HomeMy WebLinkAboutOV101205Catalina Ridge Lot 39
Zoning Variance
OV1012-05
Engineering Comments, 1st Submittal
David Laws, P.E.
August 27, 2012
The Town of Oro Valley Permitting Division has no Engineering comments regarding
the proposed zoning variance. The requested variance for the front and rear yard
setbacks will not in itself result in hazard to persons or property if granted. However,
the existing sight visibility triangle easement along the west property boundary will must
still be adhered to. Review of other engineering code requirements such as drainage
conveyance will take place at time of Building/Grading Plan submittal for permit.
If you have any questions, please call David Laws at (520)229-4808.
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Development and Infrastructure Services
Planning Division
11000 N La Canada Drive, Oro Valley, Arizona 85737 , 520-229-480 • 52fl(
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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. Conte o r HOA or property management company to
determine all applicable requirements. Initials
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FOR Zoning Variance Note: Submittals are due by noon
Zoning Interpretation ` I r1
Appeal of Administrative Decision CASE NO.: __( V �� [�l b�
NATURE OF REQUEST:
If necessary, please attach a written narrative.
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PHONE: —; �� FAX:
ADDRESS:
city,
OWNER:
ADDRESS:
City
State Zip Email
State An
PROPERTY LOCATION FOR VARIANCE REQUEST:
PARCEL M
CURRENT ZONING:
ATTACHMENTS:
SIGNATURE-0 SAP
-
LEGAL DESCRIPTION:
APPLICABLEEE:
T (ALSO PRINT NAME)
August 13, 2012
Board of Adjustment Application for Zoning Variance
Supplemental Information
Applicant
Subject Property
Name: Bill Leedy
Owner Leedy Family Revocable Trust
Address:
Location: 400 E Haleigh PI — Lot 39
Phone:
Zoning: Oro Valley PAD
Variance Requested:
1. Reduce the front setback to 20 feet as required to place a house not larger than 3,500
square feet equal distance from the east and west Property boundaries.
Please mote that the northern boundary of the Property is set back from
the street approximately 10 feet. As a result, this variance amounts to no -
reduction of the front set back requirement when viewed as a set back
from the street.
2. Reduce the rear setback requirement from 40 feet to 20 feet as required to place a
house not larger than 3,500 square feet equal distance from the north and south
Property boundaries.
Summary Justification:
The variance request is necessitated by a unique set of circumstances or conditions not created
by the owner of Lot 39 ("the Property"). Approval of the variance request does not represent a
grant of special privileges and does not encroach on any surrounding neighbor. Failure to grant
approval of the variance request imposes an unreasonable and unnecessary restriction on the
property rights of the owner of the Property and could have an adverse impact on the welfare
of the community, especially the surrounding neighbors.
The owner of the Property has discussed this variance request with the nearest three existing
neighbors (owner/occupants). None has expressed objection to this variance request.
Exhibits A, B and C include photographs of the Property and vicinity that illustrate how the
elevation of the Property relative to the elevation of the lot immediately to the south of the
Property mitigates the encroachment that might otherwise occur by granting the variance
request. They also illustrate how failure to grant the requested variance would result in a very
unattractive location of the house on the Property.
Exhibit D illustrates how even a 2,500 square foot house located to the far west of the Property
would require a modest set back variance.
Exhibits E and F illustrate the set back variance required for centrally locating on the Property a
3,000 square foot house and a 3,700 square foot house.
Exhibits G and H illustrate the requested set back variance for both the 3,000 and 3,7000
square foot houses centrally located on the Property.
Supplemental Information:
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?
Yes. The relatively wide, below average size and trapezoidal shape of Lot 39 ("the
Property), as well as th6 elevation of the Property relative to the lot to the rear of the
Property, are unique within the Catalina Ridge subdivision.
The Property is approximately 154 feet along it western boundary and only
approximately 75 feet along its eastern boundary. After imposing the front 30 foot and
rear 40 foot setback requirements, the building envelope is reduced to approximately 5
feet at the eastern boundary. This circumstance is the result of the combination of the
general layout of the subdivision and the location of the Haleigh Place turn -around
which combine to significantly reduce the width of the east half of the Property.
Catalina Ridge has 45 lots. The average lot size is approximately 27,500 square feet.
The Property is 19,847 square feet, 28% smaller than average. Only? of the 45 lots in
Catalina Ridge are smaller than 19,000 square feet. The combination of the size and
shape of the Property are what constitutes the special circumstances or conditions.
