HomeMy WebLinkAboutOV101308a JTU-EV 49
Board of Adjustment Staff Report
CASE NUMBER: OV1013-08
MEETING DATE: June 25, 2013
AGENDA ITEM: 3
STAFF CONTACT: Patty Hayes, Zoning Plans Examiner
phayes(&-orovalleyaz.gov (520) 229-4819
Applicant: Realm Environments, Rudy Poe 791-9131
Request: Front yard setback reduction from 20' to 10' for a swimming
pool.
Location: 1044 West Lone Mesquite Drive
SUMMARY:
The property owners, Mr. and Mrs. Weiss, request a variance to reduce the front yard
setback from 20' to 10' to build an inground swimming pool.
BACKGROUND:
Existing Site Conditions
• The subject lot contains a single family detached home with existing yard walls
built along both the front and side property lines as shown in Attachment 3.
Proposed Improvements
O Install an inground swimming pool in the front yard.
Related Approvals
Rancho Vistoso Neighborhood 11 Parcel AG final plat approved in 2004. The
location of this neighborhood can be found in Attachment 2.
• Existing home built in 2006
The existing zoning for the property and the surrounding area is Planned Area Development
(PAD) and developed as a single-family detached home subdivision. The PAD zoned property
abutting the rear of the subject lot is the Vistoso Golf Course.
OV1013-08 Weiss
Board of Adjustment Staff Report
ANALYSIS:
Page 2 of 4
The subject property is In a 32 lot single family detached home subdivision with an
average lot size of 7,654 square feet. The subject lot is 7,623 square feet in size. The
existing home includes approximately 3,585 square feet of living space, garage and porch
and is built 5' from the side lot line and 10' from the rear lot line. The applicant proposes
to build an inground swimming pool in the front yard of the property where the largest
amount of yard space is provided.
FINDINGS OF FACT:
a The Zoning Code allows pools in the front, side and rear yards as long as the
setbacks are met.
• The required setback for swimming pools for the subject lot are 20' front, 5' side
and 5' rear.
29 of the 32 lots in the subdivision have traditional front yard layouts as shown in
Attachment 4.
• 3 lots, including the subject lot, in the subdivision have private front yards due to
their locations at the end of the streets and can be seen in Attachment 4.
• 13 pools, spas or spools have been permitted in this subdivision all located in the
side and rear yards.
a The subdivision's perimeter wail provides a private front yard for the subject lot as
shown in Attachment 3.
a The proposed pool is T from the side lot line and 10' from the front lot line.
Attachment 1 shows the location and design of the proposed pool.
DISCUSION:
The Board of Adjustment shall 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 unique location of the house in the subdivision as allowing
adequate space for a front yard swimming pool. They also discuss how the back yard
lacks the desired space for a pool.
Staff Comment:
The subject lot is located at the end of the street which provides a front yard that is
surrounded on two sides by a 4' to 6' site wall which creates more of a private front
yard than many other lots in the subdivision. Most lots in the subdivision have
traditional front yards with exposed street frontage. The subject lot along with two
other lots in the subdivision have these unique private front yards.
OV1013-08 Weiss
Board of Adjustment Staff Report
2. That special circumstances were not created by the owner or applicant;
The applicant refers to the small rear yard as not providing space for a pool.
Staff Comment:
Page 3 of 4
The existing house including the rear porch was built 10' from the rear lot line and 5'
from the side lot line. A pool in the back yard would need to comply with the 5' side
and 10' rear yard setbacks. In addition, the Town's Pool and Spa Code would not
allow a pool to be located directly against the foundation of the house and may require
at least a 3' distance from the house. The 5' rear yard setback and 3' pool code
distance required between the foundation and pool would leave approximately 2' of
space for a pool.
3. That the authorizing of the variance is necessary for the preservation and enjoyment
of substantial property rights;
The applicant states the property owners would like to enjoy a pool on their property
and that a front yard pool without the 10' setback reduction would not fit their needs.
Staff Comment:
Pools are a typical accessory use for single family residential neighborhood. The
required setbacks and small rear yard area create practical difficulties siting a pool on
this unique lot.
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 front yard as the most feasible location for the pool due to
the property's unique location in the subdivision.
Staff Comment:
As previously stated the Zoning Code allows pools in the front yard but most
properties do not provide the privacy usually desired for a pool. This property with its
end of the street location and walled in front yard create a unique opportunity for a
front yard pool.
