HomeMy WebLinkAboutOV101108 Development and Infrastructure Services
Planning Division
11000 N La CarSada Drive, Oro Valley,Arizona 85737 520-229-4815 520-742-1022(Fax)
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BOARD OF ADJUSTMENT APPLICATION
FOR: gi._Zoning Variance Note: Submittals are due by noon
_Zoning Interpretation
_Appeal of Administrative Decision CASE NO.: 0\1 I O\I --'0? .
NATURE OF REQUEST:
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If necessary attached written narrative.
APPLICANT: De,( V, S+ i \) rovy\
PHONE: 5",20 ` 42/4 - S 2qo FAX:
ADDRESS: P0 &ic 6 4L/4(,
City 7Loi State/9Z Zip 857Z8 Email A5-fe,i 14,6 rO vl e ac /' cicr3!„
OWNER: fnitia_ci rG /9p L L C:
ADDRESS: pO 8Dx ( 4/Lkp
City h-,ccsor, StatenL Zip 85"Jg-
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PROPERTY LOCATION FOR VARIANCE REQUEST: Q3 () At, ( // L i"2;/ziro
Lincc�j: St-c.... -r� rc� . 2 �-0��0 -�-
PARCEL#:g2D-ii-
� 7SD LEGAL DESCRIPTION: i"
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CURRENT ZONING: A 1 - 133 APPLICABLE FEE: -i/6-0
ATTACHMENTS: Aiarrci-tive � 46&oci,�Prlf -�-p1�.�,f� � 4ciiie � 1--.,2--ip/4�r�
SIGNATURE OF APPLICANT (ALSO PRINT NAME) DATE
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NATURE OF REQUEST—Narrative continued
The proposed accessory building is a 24 ft x 24 ft, 2-stall horse enclosure. It consists of 2 stalls,
each 12 ft x 12 ft with a 12 ft x 24 ft porch. The porch will face the front property line and the
attached 12 ft x 12 ft corral will face the house. The height of the roof is 11 ft. (Attachment 1)
The accessory building will be set back 190 ft. from the front property line. View of the
accessory building from Calle El Milagro will be obscured by natural vegetation. All other
setback requirements will be met.
SUPPLEMENTAL QUESTIONS
Question 1.
We purchased this property in April,2011. It consists of 6.2 acres and is an irregular L-shaped
lot. A variance is necessary because the main dwelling,built in 1974,was placed in the rear
portion of the property. It is positioned such that the front of the home faces south into the
property and not toward Calle El Milagro. It is set back 320 ft from the front property line and
190 ft from the rear property line. The R1-144 zoning requires only a 50 ft setback from the front
property line. There is approximately 140,960 sq ft of property(about half of the lot)in front of
the house which cannot be used if a variance for an accessory building in front of the main
building is not allowed.
The property is an L-shape. (Attachment 2) Most other properties in this area are rectangular or
square. The southern, narrow strip of property is inadequate to accommodate the required
setbacks for a horse enclosure. The well supplying water for this property is also located at the
south property boundary.
The property had once been used as a nursery, and there is a cleared garden area to the east
(toward rear property line)of the main building with an underground watering system connected
to the well. As this property is zoned for agriculture,we plan to use the existing water system in
the back portion of the property for a naturally grown vegetable garden.
This subject property is located in a mixed use area. Approximately 340 ft from the property is
the Town of Oro Valley Public Works and Operations Facility which houses road equipment,
vehicles and includes a metal accessory building adjacent to the Calle El Milagro property line
and visible from the road. In addition,there are commercial horse facilities nearby.
The subject lot is 6.2 acres which is near the minimum lot size(6.9 acres)of residential
properties zoned R1-300. R1-300 zoning does allow for accessory buildings in the front yard
including livestock buildings.
Question 2.
The shape of the property and locations of the main dwelling,well &water system as described
in Question 1 were not self imposed,but existed at the time of purchase.
r '
Question 3.
This variance is necessary to allow use of the 140,960 sq ft of property in front of the main
house,thus preserving substantial property rights. The rear portion of the property will be used
for agarden since a water system is already in place and it is in close proximity to the existing
well.
Question 4.
No. The location of the proposed accessory building will be a significant distance(190 feet) from
the front property line,and it will be obscured by vegetation. It will not be positioned to be in
front of the main dwellings of the adjacent properties to the north&south. Other setbacks and
requirements will be adhered to.
Question 5.
This variance will not affect the health, safety or welfare of the surrounding properties. It is the
minimum necessary to afford relief.
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ADDENDUM to Supplemental Questions
Variance application for 9380 N Calle El Milagro
Ref# OV 1011-08
Question 1.
The main dwelling is set back 330 ft. from the front boundryon Calle El Milagro,
. not 320 ft as
originally stated.
The size of the property to the.front of the main dwellingis 108 240 sqft, not 140,960 '
. � which
originally had been calculated from the rear of the dwelling. This remains a significant g gn cant area,
greater than 2.5 acres.