We are considering a variety of floor plans offered by several builders active in Catalina
Ridge. These floor plans range from 2,900 to 3,700 square feet. All represent a nearly
square envelope shape with optimal construction cost and energy efficiency. Without
approval of the variance requested, we would be forced to build a smaller house with
higher cost and lower energy efficiency that is located entirely within the western half of
the Property. In addition to being an unreasonable burden on us, such a result would be
aesthetically awkward and materially inconsistent with the architectural character of
the community. It would also, more than likely, be viewed unfavorably by current and
future neighbors.
The northern boundary of the Property is set back from the street approximately 10
feet. As a result, the front set back variance requested actually amounts to no front set
back requirement reduction when viewed as a set back from the street.
Finally, the requested rear setback requirement variance does not represent a
significant encroachment on the future neighbor to the rear as the Property is
approximately 15 feet higher than the elevation of the lot to the rear. This elevation
difference eliminates any view potential to the north and requires that the primary
focus of view opportunities and outdoor activities be on the south side of this lot to the
rear of us.
2. Are there special circumstances that exist that are not self imposed or created by the
owner/applicant?
Yes. None of the special circumstances described in the response to item 1 above were
created by the owner/applicant.
3. Is the authorizing of the variance necessary for the preservation and enjoyment of
substantial property rights?
Yes 11-h addition, absent approval of the variance request, the house would necessarily =-
be located entirely within the west half of the Property, an aesthetically awkward result
that could have an adverse impact on neighboring property values.
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?
Yes. Approval of the requested variance does not constitute a grant of special privileges
but rather gives us the opportunity to design a house and locate it on the Property in a
manner that is consistent with the aesthetic and architectural character of the
neighborhood including the houses that have been built thus far.
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. The variance requested is the minimum necessary to afford relief. In fact, as
described in the response to question 3 above, failure to approve of the requested
variance could have an adverse impact on the welfare of neighborhood, especially the
surrounding properties.
August 13, 2012
Board of Adjustment Application for Zoning Variance
Supplemental Information
Applicant
Subject Property
Name: Bill Leedy
Owner Leedy Family Revocable Trust
Address: 12222 N. Cloud Ridge Dr.
Trustee: Bill and/or Marianne Leedy
Oro Valley, AZ 85755
Location: 400 E Haleigh PI — Lot 39
Phone: 520-344-9759
Oro Valley, AZ 85737
E-Mail: Leedyjr@yahoo.com
Zoning: Oro Valley PAD
Variance Requested:
1. Reduce the front setback to 15 feet as required to place a house not larger than 3,500
square feet equal distance from the east and west Property boundaries.
Please note that the northern boundary of the Property is set back from
the street approximately 10 feet. As a result, this variance amounts to a
reduction of the front set back requirement of only 5 feet when viewed
as a set back from the street.
2. Reduce the rear setback requirement from 40 feet to 20 feet as required to place a
house not larger than 3,500 square feet equal distance from the north and south
Property boundaries.
Summary Justification:
The variance request is necessitated by a unique set of circumstances or conditions not created
by the owner of Lot 39 ("the Property"). Approval of the variance request does not represent a
grant of special privileges and does not encroach on any surrounding neighbor. Failure to grant
approval of the variance request imposes an unreasonable and unnecessary restriction on the
property rights of the owner of the Property and could have an adverse impact on the welfare
of the community, especially the surrounding neighbors.
The owner of the Property has discussed this variance request with the nearest three existing
neighbors (owner/occupants). None has expressed objection to this variance request.
Exhibits A, B and C include photographs of the Property and vicinity that illustrate how the
elevation of the Property relative to the elevation of the lot immediately to the south of the
Property mitigates the encroachment that might otherwise occur by granting the variance
request. They also illustrate how failure to grant the requested variance would result in a very
unattractive location of the house on the Property.
Exhibit D illustrates how even a 2,500 square foot house located to the far west of the Property
would require a modest set back variance.
Exhibits E and F illustrate the set back variance required for centrally locating on the Property a
3,000 square foot house and a 3,700 square foot house.
Exhibits G and H illustrate the requested set back variance for both the 3,000 and 3,7000
square foot houses centrally located on the Property.
Supplemental Information:
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?
Yes. The relatively wide, below average size and trapezoidal shape of Lot 39 ("the
Property), as well as the elevation of the Property relative to the lot to the rear of the
Property, are unique within the Catalina Ridge subdivision.
The Property is approximately 154 feet along it western boundary and only
approximately 75 feet along its eastern boundary. After imposing the front 30 foot and
rear 40 foot setback requirements, the building envelope is reduced to approximately 5
feet at the eastern boundary. This circumstance is the result of the combination of the
general layout of the subdivision and the location of the Haleigh Place turn -around
which combine to significantly reduce the width of the east half of the Property.
Catalina Ridge has 45 lots. The average lot size is approximately 27,500 square feet.
