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Home My WebLink AboutOV101008Development and Infrastructure Services Department September 29, 2010 Stephen Aykroyd and Jennifer Klose 6413 N. Sun Bluff Drive Tucson, AZ 85704 RE: OV1010-08, Stephen Aykroyd and Jennifer Klose, Trustees, on behalf of the Aykroyd Family Trust, request a variance from the Zoning Code Section 23.4, Table of Dimensional Requirements, RI -43 Single Family Residential District side yard setback and Section 25.2.D, Swimming Pools. Subject: Parcel # 224-32-0390 located at 585 W. Atua Place. Dear Jeff and Jennifer: At the September 28, 2010, meeting the Oro Valley Board of Adjustment voted 4-0 to approve the above variance request. Based on this approval, the proposed pool in your residential site plan may encroach up to fourteen (14') feet into the twenty foot side yard of the property. If you need have any questions or concerns, please do not hesitate to contact me. Sincerely, 11 VUR 6-U&it-eOL Karen Berchtold, AICP Senior Planner (520)229-4814, kberchtold@orovalleyaz.gov Cc: File Development Technicians S:\PERMPLUS\DOCS\OV1010-08\PZ—Aykroyd-Kiose approval 9-29-10.doc Planning Permitting Inspection & Compliance Engineering Operations Transit (520) 229-4832 (520) 229-4815 (520)229-4815 (520) 229-4894 (520) 229-5070 (520) 229-4990 Cc ring our heritage I -, our connnunity, our future. 11000 N. La Canada Drive - Oro Valley, Arizona 85737 fax: (520) 742-1022 - www.orovalleyaz.gov 8/23/10 APPENDIX III - CONCEPTUAL DRAWING OF POOL STRUCTURE EXTENDING A MAXIMUM OF 140 INTO THE EAST SIDE YARD SETBACK 10 QL 1 14 14 e r Ill, % ,�. of H 4F 7 ti 10 t 1 , , C C (a 'W C1 2 CL, scale I"=30' I om+A N IT Cipprevo-1 0-9 zon',Aj A Vo&rjomee W1 pool S+'ruefum- -1 -vNCAJ j A +0 3 ICU S to Of Cx+tqCh*t 1p -'A ��r deW Froposed Deve opment �-- , �` �� ' V` � �� 9 90 Site Plan I I COO Aykroyd —Klose Residence Lot 12 Oro Valley Heights 585 W. Atua Place, Oro Valley, AZ Z'ea ?0',, et��ack Ul FND 5/8' IP N 89'56'20' E 309.40' RLS 2178 U b -M Wr 0 kw�i T P Eid A'opc�lV L{ne zot 1304! *Ikb %"$ACVM 0 .,i ani � as1'n �� Ri-3 l� STC F�'.MW 100700031#46 O#J P�toAoSEt,� 1AMEA Falk P"+- 'THAT *ftQUiM �4AAka1Ac. OF A ZoN 1Nb VhMa+NcE T EuTENC VP Tp IN r INTO SIDE ito SET19JI4Cx Y q R�O , . Z TOWN F ORO VALLEY . , PLANNING & ZONING DIVISION, y AllI1,000 N. LA CANADA DRIVE ORO VALLEY AZ N, 37t . 85 37 r , Phone: 520 229-4800 Fax: 520 742-10 vNDE91 D www.orovalleyaz.gov UG 2 r BOARD OF ADJUSTMENT APPLICATION FOR: -,/Zoning Variance Zoning Interpretation Appeal of Administrative Decision NATURE OF REQUEST: X 19 Note: Submittals are due by noon CASE NO.: 0 to-, b If necessary attached written narrative. APPLICANT: �� A � {C�bv a T4eK tos PHONE: SEMI- 889 t 6H6 981- 441-7 t Fes: _ N �A ADDRESS: s,4 � 3 Pj Sj n- br City_ T cson State Zip ?0 Email s%av min ca LAI OWNER: "TriE A RL M -Lw IV Tt-�ftn;Px bse TvS4ccs ADDRESS: (0&413 At Suri Rju�'p 1. City7Z�cspn StateeS709 !F85 Wo, A+uc:k Ptcxcc PROPERTY LOCATION FOR VARIANCE REQUEST: _000 valle-v Az 85731 PARCEL #: Ciro v � l iqla LEGAL DESCRIPTION: CURRENT ZONING: APPLICABLE FEE: ATTACHMENTS: 'OA ca V\s (DaTZ t{.. �, • CC)nce.ptua� drb►w inj o-�` t,�, oot CvPq5e- to 11 X tl Slk?Lav) � SIGNATURE OF APPLICANT (ALSO PRINT NAME) DATE EMNO 01c j�op-p $ 23 10 1 1011 8-/a3 Re se 11-20-08 s/23/a.o Town of oro Valley: Board of Adjustment Application for Zoning Variance Owner: The Aykroyd Family Trust, Stephen Jeff Aykroyd and Jennifer Klose Trustees Parcel Location: 585 W. Atua Place, Oro Valley, AZ 85737 (Lot 12, Uro Valley Heights) Nature of Request: We are requesting approval of a zoning variance to allow the building of an in - ground pool within the side yard setback requirements due to safety, land preservation, and neighborhood welfare concerns. The parcel of land is zoned as R1-43 which requires a 20 foot side yard setback requirement. The zoning variance request is to allow the in -ground pool structure to encroach up to a maximum of 14 feet of the 20 foot zoning requirement. 