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 they will provide the necessary pool enclosure requirements
to ensure the safety of the residents.
OV1013-08 Weiss
Board of Adjustment Staff Report
Staff Comment:
Page 4 of 4
The walled front yard is unique and should preclude visibility of the pool area. The
pool should not have a negative impact on the adjoining properties.
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.aov and was advertised in the Daily Territorial. To date, there have
been no objections to this case.
STAFF RECOMMENDATION
Based on conformance with the five variance findings, staff recommends approval of this
variance request. The location of this specific lot provides a certain level of privacy for a
front yard pool because the front yard abuts the end of a neighborhood street, a common
area and is mostly surrounded by an existing site wall.
SUGGESTED MOTIONS:
I move to approve OV1013-08, a Variance to reduce the front yard setback from 20' to 10'
for an inground swimming pool based on the finding that the five criteria have been met.
•.
I move to deny OV1013-08, a Variance to reduce the front yard setback from 20' to 10' for
an inground swimming pool based on the finding that the five criteria have not been met,
specifically
ATTACHMENTS:
1. Applicant's Submittal
2. Location Map
3. Aerial Photo of House
4. Subdivision Photo
Chad Daines, Principal Planner
O J�� ARC
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Development and Infrastructure Services
ac
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Planning Division
11000.N La Canada Drive, Ora Valley, Arizona 85737 - 520-224-4800 •520-742-1022 (Fax)
D�NDE'0-,
BOARD OF ADJUSTMENT APPLICATION
NOTICE TO APPLICANT— It is the appllcan1lownees responsibility to ensure all private rules and
regulations of the subdivision are adhered to. Contagt }(our HOA or property management company to
determine all applicable requirements. Initials
FOR ✓ Zoning Variance Note: Submittals are due by noon
Zoning interpretation
Appeal of Administrative Decision CASE NO.:
NATURE OF REQUEST:A ;
If necessary, please attach a written narrative.
APPLICANT:
PHONE: �7`tl co 77>1 FAX: -VA I -1 �
ADDRESS:_
City �l.�i �� State Zip�Emall s L � `
OWNER: �u 0, LiJ �t�S
ADDRESS: WL44 N Lor i- )'LJ1eA�.aoili&
City I Ulm _l State—rAZ-Zlp e `
PROPERTY.LOCATION FOR VARIANCE REQUEST:
PARCELM Zt —in —'*0: LEGAL DESCRIPTION:
CURRENT ZONING: I`. APPLICABLEEE: Z�
ATTACHMENTS: �6 rrp, LA&j-
SIGNYMJ51E OF APPLICANT (ALSO PRINT NAME) DA E
�,� , N,. �2117
SUPPLEMENTAL QUESTIONS FOR APPLICATIU11 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?
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2. Are there special circumsfances 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 ofsubstantial property rights?
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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�thel variance be the minimum necessary to of ord (�efef anc�wi E YL
not materially affect the health, safety, and welfare of the neighborhood or
surrounding .properties.
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ORO VALLEY WATER UTILITY
INTEROFFICE MEMORANDUM
TO: CHARLENE BAKER
FROM: MARK MOORE, NEW DEVELOPMENT COORDINATOR
SUBJECT: POOL VARIANCE WEISS RESIDENCE OV1013-08
DATE: 05/28/2013
CC: DAVID RUIZ, ENGINEERING DEPARTMENT ADMINISTRATOR
The following are conditions of the BOA application by the Oro Valley Water Utility and
must be included as part of the submittal.
The proposed bench must be moved out of the 10 foot Public Utility Easement
(PUE). The PUE runs parallel to Lone Mesquite and is on the property per the
Plat. An 8 inch water main is within this PUE and access to this main cannot be
denied and must be acknowledged by the homeowner in writing. The homeowner
must also acknowledge (in the same letter) that if an emergency occurs and access
to the water main is necessary, the proposed fence will be taken down by the
utility. The Utility will make every effort to notify the homeowner prior to
commencing the water main repair. If the homeowner is not available, emergency
work will proceed. The replacement of said fence shall be the homeowner's
responsibility.
Prior to excavation for the pool the water main must be potholed and the pool
must be staked to verify the separation from the excavation to the water main. The
minimum separation from the excavation and water main is 5 feet. Also, if any
"hard rock" methods are used to excavate for the pool a plan to protect the water
main must be approved by the Water Utility.
oJP�EEY ARio
oP 9 Development and Infrastructure Services
Planning Division
11000 N La Canada Drive, Oro Valley, Arizona 85737 • 520-229-4800 • 520-742-1022 (Fax)
FOUNDED
BOARD OF ADJUSTMENT APPLICATION MAY 22 2013
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.:
Homeowner seeking to build pool in front yard. Desired pool design and size
require a variance of the front yard setback from twenty (20) feet to ten (10) feet.
