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HomeMy WebLinkAboutOV100806/ / 1/2- IRON PIN �! 7, TAGGED: PE 4397 ro � / TOPS w E TOP / LOT 46 PARCEL 224-27-1580 7\ro 00 ory 4 ^ w TOP RV GARAGE AND STORAGE ROOM / 1,219 SQUARE FEET-- F.F,E. = 2677,00' OUTDOOR KITCHEN [7 F.F.E. = 2676.68' / TCP 2676.6' RAMADA I ROOF DECK 340 SQUARE FEETLEA 7pt0 T7- FIEL 2682 FIEL — III 1/2" IRON PI / 3' PLAN 2 7\ ' AN ` SEPTIC TAGGED: PE 4397 ,TOE MESQUITE TREE TO BE REMOVED ryb 4' 33'.8. \ �. ay\ 2 76 Ox � EXISTING DWELLING F.F.=2676.64' 'LAGSTON COVERED ° ENTRY \ 1 LOT 85 111 PARCEL 224-27-1970 I 1 ACCESORY STRUCTURE SQUARE FOOTAGE TOTAL SIDE AND REAR YARD 16,688 ALLOWED TOTAL ACCESSORY STRUCTURE SQUARE FOOTAGE TOTAL SIDE AND REAR YARDAT IVA 1,559 SCU. FT. I \ \S. RV GARAGE, STORAGE, AND OUTDOOR KITCHEN ROOF DECK 1,500 SCU. FT. S I 1 I I 1 I I I S 9i?j, TOTAL NEW ACCESSORY STRUCTURE(S) ROOF AREA 1,500 SOU, FT. I 3�,WA �Sy3 JrP„ d \ SS � SRO �RJ 3• �q( J4•• / X 2676.1' �.. 3' WALL WALL 3' GATE PY X 2672.8' / \LT 47 X 675.267 X KTCHOUTDOR N\ PAR ELO 24-27-1590 / FLAGSTONE 5' GATE \ POOL \� X 671.5' \ \ JACUZZ / \ 2652.5' / \ 2� GATE , FF� LOT 84 a N/ s38•�14� \ \ ? P ,BOOK 27, PAGE 99, M&P LOwL E 45905.40 50. FT. •?J4�\ 1.08 ACRES 93. 0• Pai2CEL 224-27-158E 11025,GUAVA DRIVE l I I I I I I I i I I I f / 1 I I / / / 1 �I��IA2" IRON P1 A O SAGGED: LS 131 5 1 \ \ \ 2642.2` / \ /e O`-pg0 y1 / 2638.5' LOT 83 'y PARCEL 224-27-1950 1/2-IRON PI / TAGGED: RLS 25405 / ( TIN AGGEDO P PE 4397 lb `* V PRELIMINARY #4 SITE PLAN SCALE: i" = 20'-0" 1- JQ.h o " WALL 2637, 5' � HT .(V RIES)S) COLUMN / 2641.1,1 �2641.34' TC�� .WI •--y��l,�- , r � guild LEGAL DESCRIPTION: to MONTE DEL ORO LOT S4 PARCEL 0224-27-15BE STREETADDRESS: 11025 N. GUAVA DRIVE ORO VALLEY, ARIZONA 85737.6502 PRELIMINARY NOT FOR CONSTRUCTION UNE IS 2 INCHES AT "LL SIZE (T N07 2"-SCALE ACCORDINGLY) Copyright 2008 Herrington DAP, LLC. All rights rosemed. z z 21 i D C� z L0 0 6 t4MAE FGN DATE arzsme SCALE AS NOTED CHECKED FGH SHEET C-1 OF SHEETS C080203 BRACED WALL PANEL LEGEND 2'-8" BRACE PANEL w/A.B.'s AND HOLD ls,g ® 1k• R602.10 B 2R INSTALL (2) PAHD42 EA. `\ PANEL. FASTENER SCHEDULE: EDGE=6d COMMON 0 G' O.C., INTERMEDIATE 12'-01/4• 4'A• 31'-812• SUPPORTS =Bd COMMON ® 12" O.C. 12'4" 19'-212• ( SEA 7714G BENCH 4'-0" BRACE PAN EL wl A.B.'s PER 2006 IRC 11602.10A.1 & R602.10.6.2. FASTENER _✓ SCHEDULE: EDGE=6d COMMON ®6'O.C., a INTERMEDIATE SUPPORTS=Bd COMMON UP ®12° O.C. y OUTDOOR GAS BEEHIVE FIREPLACE � � � tsW BBO \\� e� WALL LEGEND: ® SIDE NEW MASON RY WALLS �� CO BURNER ° WiR SHOWER LAV O NEW FRAME WALLS _- T O • O G G REFRIG EF BATH 77777777777777777 2888 J �-I L r� ur SINK DOOR I �J I Ln OUTDOOR KITCHEN 2k4' SKYLIGHT, L 340A_%LFT. UN DERROOF TYP,r� --- �-i 9 ICLG -MASONRY - _ — MASONRY COLUMN,TYP. 7 STORAGE ROOM ; 304 SOU, FT. \ ----_ ���� MASONRY RETAINING RETAINING WALL, TYP. ROOF DECK 0 PAIR 9_CLG /T 2068 3088 1 I WALL, TYP. DOOR DOORS 0 r� - I RV WASTE DRAIN 0 RV GARAGE 9 v MASONRY RE7AININO 915 SOU. FT. WALL, TYP. Z2xe 142.CLG \ ----y 2k4' SKYLIGHT, 2 FRAME WALL w/ TYP, R-19 BATT INSUL. AND 1• EXTERIOR FOAM AND STUCCO TO MATCH EXISTING RESIDENCE, TYP. f--------------1 ITWIDE x 1THIGH GARAGE DOOR I EXISTING FOUNTAIN TO REMAIN I I I I I I' I �\ I I I I I I I I I i I I I �I PRELIMINARY te'-5tra Ira• 12'-0• 20'-412• NOT FOR CONSTRUCTION LINE IS 2 INCHES PRELIMINARY #4 FLOOR PLAN (IF NOT 2'T CALE ACCORDINCLh SCALE: 1/4" = 1'-O" Copyright 2008 Herrington DAP, LLC. All rights reserved. NAME FGH DATE a28108 SCALE AS NOTED CHECKED FGH SKEET A-1 OF SHEETS JOB NO. 080203 NATURAL GRADE NATURAL GRADE OUTDOOR FIREPLACE CHIMNEY RETAIN ---------------------------------- R RAMADA/ROOF DECK TOP OF MASONRY RETAWNO WALL N>t --------------------- ti I I I STORAGE ROOM OUTDOO R b OUTDOOR KITCHEN RV GARAGE OUTDO BEEHIVE FIREPLACE RV TURNING BAY AND ADDITIONAL PARKING I PRELIMINARY FRONT ELEVATION FlrslSCALE: 1/4" = 1'-0" O o --- ------------------ ___==== STUCCOOVER � z ------------------------ — _--------------------------------- FRAME WALL W N M RV GARAGE I ---------------=--= OUTDOOR FIREPLACE I ROOF DECK STUCCOOVER CHIMNEY MASONRYWALL n i STORAGE ROOM I I I OUTDOOR KITCHEN I I RV TURNING BAY AND ADDITIONAL PARKING I I I PRELIMINARY REAR ELEVATION SCALE: 1/4" = 1'-O" RV GARAGE RV TURNING BAY AND ADDITIONAL PARKING PRELIMINARY RIGHT SIDE ELEVATION SCALE: 1/4" = 1'-O" I I II I I I II I I I ------1--------- L1 ----- � -------------------- STORAGE ROOM OUTDOOR KITCHEN / PRELIMINARY LEFT SIDE ELEVATION SCALE: 1/4" = 1'-0" IRY RETAINNG WALL NATURAL GRADE RV GARAGE PRELIMINARY NOT FOR CONSTRUCTION LINE IS 2 INCHES AT FULL SIZE (IF NOT 2--SCALE ACCORDINCLY) Copyright 2000 Herrington DAP, U.C. All rights reserved. Z N Ix a UJI Q_ Q 0 Z m LID Y N O o zz a �Z > o °�J tMAE FGH DATE 44=8 SC4LE AS NOTED CHECKED FGH SHEET A-2 OF SHFFTE JDD NO. 080203 MINUTES ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION J U LY 22, 2008 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE CALL TO ORDER - 3:00 p.m. ROLL CALL PRESENT: John Hickey, Member Colleen Kessler, Member Paul Parisi, Member Bart Schannep, Member Member Schannep served as Chair for the meeting of July 22, 2008. MINUTES Approval of the Minutes of June 13, 2008 MOTION: A motion was made by Member Hickey and seconded by Member Kessler to approve the minutes of June 13, 2008 as corrected. MOTION carried, 4-0. CASE NO: OV10-08-06, Lorne and Marilyn Brown request a variance from the required 15' rear yard setback to 10'. Subject (parcel #224- 27-158E) located at 11025 N. Guava Drive, Oro Valley, AZ, 85737. Chair Schannep swore in the witnesses intending to testify. Rick Herrington, Herrington DAP Architectural Designers and Planners, commented that a correction should be made to the Staff report noting that it was a request for the rear yard setback (not side yard). He then explained that they designed the structure (detached garage, patio and storage building) to have the least impact on neighbors. He explained that the structure would protrude 6-8 feet above grade on the high end of property but it will not obstruct views. Mr. Herrington also reported that there is no negative impact on drainage to this property or the neighbors' property. He also explained that the retaining walls would be engineered and approved by the Oro Valley Building Safety Department. Lorne Brown, applicant, explained that the purposed detached garage is being constructed to house a recreational vehicle (RV). He further explained that the smaller adjacent building is for storage purposes and that there is an outdoor kitchen/patio area planned. 07/22/08 Minutes, Board of Adjustment 2 Mr. Herrington explained that the overall height of the proposed buildings would not exceed the height of the existing residence. In response to a question from Member Kessler, Mr. Brown explained that he does not currently own an RV but wants to provide a place for storage before purchasing. He explained that their Homeowners Association (HOA) requires that recreational vehicles be in an enclosure to store on their property. Discussion followed regarding access, parking and maneuverability of the RV, rotation of the garage, required rear and side setbacks, most optimum design, letter from HOA approving the tentative construction of the RV garage, the property sits approximately 38 feet above the level of the street and the outdoor kitchen/patio area. Patty Hayes, Zoning Inspector, reviewed the Staff report highlighting the following: Applicant is requesting to build a detached garage, patio and storage building with a 5 foot encroachment in the rear yard setback (10 feet from property line). Rear yard setback for a detached accessory building is 15 feet in a R1-43 zoning. Tentative approval from HOA was received. Staff received an e-mail from the resident two houses to the north in opposition to this case as he felt his views would be compromised. Neighbor to the south called stating that they had no objections. In response to a question from Member Kessler, Ms. Hayes confirmed that a detached storage garage is a permitted use on this property. She also explained that the Town will allow parking of RVs on the lot but the HOA requires that they be in a garage. In response to a question from Chair Schannep, Ms. Hayes explained that the turning radius and size of the RV would determine whether or not the garage alone (without the patio/outdoor kitchen) would fit within the required