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? Yes, there are special conditions related to the referenced property that do not apply to other properties in the district. The property is unique in that the lot building pad is elevated approximately 25 feet above street level (i.e. Atua Place), and is constrained in both size and shape due to both the elevation and yard setback requirements. Given the house floor plan and the yard setback requirements, the only place to locate a pool is within the 30 foot front yard setback (north side of lot) and the 20 foot side yard setback (east side of lot) at the northeast corner of the lot. This location for a pool presents a significant safety risk in that immediately on the other side of the north pool wall there would be a steep 25 foot drop off down to the street below, and there is a 15 foot drop off on the other side of the east pool wall. We are extremely concerned about the safety of our children and their friends and the potential that they could severely injure themselves if they were to fall off the ledge of the pool structure in this location. Refer to "APPENDIX I -- PHOTOGRAPHS OF SAFETY CONCERNS WITH SETBACK REQUIREMENTS", Photographs 1 through 7 for images of yard setback requirements and areas of safety concern. An alternative and much safer location for the in -ground pool would be within the existing building pad away from the steep elevation changes on the north side of the lot. However, this location requires that the pool structure encroach into the east side yard setback up to a maximum of 14 feet. The primary advantage of this alternate location is that the pool is surrounded by flat land, and thus will not pose a safety risk to our family and guests. A pool located within the east side yard setback will not negatively affect our neighbors to the east because their house is located a significant distance away on the furthest east portion of their lot and the elevation of their house is below the level of our building pad. 8/23/10 in addition to being safer, the alternate pool location extending into the east side yard setback offers two additional advantages compared to locating the pool at the northeast corner of the lot, within the setbacks. First, building the pool into the side yard setback will minimize disturbances to existing vegetation and topographical contours of the lot. Second, building the pool in the alternate location is superior for the welfare and appearance of the neighborhood because this location is more secluded and not directly visible from the road (Atua Place) below. Refer to "APPENDIX 11 — PHOTOGRAPHS OF PROPOSED SAFER POOL LOCATION THAT REQUIRES VARIANCE APPROVAL" Photographs 8 and 9 for images of the proposed alternate pool location that extends into the east side yard setback, and Photographs 10 and 11 for images of the location of our nearest neighbor to the east relative to the proposed alternate pool location. 2. Are there special circumstances that exist that are not self imposed or created by the owner/applicant? The special circumstances that exist are neither self imposed or created by the owner, but rather due to the topography, size, and shape of the lot. The lot elevation changes present a significant safety risk associated with locating a pool structure within the yard setback requirements. 3. Is the authorizing of the variance necessary for the preservation and enjoyment of substantial property rights? Yes, the zoning variance authorization is necessary for the enjoyment of substantial property rights, and also to provide the owners with the piece -of -mind that the pool is located in a safe area. If the variance is not approved, we will strongly consider not building a pool because of our concern for the safety of our kids and guests. 