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HomeMy WebLinkAboutOV101313Oracle/Hardy Carwash Zoning Variance OV1013-13 Engineering Comments, 1st Submittal David Laws, P.E. September 16, 2013 The Town of Oro Valley Permitting Division has no Engineering comments regarding the proposed zoning variance. The requested variance for the car wash to be within 250' of a residentially zoned property will not materially affect the health, safety, and welfare of the surrounding properties if granted. If you have any questions, please call David Laws at (520)229-4808. Eng-var-01-20130916 AUG IS 0 2013 J EY q9�2 °�° °ti9 Development and Infrastructure Services Planning Division 11000 N La Canada Drive, Oro Valley, Arizona 85737 • 520-229 4800 • 520-742-1022 (Fax) FDVNDEDA ;It, 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. Contactyour HOA or property management company to determine all applicable requirements. Initials FOR Zoning Variance Note: Submittals are due by noon Zoning Interpretation J Appeal of Administrative Decision CASE NO.: C>V/ /3 -" 0 30 NATURE OF REQUEST- `t' 4..9Ly,,1 /; kg jLc 44 C_ '4 2 0 L1 � ' 1 r'' i.'. !%L�✓ c.��i j t)L� (.�L �if..' /Nlt 7 �w J'' G.�. L r � c.{..� Y1 /—a �."...! a T r'W 1� �� i j t1 � aC� �+� � 1 ' �� I•� iil 9 O Y r /LA..�I � /1a � �='� A � � 4 ti- , .i% �,i /'Ai.!%l7%[�. [fnjeii (.{/�lbecdC ., ,,qq j rV1 GL Ls F_. i-i APPLICANT: L%� G:= ici4� G��n�� (.• E�n�/�l�,�d ow,,� IPA) y-- , , PHONE: S 1 0 - 3 Z � � 7 � � FAX: S �_, �p u t 2_ % ADDRESS: s / l'� c~ c< c G' ?c; City "'c• - 0;�� Stat Zip��l/� EmaiN��ir�-4���'G��nc�c'� c.�. i 1 L 0161 ADDRESS: CiState ' � Zip r PROPERTY LOCATION FOR VARIANCE REQUEST: F 7& 0 /U �✓ zGa r 2 ©c� PARCEL M 2-2- S % y r >'( -6 P LEGAL DESCRIPTION: 1-a n a ` S e-E 114,;,k4<� ,. CURRENT ZONING: _ - APPLICABLEEE: ATTACHMENTS: �� S_�-�c� }ez 'c>,.�. l' I�nF���i tr.��hcn r}-- -s ✓,�'�61 S SIG,NATU E OF //L�ICANT .ALSO PRINT NAME) DATE p, 6'e'A a.a. W— e- a 4 C, 4 42 a-/" i5fe—f uez.�;Oxj Arz., 6C--41'-qC 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 L surroundings/ which do not apply to other propert>ies in the/�istrict? et c_u. - 0-� �ke- �G:trtOt.? .�fLOn9 C.Cr _ eJ (.fzGc �d��� �e- i,tj�. I l%�6 �-�.t Se�.lcc�a // �� �rr� i � -� ��eII�, II �l�a �%ee� v2 C v�.Uve�v,'n,vt� / b r'tP w 1 (n J' ^ / -�C/ �G[.� GL� �..t L box aA C. O G?C Y1 _ Coo . = t? G G b Gt1r�CYOW AC- 4-a/ �?O�- ber.�s G���ur�� .1-�rS �:lCD/ �ocrK�¢f� ���we>.v C� S�dnG�e �Gc,'�� rZ d) dl CoNVQrv,'FNcc .C.�t7l./c� Ca,'14 '�O 1ve;AA4'l. ,-6 t�1�n,"LH otte G'//cweil�l4eA,L e-/N 2. Are there special circumstagces'that exist that are not self imposed or created. _// _ / by the owner/applicant? / kc- a�) ati ih4 ��i Gc+. r�,loX G, i c-4 caVa?, VL-/Le- /V 0r✓Ck7— C� �,(� o <,.� •' P rt) � � �// SGc h l' ec�i �'�? �j�'�.r %,� Gl% t-ct G� /f�� t� E/I.�.Z�.'t/ Lt'rc/1�1.2/rf./f U i ✓�r c �-��G .� 1)1<-p�'ccinz4+zE.,�� �zGCf' LJG �rL'it,'F-i�?tl' /f t T/� V,'i c� V GG/ � •1 2 r 3. Is the authorizing of the variance necessary for the preservation and enjoyment of substantial property rights? s (, • sir+ GLC �o o� �il�-� C_ a.c�, •`cE'�� rG'•c� cY �Ci d'L`� �'�.E- (GCA �Gi�CL-Ol,c.,t�i'n IQ o �J S'd-�1� (t-F�IJrOlto / /t` l � G+�/Tt''f•,c v.XY' ��*�� C/GcL .{ro Lka, /V&0"LJ GJ,"rY U) oel) �,L a '"'e � � _(`��i'y� ¢ d' rlL`�r S / O.. G a-v-e- N 0 o c<.� �� 6r:� C iti2t"•� <;� i f �G ` cr 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? • �,R �/ / 4 �i^OA.