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Verde Catalina — Lecy Variance(OV1015-02)
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Verde Catalina — Lecy Variance(OV1 015-02)
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VERDE CATALINA TOWNHOMES
PLANNED AREA DEVELOPMENT
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Adopted by Ordinance No. (0) 15 XX, (insert, date)
November, 2014
VERDE CATALINA TOWNHOMES
PLANNED AREA DEVELOPMENT
Prepared for:
Verde Catalina Townhomes
Located near the northeast corner of
Magee and Oracle Roads
Prepared by:
Town of Oro Valley
11000 N. La Canada Drive
Oro Valley, AZ 85737
November 2014
Verde Catalina Townhomes Planned Area Development
I. Site Analysis
A. Project Overview...........................................................................#
B. History ........................................................................................#
C. Existing Land Uses........................................................................#
1. Existing On -site Land Use and Zoning .......................................#
2. Existing Zoning on Adjacent Properties .....................................#
II. Land Use Proposal
A. Permitted Land Uses.....................................................................#
B. Excluded Land Uses.....................................................................#
III. Development Standards
A.
Site Perimeter Setbacks.................................................................#
B.
Building Setbacks.........................................................................#
C.
Building Height..............................................................................#
D.
Lot Density Coverage....................................................................#
E.
Accessory Buildings ............................. ....................................... :.#
F.
Lighting.........................................................................................#
G.
Signage......................................................................................#
H.
Landscape Standards....................................................................#
I.
Building and Site Improvements......................................................#
IV. List of Exhibits
Exhibit 1: Regional Location Map
Exhibit 2: Aerial Map
Exhibit 3: Zoning Map
Exhibit 4: Subdivision Plat
Verde Catalina Townhomes Planned Area Development
Site Analysis
A. Project Overview
The Verde Catalina Townhomes Planned Area Development (PAD)
encompasses approximately 26.3 acres of developed land located on the
east side of Oracle Road, approximately 700' north of the Magee and Oracle
Roads intersection. See Exhibit 1: Regional Location Map.
Exhibit 1 — Regional Location Map
Verde Catalina Townhomes Planned Area Development
The purpose of the Verde Catalina Townhomes PAD is to match zoning
setbacks and other standards which are in line with the existing
development. The PAD will affect new construction and will not change the
residential characteristics of the property. See Exhibit 2: Aerial Map.
Exhibit 2: Aerial Map
Verde Catalina Townhomes Planned Area Development
B. History
The existing townhomes were developed in the early 1970's and under
Pima County's S-R (Suburban Ranch) zoning district. The S-R zoning
district is intended for large single-family residential lots. At the time of
construction, the townhomes did not meet the minimum building setbacks
and lot size requirements prescribed by zoning.
In 2003, the property was annexed into the Town of Oro Valley and
translated to the Town's R1-144 (Single-Family/144,000 sq. ft. minimum lot
size) zoning district. The R1-144 zoning district never resolved the previous
zoning issues (i.e. building setbacks and lot sizes) because state law
required the Town zoning (R1-144) to be equivalent to the property's former
zoning classification (S-R) under Pima County.
The previous land use approvals for the property include:
Pima County
• C08-71-5 — Subdivision Plat (See Exhibit 4 on page_#)
Town of Oro Valley
• Ordinance No. (0) 03-09 — Annexation
• Ordinance No. (0) 03-32 — Translational Zoning
C. Existing Land Uses
This section identifies the existing zoning and land uses on the property and
adjacent parcels.
1. Existing Zoning (See Exhibit 3 — Zoning Map)
o Onsite: Verde Catalina Townhomes PAD
o North: R-6
o South: C-2
o East: R1-36
o West: R-S and C-2
2. Existing Land Uses
o Onsite: Townhomes
o North: Townhomes
o South: Commercial
o East: Single-family detached homes
o West: Commercial, condominiums and apartments
Verde Catalina Townhomes Planned Area Development
Exhibit 3: Zoning Map
Verde Catalina Townhomes Planned Area Development
II. Land Use Proposal
A. Permitted Uses
1. Uses listed under the R-4 (Townhouse Residential District) zoning
designation of the Oro Valley Code Revised.