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 gone in which such property is located? An approval of the variance request will not be inconsistent with the limitations upon other similar properties in the vicinity. Extending the pool structure up to a maximum of 14 feet into the side yard setback will not affect any other properties/ neighbors in the vicinity. The primary reason for this is that the elevation of the pool is significantly above street level and all other neighbors in the area. The house of our closest neighbor, who we share our east side yard property line with, is both a significant distance away (approximately 100 yards) and its elevation is below the proposed alternate pool site. Additionally, we plan to build a four foot block wall along the east property line to enclose the pool for safety purposes and will further obscure our neighbor's view of our property. 8/23/so S. 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, approval of the variance for the pool structure to encroach into the side yard setback up to a maximum of 14 feet is the minimum necessary to afford relief. Additionally, the variance will not materially affect the health, safety, and welfare of the neighborhood or surrounding properties. Approval of the variance: provides a significantly safer environment for our family and guests; minimizes disturbances to the existing vegetation and topographical contours of the lot; and is more beneficial to the welfare of the neighborhood since the location is more secluded from our neighbors. Refer to "APPENDIX III -- CONCEPTUAL DRAWING OF POOL STRUCTURE EXTENDING A MAXIMUM OF 14' INTO THE EAST SIDE YARD SETBACK" for a conceptual drawing of the pool location relative to the side yard setback and the east property line. 3 8/23/14 APPENDIX 1-- PHOTOGRAPHS OF SAFETY CONCERNS WITH SETBACK REQUIREMENTS Photograph 1: From Atua Place Facing South Showing Unsafe 25' Drop off Photograph 2: From Atua Place Facing Southwest Showing Significant Vertical Drop Offs If Variance Is Not Approved 4 1 ' r . f ` 6 i ,G uI AV 8/23/10 Photograph 3: From Atua Place Facing South East Showing Steep Vertical Drop off Along Front Yard Setback 0 8/23/10 Photograph 4: Facing Northeast Showing Yard Setback Requirements Photograph 5: Facing Northeast Showing Steep Vertical Drop Off Along Front Yard Setback s/23/so Photograph 6: Facing Northeast Showing Steep Vertical Drop Off Along Front Yard Setback Photograph 7: Facing North Showing Drop off From Front Yard Setback to Atua Place 7 APPENDIX II - PHOTOGRAPHS OF PROPOSED SAFER POOL LOCATION THAT REQUIRES VARIANCE APPROVAL tae Yar ast roperty ine f Ul )ac�c 14' a�ftrnurf :4. _ Last PropertyLine Photograph 8: Facing North Showing Proposed Pool Location Photograph 9: Facing Southeast Showing Proposed Poo! Location E.1 8/23/10 Photograph 11: Standing on East Property Line Looking at Closest Neighbor's House 0 moi ccs �a w ifY) IVA \ia►d Sz+)0CLcK Seip 2 drop 2 3o` KIM `(WA SA46k YWA S&+%&Ck f P Av �M�Ni �p Sir► scale P'= 34 ELEC. N ST 4 �C�t1 4 Gv1ri1�QoXth variance at6w ti Pool 'S+1rue+0ke 4 ! l u i ', ' p. e Y -kCv%d N, info side o-P cxich K s'oX ..r- deWled drelr,� ropose e�O opment �� 1\ Site Plan 11 Ilk Aykroyd —Klose Residence Lot 12 Oro Valley Heights 585 W. Atua Place, Oro Valley, AZ ` t 4�f �... `. R'tear 0' et4ackcM CV !— r - t R 396°150' FND 5/8' TP N 89°56'80' E 309.40' �V�Q w i' t✓VCJC L!� RLS 13178 f 11 t N LAR6EA %ItTC rtpN P%*;homp AREA fog! %a At%nuft�OAIAI. OF J4 Z aw4 i oo6 Evorv&ift UP Te 1 +1 INTb /o I f 1 -Id M .. N I W `�/ E Y` PLLEy kn�ra'L v 's F�UNpEq 19�n Development and Infrastructure Services Department September 29, 2010 Stephen Aykroyd and Jennifer Klose 6413 N. Sun Bluff Drive Tucson, AZ 85704 RE: OV1010-08, Stephen Aykroyd and Jennifer Klose, Trustees, on behalf of the Aykroyd Family Trust, request a variance from the Zoning Code Section 23.4, Table of Dimensional Requirements, R1-43 Single Family Residential District side yard setback and Section 25.2.D, Swimming Pools. Subject: Parcel # 224-32-0390 located at 585 W. Atua Place. Dear Jeff and Jennifer: At the September 28, 2010, meeting the Oro Valley Board of Adjustment voted 4-0 to approve the above variance request. Based on this approval, the proposed pool in your residential site plan may encroach up to fourteen (14') feet into the twenty foot side yard of the property. If you need have any questions or concerns, please do not hesitate to contact me. Sincerelr�-I ��f Mwc` Karen Berchtold, AICP Senior Planner (520)229-4814, kberchto_ldCa)-orovalleyaz.gov Cc: File Development Technicians S:IPERMPLUSID00510V1010-081PZ_Aykroyd-Klose approval 9-29-10.doc Planning Permitting Inspection&Compliance Engineering Operations Transit (520) 229-48.32 (520) 229-4815 (520) 229-4815 (520) 229-4894 (520) 229-5070 (520) 229-4990 Caring for our heritage, our community, our future. 11000 N. La Canada Drive - Oro Valley, Arizona 85737 fax: (520) 742-1022 • www.orovalleyaz.gov NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY BOARD OF ADJUSTMENT In acordance with Section 21.6.H of the Ocro Valley Zoning Code Revised and Arizona Revised Statutes Title 9-462.06, NOTICE Is HEREBY GIVEN that the Oro Valley Board of Adjustment will hold a public hearing on Tuesday, Sep- tember 28, 2010, commencing at or after 3:00 p.m. The meeting will be held in the Town Council Chambers at the Oro Valley Town Hall, 11000 N. La Canada Drive, and the subject mat- ter will be as further described below: OV1010-08: Stephen Aykroyd and Jennifer Klose, Trustees, on behalf of the Aykroyd Family Trust, request a variance from the Oro Valley Zoning Code Revised Section 23.4, Table of Dimensional Requirements, R1-43 Sin- gie Family Residential District required twenty foot side yard setback and Oro Valley Zoning Code Revised Section 25.2.D, Swimming Pools. Subject: Par- cel # 224-32-0390 located at 585 W. Atua Place, 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 Karen Berchtold at (520) 229-4814 or e-mail: kborchtold@oroval- REO: David Williams, AICP Planning Division Manager PUBLISH: The Daily Territorial September 9, 2010 hrov1010-08 do NOTICE OF PUBLIC HEARING BEFORE THE -- ORO VALLEY BOARD OF ADJUSTMENT In accordance with Section 21.6.H of the Oro Valley Zoning Code Revised and Arizona Revised Statutes Title 9-462.06, NOTICE IS HEREBY GIVEN that the Oro Valley Board of Adjustment will hold a public hearing on Tuesday, September 28, 2010, commencing at or after 3:00 p.m. The meeting will be held in the Town Council Chambers at the Oro Valley Town Hall, 11000 N. La Canada Drive, and the subject matter will be as further described below: OV1010-08: Stephen Aykroyd and Jennifer Klose, Trustees, on behalf of the Aykroyd Family Trust, request a variance from the Oro Valley Zoning Code Revised Section 23.4, Table of Dimensional Requirements, R1-43 Single Family Residential District required twenty foot side yard setback and Oro Valley Zoning Code Revised Section 25.2.D, Swimming Pools. Subject: Parcel # 224-32-0390 located at 585 W. Atua Place, 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 Karen Berchtold at (520) 229-4814 or e-mail: kberchtold a(u)orovalleyaz.gov David Williams, AICP Planning Division Manager S:\PERMPLUS\DOCS\OV1010-08\PZ_NOTICE aykroyd klose variance 9-28-10 BOA.doc N MINUTES ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION September 28, 2010 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE CALL TO ORDER: At or after 3:00 p.m. Chairwoman Hoy -Johnson called the meeting to order a0'02 p.m. ROLL CALL PRESENT: EXCUSED: Sandra Hod Paul Parisi, Jimmy Fielc Jeremy Chi John.Hicke MINUTES: Approval of the Min MOTION: A motion was made by Christopher to apprOp lft'rriinat( MOTION AT THE CALL OF THE CHAIR, THEW ORDER(' LtI ED APPROPRIATE. PUBLIC H I N fiber +` r, Member aEii5 201�1ano August 24, 2010 x.., 5WQ!bn.,d. seconded by Member 201() Wrid August 24, 2010. ITEMS MAY BE TAKEN IN ANY 1. OV1 0-08, StepN�"o Aykroyd and Jennifer Klose, Trustees, on behalf of the Aykroyd Famil ff rust, request a variance from the Oro Valley Zoning Code Revj d si=' ion 23.4, Table of Dimensional Requirements, R1-43 Single Farriily l e°sidential District required twenty foot side yard setback and Oro Valley Zoning Code Revised Section 25.2.D, Swimming Pools. Subject: Parcel # 224-32-0390 located at 585 W. Atua Place, Oro Valley, AZ 85737. For questions and additional information, please contact Karen Berchtold, Senior Planner, at (520) 229-4814 or kberchtold@orovalleyaz.gov Chairwoman Hoy -Johnson swore in the applicants, Jeff Aykroyd and Jennifer Klose. 1 Mr. Aykroyd and Ms. Klose presented the board a handout of their PowerPoint presentation and reviewed it as follows: - Property Overview - 585 W Atua Place Aerial Map - 585 W Atua Place Topographical Map -.Home Site Plan - Enlarged Site Plan - Advantages of Approving Variance Request - Proposed Safe & Neighborhood Desirable Pool Location Built Into Side Yard Setback Variance Request Criteria #1 eE::v Variance Request Criteria #2 - Variance Request Criteria #3 - Variance Request Criteria #4 - Variance Request Criteria #5 € Proposed Pool Location Relative to Neighb to the East Summary iilE3 3 {3jH ...g6 Member Fields said building closer to the 1'6'f pt dtop did not seem to be safer than maintaining the 20 foot setbapk. Ms. KlosMal d there is not a drop off on the east side and reviewed the 6066sed locatiorriW Vice Chair Parisi requested the dire ensions"' re:swiniming pool. Mr. Aykroyd said the swimming pool would be roughly( ft mitt rh`and 20 ft. wide. Vice Chair Parisi asked if tha ho` �xcould ha e been desi' ned narrower and longer to accommodate the, -square foode. Ms ose said it is currently pushed out to ev the maximum of € ry setback ne that ii tjop that building pad. Member Cllr stopher reque ted tha rots p6d square footage of the home. Mr. Aykroy t s i pproj,imat6(yg,5,600 sq ft. Ms. Klose mentioned that 1,500 sq. ft. would tie the guest h) se 4: f her two brothers who require special needs. 3 Chairw"W'-pan Hoy -Johnson asked if the entire 1.3 acres is billable acreage. Ms. Klose satj heY could no3jonger make adjustments to the building pad because a house exist6Wthere preciously. i�E2i`::s; Karen Berchtold;' =senior Planner, presented the staff report and reviewed the following: - Location Map - Zoning Map - Aerial Map - Variance Request - Site Photos - Topography - BOA Findings E Member Christopher inquired about the cut and fill permitting requirements based on this proposal. Ms. Berchtold said a retaining wall up to 6 ft. can be created and you can go up to 8 ft. if you terrace the slopes. Chairwoman Hoy -Johnson opened the public hearing at 3:34 p.m. Oro Valley residents, Jim and Karen Scott, said they were interested in where the wall would be located as opposed to the pool, because their driveway is below the proposed area. Prior to the house being demolished they saw no runoff and now every monsoon they are digging their driveay out because the house is not there and we are not seeing any diversion of.t e . water. Ms. Berchtold said she observed an area of the applicants would be required to stabilize Member Christopher asked Mr. and Mrs. there at all. Mr. Scott said they are not c Chairwoman Hoy -Johnson closed the pu Ms. Klose and Mr. Aykroyd said the, Klose said the architect has alreaWy have been addressed and are inc °i MOTION: A motion was rnade by M Chair Parisi to appr v ;OV U.1+Q-08, 20 ft. side yard se ek to all =a s� t `portheast corner and dme development. ferred'th,e.wall not be the wall, j- - the runoff. ed at 3:38 rid: too are cdg :rued about the runoff. Ms. net with the ading and all these concerns gra} _th the -r Use plan. end seconded by Vice to encroach 14 ft. into the Member ChristopMFl said hdwl'djpp to elaborate as to why he made the motion. He said thefrare topdgraphcal coYrcernSthat are not the applicants fault so they meet v rl r00 ane He A nted out that the previous home was significantly sm�lle!Ahan other`hotnes iii that neighborhood. Member Christopher said the app scants have gone¢ove a'rrirbeyond to make sure that there are no adverse affectsithe neighborliaod. Vice Chair Parisi said thevariance is not going to affect the runoff but the grading and building per ,it w3il.6ddress it. Member Fields said it is a buildable lot as is and is not sure the criteria have been met; they want to build a larger house than they bought a lot for. Chairwoman Hoy -Johnson thought there might be leeway to maneuver but it seems the applicants are utilizing all their space. She asked if the applicants were able to go up in the plans since there was a two-story on the property before. Mr. Aykroyd said one of the limitations they had to address was the maximum 193 height of 18 feet. He said the stairs for a two story home would not be practical for the elderly parents that would be living with them. Joe Andrews, OV Chief Civil Deputy Town Attorney, pointed out that the previous home was a legal nonconforming use being that it was built into the setback and then the Town adopted zoning later that made that house not fit within the envelope it would have needed to have been there. MOTION carried, 4-0. 2. Staff Report Update. Ms. Berchtold said there are no pending cases for B' Who month and gave the following updates: -Development plan consideration for Panda=cess Restaurant at the Town Council meeting on October 6, 2010 -Upcoming Planning & Zoning Commission topics forOctober and IJdtiembe David Williams, OV Planning Division Managers 6Mbunced that there are funds Hit - available for board members to o�fiirt= aining Thes nnual Arizona Planning & setnirti Zoning Boards and Commission JdEbe held n. November 3, 2010, in Phoenix. Mr. Williams requested th ,,mem%,iconta `�taff as soon as possible if they were interested; irr attending. ` _a goat FW. ►11 MOTION: A motion was ma 1e [vlember=hristopher and seconded by Member Fields to ad um the Sf3Alt t?etiriq'at gsID.m. carried, F1 ORO VALLEY PLANNING AND ZONING DIVISION BOARD OF ADJUSTMENT REPORT CASE NO: OV1010-08 Hearing Date: September 28, 2010 Agenda Item No.: 1 Prepared By: Karen Berchtold, AICP, Senior Planner REQUEST: OV1010-08, Stephen Aykroyd and Jennifer Klose, Trustees, on behalf of the Aykroyd Family Trust, request a variance from the Oro Valley Zoning Code Revised Section 23.4, Table of Dimensional Requirements, R1-43 Single Family Residential District, required twenty foot side yard setback and Oro Valley Zoning Code Revised Section 25.2.13, Swimming Pools. Subject: Parcel # 224-32-0390, located at 585 W. Atua Place, Oro Valley, AZ 85737. REQUEST SPECIFICS: The applicant wishes to construct a swimming pool in conjunction with a new home. The property is a 1.38 acre lot in the R1-43 Single Family Residential District. A single family residence on the lot was demolished. The submitted floor plan for the proposed home does not indicate square footage. However, the applicant has indicated the new home will have approximately 5,600 square feet of livable area. The applicant indicated the size of the pool is about 20 feet by 40 feet. (See Attachment I). The proposed swimming pool would encroach into the side yard setback. The setback requirements in the R1-43 Single Family District are: Front yard: 30 feet Side yard: 20 feet Rear yard: 40 feet The Oro Valley Zoning Code Revised (OVZCR) Section 25.2.D.2. notes: "Swimming pools shall be subject to the front and side setbacks of the zone in which they are permitted." The applicant is requesting a variance to encroach 14 feet into the required 20 foot side yard setback to construct the swimming pool. 