Board of adjustment denies appeal on not allowing 4 RVs, again postpones 1 case

The Apache Junction Board of Adjustment and Appeals recently denied an appeal of the zoning administrator’s decision concerning four recreational vehicle rental spaces at 529 N. Gold Drive.

Joel Kaplan is appealing the zoning administrator’s decision of denial of nonconforming rights for four recreational vehicle rental spaces at 529 N. Gold Drive in Apache Junction. (Graphic from city of Apache Junction)

The board voted 6-0 to deny case BA-4-17, an appeal by Joel Kaplan, concerning the RV rental spaces on RS-20M (Medium Density Single-family Detached Residential)-zoned property.

Mr. Kaplan contended that the property does have rights for the four RV spaces in addition to the duplex, triplex and mobile home on the property. Discussion had been postponed from the board’s Dec. 11 and March 12 meetings.

Voting on May 7 to deny the appeal, according to Larry Kirch, director of development services, were 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.

Outdoor events

For the third time in a row, a case before the board was continued to a future meeting.

At meetings March 12 and Dec. 11 the board voted to continue a case where applicants disagree with and are appealing the zoning administrator’s interpretation pertaining to permits required for “Temporary Uses” and/or “Private Outdoor Music Festivals/Events.”

On May 7 the board voted to postpone it until a 7 p.m. June 11 meeting in the council chambers, 300 E. Superstition Blvd.

The case, BA-3-17, is 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.

It seeks 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.

Mr. Kirch on May 8 said the postponement was due to a similar case being heard by the Apache Junction City Council May 15. It begins at 7 p.m. and will be held in the council chambers, 300 E. Superstition Blvd.

The council is to hear a presentation, discussion, hold a public hearing and consider Resolution No. 18-21, an appeal of case CUP-9-17 by Evan Bolick, representing James and Bambi Johnson, Mark and Kindra Theisman, Nick and Helen Funk, Rich and Kathy Beavers, and Patrick and Diana La Clair.

The resolution is requesting an appeal of a conditional use permit granted by the planning and zoning commission to Mehmood Mohiuddin, represented by Ralph Pew, to conduct various outdoor entertainment activities on his property surrounding the Hitching Post and HP Steakhouse restaurants, zoned B-1 General Commercial, and at 2341 N. Apache Trail.

Board of adjustment cases may be reviewed 7 a.m.-6 p.m. Monday-Thursday, except holidays, at the planning division office at the city hall complex, 300 E. Superstition Blvd. in Apache Junction.

The Apache Junction Independent is mailed each month to 35,000 homes.

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