> S l V f/ .N J t-_, /Q- r� �C N o "L'" r ,` '� L7 r ST h s / n , r /G✓�_ c C , Nj a �fl/ , s' G Lt t,,' � tom!' / n? +-,' l! //'�-c7/' e7c t s , (-/, C� n }c �� �rL 4"fiC�. % GJ� ,�l['_ z.itJ 1r i •S Gary -1 S'Drtr�-�iirti?n TL' RUC 60 �On 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. T 11 i S ru / C / ' / D 1✓r /'� (C�2 G r AN 0rZ [J R, 7 /1 /G1 ar;C" /- ^' fL3C �A `4 (2E".frcl�P.i �.'tt a / k4 o'� , �r s ,r` 2S"a ` Le-6 /4Z2 to rL/ kv r-Gkt G CY/� CzL L Ct% S1.1 rt.0 rL ".A ��� bec? ,v Typed B OF A Application We would like to submit a request for CUP approval to develop an automated car wash business on the site but must first obtain a variance since the business is classified as a convenience use which requires a 250' setback from "any Residential District" and there is an existing R-6 zoned apartment building within 250' of the proposed site. Typed Page 2 Answers 1. Because of the narrow frontage on Oracle Road the property lends itself to convenience uses. All of the serious interest in the property has been for convenience uses such as bank branches and fast food (both denied due to drive up window access not being allowed). It's also located between a storage facility and a convenience store with gas, neither of which are allowed under C-1. 2. The apartment complex which creates the need for the variance was once a portion of the subject property and was developed under Pima County CB-1 requirements. When the parcel was annexed into Oro Valley its zoning was translated into R-6 instead of C-1. 3. It's only fair that this use be given reasonable consideration due to the uses surrounding it. As stated previously it's a different parcel to develop due to the narrow window on Oracle. We have owned this property for 25 years and have not found a buyer/user for this parcel due to its situation. 4. To my knowledge these are no properties with similar conditions in the vicinity. This is a unique in fill property that was annexed into the Town pretty much as it is and sometimes it is difficult to translate pre-existing uses into the new zoning designations. 5. This type of use will not affect the neighboring commercial uses and will provide a convenient place for the people that live nearby to clean their vehicles. The only residential property affected is the apartment complex and although it is within 250' of the lot line it is over 300' from the actual car wash structure which has been positioned per staff recommendations. f X i - VICINITY MAP: HARDY ROAD �i b . PROJECT PRO d i PUBLIC ROAD ��• _.1-$. t'� 'F'°. A �Y,.'�. - '!M PRO.ECT DATA: `.` v � _- �j 4�E„ l �>w �_ ... — a — .._ ♦ I • ,� • s ' — ---�-i tr vaum xwc un rAa .; t� per• I _ F:. _ L y"'-- — — — — — aam Anolczx nw x aunt ww — I '� a... X. •. °AIM P— D[swvxore Zw C Pxaozu ron A xn an rAw rKurtr (t `~' I `. ' 1 , r P S: - �`.• 6� ,; ELSTw ZaaxG -I, IOnll a' Oxo VHItY h 1.,.7 ..3 I #n ar r �r. vu+cnl M'D MrcA vs-I1-IatlAm Ein sr az .t r.. ueisa ar Jam . f A t 'iR bum ( uu. emn wcxr: xr /arm ecwn ravnoEo, rr• BNIDINx AVGPAY SI.IPM 1 �A'Z ,�E p - � � VA 11WI flMxCl ..RPo Y �� ! � J� � ! � (II '� � •'-� ` �y_� �� As m � � .. y�z�� y n 5 Pwxxc utoWm: xraa u • (s/�000 � • x .s vuaxc PvvAuo: xi vA<uw swan (m er I ...( •'n �f „ 'I `i - _ ��^" _ _ ..1 w �� "�. aerat vua.¢ vxonoeu _ J' l+ "�{. I °� `c . - I .ova - F a `' _ • 1 ao` .. , i� w�axc vxaom: o xraman - o P— m WINITY MAP: 1` -- PROJECT — - -- - PUBLIC ROAD { PROX I� nromoul[cfr aNNolac uwnarN, oalCuT DATA: — — — — — — — — — — — — — — -------------------------- — — — — — \. 