Backyard does not have enough space to fit a pool of any reasonable size.
Lot is located at the dead end of street, visually tucked away. Please see aerial.
If necessary, please attach a written narrative.
APPLICANT: R E A L M
PHONE: 520- 329-8680 FAX: 520-791-9135
ADDRESS: 219 South Olsen Avenue
City Tucson
State AZ Zip 85719 Email jgwcoastal@aol.com
OWNER: Joseph & Judy Weiss
ADDRESS: 1044 N Lone Mesquite
City Tucson
State AZ Zip 85755
PROPERTY LOCATION FOR VARIANCE REQUEST: LOT # 22 NH-#11 Rancho Vistoso
PARCEL #: 219194870 LEGAL DESCRIPTION:
CURRENT ZONING: PAD APPLICABLEEE: REALM
ATTACHMENTS: DWG of Location of variance/ and the proposed variance
SIGNATURE OF APPLICANT (ALSO PRINT NAME) DATE
REALM on Behalf of Joesph & 5-19-13
Judy Weiss, Owners.
4
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?
Lot is located at dead end of street. Its unique location will help conceal the
proposed pool. Most of the front yard is already has an existing perimeter wall.
2. Are there special circumstances that exist that are not self imposed or created
by the owner/applicant?
No. The variance will not impose any such circumstances
3. Is the authorizing of the variance necessary for the preservation and
enjoyment of substantial property rights?
Yes. HOA allows for front yard pools however they must fit within setbacks
without approval no usable size pool can be installed on site especially since
backyard is too small for a pool.
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?
No. The variance will not impose any such conditions
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.
Yes if granted this variance will not affect the safety, health and welfare of
the neighborhood.
ADDITIONAL INFORMATION:
15 copies of the submitted application and narrative
15 copies of 11x17 dimensioned plot plan, if applicable
15 copies of 11x17 dimensioned floor plan, if applicable
15 copies of 11x17 building elevations, if applicable
Highlight the area of the building or land which requires the variance.
Any additional comments/information you wish to provide regarding your
request.
BOARD OF ADJUSTMENT APPLICATION FEES:
For applications or appeals involving construction of any nature, which require legal
advertising and posting of property affected, the fees are, as follows:
Variance or Appeal of Decision (1 item; 1 lot) Corporate $600.00
Variance of Appeal of Decision (1 item; 1 lot) Individual $150.00
Fees for each additional, simultaneous variance or appeal $100.00
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Property line
Proposed area
Variance
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Aerial Photo Close Up
Weiss Lot 22 (OV1013-08)
Attachment 3
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Subdivision Photo
Weiss Lot 22 (OV1013-08)
Attachment 4
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The following are conditions of the BOA application by the Oro Valley Water Utility and
must be included as part of the submittal.
The proposed bench must be moved out of the 10 foot Public Utility Easement (PUE).
The PUE runs parallel to Lone Mesquite and is on the property per the Plat. An 8 inch
water main is within this PUE and access to this main cannot be denied and must be
acknowledged by the homeowner in writing. The homeowner must also acknowledge (in
the same letter) that if an emergency occurs and access to the water main is necessary, the
proposed fence will be taken down by the utility. The Utility will make every effort to
notify the homeowner prior to commencing the water main repair. If the homeowner is
not available, emergency work will proceed. The replacement of said fence shall be the
homeowner's responsibility.
Prior to excavation for the pool the water main must be potholed and the pool must be
staked to verify the separation from the excavation to the water main. The minimum
separation from the excavation and water main is 5 feet. Also, if any "hard rock" methods
are used to excavate for the pool a plan to protect the water main must be approved by the
Water Utility.
0
Page 1 of 2
Hayes, Patty
From: Hayes, Patty
Sent: Wednesday, June 05, 2013 3:59 PM
To: 'Rudy Poe'
Subject: RE: 1044 Lone Mesquite Variance Application
Rudy,
Thank you for the additional information. There are two problems with adding the side yard setback reduction at
this late date. First your submitted site plans do not show the side yard setback reduction but that is easily
changed if you want to do that. Second and most importantly the public notice has already gone out for a front
yard setback reduction only. I can't add the side yard at this point in order to make the June meeting. Do you
want to post pone the meeting until July so that we can re -notice or do you want to continue for the front yard
setback only?
