HomeMy WebLinkAboutOV10130610709 N Hewitt PI
Zoning Variance
OV1013-06
Engineering Comments, 1st Submittal
Mike Todnem, P.E.
May 3, 2013
The Town of Oro Valley Permitting Division has no Engineering comments regarding
the proposed zoning variance for the covered lattice system. The rear yard setback has
been reviewed to verify that its reduction will not create a drainage issue. Verification of
engineering code requirements will take place during review of the Building submittal for
permit.
If you have any questions, please call David Laws at (520)229-4808.
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OP 229 Development and Infrastructure Services
. Planning Division
11000 N La Canada Drive, Oro Valley, Arizona 85737 • 520-229-4800 • 520-742-1022 (Fax)
FOUNDED 191A
BOARD OF ADJUSTMENT APPLICATION
NOTICE TO APPLICANT— It is the applicant/owner's responsibility to ensure all private rules and
regulations of the subdivision are adhered to. Contact your HOA or property management company to
determine all applicable requirements. Initials
FOR X Zoning Variance
—Zoning Interpretation
Appeal of Administrative Decision
NATURE OF REQUEST:
Note: Submittals are due by noon
CASE NO.: [A�?)- D LP
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If necessary, please attach a written narrative.
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APPLICANT: _ poocj'145 _Vc_ -
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OWNER: Fa-1-CAC r^6)1
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PROPERTY LOCATION FOR VARIANCE REQUEST: J 0701
PARCEL #: aa���a �� ?O LEGAL DESCRIPTION:I24yfvt JT- Gof I
CURRENT ZONING: F - I
ATTACHMENTS:
APPLICABLEEE:
SIGN�51VRE OF APPLICANT (ALSO PRINT NAME) DATE
SUPPLEMENTAL QUESTIONS FOR APPLICATION FOR A VARIANCE
Please provide the following information addressing 1 — 5 in the Findings from
Section 21.6 1 of the Oro Valley Zoning Code Revised (OVZCR). In order to
authorize a variance request, the Board will be searching for sufficient evidence in
accordance with the findings. Please answer the questions below in a narrative
format.
1. Are there special circumstances or conditions applying to the property referred
to in the application including its size, shape, topography, location or
surroundings which do not apply to other properties in the district?
2. Are there special circumstances that exist that are not self imposed or created
by the owner/applicant?
3. Is the authorizing of the variance necessary for the preservation and
enjoyment of substantial property ri hts?
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4. If granted, will the variance impose such conditions as will assure that the
authorizing of the adjustment shall not constitute a grant of special privileges
inconsistent with the limitations upon other properties in the vicinity and zone
in which such property is located?
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5. If granted, will the variance be the minimum
not materially affect the health, safety, am
surrounding properties.
necessary to afford relief and will
welfare of the neighborhood or
Oro Valley Zoning Code Section 21.6 Board of Adjustment
A. Scope
The Board of Adjustment shall hear and decide requests for variances and appeals of
interpretations of this Code in accordance with A.R.S., Section 9-462.06.
B. Powers and Duties
1. Interpretation
The Board of Adjustment shall interpret this Code on appeal when:
a. There is a dispute between the appellant and the Planning and Zoning Administrator
or other Town Official as to a decision or interpretation as set forth in Section 21.6.F;
or
b. The location of a zoning district is in doubt.
2. Variances
The Board of Adjustment may allow variances from the provisions of this Code in
accordance with Section 21.6.1, Findings.
C. Meetings, Administration of Oaths, and Compelling Attendance of Witnesses
All meetings of the Board shall be held at the call of the Chairman and at such other times as the
Board may determine. All meetings of the Board shall be open to the public. The Chairman, or in
his absence, the acting Chairman, may administer oaths and compel the attendance of
witnesses in accordance with the laws of the State of Arizona.
D. Composition
1. Appointment
The Board of Adjustment shall be composed of 5 members appointed by the Town Council.
2. Terms
Appointments are for staggered terms of 2 years each with no limit on the number of terms.
3. Vacancies
Vacancies shall be filled for the un-expired portion of that term within a reasonable time
period as provided for by appointments of the Town Council.
4. Removal
The Town Council has the authority to remove, by majority vote, any member for neglect of
duty, inefficiency, or misconduct in office.
E. Transaction of Business
1. The Board of Adjustment shall conduct its business in accordance with the Arizona Revised
Statutes and applicable Town regulations and any rules and procedures as adopted by the Town
Council.
2. The Town Clerk, or an appointed representative from the Town Clerk's office, shall serve as the
Executive Secretary of the Board of Adjustment and the minutes and records of all board
proceedings will be kept and filed as public record in the files of the Town Clerk.
F. Appeals from Administrative Decisions
Appeals may be taken to the Board of Adjustment by persons aggrieved or by any officer,
department, board, or bureau of the municipality affected by a decision of an administrative
official, within 30 days, by filing with the officer from whom the appeal is taken, and with the
Board of Adjustment, a notice of appeal specifying the grounds thereof. The officer from whom
the appeal is taken shall forthwith transmit all papers constituting the record upon which the
action appealed from was taken. Said appeal shall be filed on a form provided by the Town
Clerk.
An appeal shall stay all proceedings in the matter appealed from unless the officer from whom
the appeal is taken certifies to the Board that, by reason of the fact stated in the certificate, the
stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings
shall not be stayed, except by restraining order granted by the Board or by a court of record on
application and notice to the officer from whom the appeal is taken. The Board shall fix a
reasonable time for hearing the appeal and give notice thereof to the parties in interest and the
public.
2. The concurring vote of a majority of the Board shall be necessary to reverse any order or
decision of an administrative official, or to pass or to affect any variations from the terms and
conditions of this ordinance.
G. Application for Variances
1. Application for a variance of zoning regulations shall be made to the Board of Adjustment in the
form of a written application. Said application shall be filed with the Town Clerk upon forms
provided by the Board of Adjustment.
H. Hearing and Notice
Upon receipt in proper form of any such application, the Board of Adjustment shall proceed to
hold a public hearing upon said application not more than 30 days, nor less than 15 days, after
such filing, at which time all persons shall be given an opportunity to be heard. Such Board of
Adjustment shall cause one notice of such hearing to be published in a newspaper of general
circulation in the Town of Oro Valley and one notice to be posted on the subject property, giving
at least 15 days notice of said hearing, and the time and place where said hearing will be held.
Said notice, both as published and posted, shall also show the nature of the variance or
exception requested and state that anyone wanting to protest may appear in person or by
writing. All property owners within 300 feet must be notified.
Findings
A variance from the provisions of this Code shall not be authorized unless the Board shall find
upon sufficient evidence:
1. That there are special circumstances or conditions applying to the property referred to in the
application including its size, shape, topography, location or surroundings which do not apply to
other properties in the district; and
2. That special circumstances were not created by the owner or applicant; and
3. That the authorizing of the variance is necessary for the preservation and enjoyment of
substantial property rights; and
4. That any variance granted imposes such conditions as will assure that the authorizing of the
adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon
other properties in the vicinity and zone in which such property is located; and
5. That the authorizing of the variance will not be materially detrimental to persons residing in the
vicinity, to adjacent property, to the neighborhood or the public welfare in general.