Question 3
This property is zoned R1-133 which allows farming &agriculture. We purchased this s property
in order to develop a naturally grown vegetable farm. Weplan to use the entire
the east portion of
he property behind the main dwelling and guest house and to the south of the '
main building for
farming. It is in close proximity to the well and there exists an underground g watering system as
well as the frame & foundation of a 51 ft. x 48 ft. green house. Electricity and water ter are already
located at the green house. The property had been a nursery at one time.
The southeast portion of the property is narrow at 158 ft. A road extends through the property to
the well. This road is used by Tucson Electric Power to access lines & metersservicing servicing at least 4
separate properties. The location of a stall enclosure here would require additional solid walls is on
2 sides and impede access to well and power.
Locating the garden area to the front of the property away from the well would involve increased
ncreased
expense requiring an additional water tank and likely a pumpand the extension of electricity ricity to
assure adequate water pressure.
Question 4.
Both adjacent properties to north& south could place accessorybuildings to the '
. g sides of their
main buildings at 190 ft. from Calle El Milagro without requiring a variance. This
. q g distance from
Calle El Milagro is what we are requesting for our accessory building.
.
Question 5.
The accessory building being requested is only 526 sq. ft. includingtheporch.
q The property
owners to the south do not have horses; however the property owners to the north do have horses
which is why we considered locating the stall enclosure to the north.
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Development and Infrastructure Services
January 30, 2012
Del Steinbronn
9380 N. Calle El Milagro
Oro Valley, AZ 85737
RE: Request for variance from Zoning Code Section 23.6.A.3.b. to allow an accessory
structure to be located closer to front property line than the main building. Property is at
9380 N. Calle El Milagro. OV1011-08.
Dear Del:
At the Board of Adjustment meeting on Tuesday, January 24, 2012, the Board voted 3-0 to
grant the above-referenced request for a variance, subject to the following condition:
An additional row of trees shall be planted against the west or front side of the property
to provide for more substantial foliage screening from the road.
You may now apply for a building permit for the accessory structure. To meet the condition
noted above, the row of trees should be depicted on the building plans.
Please do not hesitate to contact me if you have any questions, or I can be of assistance.
Sincerely,
Kmcis-ue
Karen Berchtold, AICP, 229-4814, kberchtold@orovalleyaz.gov
Senior Planner
Cc: File
S:\PERMPLUS\DOCS\OV1011-08\steinbronn BOA approval 1-30-12.doc
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11000 N.La Canada Drive•Oro Valley,Arizona 85737 fax: (520)742-1022•www.orovalleyaz.gov
a
MINUTES
ORO VALLEY BOARD OF ADJUSTMENT
REGULAR SESSION
JANUARY 24, 2012
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
CALL TO ORDER AT OR AFTER 3:00 PM
Tobin Rosen, Town Attorney, began the meeting at 3:00 p.m., and announced
that a motion was needed to select a chairman for the meeting.
MOTION: A motion was made by Member Dankwerth and seconded by Member
Bohl to place William Adler as Chairman of today's BOA meeting.
MOTION carried, 3-0.
ROLL CALL
PRESENT: William Adler, Chairman
John Bohl, Member
Helen Dankwerth, Member
EXCUSED: Jeremy Christopher, Member
Mike Zinkin, Member
ORDER OF BUSINESS
MINUTES: APPROVAL OF THE DECEMBER 20, 2011, MINUTES
MOTION: A motion was made by Member Bohl and seconded by Member
Dankwerth to continue the approval of the December 20, 2011 minutes to the
February 28, 2012 BOA meeting.
MOTION carried, 3-0.
PUBLIC HEARING:
1. Request for a variance to allow an accessory structure to be closer to the
front lot line than the main building, for property located at 9380 N. Calle El
Milagro.
Del Steinbronn, applicant, provided an overview of his variance request; photos
of the proposed structure; a view from Calle El Milagro; property zoning; a
special circumstance and necessity of the variance; phases; an aerial map and
01/24/12 Board of Adjustment Regular Session Minutes 1
scale view ofro erty; a plot view of Linda Vista Citrus Tracts and photos from
p p
neighboring properties. Mr. Steinbronn added information regarding his
g 9
daughter's medical condition.
Valerie Steinbronn, applicant's daughter, explained the farming process in
connection with the Community Food Bank and Farmer's Market.
Karen Berchtold, Senior Planner, presented an overview of the following:
- Applicant's Request
- Location and Zoning Maps
- Variance Request
- Site Photos
- Staff Analysis and BOA Findings
Chairman Adler opened the public hearing.
Sam Minter, Oro Valley resident, spoke in favor of the variance.
Maryann Adamcin, Oro Valley resident, spoke in favor of the variance.
Chairman Adler closed the public hearing.
MOTION: A motion was made by Member Dankwerth and seconded by Member
Bohl to approve the request for a variance to allow an accessory structure to be
closer to the front lot line than the main building, for property located at 9380 N.
Calle El Milagro, with the condition that an additional row of trees be
planted against the west or front side of the property to provide for more
substantial foliage screening from the road.
MOTION carried, 3-0.