setback. In response to a question from Member Hickey regarding the plot plan, Ms. Hayes explained that the stairs are not part of the variance. Member Kessler further commented that if they moved the garage and angled it, then they could pull straight in; however, backing down the steep driveway would not be feasible. She stated that she felt that they needed the turn around space in order to be safe since the lot was not flat. Ms. Hayes confirmed that backing out of the driveway into the street would be a safety issue regardless of the elevation of the lot. 07/22/08 Minutes, Board of Adjustment. Chair Schannep opened the public hearing. There being no speakers, the public hearing was closed. Mr. Herrington confirmed that backing out into street would be very dangerous. He explained that there is a curve by the driveway so oncoming traffic would not be able to see the RV exiting. However by driving forward, the applicant can see any oncoming traffic. MOTION: A motion was made by Member Hickey and seconded by Member Kessler to approve OV10-08-06, a request to reduce the rear yard setback from 15 feet to 10 feet. Member Hickey commented that he looked at the minimum that it would take to complete this project. He stated that the structure is required by the HOA and it seems that the applicants have done the best that they can with the property limitations. He stated that in his opinion, the variance meets the five criteria. Chair Schannep commented that in order to maintain property rights, the Board has a history of granting variances for garages or other structures that may have not been built with the original structure when it appears that the surrounding neighbors all have one. He stated that he was having a hard time with Finding B "special circumstances were not created by the owner or applicant". He stated that everyone does not have an RV garage and it will be infringing on the setback because of the outdoor patio/kitchen area. Member Hickey commented that the corner would still be within the 10 foot mark without the other structures. He stated that the applicant has stated that the best and safest way to park the vehicle is to have the garage angled. He said that due diligence has been done by the applicant. Member Hickey also commented that it is not the Boards business to tell people what they can buy but more how they use their property. Member Kessler commented that she sympathizes with the neighbor that e- mailed about possible blocked views. However, the applicants are allowed to build a garage on the lot and it is an allowable height. She stated that even if they didn't purchase the RV, they could still build this structure. Member Kessler stated that she was struggling with Finding C "necessary for the preservation and enjoyment of personal property rights" as she was not certain that it would affect the enjoyment of their property. Member Hickey commented that the HOA has the effect of a government agency and it is requiring them to build the structure. He stated that the Board can not tell the applicant that they can not buy an RV. Member Parisi commented that this variance is strictly a setback issue and that it meets the 5 criteria. 07/22/08 Minutes, Board of Adjustment 4 Chair Schannep stated that he would not support this variance request as he felt that it was not a special circumstance. He stated that he believed that the garage could be situated within the required setback. MOTION carried, 3-1 with Member Schannep opposed. 2. CASE NO: OV10-08-07, Ventana Medical Systems request a variance from the allowed 36' building height to 47'6". Subject (parcel #219-20- 8170) located at 1910 E. Innovation Park Drive, Oro Valley, AZ 85737 Chair Schannep swore in the witnesses intending to testify. Gregg Forszt, Ventana Medical Systems, explained that they renovating an existing building from office space to lab space which will require larger air conditioning units. He explained that they are requesting a variance to increase the building height to 47 feet 6 inches to allow for screening of the HVAC units. He then reviewed the building layout depicting the screen walls that would be required to hide the new HVAC equipment and exhaust stacks that would be on the top of the building. Terrel Thomas, Advantech Architects, explained that the tallest exhaust stack is set back towards the center of building. Mr. Forszt further explained that as required by the Rancho Vistoso Planned Area Development (PAD), the plans were submitted to the Rancho Vistoso Homeowners Association (HOA) for approval. Discussion followed regarding: Current building is approximately 60,000 square feet and about one third of the space is lab space so there are already high screening walls installed on portions of the building. Air exchange requirements for lab space are considerably different than for office space. 100% of the air must be taken out of the building at least 30 times an hour. (Office setting is 10 - 15 times per hour). Another building exists on their campus that is over the 36 foot limit. Screen walls are metal louvers and will be painted to match what currently exists. Patty Hayes, Zoning Inspector, reviewed the staff report highlighting the following: Ventana Medical Systems is remodeling the interior of an existing building from office space to a laboratory. Remodeling requires the addition of large rooftop air conditioning and venting units. Screening requirement exceeds allowed 36 foot height. 07/22/08 Minutes, Board of Adjustment Campus Park Industrial zoning does not provide for a 10 foot allowance for screening requirements as other zoning districts do. Staff has not received any comments on this variance request. In response to a question from Member Kessler, Chief Civil Attorney Joe Andrews explained that the near -by Sanofi Aventis project has a 46 foot height but because it was new construction, their building height was approved through the Development Review Board and the Council. Chair Schannep opened the public hearing. There being no speakers, the public hearing was closed. In response to a question from Member Hickey, Mr. Forszt explained that in order to get screen walls to be engineered so that they mechanically fit on the rooftop, they must be close to the parapet wall so that the existing rooftop does not collapse. Member Hickey also questioned whether the HVAC units could be moved elsewhere on the campus so that a variance would not be required and that the potential for lightening hits would be reduced. Mr. Forszt stated that they could possibly place them in the parking lot (but it is in the front of the building). However, this would cause mechanical issues in forcing the air into the building. He also explained that they have 67-68 units on the rooftop and some them have been hit by lightening but they have provided grounding which helps mitigate the problem. Mr. Forszt then reviewed the site layout and explained that they were very limited to space near the existing building for installation of HVAC units on the ground. MOTION: A motion was made by Member Parisi and seconded by Member Kessler to approve OV10-08-07, a request to increase the building height from 36 feet to 47 feet 6 inches. Member Parisi stated that this variance request meets the criteria and it was an unusual circumstance. Member Kessler stated that if the applicant were to construct the building "from scratch", they would be probably be allowed 46 feet. She stated that they are only asking for 1 1/2 feet over that. She stated that she did not think that it was a special privilege since there is another building in the immediate area that is already 46 feet in height. Chair Schannep stated that he supports the motion. MOTION carried, 3-1 with Member Hickey opposed. ADJOURNMENT 07/22/08 Minutes, Board of Adjustment MOTION: A motion was made by Member Hickey and seconded by Member Kessler to adjourn at 3:45 p.m. MOTION carried, 4-0. Prepared by: Roxana Garrity, CIVIC Deputy Town Clerk ORO VALLEY PLANNING AND ZONING DIVISION BOARD OF ADJUSTMENT REPORT CASE NO: OV 10-08-06 Hearing Date: Agenda Item No.: Prepared By: REQUEST: July 22, 2008 Patty Hayes, Zoning Inspector Lorne and Marilyn Brown request a variance from the required 15' rear yard setback to 10'. Subject parcel: #224-27-158E, located at 11025 N. Guava Drive, Oro Valley, AZ 85737. REQUEST SPECIFICS: Lorne and Marilyn Brown request approval to build a detached