J. Action
The Board shall prescribe, in connection with any variance, such conditions as the Board may
deem necessary in order to fully carry out the provisions and intent of this Code. Such conditions
may include, among other things, a limitation of the time for which such variance shall be valid.
Violation of any such condition shall be a violation of this ordinance and such violation shall
render the variance null and void.
K. Review
1. Any person aggrieved by a decision of the Board after hearing on application made by any
taxpayer or municipal officer, may petition for a writ of certiorari to review the Board's decision
pursuant to ARS Section 9-465 (1956) as amended.
CHAPTER 21: REVIEW AND DECISION -MAKING BODIES
Section 21.6 Board of Adjustment
Section 21.6 Board of Adjustment
A. Scope
The Board of Adjustment shall hear and decide requests for variances and appeals of interpreta-
tions of this Code in accordance with A.R.S. Section 9-462.06.
B: Powers and Duties
1. Interpretation
The Board of Adjustment shall interpret this Code on appeal when:
a. There is a dispute between the appellant and the Planning and Zoning Administrator or
other Town Official as to a decision or interpretation as set forth in subsection F of this
section; or
b. The location of a zoning district is in doubt.
2. Variances
The Board of Adjustment may allow variances from the provisions of this Code in accordance
with subsection J of this section, Findings.
C. Meetings, Administration of Oaths, and Compelling Attendance off Witnesses
All meetings of the Board shall be held at the call of the Chairman and at such other times as the
Board may determine. All meetings of the Board shall be open to the public. The Chairman, or, in
his absence, the acting Chairman, may administer oaths and compel the attendance of witnesses
in accordance with the laws of the State of Arizona.
D. Composition
1. Appointment
The Board of Adjustment shall be composed of five (5) members appointed by the Town
Council.
2. Terms
Appointments are for staggered terms of two (2) years each with no limit on the number of
terms.
3. Vacancies
Vacancies shall be filled for the un-expired portion of that term within a reasonable time period
as provided for by appointments of the Town Council.
4. Removal
The Town Council has the authority to remove, by majority vote, any member for neglect of
duty, inefficiency, or misconduct in office.
Zoning Code/Oro Valley AZ June 2011 9
CHAPTER 21: REVIEW AND DECISION -MAKING BODIES
Section 21.6 Board of Adjustment
E. Transaction of Business
The Board of Adjustment shall conduct its business in accordance with the Arizona Revised
Statutes and applicable Town regulations and any rules and procedures as adopted by the
Town Council.
2. The Town Clerk, or an appointed representative from the Town Clerk's office, shall serve as
the Executive Secretary of the Board of Adjustment and the minutes and records of all Board
proceedings will be kept and filed as public record in the files of the Town Clerk.
F. Appeals from Administrative Decisions
Appeals may be taken to the Board of Adjustment by persons aggrieved or by any officer, depart-
ment, board, or bureau of the municipality affected by a decision of an administrative official, within
thirty (30) days, by filing with the officer from whom the appeal is taken, and with the Board of
Adjustment, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is
taken shall forthwith transmit all papers constituting the record upon which the action appealed from
was taken. Said appeal shall be filed on a form provided by the Town Clerk.
An appeal shall stay all proceedings in the matter appealed from unless the officer from whom
the appeal is taken certifies to the Board that, by reason of the fact stated in the certificate, the
stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings
shall not be stayed, except by restraining order granted by the Board or by a court of record
on application and notice to the officer from whom the appeal is taken. The Board shall fix a
reasonable time for hearing the appeal and give notice thereof to the parties in interest and
the public. I
The concurring vote of a majority of the Board shall be necessary to reverse any order or deci-
sion of an administrative official, or to pass or to affect any variations from the terms and con-
ditions of this ordinance.
G. Appeals from Planning and Zoning Administrator Interpretations
Appeals may be taken to the Board of Adjustment by persons aggrieved by a Planning and Zoning
Administrator interpretation within twenty (20) days from the date the interpretation is published on
the Town's website. The appeal shall be filed with the Town Clerk and the Board of Adjustment shall
issue a decision within thirty (30) days following receipt of the appeal.
((0)11-13, Added, 5/4/11)
H. Application for Variances
Application for a variance of zoning regulations shall be made to the Board of Adjustment in
the form of a written application. Said application shall be filed with the Town Clerk upon forms
provided by the Board of Adjustment.
((0)11-13, Amended, 5/4/11)
Hearing and Notice
Upon receipt in proper form of any such application, the Board of Adjustment shall proceed to hold
a public hearing upon said application not more than thirty (30) days, nor less than fifteen (15) days,
after such filing, at which time all persons shall be given an opportunity to be heard. Such Board of
Adjustment shall cause one notice of such hearing to be published in a newspaper of general cir-
10 June 2011 Zoning Code/Oro Valley AZ
, 4.
CHAPTER 21: REVIEW AND DECISION -MAKING BODIES
Section 21.6 Board of Adjustment
culation in the Town of Oro Valley and one notice to be posted on the subject property, giving at
least fifteen (15) days' notice of said hearing, and the time and place where said hearing will be held.
Said notice, both as published and posted, shall also show the nature of the variance or exception
requested and state that anyone wanting to protest may appear in person or by writing. All property
owners within three hundred (300) feet must be notified.
((0)11-13, Amended, 5/4/11)
J. Findings
A variance from the provisions of this Code shall not be authorized unless the Board shall find upon
sufficient evidence:
That there are special circumstances or conditions applying to the property referred to in the
application including its size, shape, topography, location or surroundings which do not apply
to other properties in the district; and
2. That special circumstances were not created by the owner or applicant; and
3. That the authorizing of the variance is necessary for the preservation and enjoyment of sub-
stantial property rights; and
That any variance granted imposes such conditions as will assure that the authorizing of the
adjustment shall not constitute a grant of special privileges inconsistent with the limitations
upon other properties in the vicinity and zone in which such propierty is located; and
That the authorizing of the variance will not be materially detrimental to persons residing in the
vicinity, to adjacent property, to the neighborhood or the public welfare in general.
((0)11-13, Amended, 5/4/11)
K. Action
The Board shall prescribe, in connection with any variance, such conditions as the Board may deem
necessary in order to fully carry out the provisions and intent of this Code. Such conditions may
include, among other things, a limitation of the time for which such variance shall be valid. Violation
of any such condition shall be a violation of this ordinance and such violation shall render the vari-
ance null and void.
((0)11-13, Amended, 5/4/11)
L. Review
1. Any person aggrieved by a decision of the Board after hearing on application made by any
taxpayer or municipal officer may petition for a writ of certiorari to review the Board's decision
pursuant to A.R.S. Section 9-465 (1956) as amended.
