HomeMy WebLinkAbout94-258
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orrICIAL RECORDS DF MOHAVE COUNTY AI.
*JOAN McCALL, MOHAV~ COUNTY R~CORDER'
08/17/9~ 8:00 A.M. PAGE 1 OF 3
MOHAVE COUNTY BOARD OF SUPERVISORS
RECDRDI~G fEE 0.00 HC
RESOLUTION NO, 94-258
A RESOLUTION SETTING FORTH A REZONE OF LOT 2, BLOCK B, MAIRLYN
ACRES, TRACT 1201, SECTION 26, TOWNSHIP 19 NORTH, RANGE 22 WEST,
FROM R-1/1A (SINGLE FAMILY RESIDENTIAL/ONE ACRE MINIMUM LOT SIZE)
ZONE TO R-E (RESIDENTIAL RECREATION) ZONE IN THE SOUTH MOHAVE
VALLEY AREA, MOHAVE COUNTY, ARIZONA,
WHEREAS, at the regular meeting of the Mohave County Board
of Supervisors held on August 8, 1994, a public hearing was
conducted to determine whether approval should be granted for a
rezone for the above property to Charlie and Goldie Deal of
Redlands, California, and
WHEREAS, Mairlyn
Bullhead City and east
from Highway 95 via El
to the property, and
Acres is located two miles south of
of Highway 95. The property is accessed
Rodeo Road east to La Calzada, then south
WHEREAS, the property is zoned R-l/1A (Single-Family
Residential/One Acre Minimum Lot Size) with the surrounding
properties in Mairlyn Acres to the north, east and south also
zoned R-1/lA. The property to the west is zoned R-M/lA and the
property along Highway 95 is zoned commercial. There is a mobile
home park located to the north across El Rodeo Road, and
WHEREAS, the parcels directly north and south of the
property are vacant with an apartment building directly across
the street to the west. There are a number of homes in the area
located in the Mairlyn Acres Subdivision, and
WHEREAS, there is a mobile home on the site and two detached
buildings. The rear of the property is surrounded by a chain
link fence and is divided in half from front to back by
shrubbery, and
WHEREAS, public water service for the property is provided
by Bermuda Water Company. Sewer lines are located in the road
right-of-way in front of the property governed by the Fort Mojave
Tribal Utility Authority, and
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RESOLUTION NO, 94~258
Page 2
PAGE 2 or 3
BK 24+9 PG 112 (FEE~9+-.8371)
WHEREAS, the owner is requesting this rezone so a second
home can be placed on the lot. Rezoning the lot to R-E would
also permit limited animal use (horses, cows, pigs, chickens)
which is not consistent with the surrounding R-1 and R-M zoning.
This animal use may create a conflict with surrounding property
owners whO are not permitted similar animal privileges, and
WHEREAS, the South Mohave Area Plan indicates this area as
Single Family Residential. It is unclear if an area plan
amendment would be required, R-E zoning is a residential zoning;
however, it permits two dwelling units which could be classified
as Multiple Family, Because the minimum lot size for R-E zoning
is one-half acre, the area plan designation could be considered
low density residential, and
WHEREAS, at the public hearing on February 9, 1994, the
Mohave County Planning and Zoning Commission recommended denial
of the proposed rezone. On March 1, 1994, the Board of
Supervisors postponed action of the proposed rezone to the June
6, 1994, meeting. At that meeting the Board referred the item
back to the Planning and Zoning Commission, and
WHEREAS, the owners of the property have indicated that they
do not want to split the property and would agree to a one-acre
minimum lot size. The deed to the property has been recorded
with restrictions on all animals except dogs, cats and birds, and
WHEREAS, the owners have also indicated that a secondary
residence on the site would not provide the solution for a second
home on the property, and
WHEREAS, review of Floodplain Map #040058-2445C indicates
this parcel to be in Zone AO, an area of 100-year shallow
flooding where depths are between one and three feet. Base flood
elevations are shown, but nO flood hazard factors are determined.
A Floodplain Use Permit is required for development, and
WHEREAS, at the public hearing before the Mohave County
Planning and Zoning Commission on July 13, 1994, the Commission
recommended DENIAL for a rezone based upon the following:
l. The zone change is not consistent with the surrounding
zoning.
2. R-E zoning would also permit limited animal uses which
is not consistent with the surrounding R-l and R-M
zoning, which may create a conflict with surrounding
property owners who are not permitted the same animal
rights.
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RESOLUTION NO. 94-258
Page 3
PAGE ;; OF 3
BK 2449 PG 113 (fEE~94-48371)
WHEREAS, after considerable public discussion the Board of
Supervisors decided it was in the best interest of the County to
APPROVE the applicants' rezoning request.
WHEREAS, the notice of hearing was published in the Kingman
Daily Miner, a newspaper of general circulation in Kingman,
Mohave County, Arizona, July 24, 1994, and posted July 22, 1994,
as required by Arizona Revised Statutes and the Mohave County
zoning Regulations.
NOW THEREFORE BE IT RESOLVED, that after considerable public
discussion the Board of Supervisors, at their regular meeting on
Monday, August 8, 1994, APPROVED this rezone subject to the
following:
1, The property be zoned R-E/40M (Residential Recreation/
Forty Thousand Square Foot Minimum Lot Size).
2.
That appropriate zoning,
floodplain permits be
development,
building,
obtained
environmental
prior to
and
any
3. The applicants comply with all applicable provisions of
the Mohave County Zoning Regulations.
4. That cu1linary water be provided to both dwellings.
MOHAVE COUNTY BOARD OF SUPERVISORS
~/ e, wAhl ,
Joa C. Ward, Chairman