1 Wa[cl wwamN reDMfN mo a ore W rux rnm ro /I m[ a-1. rDwl n aD vuur nJlc[[J WD n Mfk e-1•-Ib0 ICl / •I l - ! I l ^` - I 1 CM x15N WICK(li• M.n.Y iI AiN /NL9J IYflf V / ! Iu.aR: A:ee u �% / / / 1 %'Ti � .�) -`.� ! ! r /• / I v. .. I j` jl � reNxo Nu.[D: .nos • U/laoD srl • fuf I r l !p !� �S i l \ Ij � t •fll1 � � I \ I" a nl waw wmtn'nIll [aalw—M 0WIN=-0p0m PROJECT TEAM: / 1 %� I , / , �l I- r r t I � \ � �`\ � I I � \ '' ' I ," o.Imc uTcl• rwc ulmc¢ m l l t � 1 / � � �� � �� l - ;�;-- __ --i-1 � � 1 V I. �[ A �V �� -�71� r�e•eoox wm l ` ✓ r I i �' \ � ({ �owxoro s+ roxaar.w uxlclz u.e ! n + INre[ssrmmc nen x unr ewnNlei I 1 I 1 J DeI — — — — N rnx�axla�niie r/ / I ��I jid J F j ..J r � - d,� ' f l �� � �J `l .�� / �I �.�{• - ._ r 1. Yj I nll. ncx[De racn�.�m: �\\, l r // I nsax.umwesrle 1 _ i l / I / 1� 4 { {i Lk r f+r� 1 I J` t I ) -1. �� a _ � • \ \ \ 1 is r� ``1 jq�� - � , f I' i° / n I , • I �'• /`�r i � -- r/ L---------------- r \ / I REFERENCE I f IF I o mco• STAR SaSEPACRAMn CVNo: DATE: RCNSIONS: PRELIMINARY TUCSON.K UTIe SITE PLAN' JETING (w Ezal:a et/aL 1 -0 CONS . PROJECT: 13W orneru Exhibit A That portion of SUNNYSLOPE, Lots 1 and 2 as recorded in Book 17 of Maps and Plats at page 27, as recorded in the office of the County Recorder, Pima County, Arizona, and that portion of the Tucson Florence Highway (Oracle Road), as abandoned by the Petition and Order recorded in Docket 7660 at page 1011, being more particularly described as follows: Commencing at the Northeast corner of Section 25, Township 12 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona; Thence along the North line of said Section 25, South 89 degrees, 51 minutes, 55 seconds West,1886.39 feet; Thence leaving said North line South 00 degrees, 08 minutes, 05 seconds East, 75.00 feet; Thence South 11 degrees, 20 minutes,18 seconds West, 200.51 feet to the POINT OF BEGINNING for this description; Thence along the West line of 20.00 foot alley as recorded in Book 17 of Maps and Plats at page 27, South 11 degrees, 20 minutes, IS seconds West, 617.55 feet; Thence North 52 degrees, 42 minutes, 12 seconds West, 747.19 feet; Thence along the East right of way of Tucson Florence Highway, North 19 degrees, 45 minutes,10 seconds East,169.62 feet; Thence leaving said right of way line South 88 degrees, 34 minutes, 34 seconds East, 310.80 feet; Thence North 00 degrees, 07 minutes, 47 seconds West,196.50 feet to a point on the South right-of-way line of Hardy Road; Thence along said right-of-way line North 89 degrees, 51 minutes, 55 seconds East, 50.00 feet; Thence leaving said right of way line South 00 degrees, 08 minutes, 05 seconds East,196.50 feet; Thence North 89 degrees, 51 minutes, 55 seconds East, 297.78 feet to the POINT OF BEGINNING; EXCEPTING THEREFROM that portion of Lots 1 and 2 of SUNNYSLOPE, a subdivision recorded in Book 17 of Maps and Plats at page 27, records of Pima County, Arizona, and of abandoned Oracle Road as recorded in Docket 7660 at page 1011, said records of Pima County, Arizona, described as follows: Commencing at a Glo Brass -Capped Monument accepted as the Northeast corner of Section 25, Township 12 South, Range 13 East, Gila and Silt River Base and Meridian, Pima County, Arizona; Thence South 89 degrees, 51 minutes, 55 seconds West 1885.23 feet upon the North line of the Northeast Quarter of said Section 25; Thence South 00 degrees, 08 minutes, 05 seconds East 75.00 feet (record) 74.77 feet (measured) to a one-half inch rebar at the Northwest corner of that 20 foot alley as shown on said Sunnyslope; Thence South 11 degrees, 20 minutes,18 seconds West (record) South 11 