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Home My WebLink AboutOV101402O�P�IEY qq� O o? ?� Development and Infrastructure Services Planning Division 11000 N La Canada Drive, Oro Valley, Arizona 85737 • 520-229-4800 •520-742-1022 (Fax) A �VNDE019� 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 c ' :FOR X Zoning Variance Note: Submittals are due by noon — Zoning Interpretation - ' Appeal of Administrative Decision CASE NO.: 14 NATURE OF REQUEST: A request to deviate from Zoning Code Section 27.9(E)(4)(a&b) to allow cut and fill slopes to encroach two (2) feet into the required two (2) foot setback for the Maracay at Vistoso project. The property is entirely surrounded by the Rancho Vistoso Golf Club. An agreement between the owners of the golf course and Maracav for grading, drainage and landscaping easements is expected to be finalized shortly. The owner's of the golf course have expressed that there are no concerns with the proposed design. If necessary, please attach a written narrative. APPLICANT: The WLB Group PHONE: 520-881-7480 FAX: 520-881-7492 ADDRESS: 4444 East Broadway City Tucson State AZ Zip 85711 Entail gpoland@wlbgroup.com OWNER: Marcay 91 LLC ADDRESS: 15279 N Scottsdale Rd Ste 300 City Scottsdale State AZ Zip 85254 Terminus of La Canada Rd PROPERTY LOCATION FOR VARIANCE REQUEST: Rancho Vistoso, N10 219-22-4160,414A, 415A, 4130, PARCEL #: 4110,4120, 219-19-1930 LEGAL DESCRIPTION: Please see attached RV PAD M,MH, &H CURRENT ZONING: Density Residential APPLICABLEEE: ATTACHMENTS: Application, Supplemental Q & A, narrtive, legal description,and site plan T AT�U��PLICANT (ALSO PRINT NAME) DATE , //i�r-`hh Paul Oland 07.10.14 SUMMARY This narrative has been prepared in support of a variance application for the Maracay at Vistoso development. The property is located at the north eastern terminus of La Canada Drive and is further identified as Parcel Numbers 219-22-4160, 219-22-414A, 219-22-415A, 219-22-4130, 219-22-4110, 219- 22-4120, and 219-19-1930. The subject site is surrounded by the Rancho Vistoso Golf course on all sides. Properties to the north, south, and west are all designated by the General Plan Resort Golf Course. Zoning Code Sections 27.9(E) (4) (a&b) state: a. Top of cut slope: The top of cut slopes shall be made not nearer to a site boundary line than one fifth (115) of the vertical height of cut, with a minimum of two (2) feet. The setback may need to be increased for any required interceptor drains. b. Toe of fill slope: The toe of fill slope shall be made not nearer to the site boundary line than one-half (112) the height of the slope, with a minimum of two (2) feet. The request is to deviate from these sections to allow cut and fill slopes to encroach two (2) feet into the required two (2) foot setback. In other words, we request to grade up to and in some cases across the property line in order to achieve the agreed upon grading and drainage strategy. As previously mentioned, the subject property is surrounded by the Rancho Vistoso Golf Course. Discussions are in progress to establish drainage, grading and landscape maintenance easements on golf course property adjacent to the project site. The owners of the golf course have no issues with variance request. Variance Narrative 1 LB Maracay at Vistoso UVrOUp wJ. B WLB No. 185050-MY-04 VARIANCE FINDINGS The findings for approval of the Variance can be made as follows: 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? OVZCR 27.9.E.4.a/b. is intended to protect adjacent property owners from grading in close proximity to the property line. Unlike other properties in the district, our neighbor the golf course supports the requested variance, and thus does not require the protection afforded to adjacent property owners by OVZCR 2Z9.E.4.a/b 2. Are there special circumstances that exist that are not self imposed or created by the owner/applicant? The special circumstance that exists is the fact that our neighbor (the beneficiary of OVZCR 27.9.E.4.a/b) is in agreement with the proposed design, and this does not require the protection afforded by 0VZCR 2 7.9. E. 4. o/b. 3. Is the authorizing of the variance necessary for the preservation and enjoyment of substantial property rights? Yes, in order to achieve the design shown on the approved CSP, this variance is necessary. This variance is also necessary to allow Maracay and the golf course to act upon their agreement to cooperate in matters of grading, drainage and landscape maintenance. 