((0)11-13, Amended, 5/4/11)
Zoning Code/Oro Valley AZ June 2011 11
40
MINUTES
ORO VALLEY BOARD OF ADJUSTMENT
*AMENDED (711212013 5:00 P.M.)
REGULAR SESSION
July 23, 2013
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
REGULAR SESSION CALL TO ORDER AT OR AFTER 3:00 PM
Chairman Adler called the Board of Adjustment regular session to order at 3:00 P.M.
ORDER OF BUSINESS
Chairman Adler introduced the process by which a citizen may speak, and general
housekeeping information for the members of the audience.
PLEDGE OF ALLEGIANCE
Chairman Adler led the Pledge of Allegiance..
ROLL CALL
PRESENT: Bill Adler, Chairman
Helen Dankwerth, Vice Chairman
John Bohl, Member
Michael Schoeppach, Member
EXCUSED: Stephen Roach, Member
ALSO PRESENT:
Mike Zinkin, Council Liaison
Joe Andrews, Chief Civil Deputy Town Attorney
Paul Keesler, Director/Town Engineer
REGULAR AGENDA
August 7, 2013 Board of Adjustment Meeting July 23, 2013 Page 1 of 5
APPROVAL OF THE JUNE 25, 2013 STUDY/REGULAR SESSION MINUTES.
MOTION: A motion was made by Chair Adler and seconded by Vice Chair Dankwerth to
Approve the June 25, 2013 Study/Regular Session Minutes.
MOTION carried, 4-0.
2. REQUEST FOR A VARIANCE FOR THE BRAMBLE RESIDENCE AT 10709
NORTH HEWITT PLACE TO REDUCE THE REQUIRED REAR YARD
SETBACK FROM 10'-0' FOR A PATIO COVER AND FROM 5' TO 0' FOR A
SPA, OV1013-06.
Patty Hayes, Senior Planning Technician, presented a Staff Report detailing the
following:
-Approvals to date
-Location Map
-Vicinity Map
-Applicant's Proposal
-Rivers Edge II Lot 18 image
-Site Photo from Common Area to rear of property
-Site Photos from inside the yard
-Public Notice
-Variance Criteria Five Findings
-Summary
Jennifer Bramble, Oro Valley Resident and Applicant, explained why she felt their
request fit the five variance criteria. Mrs. Bramble stated she and her husband were
unprepared for the extreme sun and heat on the back of their house. She felt they have
limited options to explore for their back yard.
Alex Pestes, Oro Valley Resident, stated he is opposed to the requested setback
variance as it may set a precedence for neighboring properties.
Thomas Kamoske, Oro Valley Resident, stated he is opposed to the setback request as
the proximity of the spa to the wall could be a potential drowning hazard for children.
MOTION: A motion was made by Chairman Adler and seconded by Member Bohl to
Approve the Bramble request for a variance, OV1013-10
August 7, 2013 Board of Adjustment Meeting July 23, 2013 Page 2 of 5
MOTION carried, 3-1 with Member Schoeppach opposed.
3. REQUEST FOR A VARIANCE BY MERITAGE HOMES AT 13060 NORTH
ARTIFACT CANYON LANE TO ALLOW GRADING INTO 4,100 SQUARE FEET
OF PROTECTED HILLSIDE AREA FOR CONSTRUCTION OF A HOUSE,
OV1013-10.
Patty Hayes, Senior Planning Technician, presented a Staff Report detailing the
following:
-Vicinity Map
-Request Details
-Aerial Photo
-Applicant's Proposal
-Details
-Rancho Vistoso PAD
-Site Photo
-Public Notice
-Variance Criteria
-Summary
Meritage Representatives, Jeff Grobstein - Oro Valley Resident, and Jeff Garrett,
Tucson Resident, presented the builder's case for the variance.
Heather Nenadovich, Oro Valley Resident, expressed her opposition to the
proposed variance, as it may set a precedence for other developers.
Don Bristow, Oro Valley Resident, is also opposed to the proposed variance. Mr.
Bristow believes the builder knew the limitations of this particular lot, and the builder has
not met the required variance criteria in their request.
John Musolf, Oro Valley Resident, feels the approval of this request would be a display
of preferential treatment as he believes there are other properties in Rancho Vistoso
which have similar land situations, however they do not have a variance.
MOTION: A motion was made by Chair Adler and seconded by Member Schoeppach to
Approve the variance for 13060 North Artifact Canyon Lane, for Meritage Homes,
OV1013-10
MOTION carried, 4-0.
August 7, 2013 Board of Adjustment Meeting July 23, 2013 Page 3 of 5
Board of Adjustment
Page 1 of 6
MINUTES
ORO VALLEY BOARD OF ADJUSTMENT
REGULAR SESSION
May 28, 2013
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
CALL TO ORDER AT OR AFTER 3:00 PM
ROLL CALL
PRESENT: Bill Adler, Chair
Helen Dankwerth, Vice Chair
John Bohl, Member
Michael Schoeppach, Member
Stephen Roach, Member
Also Present: Mike Zinkin, Council Member
Joe Andrews, Oro Valley Chief Civil Deputy Attorney
ORDER OF BUSINESS
Chair Adler recommended changing the order of the agenda, item number
OV1013-05, will be heard first.
REGULAR AGENDA
1. APPROVAL OF THE APRIL 23, 2013 MEETING MINUTES
April 23, 2013 Board of Adjustment Meeting Minutes
MOTION: A motion was made by Vice Chair Dankwerth and seconded by
Member Schoeppach to Approve the April 23, 2013 meeting minutes.
MOTION carried, 5-0.
5. REQUEST FOR A VARIANCE FOR LOT 59 IN THE VERDE CATALINA
TOWNHOUSES TO REDUCE THE REQUIRED REAR YARD SETBACK
FROM 10' TO V AND REDUCE THE MINIMUM DISTANCE BETWEEN
BUILDINGS FROM 10' TO 0' FOR A COVERED PORCH ADDITION,
LOCATED AT 8335 N. VERDE CATALINA DRIVE, OV1013-05.
Item 4, Staff Report
Item 4, Attachment 1
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Item 4, Attachment 2
Item 4, Attachment 3
Item 4, Attachment 4
Patty Hayes, Zoning Plans Examiner, Staff Presentation
- Location map
- Zoning
- Request Details
- Verde Catalina
- Public Input
- Summary/Conclusion
- Variance Criteria Five Findings
Applicant, Brian Beamish presented his request to the Board of
Adjustments. Applicant Beamish would appreciate having the patio roofing
extended to assist in protecting his artwork from sun and rain.
Robert Barth, Oro Valley resident indicated he is opposed to the structure,
because the structure is not truly connected to the building itself. Further,
he is not supportive of the variances in residential architecture.
Fran Young Oro Valley Resident. Mrs. Young is opposed to the variance
request, due to her believing the townhouses should have a continuity of
design throughout their community. In addition, Mrs. Young is concerned
with the water run off, should the roofing be permitted.
