HomeMy WebLinkAbout99-074 _, .6~ PG 3(:.2
OFFICIAl- RECOROS OF MOHAVE CO~JNTY' AZ
JOAW MC CALL, MOHAVE cOUNTY RECORDER
~ .~ ....... 0~/10/1999 08:~2A PAGE
'~ MOHAVE COUNTY B. OARQ OF SUPERVISORS
RECORDING FEE
RESOLUTION NO. 99-74
A RESOLUTION SETTING FORTH AN ABANDONMENT OF A PORTION OF A 25-FOOT
ALLEY ADJOINING LOTS 4, 5, AND 6, BLOCK 1, MOHAVE VALLEY BUSINESS PARK,
TRACT 4029-A, IN SECTION 23, 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 March 8,
1999, a public hearing was conducted to determine whether an Abandmmaent should be granted for the
above-described alleyway as requested by Philip and Terri Carter, Agoura, California, and
WHEREAS, the site is east of Arizona State Highway 95 and north of Aztec Road. The site is
accessed directly from Highway 95 at Aztec Road. The alleyway begins approximately 200 feet east of
Highway 95 and extends northward between Lots 1 and 2, then proceeds along the north boundary of Lots
2 through 6 where it dead-ends, and
WHEREAS, the owner proposes to abandon that portion of the alleyway adjoining Lots 4 through
6 to allow for a new mini-storage building. The alleyway's course is relatively level. The General Plan
designates this area as a General Commercial, Urban Development Area. The owner received a rezone on
Lots 4 through 6, and the eastern adjoining property, from R-M and A-R, respectively, to C-MO on January
4, 1999, via BOS Resolution No. 99-6. The owners, initially seeking a variance to reduce the rear yard
setback from 15 feet to 0 feet, have withdrawn their request, and
WHEREAS, Citizens Utilities Company has reviewed the owner's petition and has no objection to
the alleyway abandonment, and
WHEREAS, Southwest Gas, Bermuda Water Company, Fort Mojave Tribal Utilities Authority
and various cable television providers have reviewed the owner's petition but have not responded with
objection or concurrence to the alleyway abandonment, and
WHEREAS, Mohave Electric Cooperative objects to the abandonment because a portion of their
power poles overhang the alleyway. This alleyway is needed to service the existing overhead power lines,
and
WHEREAS, the Fort Mojave Mesa Fire Department does not object to the abandonment of the
alleyway, and
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RESOLUTION NO. 99-74 Page 2
WHEREAS, the Department of Public Works objects to the abandonment of the alleyway. Article
6.4-25 of the Mohave County Subdivision Regulations requires a 25-foot alley along the rear of all
commercial lots. The alley may serve as a utility corridor because no public utility easements now exist on
the property. The Department of Public Works further requests that any structures built on the site be set
back at least 15 feet from the rear property line for drainage relief from the adjacent RV park, and
WHEREAS, a review of FEMA FIRM Panel #040058-2445C indicates the alleyway described to
be in Zone AO, in the FEMA Special Flood Hazard Area with a base flood level of one foot. The alleyway
is not essential to the drainage plan for the South Mohave Valley, and
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 may not comply with the Mohave County General Plan.
c. The abandonment of the alleyway may not be consistent with the surroundings.
d. The alleyway currently holds a portion of the existing power-pole cross-bars located on an
adjoining public utility easement on the north property. Oleandars have also encroached into
the alley for several feet.
e. The site has legal access.
f. The site has no significant environmental features except the above-mentioned Special Flood
Hazard Area.
WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on
February 10, 1999, the Commission recommended APPROVAL for the Abandonment subject to the
following:
1. Equal portions of the entire 25-foot alleyway will accrue to Lots 4, 5, and 6, Block 1,
MOHAVE VALLEY BUSINESS PARK, Tract 4029-A, increasing their acreage rather than
creating separate parcels (ARS §28-7205).
2. A 15-foot public utility and drainage easement shall be granted along the northern property
line of Lots 4, 5, and 6, Block 1, MOHAVE VALLEY BUSINESS PARK, Tract 4029-A.
3. Written concurrence from the Fort Mojave Mesa Fire Department must be obtained by the
applicant and submitted to the Planning and Zoning Deparmaent.
4. Written concurrence from all affected utility companies must be obtained by the applicant
and submitted to the Planning and Zoning Department.
WHEREAS, the notice of hearing was published in The Standard, a newspaper of general
circulation in Kingman, Mohave County, Arizona, February 17, 1999, and February 24, 1999, and posted
February 19, 1999, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations.
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RESOLUTION NO. 99-74 Page 3
NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting
on Monday, March 8, 1999, APPROVED this AbandorLment as recommended by the Mohave County
Planning and Zoning Commission and outlined herein.
MOHAVE COUNTY BOARD OF SUPERVISORS
= James R~d~o~