*ELECTION OF BOARD OF ADJUSTMENT OFFICERS
MOTION: A motion was made by Member Bohl and seconded by Member
Dankwerth to continue the Election of Board of Adjustment Officers to the
February 28, 2012 BOA meeting.
MOTION carried, 3-0.
2. Request for a variance to allow an accessory structure to be closer to the
front lot line than the main building, for property located at 2553 W. Owl
Vista Place.
01/24/12 Board of Adjustment Regular Session Minutes 2
0 ......
Pat Dinning, applicant, presented licantinformation on his request; the need and
location of thearag
e; reviewed the findings to meet the 5 criteria; and site
g
photographs.
Marlis Dinning, applicant, commented on the plat map and direction of the homes
on Owl Vista Place in determining the front property line.
Ms. Berchtold presented an overview of the following:
- Applicant's Request
- Location and Aerial Maps
- Topography/Drainage
- Site Photos
- Garage Plans/Possible Locations
- Staff Analysis and BOA Findings
Chairman Adler opened the public hearing.
David Davis, not an Oro Valley resident, spoke in favor of the variance.
Chairman Adler closed the public hearing.
Mr. Dinning added that provisions were made for access to the properties located
directly north and south.
MOTION: A motion was made by Member Bohl and seconded by Chairman
Adler to approve the request for a variance to allow an accessory structure to be
closer to the front lot line than the main building, for property located at 2553 W.
Owl Vista Place.
Chairman Adler made a recommendation that the Planning and Zoning
Commission consider a revision to the Zoning Code with regard with the
placement of accessory buildings.
MOTION carried, 2-1 with Member Dankwerth opposed.
3. Planning Division Manager Update
David Williams, OV Planning Division Manager, updated the Board on the
following:
- Proposed LA Fitness Facility
- Town Council Public Budget Session
- Community Outreach Program
ADJOURNMENT
01/24/12 Board of Adjustment Regular Session Minutes 3
MOTION: A motion was made by Member Dankwerth and seconded by Member
Bohl to adjourn the BOA meeting at 4:54 p.m.
MOTION carried, 3-0.
Prepared by:
Suzanne Molinar
Recording Secretary
I hereby certify that the foregoing minutes are a true and correct copy of the
minutes of the regular session of the Town of Oro Valley Board of Adjustment of
Oro Valley, Arizona held on the 24th day of January, 2012. I further certify that
the meeting was duly called and held and that a quorum was present.
Dated this day of , 2012.
01/24/12 Board of Adjustment Regular Session Minutes 4
04\1 \D \\- D6
AGENDA
ORO VALLEY BOARD OF ADJUSTMENT
REGULAR SESSION
JANUARY 24, 2012
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
CALL TO ORDER AT OR AFTER 3:00 PM
ROLL CALL
ORDER OF BUSINESS
MINUTES: APPROVAL OF THE DECEMBER 20, 2011, MINUTES
PUBLIC HEARING:
1. Request for a variance to allow an accessory structure to be closer to the front lot
line than the main building, for property located at 9380 N. Calle El Milagro.
2. Request for a variance to allow an accessory structure to be closer to the front lot
line than the main building, for property located at 2553 W. Owl Vista Place.
3. Planning Division Manager Update
ADJOURNMENT
POSTED: 1 17 12
TIME: 5:00 PM
BY: tlg
When possible, a packet of agenda materials as listed above is available for public
inspection at least 24 hours prior to the Board of Adjustment meeting in the Town Clerk's
Office between the hours of 8:00 a.m. — 5:00 p.m.
The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any
person with a disability needs any type of accommodation, please notify the Town
Clerk's Office at least five days prior to the Board meeting at 229-4700.
INSTRUCTIONS 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 their business meeting. Members of
public may be allowed to speak on g the
p these topics at the discretion of the Chair.
If you wish to address the Board on any item(s) on this agenda, lease complete a
p p blue
speaker card located on the agenda table at the back of the room andgive it to
Recording Secretary. Please indicate onthe
the speaker card which item number and
topic you wish to speak on, or if you wish to speak during "Call to Audience,"
,
please specify what you wish to discuss when completing the blue speaker card.
Please step forward to the podium when the Chair announces the item(s) on the agenda
which you are interested in addressing.
1. For the record, please state your name and whether or notY ou are a Town
resident.
2. Speak only on the issue currently being discussed by the Board. Please
organize your speech, you will only be allowed to address the Board once
regarding the topic being discussed.
3. Please limit your comments to 3 minutes.
4. During "Call to Audience" you may address the Board on any issueY ou wish.
5. Any member of the public speaking must speak in a courteous and respectful
manner to those present.
Thank you for yourcooperation.
"Notice of possible quorum of the Oro Valley Town Council, Boards, Commissions, and
Committees: 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, Conceptual
Design Review Board, Historic Preservation Commission, Parks and Recreation
Advisory Board, Planning and Zoning Commission, Storm Water Utility Commission and
the Water Utility Commission may attend the above referenced meeting as a member of
the audience only."