garage, patio and storage building on their property with a 5' encroachment into the rear yard setback. The required side yard setback in an R1-43 zone is 15' for detached accessory buildings. The proposed addition would reduce the setback to 10'. SITE LOCATION: This property is lot 84 of the Monte Del Oro subdivision located at Naranja Drive, 3/4 of a mile east of La Canada Drive. NOTIFICATION: All property owners within 300 feet of this property were notified of this hearing by mail. The property is posted with a notice of hearing, posted online at www.orovalleyaz.gov and was advertised in the Daily Territorial. At the time of this report preparation, staff has received tentative approval from the homeowner's association. Staff has received one email from a neighbor two houses north of the subject property in opposition to this case. EXISTING LAND USE AND ZONING: Subject property — Existing house zoned R1-43 North - Existing house zoned R1-43 West- Existing house zoned R1-43 East- Existing house zoned R1-43 South - Existing house zoned R1-43 IN SITE INFORMATION: Monte Del Oro is a 187 lot subdivision recorded in Pima County in 1976. The subdivision was annexed into the Town of Oro Valley in 1987. Subject property is a 1.1 acre rectangular lot. The lot slopes more than 38' downward from the house to the front of the lot. SUMMARY: Finding of Facts: • The R1-43 residential zoning district has a required 40' rear yard set back for the main house. Section 23.6.E.1 of the OVZCR allows detached accessory buildings to have a 15' rear yard setback. • The existing house was built in 1999, with a finished floor elevation more than 38' above the street. • The placement of the existing house and the required 20' side yard setback does not allow space for an addition to be built in the side yards. • Detached accessory buildings cannot be located closer to the front lot line than the main house per OVZCR 23.6.A.3. Moving this detached building to the front of the property would also require an application for a variance. • The applicant states that the need to move the garage closer to the rear lot line is to provide safe maneuverability of a recreation vehicle on the steep driveway. • The OVZCR section 23.6.C.2.iii allows stairs to project 4' into the setback. • The house north (right) of the subject property is approximately the same elevation as the subject house. • The house west (rear) of the subject property is at a slightly higher elevation than the subject house. The Board of Adjustment should consider the following findings in making its decision: A. 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 B. That special circumstances were not created by the owner or applicant; and C. That the authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights; and D. 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 E. 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. 2 SUGGESTED MOTION: The Board may wish to consider the following motions: I move to [approve, approve with conditions, or deny] OV 10-08-06, a request to reduce the rear yard setback from 15' to 10' . ATTACHMENTS: 1. BOA application 2. Location map 3. Ariel photo F:\OV\OV 1 0\2007\1 0-08-06\REPORT.doc SaZh More, FAICfht Planning and Zoning Director J�►E. a� TW OF ORO VALLEY Deo i + �O,`y PLANM+6G,& ZONING DIVISION 11,000 N. LA CANADA DRIVE ORO VALLEY AZ 85737 Phone: (520) 229-4800 Fax: (520) 742-1022 , QED BOARD OF ADJUSTMENT APPLICATION FOR: /zoning Variance Zoning Interpretation _ Appeal of Administrative Decision APPLICANT: L-:OKNVt lxl &V=t L.YM PHONE: FAX: ADDRESS: (1025 M ► GUAVA -L--)fZ . _ i Note: Submittals are due by noon CASE NO.: OWNER: 6A M E AS AWL. CAN1 . ADDRESS: _ �ArVi S PPL-1 CANJI , 10 O2� PROPERTY LOCATION FOR VARIANCE REQUEST: 1 LL A - PR - F PARCEL#: 224-27-16SELEGALDESCRIPTION: 11/IpKM DeL QQD 1-.0"ra+ CURRENT ZONING: 9 t' 4-55 APPLICABLE FEE: ATTACHA ENTS: S iTt 'FUO . P10f)V— i?LAIJ . k E)C(-9Q1C)V— ULE11!zr,, SIGNA OF AP ANT (ALSO PRINT NAME) DATE Please provide the following information addressing I - 5 in the Findings from Section 21.6 I of the Oro Valley Zoning Code Revised (OYZCR). In order -to authorize a variance request, the Board will be searching for sufficient evidence in accordance with the findings. 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? ANSWER The property is unique in two ways. First, the lot was established on a steeply sloping hill with the lowest point of the lot -being adjacent to Guava Drive; second, the main residence is constructed high on the hill close to the rear property boundary. Refer to the Site Plan on sheet C 1 for additional information. We discussed with the Architectural Control Committee (ACC) of the Monte Del Oro HOA, locating the proposed accessory structure in front of the primary residence, nearer to Guava Drive. It was concluded that other neighbors in the area would dislike a large RV Garage located there. Additionally, in this location the only feasible placement of the new structure required that the RV unit would need to be backed onto Guava Drive when exiting the garage. This would have posed a danger to traffic traveling south on Guava Drive given the road curves to the southwest just to the north of our driveway creating a blind spot right where the RV unit we would be backing out. This location would have required the removal of as many as fourteen mature mesquite and palo verde trees. Only one mesquite tree will be removed and no protected cacti will be removed when locating the new structure as shown on the site plan. For the above reasons, as well as the existing zoning regulation requiring that no accessory structure be located closer to the front property line than is the primary residence, this site at the front of the property was rejected. We plan to re -landscape all disturbed areas with native vegetation and plant two trees for the one that will be removed. 2. Are there special circumstances that exist that are not self imposed or created by the owner/applicant? ANSWER Yes. As outlined in the answer to question number 1 the existing topography of our lot and location of the main residence are circumstances that existed when we purchased the home. 3. Is the authorizing of the variance necessary for the preservation and enjoyment of substantial property rights? ANSWER Yes, we believe it is necessary for this reason. In order for a recreational vehicle to be able to park and be turned around, so it can be driven down our steep and winding driveway toward the street, it is necessary that appropriate clearances be established between the existing main structure and the proposed RV garage in order to maneuver the vehicle. 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? ANSWER In the design stage of our project, working with the ACC we discussed several options, each time changing the design to more closely reflect a satisfactory solution to our needs as well as taking into consideration the needs of the HOA and our neighbors. The (ACC) has given us a preliminary oral approval of the design you see in the attachments as part of our application. The HOA management company, Cadden Community Management will prepare a letter acknowledging this approval. This approval is evidence that the variance we seek does not constitute a grant of any special privileges inconsistent with other properties nearby. 