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, was posted online at www.orovalleyaz.gov and was advertised in the Daily Territorial. EXISTING LAND USE AND ZONING: Subject property: Vacant property zoned R1-43 Single family Residential North: Single family residential zoned R1-43 Single family Residential East: Single family residential zoned R1-43 Single family Residential South: Single family residential zoned R1-144 Single family Residential West: Single family residential zoned R1-36 Single-family Residential SITE INFORMATION: The subject property is Lot 12 in the Oro Valley Heights subdivision. There are a total of 45 lots in the subdivision. The subject property parcel is a rectangular shape. There was an existing single family residence that was demolished, and the lot is now vacant. The western portion of the lot is sloped; the eastern portion is a relatively flat area that will be used as the building pad. SUMMARY: Finding of Facts • The property is 1.38 acres. • The property is in the Oro Valley Heights subdivision which is comprised of 45 lots and was approved in February 1978. • The subdivision is located within the Town's original 1974 incorporation area. • The applicant is requesting a 14 foot encroachment into the side setback for the new pool, which would result in an overall 6 foot side setback. • There is a significant change in topography on the site: the elevation at the northwest corner (front) of the site is 2,556 and the elevation at the southwest (rear) is 2,598, a difference of 42 feet. • GIS analysis shows areas of slope that are greater than 25% on the property. Other properties in the vicinity have similar slope conditions of greater than 25%. • There is a steep bank at the front of the lot that wraps around the northeast corner, and measures twenty-five feet high at the street frontage. The Board of Adjustment should consider the following findings and staff analysis (in italics) in making its decision for each variance request: A. 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. The property is similar to other properties in the vicinity in terms of shape and topography. There is a range of different lot shapes, and the shape of this lot is rectangular. A large portion of the property is sloped, and there is a steep bank at the front. The vicinity is hilly and there is a substantial change in topography throughout the area. B. Special circumstances were not created by the owner or applicant. The applicant has proposed a new home that is larger than the previous home. The extent of the building footprint and circulation areas limits the options for placement of the pool. C. The authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights. There may be opportunity to shift or modify the pool/patio design or even the home design to eliminate the need for a variance in the setback. D. 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. The request does not appear to be based on features unique to this property. There is a reasonable building pad and the lot was previously developed within the limitations placed on nearby properties. E. 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. The variance proposal does not appear detrimental to adjacent properties as no improvements on adjacent properties are proximate to the proposed encroachment. SUGGESTED MOTIONS: The Board may wish to consider the following motions: I move to [approve, approve with conditions, or deny] OV 1010-08 variance request to encroach 14 feet into the 20 foot side yard setback to allow a swimming pool. ATTACHMENTS: 1. BOA application and attachments 2. Location Map 3. Zoning Map 4. Aerial Map 5. Subdivision plan 6. Topographic plan 7. Site Photos David Williams, AICP Planning Division Manager Cc: File Development Coordinator Stephen Aylaoyd and Jennifer Klose S:\PERMPLUS\DOCS\OVl0l0-0KPZ— BOA staff report 9-28-10.doc