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
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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?
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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
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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.