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HomeMy WebLinkAboutMinutes - Board of Adjustment - 8/26/2003 AGENDA ORO VALLEY BOARD OF ADJUSTMENT AUGUST 26, 2003 ORO VALLEY TOWN HALL COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE CALL TO ORDER: 3:03 p.m. ROLL CALL PRESENT: Bill Adler, Vice Chairman Lyra Done, Member Bart Schannep,Member Colleen Kessler,Member EXCUSED: Cindy Lewis, Chairperson MINUTES: Approval of the May 27,2003 minutes. MOTION: Member Done moved to approve the May 27, 2003 minutes with the corrections noted. Member Schannep seconded the motion. Motion carried, 4-0. ELECTION: Election of the Chair and Vice Chair Vice Chairman Adler moved the election of the Chair and Vice Chair to follow Item 2. 1. CASE NO. OV10-03-04 MONTEREY HOMES, 4742 N. ORACLE ROAD, SUITE 111, TUCSON, AZ 85705,REQUEST FOR A VARIANCE TO REDUCE THE REQUIRED FRONT YARD SETBACK FOR MIRA VISTA SUBDIVISION,LOT 23. SUBJECT PROPERTY: (PARCEL #214-08-3340) 11968 N. THORNBUSH DRIVE, ORO VALLEY, AZ 85737 Vice Chairman Adler swore in the witness that was intending to testify. Rudy Carrillo, representing the applicant, explained that Monterey Homes was requesting a zoning variance for Lot 23 located in the Mira Vista Subdivision in regards to the front yard setback. He explained with out the variance the home would encroach into the front yard setback approximately 4 feet creating a 21 feet front yard setback. He proceeded to use photos and charts depicting the current layout of the proposed home with the proposed revisions that would be made to the plot plan. Vice Chairman Adler explained that the 5 standards were critical to the Board in making their decision and the standards must be met in order for the Board to grant a variance. He asked if the applicant would take a moment to elaborate on the explanations given on the application that addressed the 5 standards. Mr. Carrillo explained that in his opinion the configuration of Lot 23 would be the special circumstances because the shape of the property does not allow the home to be placed in a manner that would be aesthetically correct and consistent with the neighborhood. 08/26/2003 Minutes, Board of Adjustment 2 Dee Widero, Senior Zoning Inspector, reported that Monterey Homes explained that the applicant was proposing to reduce the front yard setback from the required 25 feet to 19.5 feet from the front property line. She added that model #2010 was the smallest of the approved models for the Mira Vista Subdivision. She reported that at the time of the report preparation, staff received phone calls and letters of concern from a Mr. Lather, Mr. Schroeder and Mr. Austin , who were in opposition to the request. Staff finding of facts: • Model 2010 could be built without the 3rd car garage or the 3rd car garage could be placed near the two car garage portion of the home. She added that in either case the modification would require a model revision review by the Development Review Board. • Staff clarified that the model could not be turned at a different angel. Member Kessler pointed out that after reviewing the report, there were no models available that would fit the lot. She asked if model #2010 was the smallest model in square footage that could be used on the lot. Ms. Widero replied, "That is correct." Member Done pointed out that according to the design created by Monterey Homes, the matrix reflects that there was no model available that would fit on Lot 23. Ron Teaney, 1581 East Deer Shadow Lane, a representative from Monterey Homes, explained that the matrix information submitted may have been done incorrectly because there was 1 plan that would fit the lot, but the information might have slipped through the cracks. In answer to a question from Vice Chairman Adler, Joe Andrews explained that regardless of any information possibly slipping through the cracks, the Board of Adjustment would only need to address and focus on the 4 foot setback request for variance. Vice Chairman Adler opened the public hearing and swore in the witness that was intending to testify. Frank Combs, 11905 North Thombush, had concern that the value of his property might depreciate because of the revisions and setback made to the home on Lot 23; and whether Model #2010 was the smallest home available. He felt that the home demographics would be significantly different from the other homes in the neighborhood. Vice Chairman Adler swore in the witness intending to testify. Linda Hatheway, 1726 West Copper Sky Drive, opposed the construction of the home and stated that if the builder had a problem with the model fitting, the builder should have offered a smaller home. She agreed that demographics of the home would not be copasetic