MINUTES
ORO VALLEY BOARD OF ADJUSTMENT
REGULAR SESSION
DECEMBER 20, 2011
HOPI CONFERENCE ROOM
11000 N. LA CANADA DRIVE
CALL TO ORDER AT OR AFTER 3:00 PM
f-a
Chair Hoy-Johnson called the meetingto order at 3:00 .rn:
Y p .-�R.
ROLL CALL
PRESENT: Sandra Hoy-Johnson, Chair
Mike Zinkin, :.Vice Chair
Jeremy Christopher, Member
EXCUSED: Jimmy Fields, Member
Paul Parisi, Member
ORDER OF BUSINESS
MINUTES: APPROVAL OF THE OCTOBER 25 X2011 MINUTES
MOTION: A motion was made by Vice Chair Zinkin and seconded by Member
Christopher to approve the October 25, 2011 minutes.
MOTION carried, 2-0 r
PUBLIGHEARING
1. Request for a variance foi;pro ert located at 9380 N. Calle El Milagro, Oro
. _ p Y g ,
Valley, AZ 85737.
Chair Hoy-Johnson swore in the applicant, Karen Steinbronn.
Mrs. Steinbronn made the following comments in support of the variance request:
- Home was purchased primarily due to the well and size of the property
- Plans to establish an organic or naturally grown garden
- Accessory structure will house one horse
- Best location is towards the front of the property due to setback of the house
- Special circumstance exists due to the location of home compared to
neighboring property, which existed before they bought the property
- Location of the accessory structure should not be a hindrance to neighboring
12/20/11 Board of Adjustment Regular Session Minutes 1
properties, due to the natural vegetation in the front yard.
Mrs. Steinbronn noted concerns in regards to the Staff Report:
- Section A: Did not include two properties that border to the south and east that
are less than 100 ft. from the front setback.
- Section C: They have no plans to raise or graze horses. They want to keep the
garden in the rear yard due to the irrigation system from the well. There are no
alternative locations due to: the southeast extension of the property is 158 ft.
wide and would require solid fences on two sides. Locatedon that section of
property are the water system and driveway access to Tucson Electric Power
p Y
(TEP) equipment.
- Section D: The homes to the north and south on N. El Calle Milagro are
approximately 200 ft. from the front property line, which-allows accessory
p p ,..
buildings on the side of their homes without requiring a variance.
- Section E: Setbacks are not the same as their property. The streetscape
is already altered based on the Town of Oro=Valley's Road Maintenance
Building, located 300 ft. from them.
Member Christopher inquired as to whether there e was a TEP easement. Mrs.p q
Steinbronn said she did not know, but that TEP has access through their
property.
Vice Chair Zinkin asked how it would affect the Steinbronn's plans if the structure
was built where it met the code. Mrs. Steinbronn said since the property was
zoned for
agriculture, their plan was to significantly increase the garden. She
g
said ag
artial re`enhouse, underground water, and irrigation system exist on the
p
property, and they would have to[ invest in a pump and tank to bring water to the
front of the property.
H -y-Johnson
SChair oasked if there/ was any neighbor feedback. Mrs. Steinbronn
said thereneighbors
were no that were opposed to the variance.
Karen Berchtold, OV Senior Planner, presented the following:
- Location Mapth. gg,4- .:s
- Zoning Map
0.
- Aerial Map
- Variance Request
- Site Photos
- Staff Analysis
- BOA Findings
Chair Hoy-Johnson questioned staff in regard to the statement made by the
applicant regarding Section A of the Staff Report.
12/20/11 Board of Adjustment Regular Session Minutes 2
Mr. Daines updated the Board on the following:
Steam Pump Village Planned Area Development
St. Mark's Church
LA Fitness Submittal
Community Academy
Rancho Vistoso Parcel 7-I
Fry's Fuel Station Neighborhood Meeting
Sign Code Amendment - Planning & Zoning Commission
General Plan Amendment Mixed Use
General Plan Amendment on Neighborhood Meetings
Appointments to the Board of Adjustment
ADJOURNMENT
MOTION: A motion was made by Vice Chair Zinkin and seconded by Member
Christopher to adjourn the meeting at 3:55 p.m.
MOTION carried, 3-0.
12/20/11 Board of Adjustment Regular Session Minutes 5
Joe Andrews, OV Chief Civil Deputy Attorney, responded that a house can be
built up to 50 ft. from the front lot line, the setback in the R1-44 zone.
Member Christopher inquired about the TEP easement.
Del Steinbronn, applicant, said the property was surveyed and the TEP
easements run along the back of the east side of the property.
Chair Hoy-Johnson opened the public hearing.
Karen Riker Harned, OV resident, said she walks past the property on a weekly
basis and noticed that they were doing some clearing on the property and was
pleased that they planned to set the structure back some distance. Ms. Riker
Harned said she supports the variance request.
Sam Mintor, OV resident, is a neighbor to the north and a retired TEP executive.
