprint of the principal structure because this scenario is not permitted in the SR Districts.

To BOS Staff: Document Disposition/Follow-Up:

Please return a copy of the recorded document to Planning and Zoning, attn: Michael Turisk. RECORD EXHIBIT A WITH THE ZONING ORDINANCE.

Budget Information

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Adjustment:

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Unbudgeted:

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Amendment:

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1:

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