Skip to main content

AgendaQuick™

View Agenda Item

AGENDA ITEM REVIEW FORM
2.E.
Work Session
Meeting Date:
07/05/2017
Department Head:
Jose A. Guzman
Submitted By:
Jose A. Guzman, Acting Planning & Zoning Director, Planning & Zoning Department
Action Requested:
Discussion Item - No Action to be Taken
Board of Adjustment

ITEM:

Discussion and possible directions to staff on any and all matters regarding Variance Case No. 2017-0430. A request by Linda Speakman on behalf of Jofco Inc., owner, for a Variance to install a six (6) foot fence on the property line instead of the 3 feet 6 inches required. The property is located at 517 N. 1st Avenue, San Luis, Arizona.  (Jose A. Guzman, Acting Planning and Zoning Director)

SUMMARY:

The property is located in a Community Commercial (C-2) Zoning District; Assessor’s Parcel No. 775-46-035 located at 517 N. 1st Avenue, San Luis, Arizona.

The reason for the request is to install a six (6) foot tall chain link fence around the perimeter of the C&F Parking Lot.  As per section 152.219(A) of the City of San Luis Code of Ordinances, "In all districts a fence or wall or hedge may be erected or maintained at a height no greater than three feet, six inches (3'6") within the required front and street side setback. In this case the setbacks required are front- 15 feet and street sides - 10 feet. 

CRITERIA FOR APPROVAL:
All requests for a variance from the City of San Luis Zoning Ordinance must meet the criteria for a variance as set forth in the City of San Luis Zoning Ordinance.  A variance is not a right.  It may be granted to an applicant only if the applicant establishes compliance with all of the hardship criteria established in A.R.S. §9-462.06 and in Sec 3.5 (C.) of this ordinance.  In all cases, the application shall address all of the following hardship criteria: 
  1. There exist special circumstances or conditions regarding the land or building referred to in the application, which do not apply to other properties in the zoning district.
  2. The above special circumstances or conditions are pre-existing and are not created or self-imposed by the owner or applicant.
  3. The variance is necessary for the preservation of substantial property rights.  Without a variance the property cannot be used for purposes otherwise allowed in this zoning district.
  4. The authorizing of the variance will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, or to the neighborhood or the public welfare. 
The Arizona Revised Statutes (§9-462.069-462.06 - Board of Adjustment) further states that the Board may not: 
  1. Make any changes in the uses permitted in any zoning classification or zoning district.
  2. Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner. 

RECOMMENDATION / SUGGESTED MOTION:

Discussion and possible directions to staff only, no action.

Fiscal Impact

IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
N/A
CITY/STATE/FEDERAL FUNDS:
N/A
TOTAL:
N/A
BUDGETED AMOUNT:
N/A
AVAILABLE AMOUNT TO TRANSFER:
N/A
ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
N/A

FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):

N/A

Attachments