Mr. Mintor said that TEP has the right to access the property. Mr. Mintor said
that one of the Oro Valley zoning requirements is that any structure used to
house animals must be at least 100 ft. from the neighboring property. Mr. Mintor
said that makes it difficult to place any structure in the back of the applicant's
property. Mr. Mintor said the area is heavily vegetated, which would make the
structure hardly visible. Mr. Mintor said he would like to see the variance granted
and believed it would not impact anyone adversely.
Chair Hoy-Johnson closed the public hearing.
MOTION: A motion was made by Member Christopher and seconded by Vice
Chair Zinkin to approve the request for a variance from Zoning Code Section
23.6.A.3.b to allow an accessory structure.
Member Christopher commented on the five findings as follows:
- Lot is L shaped, which'makes it a unique property
- TEP constraint can not"be ignored
- Staff notes in their report that other neighboring properties have more freedom
of movement due to their rectangular shape
- Special circumstances were not created by the owner/applicant
- Property is zoned and allowed to be used for farm purposes and is a substantial
property right
- There are other structures that are clearly closer to the road and debunk the
staff's streetscape argument
- This variance is not materially detrimental to the other neighbors.
Vice Chair Zinkin said he was in agreement, but Arizona Statute states
that we as a board can only approve variances when the five criteria are
12/20/11 Board of Adjustment Regular Session Minutes 3
met. Vice Chair Zinkin said there was ample area on the property to place the
structure.
Chair Hoy-Johnson said when the statute was instituted it may have been a good
idea at the time, but now the population has increased. Chair Hoy-Johnson said
she thought there were alternative locations for the structure.
Member Christopher said the Board of Adjustment exists so that you can apply
some subjective criteria to it. Member Christopher said it was clear to him that it
was a uniquely shaped lot and by not approving this, we prevent the property
owner from substantial property rights.
Vice Chair Zinkin said we are not talking about local zoning?codes, but Arizona
Statute. He asked staff if the Board would be delinquent bY notapplying all five
of the criteria.
Chad Daines, OV Principal Planner, said all five criteria must be met. : Mr. Daines
said it is in the opinion of the Board, based on the evidence that is heard, as to
whether the applicant has met the findings.
Chair Hoy-Johnson asked for staff's determination and view on the variance
request. Mr. Daines said in the staff's opinion, there were other sites that were
appropriate to allow their use of the property and not necessitate the need for the
variance.
MOTION failed 1-2 with Chair Hoy-Johnson and Vice Chair Zinkin opposed.
MOTION: A motion was made by Vice Chair Zinkin and seconded byChair Hoy-
Johnson
to deny the request for a variance from Zoning Code Section 23.6.A.3.b
to allow an accessory structure for the property located at 9380 N. Calle El
Milagro in the Linda Vista citrus Tracts No. 2.
t•.
t<�'c'nt `'Ff Sn4a
Member Christopher recommended to the Board that this variance request be
continued until more Board members are present.
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Vice Chair Zinkintwithd:ew the motion.
MOTION: A motion was made by Member Christopher and seconded by Vice
Chair Zinkin to continue this case to the next scheduled Board of Adjustment
Regular Session.
MOTION carried, 3-0.
2. Planning Division Manager Update
12/20/11 Board of Adjustment Regular Session Minutes 4
1
TOWN OF ORO VALLEY
BOARD OF ADJUSTMENT MEETING DATE: January 24, 2012
TO: BOARD OF ADJUSTMENT
FROM: Karen Berchtold, AICP, Senior Planner, kberchtoldorovalleyaz.gov, 229-4814
HEARING DATE: January 24, 2012
CASE NO.: OV1011-008
REQUEST: Request for a variance from Zoning Code Section 23.6.A.3.b to allow an accessory
structure to be closer to the front lot line than the main building. Property is located at
9380 N. Calle El Milagro in the Linda Vista Citrus Tracts No. 2.
SUMMARY:
This case was discussed at the December 20, 2011 Board of Adjustment meeting, with three
members in attendance. At the conclusion of the public hearing, a motion was made by Member
Christopher and seconded by Vice Chair Zinkin to continue this case to the January 24, 2012 meeting
to allow the new Board members to be present and hear the case. The motion carried, 3-0. The
applicant's submittal and staff report that was prepared for the December 20, 2011 meeting is
included for your review. The draft minutes from that meeting are also included.
There are three new Board of Adjustment members. In order to provide these new members with the
same information as the members that already heard this case, staff will-provide a presentation, the
applicant will have an opportunity to address the Board, and the public hearing will be re-opened.
David Williams, AICP
Planning Division Manager
Project Manager: Karen Berchtold, AICP, Senior Planner
(520) 229-4814, kberchtoldRorovalleyaz.gov, http://wvvw.orovalleyaz.gov/
ATTACHMENTS:
1: Applicant's submittal
2: Staff report from the December 20, 2011 meeting for OV1011-008, Request for variance for
property at 9380 N. Calle El Milagro
Cc: File
S:\PERMPLUS\DOCS\OV1011-08\PZ_BOA staff report 9380 n calle milagro 1-24-12.doc
ADDENDUM to Supplemental Questions
Variance application for 9380 N Calle El Milagro
Ref# OV 1011-08
Question 1.
