The URL can be used to link to this page

Home My WebLink AboutOV7140128-9i-ORRON, 4 ' t •F��/NDED ,9�p� Development and Infrastructure Services Department November 14, 2014 Ked Silvyn, Esq. Lazarus, Silvyn and Bangs, P.C. 4733 E. Camp Lowell Drive Tucson, AZ 85712-1256 Sent via email: ksilvyn(a)Isblandlaw.com RE: Cathey's Sew and Vac Located at 8700 N. Oracle Road Zoning Interpretation (OV714-012) Dear Miss Silvyn, Thank you for submitting a Zoning Interpretation for the Cathey's Sew and Vac business, located at 8700 N. Oracle Road. The purpose of the interpretation is to provide guidance relative to the continuing use and alteration of this property. The property contains an existing retail building and parking lot, which were established in 1973 under Pima County jurisdiction. The northern portion of the property is zoned commercial (C-1) and the southern portion is zoned residential (R-6). Despite the residential zoning designation, the southern portion has always maintained a commercial use because of the existing retail building and parking lot. The commercial development (i.e. retail building and parking lot) on the southern portion of the property is considered to be a legal non -conforming use because it was legally established prior to the residential zoning designation. The applicant has submitted a site plan showing future alterations within the residentially zoned portion of the property. These future alterations include: removing the existing parking lot, installing a landscape buffer yard and developing eleven (11%) percent of their overall building expansion (i.e. 475 square feet divided by 4,385 square feet) within the residentially zoned portion of the property. As specified in Section 29.4, the Oro Valley Zoning Code permits alterations of legal non -conforming uses provided that the proposed alterations are reasonable and meet the standards of the underlying zoning district. The applicant's proposed alterations (i.e. landscape buffer yard, 11% building expansion and parking lot removal) meet this zoning provision because the proposed changes are reasonable and are expected to meet the development standards of the property's residential (R-6) zoning district. To ensure conformance with the residential standards, the applicant must submit a conceptual site plan for a formal review and approval. Below is a notable zoning provision related to the alteration of legal non -conforming uses. A copy of the Zoning Code can be found on www.orovallevaz.00v. Section 29.4 Alteration of Building or Land No existing building or land designed, arranged or intended for or devoted to a use not permitted under the regulations of this Code for the district in which such building or land is located shall be enlarged, extended, reconstructed or structurally altered unless such building and such enlargement, extension, reconstruction and structural alterations and further use hereof conform in every respect with the regulations specified by this ordinance for such district in which said building or land is located, provided nothing herein shall prohibit any reasonable repairs or alterations in a building or land used for such existing purposes. Please contact me if you have any questions. Sincerely, Bayer Vella Planning and Zoning Administrator Planning Permitting Inspection & Compliance Engineering Operations Transit (520) 229-4832 (520) 229-4800 (520) 229-4815 (520) 229-4875 (520) 229-5070 (520) 229-4990 It's in our nature. 11000 N. La Canada Drive • Oro Valley, Arizona 85737 fax: (520) 742-1022 • www.orovalleyaz.gov • LAW OFFICES of Lazarus, Shp & Bangs, P.C. A PROFESSIONAL CORPORATION November 18, 2014 VIA E-MAIL Bayer Vella, AICP Interim Planning Manager Planning Division Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 Re: Catkey's Seiv & Vac, 8700 N. Oracle Rtl.; Response to Request for Adtlitional Information. Dear Bayer: On October 15, 2014, our office submitted to you a letter requesting an interpretation of the Oro Valley Zoning Code (the "Code") as it relates to the Cathey's Sew & Vac retail store at 8700 N. Oracle Rd., APNs 225-14-168A and 225-14-067A (the "Property"). On November 17, 2014, Rosevelt Arellano asked that our office provide the following additional information about the Property in