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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 �a `P Development and Infrastructure Services ac ��? �•:. ► 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? aGi .L4AfL 0 Wly" e- iL1i �-,�Zc1 , ��7i'_ �oc�. f f�o.:•�r `. A r?- Q -14 ki �zf/NbL "10 t_ IT er9M Af t -c-; t r,_ q Pc A__1 1- �o 01-7 relt, v�-AZ �_ A� .� A i� �� Q b ��irZe: T w\cc� T Of- �rrLG�{�►T Ih. AI.�-'trA �4� W&Lt jo ii'? MA1e_I1'J7=r •T-fLC1r'rJ- ,(A(--n 'To' .tiAU �,,toJ� o.F ti r'Ie 2. Are there special circumsfances that exist that are not self imposed or created by the owner/applicant? f?AC,V_gArLQ V-2 SIT fo()L_, )Q%o >> Lob-A-T WQ or- LOT AT Vr: AO. Not hAA V— -aEn r�i Lo ' vv� N/1d ILA r GI8,a_,i 4;5L 5_ Mroar tit= -TtIV1`N 1 AILp AL4?_,A b" hR� Pe_ iL, ,v\ �T � �� A +-t.. 3. Is the authorizing - of the variance necessary for the preservation and enjoyment ofsubstantial property rights? il!'L n w to is ttiH i. )0LA4 I K A FOOL.- AT 'tW ui r_ tZ`l r 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? Ne A= c.vl� 01 e�J_ E r 0 !•I M A i L, 4 i A2�z D,t.i�C►�r 1L�1� EcnPT_�2`Pr x, nnnL�, fi-,_P�cyirs-,L , 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. AVC 1tU f C-'Kr ':E 641X ' E2A 2 VL- Ia_r TL' 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 P,Wwy 1h. Pm —.d m.a vm—. FRONT SET BACK Metrosideros ��1, —ham isX( 2 2 ZGI Property line Proposed area Variance FRONT SET BACK , ■ °� as Al E e ��. IN�� i �r * = Location of proposed pool &P ,k `E Y 4'11-% "OONDED 19�A Aerial Photo Close Up Weiss Lot 22 (OV1013-08) Attachment 3 .,� <k. n. y • yqs� AN As 1`. lik ASM J' o- 4fC'`��:',,y7,,, t>i'� .=v►" r tivF. !+ �v s. i' � mot• At Y. ;�,+ .,.�y �a `•' � Er+ i t••r f _ - r, , � " � •.,fit 5 . ;,, 'T' �' �c,,,,.�-� �; �. air - � '� 1 � � _ 1 � � . � • �' . � " y 40 + ti • A :, �. -4> •i a � �' J y.. a �C`°"L"`. - � _P -i, yif .. T �. • i. ,ter : !/ . • .. } _._ _ .ir S` 7 - •Y:l « '• ' J i =Subject Property OPO JP�IEV A�/2Oy9 1 FO�/NDED Subdivision Photo Weiss Lot 22 (OV1013-08) Attachment 4 S �p 6 REALMI 219 %tl AVerue f-AZ 95719 t.520.79t.9131 G 520.791B135 �a�se4w m+rq �yaA- D�pvo� qo�r 8 X zi �N W AE ,s 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