Gordon Young, Oro Valley Resident, opposed to the proposed variance
due to the metal roof being unsightly. Mr. Young voiced his concerns with
the water run-off potentially causing erosion or a ditch in the walking path
area.
Larry Tucci, Oro Valley Resident, expressed he is opposed to the variance
due to the rain potentially running off. Mr. Tucci also stated there is a strong
odor created by the applicant's kelm.
Jim Seppala, Oro Valley resident, lives behind applicant. States Mr.
Beamish did not obtain an approval from HOA prior to the building of the
structure. Mr. Seppala is unsupportive of the proposed variance.
Jackie Ramsey Oro Valley Resident - not opposed to the proposed
variance. She stated there is no odor nor issue as far as she knew.
MOTION: A motion was made by Vice Chair Dankwerth and seconded by
Member Bohl to Approve the variance. Chair Adler proposed a Friendly
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amendment there should be a discussion with staff regarding the final
design of the roof which was accepted by Vice Chair Dankwerth.
MOTION carried, 4-1 with Member Roach opposed.
2. REQUEST FOR A VARIANCE FOR LOT 599 IN RANCHO FELIZ TO
REDUCE THE REQUIRED FRONT YARD SETBACK FROM 30' TO 26'
FOR A GARAGE ADDITION, LOCATED AT 9860 N. CALLE SOLANO,
OV1013-03.
Item 1 Staff Report
Item 1, Attachment 1
Item 1, Attachment 2
Item 1, Attachment 3
Patty Hayes, Zoning Plans Examiner, Staff Presentation
- Approvals to date
- Location Map
- Rancho Feliz lot 599
- Applicant's Proposal
- Public Input
- Summary
- Variance Criteria Five Findings
Barbara Stout, Oro Valley Resident and applicant, stated the design of the
proposed garage would allow for a work bench as well as allow her
husband to work on their vehicles inside of their garage.
MOTION: A motion was made by Member Schoeppach and seconded by
Member Roach deny the variance request, for lot 599 in Rancho Feliz,
OV1013-03.
MOTION carried, 3-2 with Vice Chair Dankwerth and Member Bohl
opposed.
4. REQUEST FOR A VARIANCE FOR LOT 84 IN RANCHO CATALINA TO
REDUCE THE REQUIRED REAR YARD SETBACK FROM 40' TO 33'
FOR A GARAGE ADDITION, LOCATED AT 325 E. FOUR HORSES,
OV1013-07.
Item 3, Staff Report
Item 3, Attachment 1
Item 3, Attachment 2
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Item 3, Attachment 3
Rosevelt Arellano, Planner, Staff Report
- Approvals to Date
- Request
- Satelite image
- Adjacent Properties
- Applicants Plot Plan
- Summary
- Variance Criteria Fie Findings
Mike & Terry Powelson, Applicants and Oro Valley Residents -
presented their application for variance.
Lamar Lovik, Oro Valley Resident, expressed he is opposed to
the proposed rear yard setback variance, due to the homeowner's business
being run from the property. And water run off from the roof.
James Capasso, Oro Valley Resident, is opposed to this variance due to
there having been a garage when the property owner purchased the
property stated due to the noise.
Gloria Wyckoff, Oro Valley resident, stated she is opposed to the variance.
She suggested the owner reduce the size of the garage. Mrs. Wyckoff is
concerned with the destruction of the natural desert landscape.
Rosevelt Arellano, Planner, presented an email which was received by staff
from Oro Valley Resident Robert Crawford, expressing his concerns with
the variance due to the water run off. Mr. Crawford opposes the variance.
MOTION: A motion was made by Member Bohl and seconded by Vice
Chair Dankwerth to Approve the variance request for lot 84 in Rancho
Catalina, OV1013-07,
MOTION carried, 5-0.
3. REQUEST FOR A VARIANCE FOR LOT 1 IN RANCHO VISTOSO
NEIGHBORHOOD 10 PARCEL S TO REDUCE THE REQUIRED REAR
YARD SETBACK FROM 10' TO 5' TO BUILD A NEW HOUSE, LOCATED
AT 1078 W. REDLANDS DRIVE, OV1013-04.
Item 2, Staff Report
Item 2, Attachment 1
Item 2, Attachment 2
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Item 2, Attachment 3
Patty Hayes, Zoning Plans Examiner, Staff Presentation
- Location Map
-RV NH20Par SLot 1
- Request Details
- Applicant's proposal
- Corner Lots
- Summary
- Variance Criteria Five Findings
Sean Rich, Representative of Richmond American, provided Richmond
American's reasoning behind requesting the variance.
MOTION: A motion was made by Member Roach and seconded by
Member Bohl to Approve the request for Variance at 1078 W. Redlands
Drive, OV1013-04,
MOTION carried, 5-0.
6. REQUEST FOR A VARIANCE FOR LOT 18 IN RIVERS EDGE II TO
REDUCE THE REQUIRED REAR YARD SETBACK FROM 10' TO 0' FOR
A PORCH ADDITION AND SPA, LOCATED AT 10709 N. HEWITT PLACE,
OV 1013-06.
Item 5, Staff Report
Item 5, Attachment 2
Item 5, Attachment 3
Patty Hayes, Zoning Plans Examiner, Staff Presentation
- Location Map
- Request Details
- Aplicant's proposal
- Rivers Edge II lot 18
- Public Input
- Summary
- Variance Criteria Five Findings
Eric Bramble, Oro Valley Resident and Applicant. The applicant stated the
builder set the house on the setback on nearly all sides. Mr. Bramble states
because of the way the house faces, the summer sun heats the rear of their
residence. In order to provide relief from the summer heat on the rear of
their home they are requesting the variance.
Judy McElroy, Oro Valley resident, and representative of the Homeowners
Association, stated she is in favor of the variance, as well as the
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Homeowners Association having approved of the request within the
Association.
MOTION: A motion was made by Vice Chair Dankwerth and seconded by
Member Bohl to Approve the request for variance for lot 18 in Rivers Edge
II, OV1013-06,
MOTION failed, 2-3 with Chair Adler, Member Schoeppach, and Member
Roach opposed.
PLANNING UPDATE (INFORMATIONAL ONLY)
Chad Daines, Principal Planner, Presented an update to the Board. Major
General Plan amendment window has closed. Three amendments were
filed. One for Olson Property on Moor Rd. and Miller Ranch and Rancho
Vistoso 11-J. Staff has been working on a General Plan Awareness Plan to
educate the community on the General Plan process. Staff is also working
on a Planning Work program.
FUTURE AGENDA ITEMS
Chad Daines, Principal Planner stated at the upcoming June Meeting there
is one application for a pool variance. There may also be one additional
application to be heard.
Chair Adler requested Staff include a discussion regarding an application
deadline. Chair Adler would also like to discuss requiring typed or
electronic applications.
