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HomeMy WebLinkAboutOV100808MINUTES ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION August 26, 2008 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE CALL TO ORDER - at 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 July 22, 2008 MOTION: A motion was made by Member Parisi and seconded by Member Schannep to approve the Minutes of the July 22, 2008 meeting. MOTION carried, 3-0. CASE NO: OV10-08-08, Harvey and Jewel Prendeville request a variance from the required 10' rear yard setback to 4'. Subject (parcel #223-07- 2770) located at 13870 N. Engle Hill Drive, Oro Valley, AZ, 85755. Chair Kessler swore in the applicants. Harvey and Jewel Prendeville requested a variance to build a ramada to shade the rear of the house due to the amount of sun the east side of the house receives. It was noted that the house was 10' 4" from the property line and therefore the 10' ramada would be within the setback. It was stated that there were no neighbors behind the house. It was clarified that in order to provide the amount of desired shade to cool the home, the builder said that anything less that ten feet would fall short of their goal. Zoning Inspector Patty Hayes presented the Staff report. She stated that: • The proposal would reduce the setback to 4". • The homeowners association approved the ramada. • The neighbor to the north of the property sent an email in favor of the variance. 08/26/2008 Minutes, Board of Adjustment 2 Discussion clarified that at present there lots behind the property were not buildable. Ms. Hayes noted that in order to make the lots buildable, the area would have to be completely re -platted which was highly unlikely. Chair Kessler opened the public hearing at 3:05 p.m. There being no speakers, she closed the hearing. MOTION: A motion was made by Member Schannep and seconded by Member Parisi to approve OV10-08-08, a request to reduce the rear yard setback from 10' to 4". Member Schannep stated that due to the peculiarity of the lot, the only usable space was on the sides of the house. Vice Chair Parisi concurred that the lot was different from others in the neighborhood. Chair Kessler stated that the applicant had met the five criteria for a variance. MOTION carried, 3-0. ADJOURNMENT MOTION: A motion was made by Member Schannep and seconded by Member Parisi to adjourn the meeting at 3:08 p.m. MOTION carried, 3-0. Prepared by: Christina Pickering Senior Office Specialist ORO VALLEY PLANNING AND ZONING DIVISION BOARD OF ADJUSTMENT REPORT CASE NO: OV 10-08-08 Hearing Date: Agenda Item No.: Prepared By: REQUEST: August 26, 2008 1 Patty Hayes, Zoning Inspector Harvey and Jewel Prendeville request a variance from the required 10' rear yard setback to 4". Subject parcel: #223-07-2770, located at 13870 N. Engle Hill Drive, Oro Valley, AZ 85755. REQUEST SPECIFICS: Harvey and Jewel Prendeville request approval to build a patio cover attached to the rear of their house with a 9'8" encroachment into the rear yard setback. The required side yard setback in this Sun City subdivision is 10'. The proposed addition would reduce the setback to 4" at the closest point. SITE LOCATION: This property is lot 10 of the Sun City unit 13 subdivision located northwest of Del Webb Blvd. and Rancho Vistoso Blvd. 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 had received preliminary approval from the home owner's association and an email in support of the addition from the adjacent neighbor to the north. No comment in opposition was received. EXISTING LAND USE AND ZONING: Subject property — Existing house zoned Rancho Vistoso Sun City Planned Area Development (PAD) North - Existing house zoned Rancho Visotso, Sun City PAD West - Existing house & Golf Course maintenance yard zoned Rancho Vistoso PAD East - Common area zoned Rancho Vistoso PAD South - Common area zoned Rancho Vistoso PAD SITE INFORMATION: Sun City, unit 13, is a 10 lot subdivision recorded in Oro Valley in 1995. Subject property is a 7,985 square foot irregular shaped lot. FINDING OF FACTS: • The final plat for this subdivision requires a 10' rear yard setback. The OVZCR has an exception allowing covered porches to be as close as 10' to the rear property line. This code exception does not provide relief to this property because the house was built 10'3" from the rear property line. • The proposed patio cover varies from 4" to 37' in distance from the rear property line. • The side and rear of this property abuts a common area, 100 year flood plain area and utility easements. All of which are owned by the Sun City Community Association. • The nearest residential property from the rear property line is 485' northeast across the wash and 290' southeast across Del Web Blvd. • The applicant has stated the need for this patio cover is to provide shade for the house. • There is not a concern from the Building Safety department for constructing a patio cover this close to the property line because there are no other residential properties adjacent to the rear property line. 