The main dwelling is set back 330 ft. from the front boundry on Calle El Milagro,not 320 ft as
originally stated.
The size of thep roperty to the front of the main dwelling is 108,240 sq ft, not 140,960 which
originally had been calculated from the rear of the dwelling. This remains a significant area,
greater than 2.5 acres.
Question 3
Thisp roperty is zoned R1-133 which allows farming & agriculture. We purchased this property
in order to develop a naturally grown vegetable farm. We plan to use the entire east portion of
thero erty behind the main dwelling and guest house and to the south of the main building for
p p
fanning. It is in close proximity to the well and there exists an underground watering system as
well as the frame &foundation of a 51 ft. x 48 ft. green house. Electricity and water are already
located at the green house. The property had been a nursery at one time.
The southeast portion of the property is narrow at 158 ft. A road extends through the property to
the well. This road is used by Tucson Electric Power to access lines &meters servicing at least 4
separate properties. The location of a stall enclosure here would require additional solid walls on
2 sides and impede access to well and power.
Locating the garden area to the front of the property away from the well would involve increased
expense requiring an additional water tank and likely a pump and the extension of electricity to
assure adequate water pressure.
Question 4.
Both adjacent properties to north& south could place accessory buildings to the sides of their
main buildings at 190 ft. from Calle El Milagro without requiring a variance. This distance from
Calle El Milagro is what we are requesting for our accessory building.
Question 5.
The accessory building being requested is only 526 sq. ft. including the porch. The property
owners to the south do not have horses; however the property owners to the north do have horses
which is why we considered locating the stall enclosure to the north.
1
TOWN OF ORO VALLEY
BOARD OF ADJUSTMENT MEE-i ,G DATE: December 20, 2011
TO: BOARD OF ADJUSTMENT
FROM: Karen Berchtold, AICP, Senior Planner, kberchtoldorovalleyaz.gov, 229-4814
HEARING DATE: December 20, 2011
CASE NO.: OV1011-008
REQUEST: Request for a variance from Zoning Code Section 23.6.A.3.b to allow an accessory
structure to be closer to the front lot line than the main building. Property is located at
9380 N. Calle El Milagro in the Linda Vista Citrus Tracts No. 2.
REQUEST SPECIFICS:
The subject property is within the Linda Vista Citrus Tracts No. 2 and zoned R1-144, Single-Family
Residential. The lot is 6.2 acres and retains a substantial amount of native vegetation.
The applicant is requesting a variance from Zoning Code Section 23.6.A.3.b, which requires that
accessory buildings shall not be any closer to the front lot line than the main building (Attachment 1,
Attachment 2). The applicant is requesting the variance to construct a 576 square foot horse stable in the
front yard of the home. A horse stable is considered an accessory structure. The existing home is
approximately 330 feet from the front lot line and the proposed accessory structure is 190 feet from the
front lot line.
The setback requirements of the property are:
Front yard: 50 feet (R1-144)
Side yard: 20 feet
Rear yard: 50 feet
Maximum Building Height: 18 feet
NOTIFICATION:
All property owners within 300 feet of this property were notified of this hearing by mail. The property is
p Y
posted with a notice of hearing, was posted online at www.orovalleyaz.qov and was advertised in the
Daily Territorial.
EXISTING LAND USE AND ZONING:
Subject property: Single family home zoned R1-144
North: Single family home zoned R1-144
East: Single family home zoned R1-144
South: Single family homes zoned R1-144
West: Single family home zoned R1-144
Permitted uses in the R1-144 Single-Family District include single-family dwelling; farms and ranches;
and marketing of products raised on the premises. The setback requirements for detached accessory
buildings are:
"Twenty (20) feet from side and forty (40) feet from rear if building is not used for poultry or
animals; one hundred (100) feet if building is used for poultry or animals, except that it may be
TOWN OF ORO VALLEY
BOARD OF ADJUSTMENT Page 2 of 4
reduced to fifty(50) feet if a solid wall a minimum of six (6) feet high is.provided to restrict view
and sound."
As noted previously, Section 23.6.A.3.b. requires that accessory buildings cannot be located closer to the
front lot line than the home.
SITE INFORMATION:
The subject property is Lot 40 in the Linda Vista Citrus Tracts No. 2 (Attachment 3, Attachment 4). The
property is zoned R1-144 Single-family Residential (Attachment 5). There are a total of 52 lots in the
subdivision, and homes have been developed on most lots. The lot is a rectangular shape with an
extension at the rear, creating an L-shape. The property is accessed by an unpaved driveway that
extends to the far, southeast corner of the property. In addition to the primary structure, other structures
on the property include a guest house, patio/pool area, partial green house structure, and a horse corral.
The home is situated near the northern property line of the lot. The front of the home faces toward the
side yard, rather than the front yard.