degrees, 21 minutes, 08 seconds West (measured) 710.68 feet upon the West line of said alley to the POINT OF BEGINNING; Thence continue South 11 degrees, 21 minutes, 08 seconds West,108.24 feet upon said West line to a one-half inch rebar; Thence North 52 degrees, 37 minutes, 24 seconds West, 748.70 feet to a one-half inch rebar on the West line of said abandoned portion of Oracle Road recorded in Docket 7660 at page 1011; Thence North 80 degrees,15 minutes, 51 seconds East,132.46 feet; fil K 9 5 0 0 5 5 0 Thence South 52 degrees, 38 minutes, 38 seconds East, 611.06 feet to the POINT OF BEGINNING; and FURTHER EXCEPTING THEREFROM that portion of Lot 1 of SUNNYSLOPE according to the map recorded in Book 17 of Maps, page 27, records of Pima County, Arizona, and as amended by Declaration of Scrivener's and other Errors recorded in Docket 2426 at page 419, more particularly described as follows; Commencing at the Northeast corner of Lot 1; Thence South 11 degrees, 20 minutes, 18 seconds West along the East line of said Lot 1, 200.51 feet, more or less, to the Southeast corner of a certain parcel of land recorded in Docket 10040 at page 2481; Thence continuing along the said East line of Lot 1, South 11 degrees, 20 minutes,18 seconds West, 284.04 feet to the POINT OF BEGINNING; Thence continuing along the said East line of Lot 1, South 11 degrees, 20 minutes,18 seconds West, 226.04 feet, more or less, to the Northeast corner of a certain parcel of land recorded in Docket 10957 at page 1921; Thence North 52 degrees, 34 minutes, 04 seconds West, along the Northerly line of that parcel referred to above, 375.82 feet; Thence North 37 degrees, 25 minutes, 56 seconds East, 125.65 feet; Thence North 00 degrees, 08 minutes, 05 seconds West, 30.15 feet; Thence North 89 degrees, 51 minutes, 48 seconds East, 87.67 feet; Thence South 52 degrees, 34 minutes, 04 seconds East, 225.29 feet, more or less, to the POINT OF BEGINNING. (jv arb 33) 1 3 5 9 5 0 0 5 5 1 Page 1 of 1 op Arellano, Rosevelt From: brad@advanced-capital-inc.com Sent: Monday, October 28, 2013 9:43 AM To: Arellano, Rosevelt Subject: Oracle/Hardy Variance Request Hi Roosevelt, The car wash developer that was interested in the SE Corner of Oracle and Hardy has decided to withdraw their contract in finding that we would not have staff support for the variance. Therefor I would like to withdraw the original application submitted for the variance and request a refund of the fee submitted with the application. Please let me know what I need to do to complete this. Thanks, Brad Bradley N. Gephart, President Advanced Capital Realty, Inc. Phone: 520-327-8758 Cell: 520-429-7918 Fax: 520-300-8277 brad(@advanced-capital-inc.com 10/28/2013 OQO�P�yEY_ A'74 y A b. Development and Infrastructure Services Variance to allow a carwash business to be closer than 250' to a residentially zoned property, located south of the southeast corner of Hardy Road and Oracle Road, OV1013-13 A notice was previously sent to you by the Town regarding this case. The purpose of this mailing is to inform you the above -referenced Variance Application will not be heard at the September 24, 2013, Board of Adjustment meeting. The application has been continued to a later meeting date to allow the applicant time to evaluate their request. Please note that a new meeting notice will be sent to you prior to the re -scheduled Board of Adjustment meeting. If you have any questions, please feel free to contact me at rarellanoccDorovalleyaz.gov or (520) 229-4817. Rosevelt Arellano Planner