order to assist with this interpretation: • Existing Building Square Footage: The existing building, which is a retail storewith some accessory office space, is approximately 1985 square feet; 4 square feet are located in the R-6 zoned part of the Property. Improved Building Square Footage: The improved building, when complete, will be approximately 4,385 square feet; this includes 3,429 square feet on the first floor consisting of mostly retail and some accessory office space, and 956 square feet of storage on the second floor. Of this 4,385 square feet, only 475 square feet will be in the R-6 zoned part of the Property. In other words, only 10 percent of the building's square footage will be on the R-6 zoned portion of the Property. • Improved Building Uses: In the improved building, the portion of the building in the R-6 zone will contain two uses: approximately half of the area will be office (approximately 5%), and the remaining area will be retail (approximately 5%). 420 Nest Roosevelt Street I Phoenix, AZ 85003-1325 4733 East Camp Lowell Drive 1 Tucson, AZ 85712-1256 602.340.09001602.340.8955 Fax 520.207.44641520.300.9662 Fax • Cathey's Sew & Vac Interpretation Addendum Page 2 Thank you for your attention to our request, and do not hesitate to let me know if there is any additional information we can provide, or anything else we can do to assist you in providing this interpretation. Sincerely, TRoi�wy-�,/ em , Esq. cc: Donny Cathey Rosevelt Arellano Cathey's Sew and Vac Zoning Interpretation Expansion of a Legal Non -conforming Use Request: The applicant is proposing to increase the size of the existing commercial building and relocate the existing parking area. The proposal is not considered a commercial expansion because the existing parking lot and retail building are one in the same (i.e. commercial use). Existing Conditions: • Zoning: C-1 and R-6 • Uses: retail and parking • Building: 1-story, 2,400 sq. ft. • Parking spaces: 25 spaces • Retail building and parking lot established in Pima County prior to 1987 annexation o Both considered legal non -conforming. Proposed Improvements: • Zoning: same • Uses: retail and landscape buffer • Building: 2-story, 4,385 sq. ft. • Parking spaces: 16 spaces Supporting Factors Mentioned in Letter: The existing parking lot and retail building were established in Pima County prior to the Town's annexation o Uses are considered to be legal non -conforming o Zoning Code and ARS permit reasonable alterations to legal non -conforming uses Applicant proposes a reconfiguration (i.e. alteration) of the existing commercial uses within the R-6 portion of the property o Lesser number of parking spaces o Relocate parking area o Increase building size from 1-story, 2,400 sq. ft. to 2-story, 4,385 sq. ft. o Proposed landscape area in existing parking area facing residence The proposed reconfiguration will not change the commercial character of the property nor further impact the adjacent residentially zoned property to the south o Existing parking area will be relocated to the C-1 portion of the property and away from the existing residence o Due to vehicle noise and headlights, the existing parking area has a bigger impact on the adjacent neighbors than the proposed building addition o Proposed building expansion will most occur in C-1 portion of property Supporting Factors Found by Staff: • Since the R-6 portion of the property was platted, the property has never had a residential character • The parking area is an ancillary use to the commercial building OJPIIEV qA/ 20 Z ce` FOUNDED 19�a` Development and Infrastructure Services Department November 24, 2014 Keri Silvyn, Esq. Lazarus, Silvyn and Bangs, P.C. 4733 E. Camp Lowell Drive Tucson, AZ 85712-1256 Sent via email: ksilvyn(aNsblandlaw.com RE: Cathey's Sew and Vac Located at 8700 N. Oracle Road Zoning Interpretation (OV714-012) Dear Miss Silvyn, Thank you for submitting a Zoning Interpretation for the Cathey's Sew and Vac business, located at 8700 N. Oracle Road. The purpose of the interpretation is to provide guidance relative to the expansion of the existing business. The property contains an existing retail building and parking lot, which were established in 1973 under Pima County jurisdiction. The northern portion of the