ADJOURNMENT
MOTION: A motion was made by Member Schoeppach and seconded by
Member Roach to Adjourn the Board of Adjustment Meeting
MOTION carried, 5-0.
http://orovalley.granicus.com/MinutesViewer.php?view id=9&clip_id=1738 04/22/2014
-Board of Adjustment Staff Report - - - -
SOUND
CASE NUMBER:
MEETING DATE:
AGENDA ITEM:
STAFF CONTACT:
Applicant:
Request:
Location:
SUMMARY:
OV 1013-06
July 23, 2013
2
Patty Hayes, Senior Planning Technician
phayes b,orovalleyaz.-gov (520) 229-4819
Erick and Jennifer Bramble (520) 954-1371
Rear yard setback reduction from 10' to 0' for a covered patio
and from 5' to 0' for an above ground spa.
10709 North Hewitt Place
The property owners, Mr. and Mrs. Bramble, request a variance to reduce the rear yard
setback from 10' to 0' to build an attached covered patio cover and from 5' to 0' to install
an above ground spa. This variance request was denied by the Board of Adjustment on
May 28, 2013.
Subsequently, the applicant requested reconsideration of the case by the Board. On June
25, 2013 the Board voted to reconsider this case at the July 23, 2013 meeting.
BACKGROUND:
Existing Site Conditions
• The subject lot contains a single family detached home with side and rear site
walls built on the property line.
Proposed Improvements
• Build 12' x 24' lattice patio cover and install an above ground spa in the back yard.
Related Approvals
• Rivers Edge II final plat approved in 2005
• Existing home built in 2008
The existing zoning for the property and the surrounding area is Planned Area Development and
developed as a single-family detached subdivision.
OV 1013-06 Hewitt Place IIII IIIIII Page 2 of 4
Board of Adjustment Staff Report
ANALYSIS:
The subject lot is a 5,100 square foot lot in a 50 lot subdivision -of -single -family -detached
homes as shown in Attachment 2. The final plat defines the average lot size as 5,500.
Sizes of the lots in Rivers Edge II are as follows:
14 lots are 5000 square feet or less
9 lots are 5100 square feet
8 lots are 5200 to 5500 square feet
11 lots are 5600 to 5800 square feet
6 lots are 6000 to 6600 square feet
2 lots are 7300 to 8000 square feet
The existing home has 1,960 square feet of living space with 197 square feet of existing
covered patio space. The applicant proposes to add a lattice patio cover onto the
originally built recessed patio on the back of the house. The applicant also proposes to
place an above ground spa in the back yard under the proposed lattice covered patio.
The home was built with a 12' deep back yard which faces southwest as shown in
Attachment 3.
FINDINGS OF FACT:
• The required rear yard setback for the home is 10'.
• The required rear yard setback for an above ground spa is 5'.
• The house was built 5' from both side lot lines and 12' from the rear lot line.
• The rear lot line is 50' wide.
• The proposed patio cover is 24' wide will be 5' from the nearest side property line
which is in alignment with the house.
• The proposed above ground spa will be installed 0' away from the rear property
line and well away from the 3' required side yard setback.
• Attachment 1 shows the proposed location of both the patio cover. and spa.
DISCUSION:
State Law and the Oro Valley Zoning Code require the Board of Adjustment agrees that
all of the following variance findings have been met in order to grant a variance. The
required five findings are shown in italics below, followed by staff comment as to whether
the findings, in staffs view, have been met. Based on individual Board member analysis
and public testimony, the Board may reasonably have a different determination than staff
as to whether the findings have been met by the applicant or not.
1. That there are special circumstances or conditions applying to the property referred to
in the application including its size, shape, topography, location or surroundings which
do not apply to other properties in the district,
The applicant refers to the small size of the rear yard as limiting their available space
to build a shade structure in the rear yard.
OV 1013-06 Hewitt Place Page 3 of 4
Board of Adjustment Staff Report
Staff Comment
The house was built 12' away from-the-rearlot-line: The -required 10' rear yard
setback leaves 2' of available space to build an addition and the required 5' rear yard
setback for the spa would place the spa in the center of yard closer to the house.
Although there is very little space to build an addition, this condition is typical within a
single family subdivision and the application fails to identify special circumstances to
meet this finding. A rear setback area is intended to provide an open area on the lot.
Approval of the variance would permit building within most of the rear setback area
which is atypical within this and other subdivisions.
2. That special circumstances were not created by the owner or applicant,
The applicant states that the builder placed the home in a manner that does not
provide adequate rear yard space to accommodate the proposed patio cover and spa.
Staff Comment
The home was placed on the lot in compliance with the required setbacks. It is
common that homes are built to the setback lines. A recessed patio area was provided
with the initial home construction.
3. That the authorizing of the variance is necessary for the preservation and enjoyment
of substantial property rights,
The homeowners state they are unable to enjoy their back yard without the shade
structure.
Staff Comment
The home has an existing recessed patio cover; which is common within this
subdivision and therefore the applicant enjoys similar rights compared to other
properties in the area.
4. That any variance granted imposes such conditions as will assure that the authorizing
of the adjustment shall not constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and zone in which such property is
located,
The applicant refers to the fact that there are no adjacent neighbors behind their lot.
Staff Comment
Allowing the patio cover and spa at a 0' setback would in staffs view grant special
privileges to the applicant when compared to other properties in the subdivision.
5. That the authorizing of the variance will not be materially detrimental to persons
residing in the vicinity, to adjacent property, to the neighborhood or the public welfare
in general.
OV 1013-06 Hewitt Place Page 4 of 4
Board of Adjustment Staff Report_
The applicant states that the proposed shade structure is the size that will provide
their desired shade for the yard and spa.
Staff Comment
The proposed shade structure and spa will not be located any closer to the neighbors
on either side of the property than allowed by code. There are no lots adjacent to this
property along the rear property line and therefore the proposed rear yard setback
reduction will not negatively impact the property to the rear. Building to the rear
property line would be different than the lots on either side which adhere to the rear
setback.
PUBLIC PARTICIPATION
All property owners within 300 feet of the subject property were notified of this hearing
by mail. The property is posted with a notice of hearing, was posted online at
www.orovalleyaz.gov and was advertised in the Daily Territorial. To date, there have
been no objections to this case.
STAFF RECOMMENDATION
Based on non-conformance with the five variance findings, staff recommends denial of
this variance request.
SUGGESTED MOTIONS
move to deny OV1013-06, a Variance to reduce the rear yard setback from 10' to 0' for
the covered patio and from 5' to 0' for the above ground spa based on the finding that the
five criteria have not been met.
I move to approve OV1013-06, a Variance to reduce the rear yard setback from 10' to 0'
for the covered patio and from 5' to 0' for the above ground spa based on the finding that
the five criteria hav Cno been met.