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. ANSWER Yes, we have worked diligently in our design efforts to minimize the modification of the rear property' line to that we are requesting. We will construct engineered retaining walls as needed so that no portion of neighboring property will be negatively impacted during or after construction. Monte Del Oro "Elegance with a Southwestern Charm" Homeowners Association Lorne & Marilyn Brown June 30, 2008 11001 N Guava Drive Oro Valley, AZ 85737 Subject: Monte del Oro Homeowners Association - Architectural Review — Lot 083_ Tentative Approval of Preliminary Plans for RV Garage Dear Lorne & Marilyn: Thank you for submitting your preliminary plans for the modifications to be made to your property. The Committee reviewed your plans and the submittal was approved as submitted with the following variance being given: Twenty-six feet two inches (26'2") setback on the North Lot Line and ten (10') feet setback on the West Lot line. Please submit final plans (x2 sets) showing design details to include the windows and architecture that you discussed with the Architectural Review Committee. Approval by the Committee shall relate only to the conformity of plans and specifications to general architectural plans for the area covered by these restrictions. Plans and specifications are not approved for engineering design or architectural competence. It is also your responsibility to conform to any City or County requirements relating to permits and inspections. Thanks for working with the Board by submitting your plans. Should you have any questions, please don't hesitate to contact this office immediately at 297-0797. Should you have any questions, please don't hesitate to call this office at 297-0797. For the Association, Yetteardner, CAM, CAAM Cadden Community Management Managing Agent cc: mdo-unit 1870 West Prince Road , 47 • Tucson, Arizona 85705 • (520) 297-( • (520) 742-2618 fax w From: Xubin Zeng [ Sent: Friday, July 11, 2008 3:24 PM To: Hayes, Patty Subject: concern about OV10-08-06 Dear Patty, We got the notice from the Oro Valley Board of Adjustment that qur neighbor (Lorne and Marilyn Brown) at 11025 N. Guava Dr., Oro Valley, AZ 85737 requdsts a variance from the" required 15' rear yard setback to 10' for a RV garage (OV10-08-06). My family will be out of town during the scheduled public hearing on Tuesday, July 22, 2008, and hence would like to provide the following written comment: This detached RV garage would directly block the city view from my house at My family just watched the fireworks at the A -mountain from our house this past Fourth of July! The city view was a major reason for us to purchase the house 3 years ago. A blocked city view by this proposed RV garage would reduce the value of our house. Therefore, we strongly suggest that our neighbor (Lorne and Marilyn Brown)'s request of a variance be rejected. Sincerely, Xubin Zeng Dr. Xubin Zeng, Professor Email: The University of Arizona, Tucson, AZ 85721, USA http://www.atmo.arizona.edu/personalpages/zeng/zeng.html 1 N ti * = approximate location of proposed addition AGENDA ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION JULY 23, 2008 Oro Valley Town Hall Council Chambers 11,000 N. La Canada Drive CALL TO ORDER: at or after 3:00 p.m. ROLL CALL MINUTES Approval of the Minutes of June 13, 2008. AT THE CALL OF THE CHAIR, THE AGENDA ITEMS MAY BE TAKEN IN ANY ORDER, AS DEEMED APPROPRIATE. PUBLIC HEARINGS: 1. CASE NO: OV10-08-06, Lorne and Marilyn Brown request a variance from the required 15' rear yard setback to 10'. Subject (parcel #224-27-158E) located at 11025 N. Guava Drive, Oro Valley, AZ, 85737. 2. CASE NO: OV10-08-07, Ventana Medical Systems request a variance from the allowed 36' building height to 47'6". Subject (parcel #219-20-8170) located at 1910 E. Innovation Park Drive, Oro Valley, AZ 85737 ADJOURNMENT A packet of agenda materials, as listed above, is available for public inspection at least 24 hours prior to the BOA meeting in the Town Hall Administration Building, during regular business hours. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If a disabled person planning to attend this meeting requires any special accommodations, please notify the Town Clerk at 229- 4700. NOTICE TO SPEAKERS Members of the public have the right to speak during any posted public hearing; however, those items not listed as a public hearing are for consideration and action by the Board during the course of its business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Board on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Clerk of the Board. Please indicate on the speaker card which item number and topic you wish to speak on. Please step forward to the podium when the Chair announces the item(s) on the agenda, which you are interested in addressing. "Notice of Possible Quorum of the Oro Valley Town Council: In accordance with Chapter 3, Title 38, Arizona Revised Statutes and Section 2-4-2 of the Oro Valley Town Code, a majority of the Town Council may attend the above referenced meeting as a member of the audience only." Posted: 7-17-08 11:00 a.m. ekf DRAFT MINUTES ORO VALLEY BOARD OF ADJUSTMENT SPECIAL SESSION June 13, 2008 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE CALL TO ORDER - 3:00 p.m. ROLL CALL PRESENT: Colleen Kessler, Member Paul Parisi, Member Bart Schannep, Member EXCUSED: John Hickey, Member MINUTES - Approval of the Minutes of April 22, 2008 MOTION: A motion was made by Member Schannep and seconded by Member Kessler to approve the minutes of April 22, 2008. MOTION carried, 3-0. CASE NO: OV10-08-04, Desco Southwest, represented by the Planning Center requests relief from the 250' distance required from a convenience use to residentially zoned properties. Subject (parcel #219-47-017A, 018A, 0050, 0060, 004A, 004C, 004B) located on the northwest corner of La Canada Drive and Tangerine Road, Oro Valley, AZ, 85737. Chair Parisi swore in the witness intending to testify. Bob Conant, Planning Center, representing Desco Southwest, stated that the property being considered (known as the Miller Ranch property) is located at the northwest corner of La Canada Drive and Tangerine Road and has TP and C-1 zoning. He stated that the current property owners want to build a bank with a drive -through use on this corner. He explained that the C-1 zoning provides for a 250 foot setback from a residential district to help protect residences from light, noise, etc. Mr. Conant reviewed the zoning district line on the west and stated that they are asking for relief from the 250 foot setback by 25 feet. He stated that the buildings will block light and there is a wash/riparian area between the residents and the commercial area. Mr. Conant further reviewed the Zoning Map and an Aerial Context Map for the property and stated that there is confusion regarding the zoning lines and a determination needs to be made regarding the R1-36 zoning line on the east. He stated that they are asking that the R1-36 zoning lines be along the property lot lines of the Vistoso Gateway subdivision. He explained that this would then 06/13/08 Board of Adjustment, Special Session W lutes 2 compare to Verde Ranch subdivision just south of the Miller Ranch property as the zoning district boundary line is "well shy" of the right-of-way of Tangerine Road. Mr. Conant explained that if the lot lines were determined to be along the property lines then they would not need a variance on the east side, only on the west side. At the request of Member Schannep, Mr. Conant clarified that they are asking that the residential district line in this case be moved back along the property line to follow the lot lines. He explained that traditionally the Town did not include the rights -of -way in the zoning. In response to a question from Member Kessler, Mr. Conant explained that the Town's Zoning Code references the district boundary and it is the property boundary that is causing the confusion in the determination. He also confirmed that they would need a 25 foot variance on the west side due to the zoning district boundary line. Patty Hayes, Zoning Inspector, reviewed the staff report highlighting the following: Applicant is requesting relief from the 250 foot distance required from a convenience use to residentially zoned properties. (Business with drive -through use is considered a convenience use). A bank is an allowed use on this property. Property owners within 300 feet of the property were notified of the hearing. Property was posted and hearing was advertised in the Daily Territorial and on line. Staff received no comment in support or opposition to this case. Property was rezoned from R1-144 to TP and C-1 in February 2007. The distance measured from a convenience use to a residential district is from the residential property boundary (lot line) not the house structure. Zoning districts in the .Town extend over into the street right-of-way thus causing the zoning of the property to extend beyond platted property lines. Maps not clearly defined. Possibly eliminate the 250 foot requirement on this particular pad only may be best way to approach. Member Schannep questioned whether the Board was being asked to interpret the Zoning Code or to accept the property line verses the residential district line. Chief Civil Deputy Attorney Joe Andrews stated that the Board could try to determine where the zoning district boundaries are or they can grant a variance. Staff is recommending that the 250 foot setback not apply for this specific lot. However, the Board can determine the lot and boundary lines. In response to a question from Member Keesler, Mr. Andrews explained that there is no building allowed in the wash and it would also be re -vegetated by the applicant. 