B. Excluded Land Uses
1. Land uses not listed as a permitted use, or land uses that are not an
accessory to the primary use are prohibited within the Verde Catalina
Townhomes PAD.
III. Development Standards
A. Site Perimeter Setbacks
The term 'site' is define as the boundaries of the overall development.
1. From the property line of any R-1 district: Twenty-five (25') feet
2. From the property line of any district other than R-1: Ten (10') feet
B. Building Setbacks
1. Front, sides and rear: Zero (0)
2. Ten (10') feet in between buildings f?
0
C. Building Height
1. Eighteen (18') feet, 1-story
D. Lot Density Coverage
1. Expansions into the front yard: No more than fifty (50%) percent of
additional rooftop or living space shall be added in the front yard.
2. Expansions into the rear yard: Each lot shall maintain a minimum of
two hundred fifty (250) square feet of uncovered living space in the
rear yard.
E. Accessory Structures
1. See above setback and height provisions.
2. Detached accessory buildings shall not exceed the height of the main
building nor be any closer to the front lot line than the main building.
Verde Catalina Townhomes Planned Area Development
F. Lighting
1. All lighting shall be in conformance with the Oro Valley Lighting
Code, Section 27.5.
G. Signage
1. All signage shall be in conformance with the Oro Valley Sign Code,
Chapter 28.
H. Landscape Standards
1. All future landscaping shall be in conformance with the Oro Valley
Landscape Code, Section 27.6.
I. Building and Site Improvements
1. Building and site improvements are subject to the adopted provisions
related to public health, safety and welfare.
Verde Catalina Townhomes Planned Area Development
IV. List of Exhibits
Exhibit 1: Regional Location Map
Verde Catalina Townhomes Planned Area Development
Exhibit 3: Zoning Map
Verde Catalina Townhomes Planned Area Development
IF---T--
Exhibit 4: Subdivision Plat
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Notice Form,t
OV Number: DV//)/5 -a,;2
Board/Commission: Z-30 ,1� 0/0g11J
Date of Meeting: �/a �/�/5
15 Day Notice Deadline:
Publish in Daily Territorial Newspaper:
Submission Deadline: _3 Ad in OV File:
Emailed to DT: Cost of Publishing:
Publish Date: / Publishing No:
Postcard Notification Boundary: I�
Notification Feet:
Total Residents:
Date Mailed out: Jl
HOA's Notification:
Total HOA's:
Date Mailed out:
Property Posting: Gave to Inspectors:: A0 w
Town Posting: c Date Posted: `-A
Town Website Posting: Date Posted:
Notice in Folder: Notice Map: ?22V Labels: ad
Affidavit of Publication: Town Clerks 1, Copy Folder �/a
NOTICE OF PUBLIC HEARING
Oro Valley Board of Adjustment
The Board of Adjustment will hold a public hearing on
Tuesday, February 24, 2014 3:00 p.m.
Oro Valley Town Hall, 11000 N. La Canada Dr.
Oro Valley, Arizona
Request for a Variance from the front and side setbacks established by Section 23.4 of
the Oro Valley Zoning Code Revised for R1-144 zoned property to allow an enclosed
garage to be constructed abutting the side and front property lines for a property
located at 8310 N. Verde Catalina Drive, OV1015-002.
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.orovallev, az.gov.
For questions and additional information, please contact Patty Hayes at (520) 229-4819 or
phayes(d_)orovalleVaz.gov.
POSTED: 02/05/2015
TIME: 3:00 PM
BY: rmf
\\SILVER\permits\PERMPLUS\DOGS\OV1015-02\Notice\02-24-2015 Notice.doc
ZEA
AFFIDAVIT OF PUBLICATION
STATE OF ARIZONA
} ss.
COUNTY OF PIMA 1
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 hereto attached:
NOTICE OF HEARING-OV 1015-02
Request for a Variance
Enclosed Garage
February 24, 2015
was printed and published correctly in the regular and entire issue of said THE DAILY
TERRITORIAL for 1 issues; that was first made on the 9" day of February, 2015 and the last
publication thereof was made on the 9"' day of February, 2015; that said publication was made
on each of the following dates, to -wit:
2/9/ 15
at the Request of: Town of Oro Valley
by , Lead Public
sworn to before me this 9k&Y of February, 2015.