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. SUGGESTED MOTION: The Board may wish to consider the following motions: I move to [approve, approve with conditions, or deny] OV 10-08-08, a request to reduce the rear yard setback from 10' to 4". ATTACHMENTS: 1. BOA application 2. Location map 3. Ariel photo 4. Site photos 5. Plat map . F:\OV\OV 1 0\2007\1 0-08-08\REPORT.doc arah More, FAICP Planning and Zoning Director r�2 TOWN OF ORO VALLEY PLANNING & ZONING DIVISION 11,000 N. LA CANADA DRIVE, ORO VALLEY AZ 85737 Phone: (520) 229-4800 Fax: (520) 742-1022 BOARD OF ADJUSTMENT APPLICATION FOR: Zoning Variance Note: Submittals are due by noon Zoning Interpretation —Appeal of Administrative Decision CASE NO.: NATURE OF REQUEST: APPLICANT: "Q.V V E V e— PHONE: FAX: ADDRESS: I _� 7 i) n ri r -t k 1-I OWNER: ADDRES PROPERTY LOCATION FOR VARIANCE REQUEST: 1 -3'� 7 0 (1 t� , � p G (p S 7j =5- PARCEL ) :12 LEGAL DESCRIPTION: -� UVI C- }��� CJ _5 (; O A I + (3 L 67 ov i c CURRENTZONING: Y C 5 P V)t j CLI APPLICABLE FEE: S (� ATTACHMENTS: jjvv , l K e -} c k COY c1 I U F uj P aC c^ U' t N U 1 _ SIGNAT ,OF APPL�ICAANNT� (ALSO PRINT � E) 7 DATE kY1jou i 1�� 7/� �t/0 SUPPLEMENTAL QUESTIONS FOR APPLICATION FOR A VARIANCE Please provide the following information addressing 1-5 in the Findings from Section 21.6. I of the Oro Valley Zoning Code Revised (OVZCR). In order to authorize a variance request, the Board will be searching for sufficient evidence in accordance with the findings. 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? Our house is located on a very irregularly shaped lot. Although we enjoy a premium view, the house is oriented east/west and placed only 10.25 feet from the rear property line leaving almost no rear yard as most properties have. To the rear of the property is a wide area of natural common properly and a wash Because of the topography, no houses are visible to us across that area. To the right is another area of common property Our closest neighbor is located to the left and at a slightly higher elevation 2. Are there special circumstances that exist that are not self imposed or created by the owner/applicant? See #1 above. We did not build the house and had no input into its placement There are no doors to the outside on either side (south and north) of the house. The only exterior doors are two large patio doors that face the east (rear) and the front entrance and garage entrance on the west side of the house 3. Is the authorizing of the variance necessary for the preservation or the enjoyment of substantial property rights? We can not enjoy the use of the small patio off the master bedroom because of the lack of shade The house has large glass patio doors and transom windows on the east side of the house Due to this orientation the sun heats the eastern exterior wall until after noon The sun on the exterior walls heats the interior and increases the use of the AC. A ramada would reduce the heating on the walls conserving electricity, while providing shade for our rear yard. 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? Most of our neighbors have sufficient space to have a patio cover or to provide other shade within the present guidelines. Our proposed ramada will have no impact on their use of their properties 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 width of the proposed ramada is the minimum necessary to shade the area and to provide relief. It will not materially affect the health, safety and welfare of the neighborhood or surrounding properties as it will not be visible to them and will have no impact on their views or their use of their properties We have contacted our neighbor to the left and he expressed no concern with the project His house sits at an angle to ours and his view is not affected by our house. 2 SUN CITY VISTOSO COMMUNITY ASSOCIATION, INC. ARCHITECTURAL REVIEW COMMITTEE DECISION FORM Meeting Date: July 22, 2008 Harvey Prendeville Jewel Prendeville 13870 N. Engle Hill Drive Oro Valley, AZ 85755 UnitLot: 013010 Request: PATIO COVER Decision: Tabled Requirements: A patio Cover is a structure supported by posts that is firmly attached to a house wall or similar support. Its purpose is to provide shade for an outdoor patio area. The ARC must approve all patio covers prior to installation. All work must comply with the building codes of the Town of Oro Valley. A copy of the building permit must be submitted to the committee before construction can begin. The Residential Yard Requirements of Appendix "A" must be complied with in all cases. Open Roof Patio Cover — This type of patio cover shall not be a solid covering, but must be slatted in some fashion to allow free passage of air from below. Two ways of doing this are 2"X6" roof slats set at an angle, or 2"X2" roof slats spaced 4" to 6" on center. This type of cover must be constructed of wood or steel framing or alumawood (aluminum made to look like wood), or other approved structural materials. All exposed surfaces must be painted to match the main body color of the house. Additional The ARC is not against the concept. You are required to get the approval of the Requirements: Town of Oro Valley first. If approved by Oro Valley you will be required to resubmit to the ARC with the information from Oro Valley. All methods of construction must be in accordance with the Sun City Vistoso C C & R's, Development Standards, the Town of Oro Valley Requirements, and may require a building permit. The approval is granted on the specific merits of this,request and should not be considered a precedent in any other request. Committee Members: Ken Almer, Carolyn Leonard, Charles Cremin, Carol Joers, Steve Mooneyham, Jack Sweeney, Ann Fall. Larry Wolf, Lori Filipek, Lee Vander Ark. and Jerry Van Brunt, Staff Liaison Page 1 of 1 To: Subject: RE: Variance Request - 13870 N Engle Hill Drive - Prendeville Mr. Sayner, Thank you for your comments. Patty Hayes Town of Oro Valley From: Sent: Friday, August 08, 2008 9:32 AM To: Hayes, Patty Subject: Variance Request - 13870 N Engle Hill Drive - Prendeville Re: Variance Request Harvey & Jewel Prendeville - 13870 N Engle Hill Drive, Oro Valley, AZ Attn.: Patty Hayes I am the property owner next door ( ) to Mr & Mrs. Prendeville. I have no objections of any nature as to their request as presented. Franklin D. Sayner It's time to go back to school! Get the latest trends and gadgets that make the grade on AOL Shopping. file://F:\OV\OV 10\2008\OV 10-08-08\RE Variance Request - 13870 N Engle Hill Drive - ... 08/12/2008 13870 N. Engle Hill Drive "09ts Streets - All Streets - Major - With Names reels 0 Parcels - Pima D6105 Color Orthophoto Imagery I Foot Resolution SCALE 1 :800 so 0 io 160 150 FEET /iwti,vw.dot.co.pima.az.us/gis/maps/mapguide/dotmap65.mwf Tuesday, July 15, 2008 8:34AM cx VA REVISED 8128/95 TM v as P-M f,-m is Tm%ax-mr. A0 &SZC:- -0 CuA,*E . -or* FKAL c4vsu-erAL 4=1ROVAL FMCCR=eD PL.&- SCR Lar s A�o _=o_jQARy ,for ,-ATiot :—=A5Ulr-- �=S CK TWIS PLOT pl_A4 ,:-,r VARY DLZ -o;;ELD C-Mcmcgs TIC APFROVAL /-I JOB # SE 0. # PLOT PLAN -A. SCALE 1'=20" SUN CITY VISTOSO ARIZONA UNIT 13 1'3 5 0 N. LOT 10 PLAN ADDRESS =Nr-' BOZZO DEL E. WEBB'COMMUNITIES. IN �•. 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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 AUGUST 26, 2008 OV10-08-08 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 7th day of August 2008 and the last publication thereof was made on the 7th day of August 2008 ; that said publication was made on each of the following dates, to -wit: 0 08/07/08 at the Request of: Town of Oro Valley l d Legal Advertising Manager 9 9 9 ib d and sworn to before e-this 7th day of August 2008 . Notary Public in and for the County of Pim , State of Arizona My commission expires: CELITWA ARvUE Notary Public - Arizona Pima county Expires 10/31/2011 b S NOTICE OF r^UBLIC HEARING BEFQ9E THE ORu VALLEY BOARD OF ADJUSTMENT n accordance with Sec. 21.6.H of the :)to Valley Zoning Code Revised and Arizona Revised Statutes Sec. 3.462.06, NOTICE IS HEREBY GIVEN that the Dro Valley Board of Adjustment will ,old a public hearing on Tuesday, August 26, 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 de- scribed below: OV10-08-08: Harvey and Jewel Pren- deville requests a variance from the required 10' rear yard setback to 4". Subject parcel 4V223-07-2770. located at 13870 N. Encle Hill Drive, Oro Val- ley. AZ. 85755, Site plans are available for review dur- :ng 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: ohayes@orovalleyaz.aov. REO: Sarah More, FAICP Plan- ning and Zoning Director PUBLISH: The Daily Territorial August 7, 2008 hraug26/100808 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, August 26, 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: OV10-08-08: Harvey and Jewel Prendeville requests a variance from the required 10' rear yard setback to 4". Subiect parcel #223-07-2770, located at 13870 N. Engle Hill Drive, Oro Valley, AZ, 85755. 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: phayes e,orovalleyaz.gov. � L _ RLQ: Sarah More, FAICP Planning and Zoning Director Posted: By: Sg Date: 8-4-08 Time: 1: 0 0 P.M.