06/13/08 Board of Adjustment, Special Session alles 3 In response to a question from Chair Parisi, Ms. Hayes stated that it is customary to have a drive -through use with stand alone bank buildings. Chair Parisi opened the Public Hearing. He then swore in those witnesses intending to testify. Scott Christie, Oro Valley resident, stated that he lives just west of this property. He questioned whether the variance would apply to any other areas. (Chair Parisi explained that this variance would apply only to the bank and would not affect any future buildings.) Bill Adler, Oro Valley resident, stated that the intent of the ordinance is to protect residences. He stated that the reason for the relief request has nothing to do with anything except for the design of this use. He said that the land is not creating a hardship; it is just that the applicant was wanting to place more uses on the property than space allows. He stated that the square footages should be reduced on the buildings and then a variance would not be needed. Chair Parisi closed the public hearing. In response to a question from Member Keesler, Mr. Conant explained that the owner/developer wants to place the bank on this corner. He stated that there have been a number of iterations of this particular plan. If the bank were moved to the west it would create a worse situation. He also explained that the bank with a drive -through would have to go through the Conditional Use Permit process. MOTION: A motion was made by Member Schannep and seconded by Member Kessler to deny the variance for case OV10-08-04. DISCUSSION: Member Schannep stated that he tended to go the "cleaner" route but by making this change, it would go against the intent of the zoning. He also stated that he felt that this case did not meet all five criteria and the problem was being created by the property owner. Member Kessler concurred and also stated that she would be concerned about setting a precedent for other measurements and variances in the future. She also stated that other uses could be applied to this pad that would fall into the boundaries of the property and the bank use with a drive -through is bigger than was meant for the pad. MOTION carried, 3-0. 2. CASE NO: OV10-08-05, Paul Hofmann, represented by 3D architectural Designs, requests a variance from the required 15' side yard setback to 10'. Subject (parcel #224-34-1370) located at 935 W. Landoran 06/13/08 Board of Adjustment, Special Session Imes 4 Lane, Oro Valley, AZ 85737 Chair Parisi swore in the witness intending to testify. Frank Rendon, 3D Architectural Designs, representing the applicant, Paul Hofmann, stated that they are asking that the side yard setback be reduced to 10 feet to allow a better functioning garage and driveway. He explained that the setback of the property when zoned by Pima County was 10 feet; however, when Oro Valley rezoned the area, the setback was changed to 15 feet. He reviewed pictures depicting the access to the current garage, the proposed garage and driveway and the large palo verde tree that hinders access. He further explained that other properties surrounding the subject property have 10 yard setbacks. In response to a question from Member Schannep regarding "tilting" the garage on the property, Mr. Rendon stated that even if the new garage were tilted, it would still encroach into the 15 foot setback. In response to questions from Chair Parisi and Member Keesler, Mr. Rendon stated that the palo verde tree is about 50 - 60 years old and provides shade for the house. He explained that the tree is about 2 - 3 feet from the corner of the garage. He stated that they have worked on the design for over a year to try to make the garage work. Mr. Rendon explained that in order to make the roof line functional and to not move the tree and keep the garage accessible for two vehicles, they could only make the 10 foot setback work. Zoning Inspector Patty Hayes reviewed the staff communication and highlighted the following: Property owner is requesting a variance from the required 15 foot side yard setback to 10 feet to build a detached garage. Property owners within 300 feet of the property were notified of the hearing. Property was posted and hearing was advertised in the Daily Territorial and on line. Staff received one inquiry but the caller had no opinion. A member of the Homeowner's Association also called but had no objection. House was built in 1963 in Pima County's CR1 zoning district which required a 10 foot side yard setback. Oro Valley's Zoning Code was adopted in 1981 with a 15 foot side yard setback required for R1-36 zoning. Chair Parisi opened the public hearing. He then swore the witnesses intending to testify. Bill Adler, Oro Valley resident, commented that it is clear that the hardship has been created by the design of the original house. He stated that it is not the conditions of the property that are creating the hardship; it is the house location, size, design, etc. He stated that it is a tough decision but the previous zoning is not a justification for a variance. 06/13/08 Board of Adjustment, Special Session A&es Paul Hofmann, owner of subject property,* stated that he had submitted a letter with pictures and information regarding his property with his application. However, he had two additional statements from neighbors to the north and to the south expressing support of his request that he also wanted to present to the Board (items were presented to the Board for their consideration). Mr. Hofmann further explained that his house was built in 1963 along with many other houses in the neighborhood. The houses were built on properties with 10 foot sideyard setbacks so most of the homes were placed on their property with those provisions. He stated that his house was built with a carport that was later converted to a flat -roof garage and now he was trying to upgrade his property with a garage that will allow his family to park their cars and to also have additional storage. He stated that the law (ARS 9-462.06) provides for changes when it is justified and that the same privileges afforded to the neighbors should be afforded to all. He explained that they have tried to reconfigure the placement of the garage and they can not do it without a five-foot variance. He stated that if they cut the corner differently for the placement of the garage, they can't fit a second car in as the depth would not be great enough. He also explained that if they turn the garage, they can get a greater depth without it sticking out into the backyard. Mr. Hofmann further explained that the new structure will compliment the existing house and their goal was to improve the value of the property and put it to its highest function. In response to a question from Member Schannep, Mr. n explained that they can't currently park in the garage because they do have to store items in it. He further explained that even if there was nothing in the garage, it is very small with a ceiling height of about 6 1/2 feet high so it is much smaller than you would expect to see. He stated that they have always only been able to put one car in the garage due to its small size. Chair Parisi closed the public hearing. MOTION: A motion was made by Member Kessler and seconded by Member Schannep to approve OV-10-08-05 a request to reduce the side -yard setback from 15 feet to 10 feet. DISCUSSION: Member Keesler stated that she went through the criteria and she felt that the large tree was a special circumstance on the property. She stated that if the tree was not there, the owner might be able to re -position the garage. She stated that due to the topography of the surroundings, that the circumstances were not created by the owner and in looking around the neighborhood, the house warrants a two car garage. She stated that the request was not detrimental to anyone in the area so she felt that the criteria had been met. Member Schannep stated that the Board has been very understanding in 06/13/08 Board of Adjustment, Special Session Awm�s 6 allowing homeowners to build or install amenities in order to enjoy and have the same property rights as the surrounding neighbors. However, this property owner already has a garage although it is undersized. He stated that the property owner bought the home and now he wants to build a bigger garage. He said that he felt that instead of taking the existing structure and widening it and making it higher, that it was all about the views. Member Schannep stated that the building was already there so he was opposed to granting the variance with the belief that the existing structure could be modified staying in the 15 foot setback and yet still keeping the tree. Chair Parisi stated that the project looks terrific but it is not in the 15 foot setback. He stated that there were other ways to modify the design of the garage and stay in the required setback and still enjoy their property. MOTION failed, 1-2 with Member Parisi and Member Schannep opposed. MOTION: A motion was made by Member Schannep and seconded by Member Parisi to deny OV-10-08-05. MOTION carried, 2-1 with Member Kessler opposed. 