Thank you,
Patty Hayes
Zoning Plans Examiner
Town of Oro Valley
(520) 229-4819 or phayes@orovalleyaz.gov
From: Rudy Poe[mailto:rudy@realmenvironments.com]
Sent: Wednesday, June 05, 2013 3:45 PM
To: Hayes, Patty
Subject: 1044 tone Mesquite Variance Application
Hi Patty,
Please find attached the variance application for the Weiss Residence. Please note that I added the
request to change the side setback from 5' to 3'. I am making the changes right now and will print up a
new set of documents. I should have that over to you tomorrow.
Thanks!
Rudy Poe
Client Account Manager
p. 520 904 9638 1 f. 520 791 9135
rudy(Wreal menvironments.com
REALM
outdoor living. sustainable solutions.
219 S. Olsen Avenue
Tucson, AZ 85719
www.realmenvironments.com
CONFIDENTIALITY NOTICE
06/05/2013
72
Rudy,
Thank you for the recent emails. We are in the process of creating the Board members packets
and agenda. We will forward all information to you when it's ready. Many departments reviewed
the application and I wanted to forward copies of the Water Department's comments. Their
comments do not change the variance information but may affect your pool permitting later on.
Thought you might want to know ahead of time.
The following are conditions of the BOA application by the Oro Valley Water Utility and
must be included as part of the submittal.
The proposed bench must be moved out of the 10 foot Public Utility Easement (PUE).
The PUE runs parallel to Lone Mesquite and is on the property per the Plat. An 8 inch
water main is within this PUE and access to this main cannot be denied and must be
acknowledged by the homeowner in writing. The homeowner must also acknowledge (in
the same letter) that if an emergency occurs and access to the water main is necessary, the
proposed fence will be taken down by the utility. The Utility will make every effort to
notify the homeowner prior to commencing the water main repair. If the homeowner is
not available, emergency work will proceed. The replacement of said fence shall be the
homeowner's responsibility.
Prior to excavation for the pool the water main must be potholed and the pool must be
staked to verify the separation from the excavation to the water main. The minimum
separation from the excavation and water main is 5 feet. Also, if any "hard rock" methods
are used to excavate for the pool a plan to protect the water main must be approved by the
Water Utility.
Thank you,
Patty Hayes
Zoning Plans Examiner
Town of Oro Valley
(520) 229-4819 or phayes@orovalleyaz.gov
From: Rudy Poe[mailto:rudy@realmenvironments.com]
Sent: Tuesday, June 11, 2013 11:57 AM
To: Hayes, Patty
Subject: Weiss Residence 1044 Lone Mesquite Variance Application
Hi Patty,
Here is the rescanned variance application. Thanks!
Rudy
---------- Forwarded message ----------
From: Edgardo Galindo <edgardoArealmenvironments.com>
AFFIDAVIT OF PUBLICATION
STATE OF ARIZONA )
ss.
COUNTY OF PIMA )
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
West Lone Mesquite Drive
June 25, 2013
Case Number OV1013-08
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 71h day of June, 2013, and the last
publication thereof was made on the 71h day of June, 2013; that said publication was made on
each of the following dates, to -wit:
6/7/ 13
At the Request of Town of Oro Valley
by , Publication Advisor, subscribed and sworn to
before me this l9hf day of Jun 0 3.
+""r OFFIGI TA ERI
< RpBIN L
ROTARY PUBLIC - STATE OF ARROFIA
PIMA COUMA14, 2017
Conte- E res A ri1
Notary Public in and for the County of Pima, State of Arizona
My commission expires: _04/14/2017.
NOTICE OF PUBLIC HEARING
Oro Valley Board of Adjustment
The Board of Adjustment will hold a public hearing on
Tuesday, June 25, 2013, 3:00 p.m.
Oro Valley Town Hall, 11000 N. La Canada Dr.
Oro Valley, Arizona
Request for a Variance for the Weiss residence at 1044 West Lone Mesquite Drive for a
front yard setback reduction from 20' to 10' for a swimming pool, case number
OV1013-08.
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: 06/07/2013
TIME: 10:00 AM
BY: rmf
SAPERMPLUS00MOV1013-08Wotice�3 of A Notice 6-25-13.doc