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HomeMy WebLinkAbout95-098 ~.j\D v' ~ . -7 3 RESOLUTION NO. 95-98 A RESOLUTION SETTING FORTH A REZONE OF GATEWAY ACRES, TRACT 9, E 1/2 OF THE W 1/2 OF LOT 81, IN THE SE 1/4 OF SECTION 9, TOWNSIDP 25 NORTH, RANGE 19 WEST, FROM A (GENERAL) ZONE TO R-E (RESIDENTIAL-RECREATION) ZONE, IN THE MOHA VE COUNTY GENERAL AREA, MOHA VE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on March 10, 1995, a public hearing was conducted to determine whether approval should be granted for a Rezone for the above described property to David and Donna Weddle of Dolan Springs, Arizona, and WHEREAS, the applicant is requesting this zone change to allow a second residence as a non- commercial guest house. This is allowed in R-E zoning, and WHEREAS, the property is located approximately three and one-half miles east of Highway 93 on the north side of Pierce Ferry Road. The property is accessed from Pierce Ferry Road, and WHEREAS, the property is relatively flat and has an existing home and mobile home on it. The surrounding land uses include a home and the Dolan Springs Community Center to the east. The land to the north and west is vacant, and WHEREAS, Pierce Ferry Road is an easement through this area; the Public Works Department is requesting the dedication ofa portion of the easement in front of the property. This request does not appear as a condition, because a requirement of dedication does not comply with two U. S. Supreme Court Rulings: Nollan v. California Coastal Commission and Dolan v. City of Tigard. The Public Works Department is contacting the applicant separately, and WHEREAS, review ofFEMA FIRM Panel #040058-1775B indicates this parcel to be in Zone C, not in a FEMA Special Flood Hazard Area. A Floodplain Use Permit is not required, and WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on February 8, 1995, the Commission recommended APPROVAL for a Rezone subject to the following: 1. This property will be rezoned R-EIlA (Residential-Recreation/One Acre Minimum Lot Size). RESOLUTION NO. 95-98 PAGE 2 OF 2 BK 2538 PG 796 (FEE~9S-12845) Page 2 ,. .. . . ; , ,. 2. The applicant comply with all applicable provisions of the Mohave County Zoning Regulations. Section 27.P (Site Plan Requirements) must be completed and approved prior to approval of permits. 3. The appropriate zoning, building, environmental and floodplain permits be obtained. 4. The rezone shall not become effective until 30 days after final approval of the change in classification by the Board of Supervisors, as per ARS 11-829E. WHEREAS, the notice of hearing was published in the Kingman Daily Miner, a newspaper of general circulation in Kingman, Mohave County, Arizona, February 19, 1995, and posted February 17, 1995, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting on Friday, March 10, 1995, APPROVED this Rezone as recommended by the Mohave County Planning and Zoning Commission and outlined herein. MOHA VE COUNTY BOARD OF SUPERVISORS ATTEST: ~h\- f.. W i1h.L Joan . Ward, Chairman