property is zoned commercial (C-1) and the southern portion is zoned residential (R-6). Despite the residential zoning designation, the southern portion has always maintained a commercial use because of the existing retail building and parking lot. The commercial development (i.e. retail building and parking lot) on the southern portion of the property is considered to be a legal non -conforming use because it was legally established prior to the residential zoning designation. The submitted application proposes several alterations to the residentially zoned portion of the property. The proposed alterations include: • Increasing the size of retail building from 4 sq. ft. to 475 sq. ft. into residential zoned property (R-6) • Installing a landscape buffer yard • Removing and relocating the existing parking lot Based on the submitted information, the following interpretation is hereby rendered for the proposed commercial expansion into the residentially zoned portion of the property. The proposed retail expansion is not permitted for the following reasons: 1. As specified in Section 29.4 (Alterations of a Legal Non -Conforming Use) of the Oro Valley Zoning Code, the proposed retail use must be permitted within the property's R-6 zoning designation. The R-6 zoning does not allow retail uses. 2. The proposed retail expansion does not comply with the case law, Arizona Foundation for Neurology and Psychiatry v. Sienerth, which hold that the expansion of a legal non -conforming use shall not be considered an alteration. Although the proposed retail expansion is not permitted, the property owner may choose to develop a professional office within the R-6 zoning designation. This proposed use is permitted within the residential zoning district. If you have any questions, please contact Rosevelt Arellano, Planner, at rrellano@orovalleyaz.gov or (520) 229-4817. Sincerely, Bayer �ella Planning and Zoning Administrator Cc: Rory Juneman, Lazarus, Silvyn and Bangs, P.C. Donny Cathey, Cathey's Sew and Vac Planning Permitting Inspection & Compliance Engineering Operations Transit (520) 229-4832 (520) 229-4800 (520) 229-4815 (520) 229-4875 (520) 229-5070 (520) 229-4990 It's in oin- natin-e. 11000 N. La Canada Drive • Oro Valley, Arizona 85737 fax: (520) 742-1022 • www.orovalleyaz.gov Arellano, Rosevelt From: Arellano, Rosevelt Sent: Wednesday, November 26, 2014 10:06 AM To: Michels, Matthew Subject: Zoning Interpretation for Cathey's Sew and Vac Attachments: FINAL ZONING INTERPRETATION.pdf Matt, Per our team meeting discussion, please add the attached zoning interpretation to the Planning Division website. Below is some suggested language. The Planning and Zoning Administrator has rendered a zoning interpretation for the Cathey's Sew and Vac business located at 8700 N. Oracle Road. Pursuant to Section 21.4.6.9, Powers and Duties of the Planning and Zoning Administrator, of the Oro Valley Code the below zoning interpretation is available for public review. Rosevelt Arellano Planner Development and Infrastructure Services Town of Oro Valley Office: (520) 229-4817 Fax: (520) 742-1022 www.orovalleyaz.gov Caring for our heritage, our community, our future. BUILDING SAFETY DIVISION PROJECT ROUTING Date: November 04, 2014 Building Permit Application Approval PROJECT Name: Address: Plan Review/Permit #: G1400055 Contact #: 520-797-6557 A Building Permit Application has been submitted to the Town Building Safety Division for the aforementioned project. If you have concerns, comments, requirements, or suggestions that would affect the issuance of a building permit, please notify the Building Safety Division as soon as possible. Please return this packet to the Building Safety Division as soon as you have completed your review or if you have access to the Permits Plus system, place your approval and comments in the appropriate location within the system. Separate comment sheets may be used, if necessary. Thank you. Planning and Zoning Review:1 Approved: Denied: Initial/Date: Grading/Engineering Review: Approved Water Utility: Improvement Plans Approved: Fire Flow Available?: ONE SET PLANS Fire Marshal: Approved: Denied: Police: ONE SET FOR FILE Economic Development: ONE SET FOR FILE Denied: Initial/Date: Denied: _ Initial/Date: Initial/Date: