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HomeMy WebLinkAboutOV100901oPO�,�LEY AR,r�ti, TOWN OF ORO VALLEY --- . PLANNING & ZONING DIVISION TnJUN \,11,000 N. LA CANADA DRIVE, ORO VALLEY AZ,Phone: (520) 229-4800 Fax: (520) 742-1022 2 2 Z009 E0�0 ►www.orova11eyaz.gov Town of Oro Val BOARD OF ADJUSTMENT APPLICATION FOR: Zoning Variance Note: Submittals are due by noon _ Zoning Interpretation _ Appeal of Administrative Decision CASE NO.: r-1//O 69-0 / NATURE OF REQUEST: PiRoPL-kry 1s o N g Ac .1 jj t/ ��/v�s� F��/1NA,elc. a r// 7O1V../g 9/IdW-C 7�i /1 WAA/(5,41Z r✓ -.,. / o 6�7- JP- Ao _ _DRwazrr' �Nc WL)CAGD tl7 L�/�/ca `the .$m e Ti wild-rior)e.4ri 1z- (flues? /mac P14 c c G If necessary attached written narrative. APPLICANT: 17e `^ `^ s �Qv b Nsa PHONE: yc �ADDRESS: /335y N. k/Icgml/I P/2. City Ao Y /6 State G%Z Zip �S 7SS OWNER: 5�v� oso ADDRESS: gj �,.1 11Lip 5' PROPERTY FOR VARIANCE REQUEST: / 9 3�D N, PARCEL #: LEGAL DESCRIPTION: o? 9 - 3 - o / 3 0 CURRENT ZONING: 5'F ik APPLICABLE FEE: 4150 ATTACHMENTS: 5 + r c 0ial- a SIGNATURE OF APPLICANT (ALSO PRINT NAME) DATE % G -/5-9 1 Qom"..-� :�. �K N. � s o bi �s � �• r- -e—, Revised 11-20-08 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. Please answer the questions below in a narrative format. 1. Are there special circumstances or conditions applying to the property referred to in the application including its size, shape, topography, location or surroundings which do not apply to other properties in the district? PR0FPE9r 1s f.J Lh CAO",f #91,,�,qI24 dN RAC. eell1Renly 7af-I„v5 ilkILP"IC. A06-Js CqL A 14AN67af- 115 LLose AS bee01-&61 ZiWE • AIOc{Gn th c it,aro., tail p e<m es 2. Are there special circumstances that exist that are not self imposed or created by the owner/applicant? 3. Is the authorizing of the variance necessary for the preservation and enjoyment of substantial property rights? a" 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? ONLY ivor /71/o+aea i,v 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. 2 La Cholla Airpark, Inc. 0-v Vt dks—. ri.Z 85755 Phwv 1r-.1k (520; 2:3fti606 .Ill=w. 19, 20N Tc,x.iy of Ovo Valleti- Sa t-A S-11 onrc FAJC > PlaiwhLe and Ztning U ecuyr 10ollT,-iatc. the tiuY-� yUu Wid Dee lVidera ST•;.ML in disrussipn tc i[l', t11C Ct) the issue Of Olt! hcnax-' e mithulldin r niTt.ni of rat or; pxpertie3 at ilia airjmrk. l am pmpr ring the 7oninp rcqucit hot' chtinge thd. T will submiI m xt work, Th1S r::sid, n: (Mr. So,-rpE0Lj) with OLO attached vin*ariCe ron-n i, in need of h variance to add a guest honu?-z on ;iis pmir.utg as attacltc4 plot shows. I Vel-Y Much app=iJtC Vxlttr nffirc and thosc necessa.x to awkt; Chi., de-6si n in udikrssinfl this rcli st With ffie. lids fill Laing atppx. 7 aer::s and with nittist having dwil ac. -ss it is L»lp a wsiliow thr:t mark?, the niail Inns And atidreis h ie:illy clue, neat pldt:c tha rront or.) 106thcraUes3. Witt this iu mind plc hv1p. with thin kstt;: and 0,-Ql )Uu ',Ij =61Ltain a 1,10ttf tax h:t.y: with rr;pnnsihlr. Citi7 qs tll:it .'t' able t4 Wil:cr their pri:perticti. sincryilly Nmtiidrnt i CAP iwc. LI.EY A R'2oG TOWN OF ORO VALLEYja PLANNI NG & ZONING DIVISIONA���� L 11,000 N. LA CANADA DRIVE, ORO VALLEY AZ 85737UPhone: (520) 229-4800 Fax: (520) 742-1022/"DE°'www.orovaRe az. ov UrOWCI G:O BOARD OF ADJUSTMENT APPLICATION FOR: x Zoning Variance Note: Submittals are due by noon Zoning Interpretation _ Appeal of Administrative Decision CASE NO.: NATURE OF REQUEST: Allow a variance to the setback requirements for the guest house. Current zoning requires that the guest house cannot be placed in front of the main house. If necessary attached written narrative. APPLICANT: Dennis Robinson PHONE: ADDRESS: CityOro Valley OWNER: Merle Sampson ADDRESS:13350 N. Kachina Dr FAX: StateAZ_ Zip85755 CityOro Valley StateAZ_Zip85755 PROPERTY LOCATION FOR VARIANCE REQUEST:13350 N. Kachina Dr. Oro Valley AZ 85755 PARCEL #: LEGAL DESCRIPTION: 219-23-0130 CURRENT ZONING: SFR APPLICABLE FEE: $150 ATTACHMENTS:Site Plan, Letter fron LaCholla HOA President Bill Oetting SIGNATURE OF APPLICANT (ALSO PRINT NAME) Revised 11-20-08 D.ert el , -r sv ,� DATE 1 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. Please answer the questions below in a narrative format. 