with other homes in the neighborhood. Vice Chairman Adler swore in the witness intending to testify. Bill Austin, 11916 North Thornbush, had concerns that some of the residents within 300 feet had not received proper notice of the hearing. He stated that Monterey Homes knew that there would be problems with the lot and should have made allowances for a home that would fit on the lot without 08/26/2003 Minutes, Board of Adjustment 3 a variance. He stated that he was opposed to moving the home forward and asked that the Board deny Monterey Homes the variance as well as any other alternative revisions. Vice Chairman Adler swore in the witness intending to testify. Alan Lathrem, 1750 West Tangerine Road,had mixed feelings about the variance request felt feel the builder should have done their homework and realized that there would be problems designing a home to fit on Lot 23. Also, he agreed that the Town had not done a very good job in notifying the residents in the surrounding area. Vice Chairman Adler swore in the witness intending to testify. Margaret Lujan, 11880 North Thornbush, suggested placing a smaller home on the lot, otherwise the Board should deny the request for a variance. Vice Chairman Adler swore in the witness intending to testify. Tom Snider, 11972 North Thornbush Drive, explained that he had not received notification of the hearing and was opposed to the change in setbacks. Vice Chairman Adler closed the public hearing. MOTION: Vice Chairman Adler moved to DENY the request for variance for Case No. OV 10-03- 04, finding that the request failed to meet finding#1 that addresses the special circumstances on the property. Member Schannep SECONDED the motion. Discussion: Member Done stated that it was questionable that Item B in the application had been met as well since the developer had platted the land in the beginning of the development plan for the subdivision. Motion carried 4-0 to deny Case No. OV 10-03-04 2. REQUEST TO THE TOWN ATTORNEY FOR CLARIFICATION ON THE ORO VALLEY ZONING CODE REVISED SECTION 1-709.A, FINDINGS. Specifically, does the term "property", and by extension the term "special circumstances or conditions", in the referenced section apply to just the land or does it include improvements. Joe Andrews, Civil Attorney, informed the Board that Town Attorney Mark Langlitz was unable to attend the meeting to address their questions regarding this matter and has requested that this item be continued to a later date. MOTION: Member Done moved to CONTINUE Item 2 to the next regularly scheduled meeting. Motion SECONDED by Member Schannep. Motion carried, 4-0. ELECTION OF THE CHAIR AND VICE CHAIR MOTION: Vice Chairman Adler suggested rotating the positions of the Chair and Vice Chair between the Board members so that each member would be given an opportunity to have the experience of running a regular meeting, special meeting or study session. 08/26/2003 Minutes, Board of Adjustment 4 Member Done announced that she would be unable to continue to serve on the Board of Adjustment. She explained that she would be serving on the Budget and Bond Committee, but would attend the Board of Adjustment meetings as long as necessary until a new member was appointed. AMENDMENT TO MOTION: Member Schannep suggested that the board assign a new chair and vice chair for each regularly scheduled meeting by using the first letter in their last name and placing them in alphabetical order. He recommended that the same strategy be used for the vice chair rotation as well. He inquired if there would be a point when the chair person would be required to attend any functions as a representative of the Board. Vice Chairman Alder explained that a member of the Board would not be considered or invited to participate in any outside activities other than the Board of Adjustment meetings. The Board agreed that the rotation would occur only for regularly scheduled meetings. Vice Chairman Adler suggested that the minutes of each scheduled regular meeting reflect who would be serving as chair and vice chair at the next meeting. MOTION carried, 4-0. Vice Chair Adler announced that a special meeting would held in September to address Item 2 - Request To The Town Attorney For Clarification On The Oro Valley Zoning Code Revised Section 1-709.A, findings. Specifically, does the term"property", and by extension the term"special circumstances or conditions", in the referenced section apply to just the land or does it include improvements. PLANNING AND ZONING UPDATE No report. ADJOURNMENT MOTION: Member Done moved to ADJOURN the meeting at 4:39 p.m. Member Schannep SECONDED the motion. Motion carried, 4-0. Respectfully submitted, < jA,412/ Linda Hersha, Secretary II