HomeMy WebLinkAbout98-218 RESOLUTION NO. 98-218
A RESOLUTION SETTING FORTH THE RESCISSION OF BOS RESOLUTION NO. 94-77
WHICH APPROVED THE REZONE OF THAT PORTION OF LOT 21 LYING WESTERLY OF
US HIGHWAY 93, GATEWAY ACRES, TRACT 8, 1N NW¼ SECTION 13, TOWNSHIP 25
NORTH, RANGE 20 WEST, IN THE MOHAVE COUNTY GENERAL AREA, MOHAVE
COUNTY, ARIZONA.
WHEREAS, at the special meeting of the Mohave County Board of Supervisors held on October
19, 1998, a public hearing was conducted to determine whether approval should be granted for the
Rescission of the Resolution for the Rezone for the above-described property as requested by the Mohave
County Plamfing and Zoning Department. The current property owners are James and Debra Barker of
Kingman, Arizona, and
WHEREAS, this property is located west of US Highway 93 and north of Pierce Ferry Road. The
site is accessed directly from US Highway 93 to the west. The property has a single-family residence, along
with a garage being used for auto repair and towing business on it. The terrain is relatively flat, sloping
slightly to the southwest. There are no significant drainage patterns, and
WHEREAS, this property was conditionally approved for a rezone to C-MO/lA (Conm~ercial-
Manufacturing/Open Lot Storage/One Acre Minimum Lot Size) by the Mohave County Board of
Supervisors on March 1, 1994, via BOS Resolution No. 94-77. As of May 13, 1998, none of the conditions
of approval for the Rezone have been met. It has not been extended and them have not been any requests
for extensions from the property owners. A letter was sent informing the property owners that it would be
scheduled for rescission. The Mohave County General Plan designates this area as a Rural Development
Area, and
WHEREAS, the Board of Supervisors considered this matter at their June 1, 1998 meeting and
continued it to August 24, 1998. At their August 24, 1998 meeting, the Board continued the matter to allow
Mr. andMrs. Barker to comply with the conditions, and
WHEREAS,the applicant has not complied with condition 2, which requires the applicant to build
a view-obscuring fence, and condition 3, which requires the applicant to obtain applicable building permits
lbr all structures, and
WHEREAS, the applicant built a view-obscuring fence before a building pemfit was obtained, and
the fence was not constructed according to approved building plans as required by the Uniform Building
Code and, therefore, the fence experienced structural failure, including but not limited to, falling down, and
RESOLUTION NO. 98-218 Page 2
WHEREAS, the following described Findings of Fact are for the above-captioned item:
a. All notices have been advertised and posted according to regulations.
b. The proposed action and effect complies with the Mohave County General Plan.
c. The site has legal access.
d. There are no significant environmental features affecting the site.
WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on
May 13, 1998, the Commission recommended that BOS Resolution No. 94-77 be rescinded, and
WHEREAS, the notice of hearing was published in The Standard, a newspaper of general
circulation in Kingman, Mohave County, Arizona, September 19, 1998, and posted on September 18, 1998,
as required by Arizona Revised Statutes and the Mohave County Zoning Regulations.
NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their special meeting
on Monday, October 19, 1998, RESCINDED BOS Resolution No. 94-77 as recommended by the Mohave
County Planning and Zoning Commission and outlined herein.
BE IT FURTHER RESOLVED, that the Rescission is effective JanuaD' 4, 1999 unless compliance
with the following conditions is demonstrated to the Board of Supervisors:
1. The fence shall be constructed according to approved building permit, or corrective measures
incorporated into the existing fence. Any corrective measures must be designed by an
engineer licensed in the State of Arizona amd approved by the Mohave County Planning and
Zoning Department.
2. Should the applicant wish a new fence design, that design must be submitted to and approved
by the Mohave County Planning and Zoning Department. Any design shall be signed and
sealed by an engineer licensed in the State of Arizona.
3. All outstanding elements of the approved site plan be completed.
4. Evidence of completion shall be a memorandum from the Planning and Zoning Director to
the Board.
MOH~ERVISORS
James~Cha~