3. Planning and Zoning Update - No report. ADJOURNMENT MOTION: A motion was made by Member Kessler and seconded by Member Schannep to adjourn at 3:56 p.m. MOTION carried, 3-0. Prepared by: Roxana Garrity, CIVIC Deputy Town Clerk PAGE 14 The Daily Territorial JULY 2, 20( NOTICE OF HEARING IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA JUVENILE COURT In the Matter of SEBRING, Hanna dob: 4/27/97 No. J-181466 NOTICE OF PUBLICATION HEARING ON MOTION FOR -APPOINTMENT OF PERMA- NENT GUARDIAN OF MINOR CHILD Judge Charles Sabalos TO: David Beckham John Doe 1. The Arizona Department of Economic Security has filed a Motion for Appoint- ment of Permanent Guardian for the mi- nor child pursuant to A.R.S. § 8-871, al M 2. The Court has set an initial hearing on the 12th day of August 2008, at 3:30 p.m, before the Honorable Charles Sa- balos at the Pima County Superior Court, Juvenile Division, 2225 E. 'Ajo Way, Tucson, Arizona 85713; telephone No. 740-2000, for the purpose of deter- mining the parents' response to the Mo- tion. 3. You are hereby advised that your fail- ure to personally appear in court without good cause shown may result in a find- ing that you have waived ,your legal rights and have admitted the allegations in the petition. In addition, if you fail to personally appear in court without good cause shown, the hearings may go for- ward in your absence and may result in the establishment of a permanent guardianship` based upon the record and the evidence presented to the court. 4. You are hereby notified that upon a request or motion of parent, guardian or Indian custodian of a child who is subject of these proceedings, made prior to any proceeding in this matter, the Court shall order that the proceed- ing is open to the public, unless the court finds good cause for all or part of the proceedings, to remained closed. Before opening a . proceeding to the public, the Court shall' consider: (1) whether doing so' is' in the child's best interest; (2) whether doing, so would en- danger the child's physical or emotional well-being or the safety of any other persons (3) the privacy rights of the child, '.the child's'- siblings, parents, guardians and caregivers and any other person whose privacy rights the Court determines need protection; (4) whether all parties have agreed to allow the pro- ceeding to be open. 5. In the event that,you personally ap- pear and contest the allegations, the Court shall set a date for the trial on the permanent guardianship. 6. Requests for reasonable accommo-. dations for persons with disabilities must be made to the court by parties at least three (3) working days in advance of a scheduled court proceeding by call- ing (520) 740-2000. RESPECTFULLY SUBMITTED this 'day of June, 2008. TERRY GODDARD Attorney General CAROLINE S. FURMAN Assistant Attorney General PUBLISH: The Daily Territorial July 2, 9,16, 23, 2008 hrsebring/181466 jh NOTICE OF PUBLIC HEARING Notice is hereby given to the residents and taxpayers of Arizona, that the Gov- eming Board of Hassan Middle School will hold a meeting to ADOPT A PRO- POSED SCHOOL BUDGET for the 2008-09 fiscal year. In accordance with school law, this hearing will be held at 1333 E. 10th Street Tucson at 6:30pm on July 2, 2008. PUBLISH: The Daily Territorial July 2, 2008 hrha:sanmid2008-09 tj NOTICE OF PUBLIC HEARING Notice is hereby given to the residents and taxpayers of Arizona, that the Gov- eming Board of Hassan Preparatory 4 Leadership School will hold a meeting to ADOPT'A PROPOSED SCHOOL BUDGET for the 2008-09 fiscal year, In accordance with school law, this hear- ing will be at 1333 E. 10th Street Tucson at 6:30pm on July 2, 2008. PUBLISH: The Daily Territorial July 2, 2008 hrha:sanprep2008-09 tj NOTICE OF HEARING IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA JUVENILE COURT In the Matter of HOLLIMAN, LULU LY- NELL dob 12/24/95 HOLLIMAN, PEARL (aka PHOENICIA HOLLIMAN) dob 07/09/98 No. J187155 CITATION NOTICE OF HEARING (Publication) Judge Kelly Person(s) under the age of 18 years TO: ROBYN HILL Address unknown PATRICK LEONARD HOLLIMAN (al- leged father) Address unknown JOHN DOE (alleged father) Address unknown The Arizona Department of Economic Security has filed a Dependency Peti- tion in the above -entitled cause alleging the above -named child to be dependent within the meaning of A.R.S. §8.201, rd M., as amended. YOU ARE HEREBY NOTIFIED that a publication hearing on the Petition is set for the "rr day of September, 2008. at OM A.M., in the courtroom of this Court located at 2225 East Ajo Way, Tucson, Arizona. You may appear at the hearing and be rep- resented by counsel. The Court will ap- point counsel upon a showing of lack of financial ability to retain your own coun- sel. Warning: Your failure to appear at these hearings and to actively par- ticipate In these court proceedings and In the case plan may result In the child being adjudicated dependent with continued commitment to the care, custody and control of the Ari- zona Department of Economic Secu- rity and could result in further pro- ceedings for permanent guardian- ship pursuant to A.R.S. §§8.871 and B-872 or termination of your parental rights pursuant to A.R.S. §§8-862(D), B-863 and 8-533, et seq. The above -named individual(s) may obtain a copy of the Dependency Petition, Notice of .Dependency Hearing, and Tempo- rary Order by submitting a written re- quest to: CAREY S. TURNER, Office 'of the Attorney General, 3939 South Park Avenue, Suite 180, Tucson, Ari- zona 65714. The assigned case man- ager is Alexis' Montiei-Kirkendall and may be reached by telephone at , (520)721.3097. A request for reason- able accommodation for persons with disabilities must be made to the Court by parties' at least three (3) working days in advance of a scheduled court proceeding and can. be made by calling 740-2900.. PATRICIA A. NOLAND, Clerk Deputy Clerk GIVEN UN- DER MY HAND AND SEAL this_ day of June, 2008. #232049 PUBLISH; The Daily Territorial July 2, 9, 16,23, 2008 trholliman/187155 jh 'NOTICE OF PUBLIC HEARING BEFORE -THE ORD VALLEY BOARD OF ADJUSTMENT' In accordance with Sec. 21.6.1-1 of the Oro Valley Zoning CodeRevised and Arizona Revised Statutes Sec.: 9-462.06, NOTICE IS HEREBY GIVEN that the Oro Valley Board of Adjustment will hold a public hearing on Tuesday, July 22, 2008 commencing at or after 3:00 p.m. The meeting will be held at the Oro Valley Town Hall, 11000 N. La Canada Drive and the subject matter will be as further described below: OV10-08-06: Lorne and Marilyn Brown requests a variance from the required 15' rear yard setback to 10'. Subject parcel #224-27-158E located at 11025 N. Guava Drive . Oro Valley, Ate. Site plans are available for review dur- ing normal business hours at the Oro Valley Town Hall, Development Service Center. Persons interested may appear in person; by agent or attorney, and the petitioners must appear or be repre- sented. Any person seeking further in- formation on this request for a variance may contact Patty Hayes at 229-4819 or e-mail: pheyes @orovalleyaz.gov. REO: Sarah Mom FAICP Planning and Zoning Director PUBLISH: The Dally Territorial July 2, 2008 hrov10-08-06 hp NOTICE OF HEARING REGARDING " Petition for Guardianship of a Minor Case No:JG 501973 SUPERIOR COURT OF ARIZONA MARICOPA COUNTY In the Matter of The Guardianship of IYZAYA SOTO A Minor Read this Notice Carefully. An impor- tant court proceeding that affects your rights has been scheduled. If you do not understand this notice, contact a lawyer for help. 1. NOTICE IS GIVEN that the Petitioner has filed with the Court a Petition for Guardianship of a Minor 2. HEARING INFORMATION. A court hearing has been scheduled to consider the Petition as follows: HEARING DATE AND TIME: 10/6/08 at 9:30 AM HEARING PLACE: 1810 South Lewis Street, Mesa, Arizona 85210 HEARING OFFICER: COMMISSIONER THOMAS A. KAIPIO 3. Fingerprints must be submitted to the Juvenile Clerk of the Court within (5) five days of the filing of the petition. 