ATTACHMENTS:
1. Applicant's Submittal
2. Location Map
3. Aerial Photo
Chad Daines, Principal Planner
0`4,,.,,�A/20
oP"'r,y,ti, Development and Infrastructure Services
Planning Division
11000 N La Canada Drive, Oro Valley, Arizona 85737.520-229-4800 •520-742-1022 (Fax)
"'OVNOED 19��
BOARD OF ADJUSTMENT APPLICATION
NOTICE TO APPLICANT— It Is the applicantlowner's responsibility to ensure all private rules and
regulations of the subdivision are adhered to. Contact your HOA or property management company to
determine all applicable requirements. Initials
FOR ,X Zoning Variance Note: Submittals are due by noon
—Zoning Interpretation
—Appeal of Administrative Decision CASE NO.: 0\1 1013 -0(o
NATURE OF REQUEST:
IO /?GWl o,4 4 /D-- '�•T "I c o
If necessary, please attach a written narrative.
APPLICANT: Foe,:e_k-- L le -
PHONE: Ci'
ADDRESS: 10 701 1+6w 1 � I ►<1-c—o
City 000 VAll StateM. Zipg" 7337 Email
OWNER: �eOck— -Tr-.v yr _ SO4W1,1L
ADDRESS: 1070
City NO (Nia StatcAZ_ Zip XT737
PROPERTY LOCATION FOR VARIANCE REQUEST: �F%t_ POUR. li
PARCEL #: -))q ^a$-d ?70 LEGAL DESCRIPTION:
CURRENT ZONING: APPLICABLEEE: Jam'
ATTACHMENTS:
SIGNATURE OF APPLICANT (ALSO PRINT NAME) DATE
Attachment l
SUPPLEMENTAL QUESTIONS FOR APPLICATION FOR A VARIANCE
Please provide the following information addressing 1 — 5 in the Findings from
Section 21.6 1 of the Oro Valley Zoning Code Revised (OVZCR). In order to
authorize a variance request, the Board will be searching for sufficient evidence in
accordance with the findings. Please answer the questions below in a narrative
format.
1. Are there special circumstances or conditions applying to the property referred
to in the application including its size, shape, topography, location or
surroundings which do not apply to other properties in the district?
T e 4,4 ,t/oT ,d 2or✓,cl�
2. Are there special circumstances that exist that are not self imposed or created
by the owner/applicant?
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3. Is the authorizing of the variance necessary for the preservation and
enjoyment of substantial property rights?
M,vv0'I`
4. If granted, will the variance impose such conditions as will assure that the
authorizing of the adjustment shall not constitute a grant of special privileges
inconsistent with the limitations upon other properties in the vicinity and zone
in which such property is located?
A-
5. If granted, will the variance be the minimum necessary to afford relief and will
not materially affect the health, safety, and welfare of the neighborhood or
surrounding properties.
/4/2F "V4 pOS 1
MEETING DATE: May 28, 2013
AGENDA ITEM: 2
STAFF CONTACT: Patty Hayes, Zoning Plans Examiner
phayes orovalleyaz.gov (520) 229-4819
Applicant: Erick and Jennifer Bramble (520) 954-1371
Request: Rear yard setback reduction from 10' to 0' for a covered patio
and from 5' to 0' for an above ground spa.
Location: 10709 North Hewitt Place
SUMMARY:
The property owners, Mr. and Mrs. Bramble, request a variance to reduce the rear yard
setback from 10' to 0' to build an attached covered patio cover and from 5' to 0' to install
an above ground spa.
BACKGROUND:
Existing Site Conditions
• The subject lot contains a single family detached home with side and rear site
walls built on the property line.
Proposed Improvements
• Build 12' x 24' lattice patio cover and install an above ground spa in the back yard.
Related Approvals
• Rivers Edge II final plat approved in 2005
• Existing home built in 2008
The existing zoning for the property and the surrounding area is Planned Area Development and
developed as a single-family detached subdivision.
ANALYSIS:
The subject lot is a 5,100 square foot lot in a 50 lot subdivision of single family detached
homes as shown in Attachment 2. The average lot size is 5,500 square foot in Rivers
OV 1013-06 Hewitt Place
Board of Adjustment Staff Report
Page 2 of 3
Edge II. The existing home has 1,960 square feet of living space with 197 square feet of
covered patio space. The applicant proposes to add a lattice patio cover onto the
originally built recessed patio on the back of the house. The applicant also proposes to
place an above ground spa in the back yard under the proposed lattice covered patio.
The home was built with a 12' deep back yard which faces southwest as shown in
Attachment 3.
FINDINGS OF FACT:
• The required rear yard setback for the home is 10'.
• The required rear yard setback for an above ground spa is 5'.
• The house was built 5' from both side lot lines and 12' from the rear lot line.
• The rear lot line is 50' wide.
• The proposed patio -cover is 24' wide will be 5' from the nearest side property line
which is in alignment with the house.
• The proposed above ground spa will be installed 0' away from the rear property
line and well away from the 3' required side yard setback.
• Attachment 1 shows the proposed location of both the patio cover and spa.
DISCUSION:
The Board of Adjustment should consider the following findings in making its decision for
each variance request:
1. That there are special circumstances or conditions applying to the property referred to
in the application including its size, shape, topography, location or surroundings which
do not apply to other properties in the district,
The applicant refers to the small size of the rear yard as limiting their available space
to build a shade structure in the rear yard. The house was built 12' away from the rear
lot line. The required 10' rear yard setback leaves 2' of available space to build an
addition and the required 5' rear yard setback for the spa would place the spa in the
center of yard closer to the house.
2. That special circumstances were not created by the owner or applicant,
The applicant states that the builder placed the home in a manner that does not
provide adequate rear yard space to accommodate the proposed patio cover and spa.
The home was placed on the lot in compliance with the required setbacks.
3. That the authorizing of the variance is necessary for the preservation and enjoyment
of substantial property rights,
The homeowners state they are unable to enjoy their back yard without the shade
structure. The backyard faces southwest, which has the most sun exposure.
4. That any variance granted imposes such conditions as will assure that the authorizing
of the adjustment shall not constitute a grant of special privileges inconsistent with the
OV 1013-06 Hewitt Place
Board of Adjustment Staff Report
limitations upon other properties in the vicinity and zone in which such property is
located;
Page 3 of 3
The applicant refers to the fact that there are no adjacent neighbors behind their lot.
This lot is located next to a common area which is designated as open space. The
proposed spa would be unseen by adjacent neighbors because of existing screen
walls. The proposed patio cover would be 5' away from and adjacent side property line
and 33' away from the other adjacent side property line.
5. That the authorizing of the variance will not be materially detrimental to persons
residing in the vicinity, to adjacent property, to the neighborhood or the public welfare
in general.
The applicant states that the proposed shade structure is the size that will provide
their desired shade for the yard and spa. .
PUBLIC PARTICIPATION
All property owners within 300 feet of the subject property were notified of this hearing
by mail. The property is posted with a notice of hearing, was posted online at
www.orovalleyaz.gov and was advertised in the Daily Territorial. To date, there have
been no objections to this case.
