HomeMy WebLinkAbout90-069
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RESOLUTION NO. 90-69
A RESOLUTION REZONING AN APPROXIMATE 28,000 SQUARE FOOT PARCEL
KNOWN AS LOT 6, BLOCK 14, KINGMAN CAMELBACK, UNIT #1, TRACT 1106;
SECTION 25, TOWNSHIP 22 NORTH, RANGE 17 WEST, FROM: R-l/20M
(SINGLE FAMILY RESIDENTIAL/TWENTY THOUSAND SQUARE FOOT MINIMUM
LOT SIZE) PROPOSED TO BE: R-E/20M (RESIDENTIAL RECREATION/TWENTY
THOUSAND'SQUARE FOOT MINIMUM LOT SIZE) ZONE, LOCATED IN THE NORTH
KINGMAN AREA, MOHAVE COUNTY, ARIZONA
WHEREAS, at the special meeting of the Mohave County Board
of Supervisors held on March 26, 1990, a public hearing was
conducted to determine whether approval should
be granted to
Robert and Anna Walton, 5098 East Camelback Loop, Kingman,
Arizona for a rezoning from existing R-l/20M (Single Family
Residential/Twenty Thousand Square Foot Minimum Lot Size) zone to
R-E/20M (Residential Recreation/Twenty Thousand Square Foot
Minimum Lot Size) zone with conditions, located in the North
Kingman Area, Mohave County, Arizona, and
WHEREAS, a public hearing before the Mohave County Planning
and Zoning Commission on January 10, 1990 did generate a
recommendation of approval of the request to allow the applicant
to utilize the property under the R-E (Residential-Recreation)
zone with specific notations as to the use of the zone. That the
primary purpose of this use is to allow a noncommercial guest
house to be placed on the property for the specific purpose of
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Resolution No. 90-69
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providing a home for an
independent, however, needs
health considerations, and
aging parent who desires to be
to be looked in upon often due to
WHEREAS, this lot is of a size that could accept such
temporary quarters. The commission questioned the neighbors and
applicant to determine if there was an alternative acceptable to
the use requested. The applicant was agreeable to the placement
of specific restrictions/conditions that would remove the
noncommercial guest house after its current use was over, and
WHEREAS, it was also clear that a majority in excess of 51%
of the neighbors that lie within the three hundred (300') foot
radius of the property were favorable to the request with
conditions, however, some neighbors outside of the three hundred
(300') foot radius were opposed to the rezone for fear that this
zone would allow uses as set forth in an A-R (Agricultural-
Residential) zone under Section B. 3. which states: "Private
greenhouses and horticultural collections, flower and vegetable
gardens, fruit trees, orchards, dogs and cats as domestic pets,
poultry for domestic use. Horses and cows may be maintained for
private use.", and
WHEREAS, the Commission rejected that notion as not being an
acceptable use of this property and told the neighbors they would
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Resolution No. 90-69
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not recommend such land uses for this property (i. e.: those
under lined above).
The Commission recognized that this is a
polarized issue for the neighborhood, however, felt that with the
proper conditions it could be worked out, and
WHEREAS, the Commission also recognized that a large portion
of Mohave Counties population is over 60 years of age and that we
did not have care facilities that would accommodate all the
population needs in this area.
That this specific zoning with
conditions, addressing needs for specific time periods, under
Mohave County zoning laws, assuring that control shall be
maintained was the best solution available, and
WHEREAS,
the Commission recommends to the Board of
Supervisors
that
they
approve
this
rezoning
request
with the following conditions noted:
1. That this rezone request is for the specific purpose of
setting forth allowances to utilize the noncommercial
guest house under the R-E (Residential - Recreation)
zone and once the use is no longer needed the zoning
classification shall revert back to R-l/20M (Single
Family Residential/Twenty Thousand Square Foot) zone.
2. Establishment of a minimum lot area based on the size of
the parcel.
3. Establishment of a minimum lot size of twenty thousand
(20,000) square feet exclusive of easements.
4. That this Rezone classification to R-E (Residential -
Recreation) shall not become effective until a copy of a
properly conformed "deed" is received in the Planning
and Zoning Office that notes the following restriction:
"this property may not be sold with the nonconforming
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Resolution No. 90-69
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guest house on the property and, the zoning
classification automatically reverts to R-l/20M (Single
Family Residential/Twenty Thousand Square Foot Minimum)
zone upon sale."
5. The provisions of Section 15 for the purposes of this
rezone are specific as they shall apply ONLY TO the
following provisions of the R-E (Residential-Recreation)
zone: Section A, 1. & 2.; and Section B, l.b. (Single
Family Dwelling and 'accessory uses including
noncommercial guest house)." (Section 15, Mohave County
Zoning Regulations Attached).
6.
If construction or use has not commenced within
year of the Board of Supervisors' approval
rezoning or if the use has been discontinued for
months, then the zoning shall revert to R-l/20M
Family Residential/Twenty Thousand Square Foot
Lot Size).
one (1)
of the
six (6)
(Single
Minimum
7. This rezoning is subject to revocation upon sixty (60)
days notification by the Board of Supervisors, if in the
opinion of the Commission and Board the continued use of
the property would be contrary to the prov is ions set
forth herein.
8. Such zone change shall not be effective for at least
thirty (30) days after final approval of the change in
zoning classification by the Board, being April 25,
1990, as per A.R.S. 11-829E.
WHEREAS, the notice of hearing was published in the Mohave
Daily Miner, a newspaper of general circulation in Kingman,
Mohave County, Arizona on January 19, 1990, and posted January
18, 1990 as required by Arizona Revised Statutes and the Mohave
County Zoning Regulations, and
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Resolution No. 90-69
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NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors,
at their special meeting on Monday, March 26, 1990, by a vote of
four (4) in favor and one (1) against the rezone, DENIED this
change in zoning.
MOHAVE COUNTY BOARD OF SUPERVISORS
Lois J. Hubbard, Chairman
ATTEST:
Pat Chastain, Clerk