4. RESPONSE. You. can file a written response to the Petition. File your origi- nal written response with the court, mail a copy of the original response to the petitioner(s), and provide a copy of your response to the Judge/Commissioner named above at least 5 business days before the hearing. Or, you can appear in person at the hearing. You must ap- pear at the hearing only if you wish to object to the petition. DATED: 6-30-08 CNS-1378265# PUBLISH: The Daily Territorial July 2, 9, 16, 2008 hrsoto/1378265 jh NOTICE OF HEARING IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA JUVENILE COURT In the 'Matter of MARTINEZ, DOMI- NIOUE dob 04/27/07 Person(s) under the age of 18 years No. J184926 Sub- stituted CITATION NOTICE OF HEAR- ING (Publication) Judge Chandler TO: John Doe (Alleged father) Address unknown The Arizona Department of Economic Security has filed a Dependency Peti- tion in the above -entitled cause alleging the above -named child to be dependent within the'meaning of A.R.S:'§8-201, ..0 f:t<wp., as amended. YOU ARE HEREBY NOTIFIED that a'publication hearing on the Petition is set for the 27th "day of August, 2008, at 8:45 A.M., in the court- room of this Court located at 2225 East Ajo Way, Tucson; Arizona. You may ap- pear at the hearing and be represented by counsel. The Court will appoint coun- sel upon a showing of lack of financial ability to retain your own counsel. Warning: Your failure to appear at these hearings and to actively par- ticipate in these court proceedings and In the'case plan may result In the child being adjudicated dependent with continued commitment to the care, custody and control of the Ari- zona Department of Economic. Secu- rity and could result in further pro- ceedings for "permanent- guardian- ship pursuant to A.R.S. §§6-871 and 8-872 or termination of your parental rights pursuant to A.M.S. §§8.862(D), B-863 and 8-533, et seq. The - above -named individual(s) mayobtain a copy of the Dependency Petition, Notice of Dependency Hearing, and Tempo- rary Order by submitting a written re- quest to: JASON D. CORLEY, Office of the Attorney General, 3939 South Park Avenue, Suite 180," Tucson, Arizona 85714. The assigned case manager is .EVA PENA, and may be "reached by telephone at (520)721-3097. A request for reasonable accommodation for per- sons with disabilities must be made to the Court by parties.at least three (3) working days in advance of a scheduled court proceeding and can be made by calling 740-2900. PATRICIA A. NOLAND, Clerk Deputy Clerk (..GIVEN UNDER MY HAND AND SEAL this _ day of June, 2008. #234959 PUBLISH: The Daily Territorial July 2, 9,16, 23,2008 hrmartinez/164926 jh NOTICE OF HEARING IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA JUVENILE COURT' In the Matter of TELLO-SANCHEZ,.NI- NYELA dob 01/09/07 Person(s) under the age of 18 years No. J187158 CITA- TION NOTICE OF HEARING (Publica- tion) Judge Knuck TO: Scott Sanchez (Alleged father) Ad- dress Unknown John Doe (Alleged.fa- ther) Address Unknown . The Arizona Department of Economic Security has filed a Dependency Peti- tion in the above -entitled cause alleging the above -named child to be dependent within the meaning of A.R.S. §8-201, at M., as amended. YOU ARE HEREBY NOTIFIED that a publication hearing on the Petition is set for August 27, 2008, at 8:30 A.M„ in the courtroom of this .Court located at 2225. East Ajo Way, Tucson, Arizona. You may appear at the hearing and be represented by counsel. The Court will appoint counsel upon a showing of lack of financial abil- ity to retain your own counsel. Warn- ing: Your failure to appear at these hearings and to actively participate In these court proceedings and in the case plan may result in the child be- ing adjudicated dependent with con- tinued commitment to the care, cus- tody and control of the Arizona De- partment of Economic Security and could result in further proceedings for permanent guardianship pursu- ant to A.R.S. §§8-871 and 8-872 or termination of your parental rights pursuant to A.R.S. §§8-862(D), 6-863 and 8-533, at seq. The above -named Individual(s) may obtain a copy of the Dependency Petition, Notice of De- pendency Hearing, and Temporary Or- der by submitting a written request to: HERVEY A. HOTCHKISS,'Office of the Attorney General, 3939 , South Park .Avenue, Suite 180, Tucson, Arizona 85714. The assigned case manager is MARY CARPENTER- and may be reached by telephone at (520)740-1882. A request for reason- able• accommodation for persons with disabilities' must be made to the Court by parties at least three (3) working days in advance of a scheduled court proceeding and can be made by calling 740.2900. PATRICIA A. NOLAND, Clerk Deputy Clerk GIVEN UN- DER MY HAND AND .-SEAL this day of June, 2008. #235041 PUBLISH: The Daily Territorial July 2, 9, 16, 23, 2008 hrsanchez/187158 jh NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY BOARD OF ADJUSTMENT In accordance with Sec. 21,6.H of the Oro Valley Zoning Code Revised and Arizona Revised °Statutes Sec. 9-462.06, NOTICE IS HEREBY GIVEN that the Oro Valley Board of Adjustment will hold a public hearing on Tuesday, July ' 22, 2008 commencing at or after 3:00 p.m. The meeting will be held at the Oro Valley Tdwn' Hall, 11000 N. La Canada Drive and the subject matter will be as further described below: ` ' OV10.08-07: Ventana : Medical Bym- terns requests a variance from the al- lowed 36' building height to 47'6'o SubJect parcel #219-20-8170.' located at 1910 E Innovation Park Drive Oro Valley, AZ, 85737. Site plans are available for review dur- ing normal business hours at the Oro Valley Town Hall, Development Service Center. Persons interested may appear in person, by agent or attorney, and the petitioners must appear or be repre- sented. Any person seeking further in- formation on this request for a variance may contact Patty Hayes at 229-4819 or e-mail: phayes@orovalleyaz.=y. REO: 'Sarah More, FAICP Planning and Zoning Director , PUBLISH: The Daily Territorial July 2, 2008 hrov10-08-07 hp IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA JUVENILE COURT In the Matter of TATE, MICHAEL KA- LEB dob 11/12/91 No. J176546 (RE- ACTIVATED) ' CITATION `'NOTICE OF HEARING (Publication) Judge Adam Person(s) under the age of 18 years TO: Rachel Wilckens a.k.a. Tate Ad- dress Unknown Michael Wagner Ad- dress Unknown The Arizona Department of Economic Security has filed a Dependency Peti- tion in the above -entitled cause alleging the above -named child to be dependent within the meaning of A.R.S. §8-201, at M., as amended. YOU ARE HEREBY NOTIFIED that a publication hearing on the Petition is set for the 20th day of August, 2008, at - 4:00 P.M., in the courtroom of this Court located at 2225 East Ajo Way, Tucson, Arizona. You may appear at the hearing and be represented by counsel. The Court will appoint counsel upon a showing of lack of financial ability to retain your own counsel. Warning: Your failure to appear at these hearings and to actively par- Aicipate In these court proceedings and In the case plan may result in the child being adjudicated dependent with continued commitment to the care, custody and control of the Ari- zona Department of Economic Secu- rity and could result in further pro- ceedings for permanent guardian- ship pursuant to A.R.S. §§8-871 and 8.872 or Termination of your parental rights pursuant to A.R.S. §§8-862(D), 8-863 and 8-533, et seq. . The above -named Ini ividual(s) may ob- tain a copy of the Dependency Petition, Notice of Dependency " Hearing, and Temporary Order by submitting a writ- ten request to: THADDEUS SEMON, Office of the Attorney General, 3939 South Park Avenue, Suite 180, Tucson, Arizona 85714. The assigned case manager is Christine Chacon and may be reached by telephone at 740-1882, A request for reasonable aocommoda- tion for persons with disabilities must be made to the