ON ° �oto
�� ao N°wry P��m�s,"oZp10
• My ��H 9
Clerk, subscribed and
Notary Public in and for the County of Pima, State of Arizona
My commission expires 07/19/2018
www.dailyterritorial.com • FEBRUARY 9, 2015 23
NOTICE OF PUBLIC HEARING
Oro Valley Board of Adjustment
The Board of Adjustment will hold a public hearing on
Tuesday. February 24, 2014 3:00 p.m.
Oro Val ley Tow. Hall, 11000 H. Lo Code da Or.
Ora Valley, Arizona
Request for a Variance to the front and side yard setbacks established by Section 23.4 of
the Oro Valley Zoning Code Revised for 81-144 toned property to allow an enclosed pangs
to be constructed abutting the side and front property lines for a property located at 9310 H.
Verde Calallna Drive, OV1015-02.
The hearing will be In the Town Council Chambers. The public is encouraged to trend and will
be Imeed 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 lost 24 hours prior to meeting time and an be viewed at
wvnvnrov,llewr= For questions and additional Information, please contact Patty Knes at
(520) 229-4819 or gp,T—anrovallren nov.
AFFIDAVIT OF PUBLICATION
STATE OF ARIZONA }
} ss.
COUNTY OF PIMA l
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 hereto attached:
NOTICE OF HEARING
Enclosed Garage
OV 1015-002
February 24, 2015
was printed and published correctly in the regular and entire issue of said THE DAILY
TERRITORIAL for 1 issues; that was first made on the 12"' day of February, 2015 and the last
publication thereof was made on the 12"' day of February, 2015; that said publication was made
on each of the following dates, to -wit:
2/12/15
at the Request of. Town of Oro Valley
by - , Lead Public Notice Clerk, subscribed and
sworn to before me this 12t da of Febuary, 2015.
Z`�'��
0.0i GoO9 °yo
Notary Public in and for the County of Pima, State of Arizona
My commission expires 07/19/2018
www.dailyterritorial.com • FEBRUARY 12, 2015 23
NOTICE OF PUBLIC HEARING
Om Valley Board of Adjustment
The Board of Adjustment will hold a public hearing on
Tuesday, February 24, 20153:00 p.m.
Oro Valley Town Hall, HOOD N. La Cadada Dr,
Oro Valley, Arizona
Rsqueal for a Variance ham the honk and side setbacks established By Section 23.4 of the
Om Valley Zoning Code Revised for Rt•144 zoned properly to allow an enclosed 0araga to
he conslruclad abutting the side and front property lines tar a properly locale it $310 N.
VaNs Ci lallna Odwi, OV1015-002.
The hearing will be In the Town Council Chambers. The public Is encouraged to attend and will
be imbed 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 wailabke at Nast 24 hours prior to meeting time and can be viewed at
w ray il-7n For questions and additional information, please contact Patty Hayes at
Ey Aq�rOkf
•��UNDED
Board of Adjustment Staff Report
CASE NUMBER: OV1015-02
MEETING DATE: February 24, 2015
AGENDA ITEM: 2
STAFF CONTACT: Patty Hayes, Senior Planning Technician
phayes orovalleyaz.gov (520) 229-4819
Applicant:
RogerLecy
Request: Variance from the required front and side yard setbacks and
alteration of a non -conforming building to allow an enclosed and
expanded garage.
Location: 8310 N. Verde Catalina Drive, Verde Catalina Townhomes
SUMMARY:
The applicant proposes to enclose an existing carport into a garage and extend the garage
forward to the front lot line and outward to the nearest side lot line (Attachment 1).
The variance request is to allow a 0' side and 0' front setback and an expansion of a legal
non -conforming structure for the proposed addition.
The subject property is occupied by a townhome located in an R1-144 zoning district and
requires a 50' front yard setback and a 20' side yard setback.
The existing carport is considered a legal non -conforming structure because it was legally
built in 1973 but doesn't comply with current zoning standards. Expansion of a legal non-
conforming structure is restricted by the Zoning Code and therefore also requires a variance
to allow the structure to be enlarged.