SUGGESTED MOTIONS:
move to approve OV1013-06, a Variance to reduce the rear yard setback from 10' for
the covered patio and from 5' to 0' for the above ground spa based on the finding that the
five criteria have been met.
move to deny OV1013-06, a Variance to reduce the rear yard setback from 10' for the
covered patio and from 5' to 0' for the above ground spa based on the finding that the five
criteria have not been met.
ATTACHMENTS:
1. Applicant's Submittal
2. Location Map
3. Aerial Photo
Chad Daines, Principal Planner
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Attachment 3
Rivers Edge II Lot 18 Bramble
OV1013-06
Board of Adjustment
May 28, 2013
Approvals To Date
Rivers Edge II
— Final plat approved in 2005
— Existing home built in 2008
Request Details
Applicant proposes to build
—An attached patio cover
—Above ground spa
Request
— Rear yard setback reduction
— From 10' to 0'
Applicant's proposal
wM !&5,q
_Ji�i f"Yl. en ,i4 Y� 1
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Rivers Edge II lot 18
2
Public Input
Properties within 300' notified by mail
Posted online
Sign on property
Daily Territorial
Summary
Rear yard setback reduction
from 10' to 0'
— Build an attached patio addition
—Above ground spa
Variance Criteria
Five Findings
Special circumstances or conditions apply specifically to the
subject property... size, shape, topography, location or
surroundings
Special circumstances not created by the owner or applicant
Approval is necessary for the preservation and enjoyment of
substantial propertyrights
Approval shall not constitute a grant of special privileges
inconsistent with the limitations upon other properties In the
vicinity and same zoning district
Approval shall not be materially detrimental to those living in
the surrounding area or public welfare
3
Bramble - Rivers Edge II Lot 18
Board of Adjustment
July 23, 2013
Location
Map
Request Details
Applicant proposes to build
—An attached patio cover
—Above ground spa
Request
— Rear yard setback reduction
—10' to 0' for patio cover
— 5' to 0' for an above ground spa
Applicant's proposal
Rivers Edge II lot 18
Site Photo
View from common area
3
Public Notice
Properties within 300' notified by mail
Posted on Town's website
Sign on property
Daily Territorial
1 neighbor in opposition
Variance Criteria
Five Findings
Special circumstances or conditions apply specifically to the
subject property... size, shape, topography, location or
surroundings
Special circumstances not created by the owner or applicant
Approvalls necessary for the preservation and enjoyment of
substantial property rights
Approval shall not constitute a grant of special privileges
inconsistent with the limitations upon other properties in the
vicinity and same zoning district
Approval shall not be materially detrimental to those living in
the surrounding area or public welfare
Summary
Reduce rear yard setbacks
— From 10' to 0' for covered patio
— From 5' to 0' for above ground spa
Recommendation
Variance Criteria
Five Findings
Special circumstances or conditions apply specifically to the
subject property... size, shape, topography, location or
surroundings
Special circumstances not created by the owner or applicant
Approval s necessary for the preservation and enjoyment of
substantial property righ is
Approval shall not constitute a grant of speclal privileges
inconsistent with the limitations upon other propertles In the
vicinity and same zoning district
Approval shall not be materially detrimental to those living in
the surrounding area or public welfare
5
V V I V I %J'VV) r 01 togUI LL`t'LV'LV IV, IVVLIUU /'%1CC1. JVV
NOTICE OF PUBLIC HEARING
Oro Valley Board of Adjustment
The Board of Adjustment will hold a public hearing on
Tuesday, May 28, 2013, 3:00 p.m.
Oro Valley Town Hall,11000 N. La Canada Dr.
Oro Valley, Arizona
Request for a Variance for lot 18 in Rivers Edge II to reduce the required rear yard
setback from 10' to 0' for a porch addition and spa, located at 10709 N. Hewitt Place,
OV1013-06.
The hearing will be in the Town Council Chambers. The public is encouraged to attend and will
be invited to speak. Site plans are available for review during normal business hours at the Oro
Valley Town Hall, Development and Infrastructure Services Department. An agenda for this
meeting will be made available at least 24 hours prior to meeting time and can be viewed at
www.orovalleyaz.gov. For questions and additional information, please contact Patty Hayes, -
Zoning Plans Examiner, at (520) 229-4819 or phayes@orovalleyaz.gov.
DATE:
TIME:
BY:
SApermp1us\docs\0V1013-06\B of A Notice 5-28-13.doc
STATE OF ARIZONA )
COUNTY OF PIMA )
AFFIDAVIT OF PUBLICATION
ss.
Roxanne Murray, being first duly sworn, deposes and says that (s)he is the Lead Public
Notice Clerk of THE DAILY TERRITORIAL, a daily newspaper printed and published in the
County of Pima, State of Arizona, and of general circulation in the City of Tucson, County of
Pima, State of Arizona and elsewhere, and the hereto attached:
NOTICE OF HEARING
TOWN OF ORO VALLEY
Bramble Residence
Case Number OV1 01 3-06/July 23, 2013
was printed and published correctly in the regular and entire issue of said THE DAILY
TERRITORIAL for 1 issue(s); that was first made on the 5th day of July, 2013, and the last
publication thereof was made on the 51h day of July, 2013; that said publication was made on
each of the following dates, to -wit:
7/5/13
At the Request of: Town of Oro Valley
by �. ,Lead Public Notice Clerk, subscribed and
sworn before me this 23rd da of July, 2013.
Notary Public in and for the County of Pima, State of Arizona
OFFICIAL SEAL
ROBIN L. TAHERI
NOTAWPUBLIC • STATE OFAFEM My commission expires: _04/14/2017
PIMA COUNTY
My Came. Expfires April 14, 2017
www.azbiz.com •
MAY 1, 2013 25
NOTICE OF PUBUC HEARING
Oro Valley Board of Adjustment
The Board of Adjustment win hold. public bearing on
Tuesday, July 23, 2013, 3:00Is—
Ono Valley Town Hall, 11000 N. La Canada Or.
Oro Valley, Arizona
Request for n Varlerrc. test the Bramble —Id— st 10709 North Hewkt Place to
reduce the required Ter yard setback from 1010 0'fa a porch addhbn and sM,
come number OV10134)&
Request Ia a V.rlrc. by Mating. Hanes at 10360 North Artkan Canyon Lane to
Allow grading Into 4,100 pure feet of Protected hillside area for cm*UWI n at a
hous., case number OV101110.
Request M a Vrt— for the Ting property at 10615 North Pistachio Aw. to
Increase the building height hoe ia'to 2/'fa a portion of the house, au number
OV101111.
The hearing win be In the Town Council Chambers. The pubbc is encouraged to attend and win be
korged to speak She plans am nibble for review during normal business hours at the Oro Valley
Town Han, Development and Infrastructure Services Department An agenda for this meeting win
be We available at bast 24 boors prim to meeting time and an be viewed at www movalima
2M For questions and additional information, p e se contact Patty Hayes, Senior Planning
Technician, at (520) 22?4819 or phayes®ormlleya gov.
