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HomeMy WebLinkAboutMinutes - Planning and Zoning Commission - 5/4/2010 MINUTES ORO VALLEY PLANNING AND ZONING COMMISSION REGULAR SESSION AGENDA May 4, 2010 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE CALL TO ORDER AT OR AROUND 6:00 P.M. Chairman Reddin called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Clark Reddin, Chairman Joe Hornat, Vice Chair Alan Caine, Commissioner Mary Caswell, Commissioner Robert Swope, Commissioner John Buette, Commissioner EXCUSED: Robert La Master, Commissioner PLEDGE OF ALLEGIANCE Chairman Reddin led the audience in the Pledge of Allegiance. CALL TO THE AUDIENCE (Non Agenda Items Only) Opened and closed with no comment. 1. Review and /or approval of the April 6, 2010, P&Z Commission meeting minutes. Commissioner Caine requested a note be placed in the minutes that stated the applicant showed a letter that a commitment was made by the Town to the residents prior to annexation. MOTION: A motion was made by Commissioner Caine and seconded by Vice Chair Hornat to approve the April 6, 2010, P&ZC minutes as amended. MOTION carried, 6-0. 2. PUBLIC HEARING: OV410-002 request from Francisco Vidal of Vidal Corporate, LLC., business owner and Maricarmen Salazar, home owner request Type II Home Occupation allowance for a Day Care business with a maximum of 10 children and one non resident employee. Subject property: 11655 N. Red Creek Place, (Parcel #224-07-0110). For additional information, contact Dee Widero at 229-4812 or dwidero@orovalleyaz.gov. Commissioner Swope recused himself because he is a member of the Verde Ranch Board of Directors. Dee Widero, OV Zoning Enforcement Manager, presented the staff report and said the proposal as presented does not meet OVZCR and staff recommended denial. Maricarmen Salazar, applicant, stated that she currently lives at the residence and would like to open a day care business at her residence. Phillip Brown, Attorney at Law, representing the Verde Ranch Home Owners Association, presented Exhibit 1, Article 3-Covenants and Restrictions and said the provisions state: - Property will be used "exclusively" as a residence - No trade or business shall be conducted - An owner can operate a business in their residence but the business activity cannot be detected by sight, smell, activity -Activity may not involve persons coming onto the lot Mr. Brown said for various reasons the board had no choice but to deny the daycare to be run out of this property. Andrew Tessler, OV resident, said he strongly opposes the proposal and encouraged the commission to vote no. Commissioner Hornat asked Joe Andrews, OV Civil Attorney, to clarify the CC&R's of the residents HOA. Mr. Andrews clarified that HOA CC&R's are separately and independently enforced. We are not bound by what the CC&R's of the HOA. Mr. Andrews added that the Board of Adjustment could approve this or the code would need to be amended. If someone were successful in one of these approaches, you would still have the hurdle of the HOA. Maricarmen Salazar said she knew approval would be difficult, she said even if she is not approved by the Town she said she can still open her daycare. She said she was trying to be "clear" to her neighborhood. She said most of her customers would be the neighbors. Mr. Tessler, OV resident, said if this goes through anyone in the area can open a daycare and the Commission would be opening a can of worms. MOTION: A motion was made by Commissioner Caswell and seconded by Vice Chair Hornat to deny OV410-002. Commissioner Caswell said the proposal does not meet code, it will destroy property values, traffic and noise will be a problem and it is not appropriate for the neighborhood. MOTION carried, 6-0. 3. Planning Director Update Paul Popelka, OV Acting Planning & Zoning Director gave a brief update on the P&Z Commission workplan. 4. Future Agenda Items Commissioner Hornat requested a brief update on Environmentally Sensitive Lands Ordinance at the next meeting. ADJOURNMENT MOTION: A motion was made by Vice Chair Hornat and seconded by Commissioner Buette to adjourn at 6:35 p.m. MOTION carried, 6-0. Prepared by, Deanna Ruiz Recording Secretary