Apache Junction outdoor music events appeal withdrawn

City Attorney Joel Stern. (Independent Newsmedia/Arianna Grainey)

A case before the city’s Board of Adjustment has been withdrawn where applicants disagreed with and appealed the zoning administrator’s interpretation pertaining to permits required for “Temporary Uses” and/or “Private Outdoor Music Festivals/Events.”

Accepting the withdrawal and dismissing the case June 11 were Apache Junction Board of Adjustment and Appeals Chairman Frank Schoenbeck, Vice Chairman Jesse Gage and board members Luciano Buzzin, Michael Weller, Braden Biggs and Judy Borey. Board member Jane Jones was absent.

The case, BA-3-17, was an appeal of the zoning administrator’s decision by Bambi Johnson, represented by Adam Martinez and Thomas F. Galvin Jr. of the Rose Law Group.

Mr. Galvin sent an e-mail June 8 asking that the case be withdrawn, City Attorney R. Joel Stern said to the adjustment board.

The city’s court reporter did not attend the meeting, “because all you’re going to do tonight is a public hearing. You’ll open it up for anybody who wants to speak, but we’re not doing a presentation, and then the recommendation would be to accept the withdrawal of the appeal, vote on it and also dismiss the case. That’s all you have to do,” he said.

“Is this dismissed with prejudice?” Mr. Weller asked Mr. Stern.

“Not necessarily. They could bring it back,” Mr. Stern said.

“In this form, you don’t dismiss with or without prejudice. That’s more of a criminal case,” he said.

The applicant sought to appeal the interpretation of Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 1-1: Introductory Provisions, Section 1-1-3 Applicability; and Article 1-2: Types of Uses, Section 1-2-4 Administrative Uses; and Article 1-5: Zoning Bulk and Use Regulations, Section 1-5-3 Non-residential Use Regulations, Table 5-3 Non-residential Use Regulations; and Article 1-6 Supplemental Regulations, Section 1-6-23 Temporary Uses and Structures; and Article 1-16 Administration: Section 1-16-12 Conditional Use Permits, Administrative Use Permits and Building Permits, according to the agenda.

“Appellant argues that Table 5-3 requires a CUP for “Private Outdoor Music Festivals/Events” in the B-1 General Commercial Zoning District. The appellant asserts that the zoning administrator erred in his interpretation that “no conditional use permit is required for a property zoned B-1 to have up to four private music outdoor festivals/events,” Larry Kirch, development services director, said in a memo to the board of adjustment and appeals.

Editor Richard Dyer can be reached at rdyer@newszap.com

You are encouraged to leave relevant comments but engaging in personal attacks, threats, online bullying or commercial spam will not be allowed. All comments should remain within the bounds of fair play and civility. (You can disagree with others courteously, without being disagreeable.) Feel free to express yourself but keep an open mind toward finding value in what others say. To report abuse or spam, click the X in the upper right corner of the comment box.

Facebook Comment