Court by parties at least three (3) working days in advance of a scheduled court proceeding and can,be made by calling 740-2900. PATRICIA A. NOLAND, Clerk Deputy Clerk - GIVEN UNDER MY HAND AND SEAL this_ day of June, 2008, Hb#233880 . PUBLISH: The Daily Territorial July 2, 9,16, 23, 2008 hrtate/176546 hp NOTICE OF HEARING Carrie Donahue Confidential IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA JUVENILE COURT. In the Matter of: Damian Atwood dob 6122196 Case Number S186987 CITA- TION NOTICE OF HEARING TO: Kenneth Lee Atwood The Petitioner has filed a Petition to Terminate Parent -Child Relationship in the above -entitled cause requesting the court to terminate your parental rights to the above named child(ren), pursuant to A.R.S. §8-833 as amended, YOU ARE HEREBY NOTIFIED that an initial hearing on the Petition is set for August 21 2008, at 9:20 .mm. in the courtroom of this Court located at 2225 East Ajo Way, Tucson, Arizona before the Honorable Joan Wagener, You may appear at the hearing and be represented by counsel. The Court will appoint counsel; upon a showing of lack of financial ability to retain your own counsel, You are hereby advised hat your failure to personalty appear in court without good cause shown may result in a find- ing that you have waived your legal rights and have admitted the allegations in the petition. In addition, if you fail to personally appear in court without good cause shown, the hearings may go for- ward in your absence and may result in a termination of your parental - rights based upon the record and the evi- dence presented to the court. A request for reasonable accommoda- tion for persons with disabilities must be made to the Court by parties at least three (3) working days in advance of a scheduled court proceeding and can be made by calling (520) 740-2900. PATRICIA A. NOLAND, Clerk Is/ Dep- uty Clerk -GIVEN 'UNDER MY HAND AND SEAL this 3rd day of Joa, 2008. SUPERIOR COURT SEAL. COPY, JUN 3, 2008, PATRICIA A NOLAND, CLERK, SUPERIOR COURT PUBLISH: The Deily Territorial June 11,18, 25, July 2, 2008 hratwood/186987 hp NOTICE OF HEARING IN THE SUPERIOR COURT OF STATE OF ARIZONA IN AND FOR THE COUNTY OF I JUVENILE COURT In the Matter of KANNEH, FINDA (A.K.A. FINDA CONTEH) 03/03/97 No. J177558 CITATIOP TICE OF HEARING (Public Judge Eikleberry Person(s) and age of 18 years TO: MARY KANNEH (pre mother) Address Unknown JANE (alleged mother) Address Un NOMOH KANNEH (alleged fathe dress unknown JOHN DOE (allel ther) Address unknown The Arizona Department of Ecc Security has filed a Dependency tion in the above -entitled cause a the above -named child to be dep, within the meaning of A.Fi.S. §8- M., as amended. YOU ARE HEREBY NOTIFIED publication hearing on the Petitior for the 27th day of August, 2C EL48 A.M., in the courtroom of thie located at 2225 East Ajo Way, T Arizona. You may appear at the hearing < represented by counsel. The Co appoint counsel upon a showing of financial ability to retain yor, counsel. Warning: Your failure to app these hearings and to activel ticipate In these court procet and In the case plan may result child being adjudicated dept with continued commitment 1 care, custody and control of tt zone Department of Economic rity and could result in furthe ceedings for permanent gut ship pursuant to A.R.S. §§8-87 8.872 or termination of your pa rights pursuant to A.R.S. §§84 8.863 and 8-533, et seq. The above -named individual(s) m tain a copy of the Dependency P Notice of Dependency Hearinc Temporary Order by submitting ten request to: DAVID N. HOW Office of the Attorney General, South Park Avenue, Suite 180, T Arizona 85714. The assigned manager is Sarah Case and r reached by telephone at 721-3097. A request for reasonable actor tion for persons with disabilities r made to the Court by parties a three (3) working days in advanc scheduled court proceeding and made by calling 740-2900. PATRICIA A. NOLAND, Clerk _ Deputy Clerk GIVEN UNDER MY HAND AND this_ day of June, 2008. #233939 PUBLISH: The Daily Ter: July 2, 9,16, = hrkanneh/1775 NOTICE OF HEARING Rachel Elizabeth Jimenez 6952 E 42nd St Tuc AZ 85730 IN THE SUPERIOR COURT OF STATE OF ARIZONA IN AND FOR THE COUNTY OF - In re the Name Change of: L Marie Williams -Gam, Petitioner. Elizabeth Jimenez CASE C20083863 NOTICE OF HEARII PETITION FOR CHANGE OF NA TO: Dean Garn PLEASE TAKE NOTICE that the named petitioner has petitione Court pursuant to A.R.S §§ 12-61 12-602 for a Change of Nar Deanna Marie Jimenez Objecti the requested Change of Name n made with the above named tour before the hearing scheduled for 'A.M. ,the 15 day of Jvty, 2008 the following Judge or Court a sioner: Sir perior Court. 110 We: grass Tucson AZ 85701 You rr pear in person or by your Attor the Scheduled Hearing. A copy Petition for Change of Name is at hereto for your reference. (s/ tioner's Signature) 6952 E. 42nd f son Az 65730 FILED 08 AM11:15 PATRICIA A. NC CLERK, SUPERIOR COURT DEPUTY PUBLISH: The Daily Ter June 11,18, 25, July: hrwl ll iamsgarntc200838t AFFIDAVIT OF PUBLICATION STATE OF ARIZONA ss. COUNTY OF PIMA Jamie Macias, being first duly sworn, deposes and says that (s)he is the Legal Advertising 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 Pima, State of Arizona and elsewhere, and the hereto attached: NOTICE OF PUBLIC HEARING OV 10-08-06 JULY 22, 2008 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 2nd day of July 2008 and the last publication thereof was made on the 2nd day of July 2008 ; that said publication was made on each of the following dates, to -wit: 07/02/08 at the Request of: Oro Valley Town Hall S"ed and sworn to before met is 2nd day of July 2008 . ROBBIE ZONES Notary Public in and for the County / f ima, (State of Arizona Notary Public -ArizonaPima Wires 11/0 /pg My commission expires: `� NOTICE OF PUBLIC HEARING BL:ORETHE ORO VALLEY BOARD OF ADJUSTMENT In accordance with Sec. 21.6.1-1 of the Oro Valley Zoning Code Revised and Arizona Revised Statutes Sec. 9-462.06, NOTICE IS HEREBY GIVEN that the Oro Valley Board of Adjustment will hold a public hearing on Tuesday, July 22, 2008 commencing at or after 3:00 p.m. The meeting will be held at the Oro Valley Town Hall, 11000 N. Le Canada Drive and the subject matter will be as further described below: OV10-08-06:Lorne and Marilyn Brown requests a variance from the required j51 rear yard setback to t0' _Subiect parcel a 4- 7.1 8 located at 11025 N. Guava Drive. Oro Valley AZ, 85737. Site plans are available for review dur- ing normal business hours at the Oro Valley Town Hall, Development Service Center. Persons interested may appear in person, by agent or attorney, and the petitioners must appear or be repre- sented. Any person seeking further in- formation on this request for a variance may contact Patty Hayes at 229-4819 or e-mail: ohay s@nrovall Val nny. REO: Sarah More, FAICP Planning and Zoning Director PUBLISH: The Daily Territorial July 2, 2008 hrov10-08-06 hp J FLAT IRON N pLATTE z KRISCOTT .F?CDI•NT -, MONTERRA VISTA JNIONV131Jd3 �O INGOT \�� �0 GOQ J`V\OC\ l ' - EAGLE PEAK y �anllnr L. I POMEGRANATE -::T- GO PV SOS/ids 7l b/)rj S21 31StJW MP`G >133b0 �13ci JO0 00 a U z L U w 0 0 0 z = 0 Q Q u z S IL w N a Q -3: OM'ao1. ; 0 Oil �cP / 11 POINSETTIA w z� o V z 4 JQ YO �O`C O� m ROCKY SLOPE 777 213HO�pp'3:� AUl NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY BOARD OF ADJUSTMENT In accordance with Sec. 21.6.H of the Oro Valley Zoning Code Revised and Arizona Revised Statutes Sec. 9-462.06, NOTICE IS HEREBY GIVEN that the Oro Valley Board of Adjustment will hold a public hearing on Tuesday, July 22, 2008 commencing at or after 3:00 p.m. The meeting will be held at the Oro Valley Town Hall, 11000 N. La Canada Drive and the subject matter will be as further described below: OV10-08-06: Lorne and Marilyn Brown requests a variance from the required 15' rear yard setback to 10'. Subject parcel #224-27-158E, located at 11025 N. Guava Drive, Oro Valley, AZ, 85737. Site plans are available for review during normal business hours at the Oro Valley Town Hall, Development Service Center. Persons interested may appear in person, by agent or attorney, and the petitioners must appear or be represented. Any person seeking further information on this request for a variance may contact Patty Hayes at 229-4819 or e-mail: pha esAorovalleyaz.gov. REQ: Sarah More, FAICP Planning and Zoning Director Posted: By: sg Date: 6-26-08 Time: 1: 3 0 p.m.