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HomeMy WebLinkAbout98-242 INDEXED ViCt{DF)L OFFICIAL RECORDS OF MOHAVE COUNTY~ AZ JOAN MC CALL~ MDHAVE COUNTY REC. DRDER 07/~&/98 02:18P PAGE I OF 3 NOHAVE COUNTY BOARD OF SUPERVISORS RECOROIN6 FEE O.m)~ RESOLUTION NO. 98-242 A RESOLUTION SETTING FORTH AN AMENDMENT TO THE SDfR (SPECIAL DEVELOPMENT/RESIDENTIAL) ZONING FOR LOT 71, BLOCK B, DESERT LAKES GOLF COURSE AND ESTATES, TRACT 4076-A, IN THE E~ OF SECTION 35 AND A PORTION OF THE SW¼ OF SECTION 36, TOWNSHIP 19 NORTH, RANGE 22 WEST, IN THE SOUTH MOHAVE VALLEY AREA, MOHAVE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on July 13, 1998, a public hearing was conducted to determine whether an Amendment to the SD/R zone, of reducing the rear yard setback from 20 feet to 0 feet, should be granted as proposed by Mohave County. The property is owned by Lawrence R. and Theresa A. Jackson, and WHEREAS, this lot is located on Desert Lakes Drive in Desert Lakes Golf Course amd Estates. It is accessed from State Highway 95 to Joy Lane, then to Club House Drive, then to Desert Lakes Drive. The lot has a single-family dwelling and a partially built swimming pool. The surrounding lots have single- family homes or are vacant. The lot backs up to the golf course, and WHEREAS, the previous owner of the house began construction on a swimming pool and patio; the patio is designed to cover the pool. A building permit was obtained for the pool; however, there is not a permit for the patio, and WHEREAS, the patio is 4.9 feet from the rear property boundary. According to Section 25 of the Mohave County Zoning Ordinance, setbacks for structures in an SD/R zone depend on design and are set by the Board at the time they approve the development. For the Desert Lakes Golf Course and Estates development, the rear yard setbacks are 20 feet, as established by BOS Resolution No. 93-122. Section 27.F.8 of the Mohave County Zoning Ordinance states that the "main building and/or structures which are attached to a part of the main building, may extend or project into the required rear yard provided that such structures, together with all detached accessory buildings, shall not occupy more than fifty percent (50%) of the area of the required rear yard. At least ten feet (10') must be maintained between the rear property line and any main building, structural bearing wall or overhang." The patio, together with all of the detached buildings, does not cover more than fifty percent (50%) of the rear lot, and WHEREAS, after purchasing the property, Mr. Jackson applied to the District II Board of Adjustment for a variance to rear setbacks. The Board denied the variance because there was not an inherent problem with the property and Mr. Jackson would be given privileges not enjoyed by his neighbors. Following the Board's denial of Mr. Jackson's variance request, the Department was asked to process an amendment to the rear yard setbacks, and P~6E 2 OF 3 3122 P6 801 FEE~980~l~66 RESOLUTION NO. 98-242 Page 2 WHEREAS, since Mr. Jackson's lot would be subject to different zoning restrictions than other lots in the subdivision, a change in setback requirements is a spot zone. The uses Mr. Jackson can develop on his property remain single-family. However, this request will give Mr. Jackson privileges not granted to surrounding neighbors, and WHEREAS, the rear yard setbacks in this instance are to give the development a particular character or feel. Since them are no buildings in this area of the golf course, health and safety are not issues, and WHEREAS, the following described Findings of Fact are for the above-captioned item: 1. All notices have been advertised and posted according to the regulations. 2. The request is consistent with the General Plan. 3. The site is not adequate for the intended action and the proposal is not consistent with surrounding structures. 4. The action is spot zone. WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on June 10, 1998, the Commission recommended APPROVAL for an AMENDMENT to the SD/R zone subject to the following: 1. Lot 71, Block B of Desert Lakes Golf Course and Estates is zoned SD/R with setbacks as follows: Front: 20 feet Side: 05 feet Rear: 04 feet 2. The existing patio cover structure covering the swimming pool may not be enclosed and will be completed and maintained in its present state (i.e., open sides, trellis-type roof, and present size). 3. The appropriate zoning, building, environmental, and floodplain permits will be obtained. 4. The applicant shall comply with all applicable provisions of the Mohave County Zoning Regulations. WHEREAS, the notice of hearing was published in The Standard, a newspaper of general cimulation in Kingman, Mohave County, Arizona, June 27, 1998, and posted on June 26, 1998, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. PAGE 3 OF 3 BK 3122 PG 802 FEE~981]~l~66 RESOLUTION NO. 98~242 Page 3 NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting on Monday, July 13, 1998, APPROVED the request for an Amendment to the SD/R (Special Development/ Residential) Zoning for Lot 71, Block B, DESERT LAKES GOLF COURSE AND ESTATES, Tract 4076- A, as recommended by the Mohave County Planning mad Zoning Commission and outlined herein. MOHAVE COUNTY BOARD OF SUPERVISORS ATTEST: James~