The Property is 19,847 square feet, 28% smaller than average. Only 7 of the 45 lots in
Catalina Ridge are smaller than 19,000 square feet. The combination of the size and
shape of the Property are what constitutes the special circumstances or conditions.
We are considering a variety of floor plans offered by several builders active in Catalina
Ridge. These floor plans range from 2,900 to 3,700 square feet. All represent a nearly
square envelope shape with optimal construction cost and energy efficiency. Without
approval of the variance requested, we would be forced to build a smaller house with
higher cost and lower energy efficiency that is located entirely within the western half of
the Property. In addition to being an unreasonable burden on us, such a result would be
aesthetically awkward and materially inconsistent with the architectural character of
the community. It would also, more than likely, be viewed unfavorably by current and
future neighbors.
The northern boundary of the Property is set back from the street approximately 10
feet. As a result, the front set back variance requested actually amounts to a front set
back requirement reduction of only 5 feet when viewed as a set back from the street.
Finally, the requested rear setback requirement variance does not represent a
significant encroachment on the future neighbor to the rear as the Property is
approximately 15 feet higher than the elevation of the lot to the rear. This elevation
difference eliminates any view potential to the north and requires that the primary
focus of view opportunities and outdoor activities be on the south side of this lot to the
rear of us.
2. Are there special circumstances that exist that are not self imposed or created by the
owner/applicant?
Yes. None of the special circumstances described in the response to item 1 above were
created by the owner/applicant.
3. Is the authorizing of the variance necessary for the preservation and enjoyment of
substantial property rights?
Yes. In addition, absent approval of the variance request, the house would necessarily
be located entirely within the west half of the Property, an aesthetically awkward result
that could have an adverse impact on neighboring property values.
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?
Yes. Approval of the requested variance does not constitute a grant of special privileges
but rather gives us the opportunity to design a house and locate it on the Property in a
manner that is consistent with the aesthetic and architectural character of the
neighborhood including the houses that have been built thus far.
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. The variance requested is the minimum necessary to afford relief. In fact, as
described in the response to question 3 above, failure to approve of the requested
variance could have an adverse impact on the welfare of neighborhood, especially the
surrounding properties.
View from across the street looking southeast
View from across the street looking east
View from across the circle looking southwest
Placing the house on the extreme
western half of the Property would look
very awkward and inconsistent with the
location of the other houses in the
neighborhood especially the three other
existing and new houses on the same
street.
Exhibit B
Picture taken from south edge of the first lot to the south of
the Property
Picture taken from south edge of the second lot to the south of
the Property
Encroachment is not an issue as the lot immediately to the south of the
Property is at an elevation 15 feet below the elevation of the Property.
Additionally, the focus of the lot to the south will be south primarily and
east secondarily.
Exhibit C
Taken from center of Property facing south, no neighbor
Taken from center of Property facing north; house is
builder's model, across the street and two lots away
Taken from center of Property facing west; neighbor
contacted, no objection to proposed variance
Taken from center of Property facing east; neighbor
contacted, no objection to proposed variance
Exhibit D
This drawing
illustrates that even
an —2,500 square foot
house located in the
far western half of the
Property requires a
modest set back
variance.
4
E
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Dp;INAGE ESMT.� a ��
Exhibit E
N�
This drawing illustrates
an N31000 square foot
floor plan centrally
located on the Property.
r
E MT.
V - umA NAGS i,
Exhibit F
N
This drawing illustrates
an —31700 square foot
floor plan centrally
located on the Property.
Exhibit G
Nt
This drawing illustrates
an —3,000 square foot
house centrally located
on the Property with
the existing and
requested set back
requirements indicated.
9
Exhibit H
N
This drawing illustrates
an —3,700 square foot
house centrally located
on the Property with
the existing and
requested set back
requirements indicated.
OVZC 23.5.C.l.b
For multiple frontage lots, a 20 foot setback must be maintained adjacent to any public or private street.
The Town Engineer and Planning and Zoning Administrator may reduce this requirement for side
setbacks, but in no case may the setback be less than that required by the zoning district.
OVZC 25.2.D.
Swimming Pools
1. No swimming pool shall be located closer than 5 feet to any rear property line.
2. Swimming pools shall be subject to the front and side setbacks of the zone in which they are
permitted.
Page 1 of 2
Hayes, Patty
From: Bill Leedy [
Sent: Tuesday, September 18, 2012 4:11 PM
To: Hayes, Patty
Subject: Re: Variance case for lot 39 River's Edge/Canada Del Oro Estates
That's perfect. Our preference is for a Haleigh driveway access.