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? If our neighbor was not in support of our request, approval of this variance would constitute a grant of special privileges. However, having the golf course's support of our design is a condition that cannot be said of other properties in the district. Thus, approval of this variance will not constitute a grant of special privileges. 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. The requested variance is the minimum necessary to afford relief. The encroachment of two feet will not affect the health and safety of the neighborhood or surrounding properties. In fact, granting of this variance will allow the realization of the grading and drainage strategy that has been agreed upon by Maracay and the golf course. Variance Narrative 2�� Maracay at Vistoso roue WLB No. 185050-MY-04 KEY MAP Block 5 5North (70'x130')500's 1-2 Story Block 3 Z-Lots 1-2 Story 71 Block 4 (a (80'x140') 1 Story '� ...:y rn ' � �- � j J /� �:;. =•r"� '�\mot-,�--� .^�\j _\ to --^ ..�....�•' :,/ i / 1. \ �� { �,��--�c'�.� ��.., i \ ., Rec. Area J �? t , ,. v � ,� i -�c �I r JJJ ,, ] j2.5 AC. �� ,.� - ��..d i +�1 ;N•.. .� .,� r��l� r'm'I t• Block 2 (° 5500'sSouth (70'x130') 1 Story �:^ �- r! 5� /'R r' J� ' - -�, �' '-••<� �',_ I . J.' kt7 \�. '� `�...,..� r � / !'. /F y..; �' y✓ rT` -yam \-. � r � ,�\� FBIOck 1 G V If 4030's i II (55'xl25') 1-2 Story l r a A/ y ; a/ �i /d ! r` `. f fL r S � 7 I 1' �rn 1 ,s.• i' ' / 1 1 •I� '! . � ',Yt1,S l h �J f 7 H I r.M'.1., l �_ �1 ` ,"%ji1� (� � � � � r1-- ` 1 }/`";. y� r CS 1 .�r f QQ� • f J; , � / /", \. I I I .� -`�/•, 1 } J � 1 A at� - al I I : r r: 1 .r.: � i 1 I � � �/1 ! � •F, � r I� I � J7,., ! ti � �� \mod � I - / f \ f f �\ XW- \�/ v J7 l _ (r- 1..�t' L1• GA 1 (_b^�?{t 1 _ �J ( 1 ,�' y r sl i I' r!'r•'^I �Cil - �\q{f iJ l I `r 1� I r/ ._..... ..-�� 1 1 �� r` a t � k16 � i r� I •'rr ' li `_ I l � t�- � 1 I � Z y . _ 1- li I \ r 1 11 �� .4l .a - �\ ��''"• \ \ ^ i 1 r / •� ,._ ! i- I ri it 1 '1 ``1 I X ` ` I A //, S I r� _• I I•. :.. 'I 1� ('� '_ r 'la ' \ � [aafRex^' �fl 7. �)l' II 1 •ATJr i��,�r '�r\ a�ta� i•.!"i �. %y X\` ' L ' :.:t zi PARCEL BLOCK LOTSIZE PHASE NO. of LOTS 4000's/4500's Block 1 55' x 125' Phase I & II 81 5S00's South Block 2 70' x 130' Phases I 39 Z Lots South Block 3 52' x 95' Phase 1 42 Z Lots North Block 3 52' x 95' Phase 11 59 6500's Block 4 80' x 14a Phases 1 & 11 74 5500's North Block 5 W x 130' Phase II 47 TOTAL NUMBER OF LOTS 342 Arellano, Rosevelt From: Mills, Sam <smills@maracayhomes.com> Sent: Monday, October 06, 2014 9:36 AM To: Arellano, Rosevelt Subject: RV: Variance Request Hello Rosevelt, Just wanted to check in a make sure that we officially withdraw our variance request. I can come and pick up the check next time I am in the office. Let me know if we need to do anything else. Thank you and have a great Monday. Sam Arellano, Rosevelt From: Gustav Paul Oland <gpoland@wlbgroup.com> Sent: Tuesday, October 14, 2014 3:55 PM To: Arellano, Rosevelt Cc: Sam Mills (smills@maracayhomes.com); Linda Thompson Subject: Maracay Grading Variance Fee Hi Rosevelt, Please send the variance application fee refund to Sam. Thanks, Paul Gustav Paul Oland Sr. Project Manager / LEED-AP The WLB Group, Inc. Engineering • Planning • Surveying • Urban Design • Landscape Architecture Tucson • Phoenix • Flagstaff • Las Vegas • www.wlbgroup.com 4444 E. Broadway Blvd. • Tucson, AZ 85711-3508 520.881.7480. 520.881.7492 (fax) • 520.664.4304 (cell) gpoland@wlbgroup.com