DATE: D7ASr1013
TIME 8:00 AM
BY. ref
PUBLISH: The Oaily Terrllurbl
July S. 2013
NOTICE OF PUBLIC HEARING
Oro Valley Board of Adjustment
The Board of Adjustment will hold a public hearing on
Tuesday, July 23, 2013, 3:00 p.m.
Oro Valley Town Hall, 11000 N. La Canada Dr.
Oro Valley, Arizona
Request for a Variance for the Bramble residence at 10709 North Hewitt Place to reduce
the required rear yard setback from 10' to 0' for a porch addition and spa, case number
OV1013-06.
Request for a Variance by Meritage Homes at 10360 North Artifact Canyon Lane to
allow grading into 4,100 square feet of protected hillside area for construction of a
house, case number OV1013-10.
Request for a Variance for the Ying property at 10645 North Pistachio Ave. to increase
the building height from 18' to 21' for a portion of the house, case number OV1013-
11.
The hearing will be in the Town Council Chambers. The public is encouraged to attend and will
be invited to speak. Site plans are available for review during normal business hours at the Oro
Valley Town Hall, Development and Infrastructure Services Department. An agenda for this
meeting will be made available at least 24 hours prior to meeting time and can be viewed at
www.orovalleyaz.gov. For questions and additional information, please contact Patty Hayes,
Senior Planning Technician, at (520) 229-4819 or phayes@orovalleyaz.gov.
DATE: 07/05/2013
TIME: 8:00 AM
BY: rmf
FA1 DIS DEPT SUPPORT\INDIVIDUAL\ROSEANNE F\CDRB\Multiple Postings\B of A Notice 7-23-13.doc
NOTICE OF PUBLIC HEARING
Oro Valley Board of Adjustment
The Board of Adjustment will hold a public hearing on
Tuesday, May 28, 2013, 3:00 p.m.
Oro Valley Town Hall, 11000 N. La Canada Dr.
Oro Valley, Arizona
Request for a Variance for lot 599 in Rancho Feliz to reduce the required front
yard setback from 30' to 26' for a garage addition, located at 9860 N. Calle Solano,
OV1013-03.
Request for a Variance for lot 1 in Rancho Vistoso Neighborhood 10 Parcel S to
reduce the required rear yard setback from 10' to 5' to build a new house, located
at 1078 W. Redlands Drive, OV1013-04.
Request for a Variance for lot 59 in the Verde Catalina Townhouses to reduce the
required rear yard setback from 10' to 0' and reduce the minimum distance
between buildings from 10' to 0' for a covered porch addition, located at 8335 N.
Verde Catalina Drive, OV1013-05.
Request for a Variance for lot 18 in Rivers Edge II to reduce the required rear yard
setback from 10' to 0' for a porch addition and spa, located at 10709 N. Hewitt
Place, OV1013-06.
Request for a Variance for lot 84 in Rancho Catalina to reduce the required rear
yard setback from 40' to 33' for a garage addition, located at 325 E. Four Horses,
OV1013-07.
The hearing will be in the Town Council Chambers. The public is encouraged to attend and
will be invited to speak. Site plans are available for review during normal business hours at the
Oro Valley Town Hall, Development and Infrastructure Services Department. An agenda for
this meeting will be made available at least 24 hours prior to meeting time and can be viewed
at www.orovalleyaz.gov. For questions and additional information, please contact Patty
Hayes, Zoning Plans Examiner, at (520) 229-4819 or phayes@orovalleyaz.gov.
POSTED: 05/13/2013
TIME: 8:15 AM
BY: rmf
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STATE OF ARIZONA )
COUNTY OF PIMA )
AFFIDAVIT OF PUBLICATION
ss.
Florence Hijazi, being first duly sworn, deposes and says that (s)he is the Publication
Advisor of THE DAILY TERRITORIAL, a daily newspaper printed and published in the County
of Pima, State of Arizona, and of general circulation in the City of Tucson, County of Pima,
State of Arizona and elsewhere, and the hereto attached:
NOTICE OF HEARING -TOWN OF ORO VALLEY
Rancho Feliz front yard setback
OV1013-04/OV1013-05/
OV1 01 3-06/OV1 01 3-07/May 28, 2013
was printed and published correctly in the regular and entire issue of said THE DAILY
TERRITORIAL for 1 issue(s); that was first made on the 10`h day of May, 2013, and the last
publication thereof was made on the 101h day of May, 2013; that said publication was made on
each of the following dates, to -wit:
5/10/13
At the Request of: Town of Oro Valley
by , Publication Advisor, subscribed and sworn to
before me this 20th day ofDAayl 2013.
Notary Publid in and for the County of Pima, State of Arizona
- OFFICIAL SEAL
ROBINLTAHERI My ommon expires: ires: _04/14/2017
PPIMA STATE OF
O
Corms. Expkes A ' 14, 2017
0
10 MAY 1, 2013
www.azbiz.com
NOTICE OF PUBLIC HEARING
Oro Valley Board of Adjustment
The Board of Adjustment will hold a public hearing on
Tuesday, May 28, 2013. 3-00 p.m.
Oro Valley Town Hall, 11000 N. La Wads Dr.
Oro Valley, Arizona
Request for a Variance for lot 5991n Rancho Feltz to reduce the required front
yard setback from 30'to 25'fear is garage adds ion, located at 9950 N. Ca Ile Botanic,
OV1013-03.
Request for a Variance for lot 1 in Rancho Vistoso Nalghborhood 10 Parcel S to
reduce the required rear yard setback from 10' to 5'to build a new house, located
•11078 W. Redlands Drive, 0V1013-04.
Request for a Variance for lof 59 in the Verde Catalina Townhouses to reduce
the required rear yard setback from to- to 0' and reduce the minMerm dlstanca
between buildings from 10'to O'for a covered porch addition, located at 9335 N.
Verde Catalina Drive, 0V1013.05.
Request for a Variance for lot 18 In Rivera Edge II to reduce the required rear yard
setback from 10, to What a porch addition and spa, located at 10709 N. Hewitt
Place, OV1013-06.
Request for a Variance for lot 80 in Rancho Catalina to reduce the required rear
yard setback from 40'to 33' for a garage addition, located at 325 E. Four Horses,
OV1013-07.
The hearing will be in The Tom Council Chambers. The public is encouraged to mend and will be
invited to speak. She plans are available lot review during normal business hours at the Oro Valley
Town Hag, Development and Infrastructure Services Department An agenda fa this meeling will
be made available al least 24 hours prior tp meeting Time and can be viewed at www.or Mleyaz.
I.
. For questions and additional information, please contact Patty Hayes. Zoning Pions Exam-
iner, at 15201 229-4819 or phayes'aorovalleyaz.gov.
PUBLISH: The Daiy Territorial
May 10. 2013
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