1. Are there special circumstances or conditions applying to the property referred to in the application including its size, shape, topography, location or surroundings which do not apply to other properties in the district? Subject property is in La Cholla Airpark on 8 acres. Prior to annexation of LCAP (La Cholla Airpark) HOA met with the Town of Oro Valley to discuss t the special use of the properties and the potential needs that may be required from time to time. I have attached a letter from the President of LCAP in which the board agrees with this request to place the guest house to the front of the main house. Placing the guest house at the rear of the main house would be noisy and potentially dangerous. 2. Are there special circumstances that exist that are not self imposed or created by the owner/applicant? There is an agreement with the adjoining neighbor to keep any future buildings back from the taxiway to help with their view corridor. 3. Is the authorizing of the variance necessary for the preservation and enjoyment of substantial property rights? Most everyone in the airpark paid a premium price to live on 7 — 8 acres and enjoy their hobbies. By not allowing the variance our property values would decrease substantially. 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 current homeowners in the airpark have been allowed in the past much latitude within the zoning and building guidelines. 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 proposed guest house location is over 200 feet from the main road and heavily buffered by a wash and mesquite trees. The placement of the guest house is only moderately forward of the main house. Revised 11-20-08 2 MINUTES ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION July 28, 2009 ORO VALLEY COUNCIL CHAMBERS er 11000 N. LA CANADA DRIVE CALL TO ORDER ROLL CALL PRESENT: Jeremy Christopher, Chair Jimmy Fields, Vice Chair John Hickey, Member Paul Parisi, Member MINUTES: Approval of the Minutes of January 27, 2009, Regular Session. MOTION:'A motion was made by Member Hickey and seconded by Vice Chair Fields to approve the minutes of the January 27, 2008 Regular session. MOTION carried, 4-0. PUBLIC HEARINGS: 1. CASE NO: OV10-09-01, Merle Sampson, represented by Dennis Robinson, is requesting a variance from the location requirement of a detached accessory building. The request is to allow a detached guest house to be built in from of the main house. Subject parcel # 219-23-0130 is located at 13350 N. Kachina Drive, Oro Valley, AZ, 85737. Chair Christopher swore in Dennis Robinson who spoke on behalf of the applicant, Merle Sampson. Mr. Robinson stated that he also lived in the airpark and would build the guest house for Mr. Sampson. He acknowledged that an outbuilding could not be located in front of the main house. He stated that: • Most of the homes faced the runway. • They were trying to keep the guest house behind the main house and away from the runway for safety reasons. • It was not a visual issue but a zoning issue. • Many homeowners wanted to have their outbuildings kept away from the runway. Vice Chair Fields questioned with whom the owner made an agreement. Mr. Robinson answered that the agreement was made with an adjoining neighbor to the north of the property named Skip Walker. He stated that Mr. Sampson had 07/28/09 Minutes, Board of Adjustment 2 promised Mr. Walker that he would not build in his view corridor which was along the runway. It was estimated that the home had been built in the 1970's. Zoning Inspector Patty Hayes presented the staff report. She stated that the applicant requested a variance to allow a detached guest house to be built in front of the main house between the main house and the street. Ms. Hayes explained that Oro Valley Town Code required that detached accessory buildings must be built to the side of or behind the house. She noted that the La Cholla Airpark was the only airpark within Town limits and had special zoning. She stated that the special zoning permitted homeowners to build hangars in front of the house. Ms. Hayes noted that the applicant had access to the runway at the rear of the property. She stated that the applicant expressed safety concerns regarding placing the guest house at the rear of the property. Additionally, Ms. Hayes noted that: ♦ The front yard setback for the property was fifty feet. ♦ The property was posted with a notice of hearing. ♦ Property owners were notified by mail o There were no responses in favor of or against the variance. It was noted that: ♦ Kachina Drive was a private roadway. ♦ There had not been cases similar to this request in many years. ♦ It was unknown whether this request would have been granted prior to the annexation of the area to the Town. Chair Christopher opened the public hearing. President'of La Cholla Airpark Corporation, Bill Edding, stated that Pima County would have allowed such a request and building in front of the house had happened in the past. He stated that Town Code limited homeowners on the use of up to 2/3 of their lot which limited property values. He stated that Mr. Sampson could go to the extent of having his address changed so that the runway would be located at the front of the house. MOTION: A motion was made by Vice Chair Fields and seconded by Member Hickey to approve the variance to allow a detached guest house to be built in front of the main house on subject parcel # 219-23-0130 located at 13350 N. Kachina Drive, Oro Valley, Arizona 85737. MOTION carried, 4-0. ADJOURNMENT 07/28/09 Minutes, Board of Adjustment 3 MOTION: A motion was made by Member Hickey and seconded by Vice Chair Fields to adjourn the meeting at 3:10 p.m. MOTION carried, 4-0. Prepared by:, Christina Pickering Senior Office Specialist AGENDA ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION JULY 28, 2009 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 January 27, 2008, Regular Session. AT THE CALL OF THE CHAIR, THE AGENDA ITEMS MAY BE TAKEN IN ANY ORDER, AS DEEMED APPROPRIATE. PUBLIC HEARINGS: 1. CASE NO: OV10-09-01, Merle Sampson, represented by Dennis Robinson, is requesting a variance from the location requirement of a detached accessory building. The request is to allow a detached guest house to be built in from of the main house. Subject parcel # 219-23-0130 is located at 13350 N. Kachina 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: 7-21-09 10:00 a.m. cp ORO VALLEY PLANNING AND ZONING DIVISION BOARD OF ADJUSTMENT REPORT CASE NO: OV 10-09-01 Hearing Date: July 28, 2009 Agenda Item No.: 1 Prepared By: Patty Hayes, Zoning Inspector REQUEST Merle Sampson, represented by Dennis Robinson, is requesting a variance from the location requirement of a detached accessory building. The request is to allow a detached guest house to be built in front of the main house. Subject parcel #219-23-0130 is located at 13350 N. Kachina Drive, Oro Valley, AZ, 85737. REQUEST SPECIFICS Merle Sampson requests approval to building a detached guest house in front of the main house. The Oro Valley Zoning Code Revised, Section 23.6.a.3.b states that a detached accessory building shall not exceed the height of the main building nor be any closer to the front lot line that the main building. The existing main house is approximately 368' from the front lot line. The proposed detached guest house will be approximately 240' from the front lot line. SITE LOCATION The property is located in the La Cholla Airpark. The property is accessed from Moore Road and Tailwind Drive. Tailwind is located 1/4 of a mile east of La Cholla Blvd. To access to the property drive north on Tailwind Drive, east (right) on Cessna Way and north (left) on Kachina 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 pnline at www.orovalleyaz.gov and was advertised in the Daily Territorial. At the time of this report preparation staff, has not received any comments. EXISTING LAND USE AND ZONING Subject property — Existing house zoned R1-300 North - Existing house zoned R1-300 West - Existing house zoned R1-300 East- Across runway existing hanger zoned R1-300 South - Existing house zoned R1-300 SITE INFORMATION This lot is located in the La Cholla Airpark. The La Cholla Airpark was established in the 1970's and annexed into the Town of Oro Valley in 2005. The subject property is a lot with a wash through the western section running north to south. There is an existing house, airplane hanger and accessory building on the lot. Finding of Facts ■ The La Cholla Airpark is the only airpark in the Town limits and therefore has unique zoning allowances for airplanes. • Airplane hangers may be located closer to the front lot line than other accessory buildings per the OVZCR R1-300 zoning. The code requires that other detached accessory buildings be built beside or behind the main house. • The existing airplane hanger is approximately 20' closer to the front lot line than the main house. ■ Occasionally property owners with a similar situation may change their address in order to change the lot's setbacks. Changing the address on this property to Pilot Drive would change the location of the front lot line, therefore eliminating the need for this variance. However, this is not feasible since Pilot Drive is also the runway thus requiring mail, deliveries and emergency vehicles to search for the address near the runway. The detached guest house would be held to the other zoning code requirements such as height, kitchen restrictions and distance between buildings. Applicant has expressed safety concerns about placing the guest house behind the main house near the existing aircraft hanger and runway. The proposed location of the guest house could not be much closer to the front lot line due to an existing wash through the front of the property. 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 authorizing 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 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 motion I move to [approve, approve with conditions, or deny] OV 10-09-01, a request to allow a detached guest house to be built in front of the main house. ATTACHMENTS: 1. BOA application 2. Location map 3. Aerial photo F:\OV\OV 1 0\2009\10-09-0 I\REPORT.doc Paul R. Popelka, RLA/AWY Assistant Planning and Z ng Director 42 -JL ' Dimr 77 1 'ParrPlc — Pima' rplprtPri 1,056.82 x 599.94 (ft) t R!t Kai• .,,;i �T •: _� �� .. � ��;z }... R ^fi •3 _ !, ao a aiK �+` � � a,,. ,t .� . 'y+• •+g���}• y �!�g!C"� vd�. l�ty, ;f i, �'Y,.�'ySi.i�� �'b".q,.o;� � .i�ll'yt 's f _ `��,•� `�' }' ��"•Y _"z� , 6., tom�,, i�' �$Y' �p # '.r .tf� • ;+i •" 1' S'° A "m.# rim a�d �.�, y ,•e,"•�a. 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A;... f l.: a r pay }q r' wE ♦C •, !� .j .- of �h : ± ' ' Sv-. � ...: � ^#';ex• ..n`�g, 4� .� � '�.f. '►fib ..' •2! - J ..•. �'•_• t« �r '.-S '�••: -r •t�� „'to- ., �}[ t:• / ` m F•.u� -,�" -r « z S j.Yi � s� •:6 _ �T N Parcel 219-23-0130 300' J NOTICE OF PUBLIC HEARING BEFORETHE 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 28, 2009 commencing at or after 3:00 p.m. The meeting will be held at the Oro Valley Town Hail, 11000 N. La Canada Drive and the subject matter will be as further described below: OV10-09-01: Merle Sampson, repre- sented by Dennis Robinson, Is re- questing a variance from the location requirement of a detached accessory building, The request Is to allow a detached quest house to be built In front of the main house, Subject par- cel #219.23-0130 is located at 13350 N. Kachina Drive, Oro Valley, AZ. 85737• Details are available for review during normal business hours at the Oro Valley Town Hall, Development Services Cen- ter. 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; Dhaves@orovallevaz.00v. REO: Sarah More, FAICP Planning and Zoning Director PUBLISH: The Daily Territorial July 7, 2009 hrjuly2W19230130 rm 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 28, 2009 commencing at or after 3:00 p.m. The meeting will be held at the Oro Valley Town Hall, 11000 N. La Caiiada}Drive and the subject matter will be as further described below: OV10-09-01: Merle Sampson, represented by Dennis Robinson, is requesting a variance from the location requirement of a detached accessory building. The request is to allow a detached guest house to be built in front of the main house. Subiect parcel #219-23-0130 is located at 13350 N. Kachina Drive, Oro Valley, AZ, 85737 Details are available for review during normal business hours at the Oro Valley Town Hall, Development Services 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 es ,orovalleyaz.gov. I,, L ), Q: Sarah More, FAICP Planning and Zoning Director Posted: 6- 2 6- 0 9 By: sg Date: 6-26-09 Time: 1 0: 2 0 a. m.