The large lot zoning was established upon annexation and is not designed to accommodate
the existing smaller lots. The R1-144 zoning district setbacks are designed for 3.3 acre lots
and the Verde Catalina Townhomes have lots sizes ranging from 3,500 to 5,000 square
feet. The homeowners association for the townhomes is working to resolve this zoning
issue and have filed a rezoning request through a Planned Area Development (PAD),
which will establish smaller setbacks conducive to townhome development. This PAD is
still several months from being considered by Town Council and the homeowner has filed a
variance ahead of the adoption of the PAD.
OV1015-02 Verde Catalina
Board of Adjustment Staff Report
BACKGROUND:
Existing Site Conditions
• Townhome built in 1973
• 3,483 square foot lot
• Lot dimensions 86' x 40'
Proposed Improvements
Page 2 of 5
Enclose existing carport into a garage and extend the garage to the nearest front
and side lot line
Related Approvals
• 1972 Subdivision plat approved by Pima County
• 2003 Annexed by the Town of Oro Valley
• 2011 Variance in the development reducing rear setback from 50' to 16'.
• 2013 Variance in the development reducing rear setback to 0'
The property was zoned and developed in the County and later annexed into the Town.
State law requires the Town to translate the existing County zoning into the Town's closest
zoning district, therefore the R1-144 zoning district was applied to the Verde Catalina
neighborhood. However, the R1-144 zoning district is designed to allow one single family
detached home to be built on a 3.3 acre lot and requires significantly greater setbacks than
can be accomplished on the smaller townhome lots .
ANALYSIS:
A typical 3.3 acre lot in an R1-144 district can accommodate the required 50' front and rear
yard setback and the 20' side yard setback. However, homes in the Verde Catalina
townhome neighborhood (Attachment 2) cannot comply with any setbacks required by the
R1-144 zoning district due to the small lot sizes, which typically range from 3,500 to 5,000
square feet. This is the basis of the request for the setback variance request.
The existing carport was legally built by County standards in 1973 but does not meet the
current zoning standards of the Town's R1-144 zoning district. Therefore the structure is
considered a legal non -conforming building. Section 29.4 of the Zoning Code requires
alterations and expansions to legal non -conforming structures to meet all zoning
requirements, and therefore a variance from the section is also required.
Town staff has been working with the Verde Catalina homeowners association to create a
new Planned Area Development (PAD). The PAD will create zoning standards to
accommodate the small townhome lots by defining the allowed lot coverage and setbacks
for front, side and rear yards. The Planning and Zoning Commission will review the
proposed Verde Catalina PAD in the Spring, followed by a Council review. If the PAD is
adopted, additions to homes should be accommodated by the new PAD standards,
eliminating the need for variances.
OV1015-02 Verde Catalina
Board of Adjustment Staff Report
FINDINGS OF FACT:
• Zoning is R1-144
• Required front setback is 50'
• Required side setback is 20'
• Average lot size 4,000 square feet
• Homes in Verde Catalina have both carports and garages
DISCUSION:
Page 3 of 5
State Law and the Oro Valley Zoning Code require the Board of Adjustment to find 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 staff's 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 states that his property is located at the end of the building, therefore, the
extension will not affect adjacent properties.
Staff Comment:
The Verde Catalina neighborhood is built with clusters of buildings which typically have 3 to
6 attached homes in each cluster. The applicant's home is located at the end of a row of 6
homes which provides a 30' distance between the applicant's home and the next row of
homes (Attachment 3). A garage extension on this home would not abut a neighboring
home due to the distance between buildings.
The applicant's lot size is 3,400 square feet. A lot of that size cannot meet the required
setbacks of the R1-144 zoning district which are designed for a 3.3 acre lot. The large lot
zoning requirements constitute a special circumstance and this finding has been satisfied.
The Board has granted two previous variance cases in the Verde Catalina community in
recent years based on a finding that the zoning constituted a special circumstance.
2. Are there special circumstances that exist that are not self-imposed or created by the
owner or applicant,
The applicant states he would like to screen his vehicles and tools from view as required by
the Home Owners Association.
Staff Comment:
As previously stated, the translational zoning to R1-144 was required by State Law and
was not the result of actions by the applicant and was therefore is not self-imposed. This
finding has been satisfied.
OV1015-02 Verde Catalina
Board of Adjustment Staff Report
Page 4 of 5
3. Is the authorizing of the variance is necessary for the preservation and enjoyment of
substantial property rights;
The applicant states he wishes to store "off season" property in a garage because he is a
winter visitor and does not feel comfortable leaving his belongings in an open carport.
Staff Comment:
The existing R1-144 zoning setbacks is not aligned with the small lot townhome
development and therefore denies property owners use and enjoyment of property rights
typically associated with townhome development, which commonly include 0' front and 0'
side setbacks. Therefore, the variance is necessary to preserve substantial property rights
and this finding has been satisfied.
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,
The applicant refers to the existence of garages in the neighborhood.
Staff Comment:
Staff surveyed the neighborhood and found a variety of open carports and enclosed
garages (Attachment 4). Several carports and garages are located on or very near the
property line. The existing homes and carports/garages were approved by the County in
the 1970's prior to annexation by the Town. Allowing a garage on the front and side
property line is common in the development and also typical of townhome development.
Granting the variance will not constitute a special privilege in the neighborhood and
therefore this finding has been satisfied.
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 this proposed garage is the size preferred for his needs.
Staff Comment:
The proposed garage would be consistent with other garages that currently exist within the
development. This finding has been satisfied. Additions are also reviewed separately by
the Building Safety and the Fire Departments to ensure that new structures meet safety
standards.
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.
OV1015-02 Verde Catalina
Board of Adjustment Staff Report
CONCLUSION
Page 5 of 5
As indicated the R1-144 zoning is not aligned with the townhome development. The zoning
requires substantial setbacks which cannot be accommodated on the small townhome lots
which constitutes a unique circumstance not created by the applicant. The proposal is
generally consistent with development in the area and meets the 5 required findings.
STAFF RECOMMENDATION
Based on conformance with all five variance findings, staff recommends approval of the
variance request.
SUGGESTED MOTIONS:
move to approve OV1015-02, a variance to reduce the front and side yard setback to 0'
and a variance to Section 29.4 of the Zoning Code to allow for a non -conforming structure
to be expanded based on the finding that the five criteria have been met.
NV
move to deny OV1015-02, a variance to reduce the front and side yard setback to 0' and
the variance to Section 29.4 of the Zoning Code to allow for a non -conforming structure to
be expanded and 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 property
4. Site Photos
Bayer Vella, Planning Manager
OPOJPLLEY gR/ZO29
Development and Infrastructure Services
Planning Division
11000 N La Canada Drive, Oro Valley, Arizona 85737 • 520-229 4800. 520-742-102REDxD 2 015
F�(1 E0BY: .................
BOARD OF ADJUSTMENT APPLICATION
NOTICE TO APPLICANT— It is the applicant/ownees responsibility to ensure all private rules and
regulations of the subdivision are adhered to. Contact vni HOA nr property management company to
determine all applicable requirements. Initials Verde Catalina I Treasurer
FOR X Zoning Variance Note: Submittals are due by noon
_ Zoning Interpretation
_ Appeal of Administrative Decision CASE NO.:
NATURE OF REQUEST:
8310 N Verde Catalina Drive, Oro Valley, AZ: Owner wishes to convert a
-carport to a garage and extend the structure by 5'-2" to the west. This is in -
-alignment with neighboring houses and brings the structure to the property line. -
This extension will allow the Owner to store garbage cans and bicycles out of
-the view of the Association which is a requirement of the CC&Rs. -
If necessary, please attach a written narrative.
APPLICANT: Roger Lecy
PHONE: 520- N/A
ADDRESS: 8310 N Verde Catalina Drive
City Oro Valley State AZ Zip 85704 Email ralecy@gmail.
Roger Lecy
ADDRESS: Same as above
City State Zip
PROPERTY LOCATION FOR VARIANCE REQUEST: 8310 N Verde Catalina Drive
PARCEL #: 225-16-0660 LEGAL DESCRIPTION: BOOK 23/PAGE 34
CURRENT ZONING: R1-144 APPLICABLEEE: s150
ATTACHMENTS:
SIGNATURE OF APPLICANT (ALSO PRINT NAME) DATE
ve x `� C Li s )1k,61,i.- / - 50I �
SUPPLEMA I AL QUESTIONS FOR APPLICATIH11 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?