Cheers,
Bill
Sent from my Verizon Wireless B1ackBerry
From: "Hayes, Patty" <phayes@orovalleyaz.gov>
Date: Tue, 18 Sep 2012 16:07:49 -0700
To:
Subject: RE: Variance case for lot 39 River's Edge/Canada Del Oro Estates
Mr. Leedy,
Thank you for the return email.
The driveway access into the lot must remain on Haleigh regardless of setbacks. You can turn the house
or garage any angle within those setbacks as long as you drive in and out on Haleigh.
I hope that answered your question. If not, please let me know.
Thank you,
Patty Hayes
Zoning Plans Examiner
Development & Infrastructure Services Department
Town of Oro Valley
520-229-4819 (office) 520-742-1022 (fax)
From: Bill Leedy [
Sent: Tuesday, September 18, 2012 4:00 PM
To: Hayes, Patty
Subject: Re: Variance case for lot 39 River's Edge/Canada Del Oro Estates
Hi Patty! !
We've reviewed your draft letter and it gives us the flexibility we needed. Is it the case that the
flexibility you've indicated is not affected by location of the driveway on Haleigh?
Unless the driveway is an issue we have no objection to withdrawing our variance application
and cancelling our item on the BOJ meeting later this month.
Thanks for your help.
Cheers,
Bill
Sent from my Verizon Wireless B1ackBerry
09/18/2012
Page 2 of 2
'fine.
I look forward to hearing from you and please let me know if you have any questions.
Thank you,
Patty Hayes
Zoning Plans Examiner
Development & Infrastructure Services Department
Town of Oro Valley
520-229-4819 (office) 520-742-1022 (fax)
09/18/2012
18.23.030 - Development standards —General.. -
A.
B.
C.
D.
Minimum lot area: Sixteen thousand square feet.
Minimum area per dwelling unit: Sixteen thousand square feet.
Minimum lot width: Eighty feet.
Minimum yard requirements:
1.
2.
3.
E.
F.
Front: Thirty feet;
Side: Ten feet each;
Rear: Forty feet.
Building height limitations:
1.
2.
Maximum height: Thirty-four feet;
Maximum stories: Two.
Minimum distance between main buildings: Twenty feet except as required in
Section 18.09.0201) (General Residential and Rural Zoning Provisions) for a
rear dwelling
Pima County Zoning Code 18.03.020 - Definitions —
A.
Definitions "A."
10.
Lot line, front:
a.
Y.
701
Definitions "Y."
1.
2.
In the case of a lot abutting only one street, the line
separating such lot from the street;
In the case of a comer or through lot, the owner may elect
any street lot line as the front lot line, provided such choice, in
the opinion of the zoning inspector, will not be injurious to the
existing or desirable future development of adjacent
properties.
Yard: An open and unoccupied space on a building site and, except
as otherwise provided in this code, open and unobstructed from the
ground to the sky.
Yard, front: A yard extending full width of the building site between
the front lot line and the nearest line of the main building or the
nearest line of any enclosed or covered porch.
NOTICE OF CANCELLATION OF PUBLIC HEARING
Oro Valley Board of Adjustment
The Board of Adjustment hearing scheduled for Tuesday, September 25, 2012 at 3:00
p.m. has been cancelled.
OV1012-05, Request for a Variance for Lot 39 of the River's Edge/Canada De Oro
Estates to reduce the required front and rear yard setbacks, located southeast of
Naranja Drive and Joy Faith Drive.
For questions and additional information, please contact Patty Hayes, Zoning Plans Examiner,
at (520) 229-4819 or phayes@orovalleyaz.gov.
POSTED:
TIME:
BY:
SApermplus\docsW1012-05\Z_Cancel notice 9-12-12.doc
r
NOTICE OF PUBLIC HEARING
Oro Valley Board of Adjustment
The Board of Adjustment will hold a public hearing on
Tuesday, September 25, 2012, 3:00 p.m.
Oro Valley Town Hall, 11000 N. La Canada Dr.
Oro Valley, Arizona
Request for a Variance for Lot 39 of the
reduce the required front and rear yard
Drive and Joy Faith Drive, OV1012-05.
River's Edge/Canada De Oro Estates to
setbacks, located southeast of Naranja
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.
POSTED: 09/07/2012
TIME: 4:00 P.M.
BY: rmf
SAPERMPLUSTOMOV1 01 2-052B of A notice 9-25-12.doc
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W
S
L I bTHE DAIN TERRITRIAL
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Manager 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
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NOTICE OF HEARING
Town of Oro Valley
River's Edge/Canada De Oro Estates
OV 10 1 2-05/September 25, 2012
was printed and published correctly in the regular and entire issue of said THE DAILY
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otary Public in and for the County of Pima, St C of Arizona
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