The applicant notes the property was previously used for nursery farming, and has a partial greenhouse
structure, well, and irrigation system in the back yard. The well is located at the southeast corner of the
property. The irrigation system extends from the well to the north along the east side of the property. The
applicant plans to install gardens along the irrigation system adjacent to the TEP access road identified
on the site plan.
The property slopes slightly to the south (Attachment 6).
SUMMARY:
Findings of Fact:
• The property is 6.2 acres.
• The existing home includes 3,124 square feet of livable area and 652 square foot guest house.
• Proposed accessory structure is a covered horse stall. The building is a tan, metal structure that
includes 288 square feet of enclosed horse stable with a covered shade area of 288 square feet, for
a total of 576 square feet (photo in Attachment 1). (Note: the photo shows the building at its current,
off-site location).
• The property is a rectangular shape with an extension at the rear, creating an L shape.
• The property is Lot 40 in the Linda Vista Citrus Tracts No. 2 subdivision which is comprised of 52
lots and was approved in 1957.
• The lots in the subdivision range in size from and 4 to 9.5 acres.
• The subject property was originally platted from a 9.56 acre lot.
• The property is part of the Town's original incorporation area.
• The home was constructed in 1974.
• The lot frontage is 328 feet; depth is 629 feet; and rear property line is 659 feet.
• The existing home and contiguous pool area is located approximately 330 feet from the front lot
line and 190 feet from the rear lot line.
• The accessory structure is proposed to be located 190 feet from the front lot line, 50 feet from the
side lot line, and directly west of the existing primary structure.
• There is a six foot change in grade from the northern to the southern property line.
The Board of Adjustment should consider the following findings in making its decision for each variance
request:
•
TOWN OF ORO VALLEY
BOARD OF ADJUSTMENT Page 3 of 4
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 size is 6.2 acres; the size of lots in the subdivision ranges from 4 to 9.5
acres, so the lot size is typical for the area. The lot is an L-shape, whereas the shape of
most properties in the vicinity is rectangular or square, providing additional area rather
than being a constraint. Staff notes that the width of the main portion of the lot is typical for
the area. The extension of the property to the south is 158 feet wide. The slight slope of
the property is similar to other lots in the area.
The existing home is set back approximately 330 feet from the front property line. The
setback of the eight properties in the immediate vicinity ranges from 207 to 326 feet;
therefore, the front setback is consistent with other homes in the area.
B. Special circumstances were not created by the owner or applicant.
The applicant notes the shape of the property and the location of the primary dwelling as special
p
circumstances that were not self-imposed, but existed at the time of purchase. Staff analysis in
the previous paragraph is that there do not appear to be special circumstances that apply to the
size or shape of the subject property.
C. The authorizing of the variance is necessary for the preservation and enjoyment of
substantial property rights.
Farm uses are permitted on this property. The applicant proposes to use the property for
crop gardening and raising and grazing of horses. The applicant notes that the front yard
area cannot be utilized if the variance is not granted. There is an existing horse corral in
the front yard, and the front of the yard could be utilized for crop farming_ The applicant
wishes to retain the gardening in the rear yard and notes that to farm in the front yard
would require relocating the garden area and water system, at additional expense.
Given the size and shape of the property, there are ample alternative locations for the
stable, such as the southeast extension of the property, the northeast corner of the
property, or south of the existing home. These locations would not require a variance. The
structure could be located in the southeast portion of the property if 50 foot buffers and a
solid wall are provided.
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 substantial front setback is a characteristic feature of the large, rural properties in the
vicinity. If the variance is granted, the applicant could construct a horse stable in the front
yard set back 190 feet from the road. Other properties in the general vicinity have horses
and open corral areas in front of the home, but not covered structures or buildings. if the
variance is granted to allow an accessory structure in the front yard, this would be
inconsistent with the limitations on other, similar properties in the vicinity and zone_
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.
TOWN OF ORO VALLEY
BOARD OF ADJUSTMENT Page 4 of 4
if the variance is granted, the applicant could construct a horse stable in the frontY and 190 feet
from the front property line. An accessory structure in the front yard would be partially obscured
by the existing mature vegetation between the home and street. The substantial setbackp rovided
for the homes in this area contributes to the character of the streetscape and the area.
SUGGESTED MOTIONS:
The Board may wish to consider the following motions:
I move to [approve, approve with conditions, or deny] OV1011-008 variance request to allow an
accessory structure to be located closer to the front lot line than the main building at 9380 N. Calle El
Milagro, with the following findings:
David Williams, AICP
Planning Division Manager -�
Project Manager: Karen Berchtold, AICP, Senior Planner
(520) 229-4814, kberchtold(a�Lorovalleyaz.gov, http://www.orovalleyaz.gov/
ATTACHMENTS:
1. BOA application and attachments and supplemental submittal
2. Location Map
3. Aerial Map
4. Subdivision plan
5. Zoning Map
6. Topographic plan
7. Site Photos
Cc: File
S:\PERMPLUS\DOCS\OV1011-081PZ_BOA staff report 9380 n calle milagro 5-24-11.doc
Conditions of Approval
Board of Adjustment
Variance request for 9380 N. Calle Milagro
OV 1011-08
1. Applicant shall confirm the total square footage and height of the accessory structure.
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BOARD OF ADJUSTMENT, OV1011-08 ATTACHMENT 7
SITE PHOTOS
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Site of proposed horse stall looking west: person marks northeast corner.