It is an end unit and does not affect an adjacent property with this extension
2. Are there special circumstances that exist that are not self imposed or created
by the owner/applicant?
The HOA requires refuse containers be hidden from view. This unit has a
carport and therefore all containers would be visible to the public.
3. Is the authorizing of the variance necessary for the preservation and
enjoyment of substantial property rights?
The owner requires storage for off season property. This is not currently
possible due to HOA restrictions on visible storage.
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?
Other units in the Association have garages so this will not constitute a
special privilege.
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, this is the minimum
other properties are affei
red for storage and vehicle clearances. No
ADDITIONAL INFORMATION:
15 copies of the submitted application and narrative
15 copies of 11 x1 7 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
Oro Valley Zoning dt& Section 21.6 Board of AdjustMt
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 AdrriiiOrative 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.
1. 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 prime, in connection with any variance, such Mitions 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 pf 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.
I 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
"111
CHAPTER 21: REVIEW AND DEFM LN-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.
2. 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)
I. 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
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 fired 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 sub-
stantial 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.
((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 Df this ordinance and such violation shall render the vari-
ance null and void.
((0)11-13, Amended, 5/4/11)
L. Review
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
Lecy Garage Addition
8310 North Verde Catalina Drive
Tucson, AZ 85704
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PROJECT SCOPE OF WORK
OWNER S ENCLOSING THE EXISTING CARPORT TO CREATE A GARAGE OWNER IS UTILIZING A ZERO LOT LINE
CLEARANCE AT THE NEW GARAGE ENTRANCE TO INCREASE THE DEPTH OF THE GARAGE. DMM SLAB WILL
RE" BUT WILL BE EXTENDED AS SHOWN. INTERIOR AND EXTERIOR OF THE GARAGE WILL BE EXPOSED SLUMP
BLOCK TO MATCH THE EXISTING ADJACENT SLUMP BLOCK WALLS. EXISTING r SLUMP BLOCK WALL IS
EQUIVALENT 140A SEPARATION. NO SPRINKLER UPGRADE REQUIRED DUE TO LIMITED SIZE OF PROJECT.
EXISTING OPERABLE WINDOW S EQUIVALENT 1-HOUR PROTECTED OPENING.
ZONING IS A LEGAL ION -CONFORMANCE IN AN R1440, OWNER SEEKS ZERO SETBACK AT WEST PROPERTY LINE
ELECTRICAL SCOPE: CONSISTS OF ADDING 6 LIGHTING ON CIRCUIT 16 AND 6 RECEPTACLES ON CIRCUIT 17. TWO (2)
CEL NG LIGHTS AND THREE (s) EXTERIOR FCO SCONCES TO BE ON LIGHTING CIRCUIT. 6 OUILETS (5 WALL AND ONE
CEILING) TO BE PROVIDED FOR CONVENIENCE
MECHANICAL. SCOPE: NONE
$: GARAGE DOOR TO BE R MALLED BY OWNER HM DOOR TO BE PRIMED AND PAINTED WITH AN BLAMAL
FINISH. COLOR TO MATCH THE HOA APPROVED HOUSE COLOR (EXISTING). TWO OPERABLE VELLUX OR EQUAL
SOLAR OPERATED 2IX46 ROOF WINDOWS ARE OPTIONAL. ROOF WINDOWS TO HAVE SUN SHADEAND MOISTURE
SENSOR INTEGRAL TO OPERATOR
LIFE SAFETY: ALL BEDROOM EGRESS WILL REMAIN UNAFFECTED BY THIS RENOVATION.
HOA APPROVAL THIS GARAGE MODIFICATION WAS APPROVED DURING A NORMALLY SCHEDULED BOARD OF
DIRECTORS MEEMG ON 042214.
THIS PROJECT ADHERES TO THE FOLLOWING CODES:
2006 International BuNng Code (18C), Residential (IRC), Plun!eing (IPC), Mechanical (IMC), Fuel Gas (IFGC), Energy (IECCJ and
Pmperty Maintenance Codes (IPMC), ft 2005 National Electrical Code (NEC).
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121 E Mountain Moming Dr
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520-481-8548
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Roger Lecy
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