Page 1 of 2
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Rear yard looking toward northeast corner of rear yard. Page 2 of 2
AGENDA
ORO VALLEY BOARD OF ADJUSTMENT
REGULAR SESSION
DECEMBER 20, 2011
HOPI CONFERENCE ROOM
11000 N. LA CANADA DRIVE
CALL TO ORDER AT OR AFTER 3:00 PM
ROLL CALL
MINUTES: APPROVAL OF THE OCTOBER 25, 2011, MINUTES
AT THE CALL OF THE CHAIR, AGENDA ITEMS MAY BE TAKEN IN ANY ORDER, AS
DEEMED APPROPRIATE.
PUBLIC HEARING:
1. Request for a variance for property located in the Linda Vista Citrus Tracts No. 2 from
Zoning Code Section 23.6.A.3.b to allow an accessory building closer to the front lot line
than the main building. Zoning is R1-144. Parcel#225-11-2750 located at 9380 N. Calle
El Milagro, Oro Valley, AZ 85737. OV1011-08
2. Planning Division Manager Update
ADJOURNMENT
POSTED: THIS IS THE AGENDA FOR THE BOARD OF ADJUSTMENT REGULAR SESSION
AND HAS NOT BEEN POSTED.
WHEN POSSIBLE, A PACKET OF AGENDA MATERIALS AS LISTED ABOVE IS AVAILABLE
FOR PUBLIC INSPECTION AT LEAST 24 HOURS PRIOR TO THE BOARD OF
ADJUSTMENT MEETING IN THE TOWN CLERK'S OFFICE BETWEEN THE HOURS OF 8:00
A.M. —5:00 P.M.
THE TOWN OF ORO VALLEY COMPLIES WITH THE AMERICANS WITH DISABILITIES ACT
(ADA). IF ANY PERSON WITH A DISABILITY NEEDS ANY TYPE OF ACCOMMODATION,
PLEASE NOTIFY THE TOWN CLERK'S OFFICE AT LEAST FIVE DAYS PRIOR TO
THE BOARD MEETING AT 229-4700.
INSTRUCTIONS 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 THEIR
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 BLUE SPEAKER CARD LOCATED ON THE AGENDA TABLE AT THE BACK OF
THE ROOM AND GIVE IT TO THE RECORDING SECRETARY. PLEASE INDICATE ON THE
SPEAKER CARD WHICH ITEM NUMBER AND TOPIC YOU WISH TO SPEAK ON, OR IF YOU
WISH TO SPEAK DURING "CALL TO AUDIENCE," PLEASE SPECIFY WHAT YOU WISH TO
DISCUSS WHEN COMPLETING THE BLUE SPEAKER CARD.
PLEASE STEP FORWARD TO THE PODIUM WHEN THE CHAIR ANNOUNCES THE ITEM(S)
ON THE AGENDA WHICH YOU ARE INTERESTED IN ADDRESSING ( )
ADDRESSING.
1. FOR THE RECORD, PLEASE STATE YOUR NAME AND WHETHER OR NOT YOU ARE A
TOWN RESIDENT.
2. SPEAK ONLY ON THE ISSUE CURRENTLY BEING DISCUSSED BY THE BOARD. PLEASE
ORGANIZE YOUR SPEECH, YOU WILL ONLY BE ALLOWED TO ADDRESS THE BOARD
ONCE REGARDING THE TOPIC BEING DISCUSSED.
3. PLEASE LIMIT YOUR COMMENTS TO 3 MINUTES.
4. DURING "CALL TO AUDIENCE" YOU MAY ADDRESS THE BOARD ON ANY ISSUE YOU
WISH.
5. ANY MEMBER OF THE PUBLIC SPEAKING MUST SPEAK IN A COURTEOUS AND
RESPECTFUL MANNER TO THOSE PRESENT.
THANK YOU FOR YOUR COOPERATION.
"NOTICE OF POSSIBLE QUORUM OF THE ORO VALLEY TOWN COUNCIL, BOARDS,
COMMISSIONS, AND COMMITTEES: 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, CONCEPTUAL DESIGN REVIEW BOARD, HISTORIC
PRESERVATION COMMISSION, PARKS AND RECREATION ADVISORY BOARD,
PLANNING AND ZONING COMMISSION, STORM WATER UTILITY COMMISSION AND/OR
THE WATER UTILITY COMMISSION MAY ATTEND THE ABOVE REFERENCED MEETING
AS A MEMBER OF THE AUDIENCE ONLY."
MINUTES
ORO VALLEY BOARD OF ADJUSTMENT
REGULAR SESSION
OCTOBER 25, 2011
COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
CALL TO ORDER AT OR AFTER 3:00 PM
Chairman Fields called the meetingto order at 3:00 .m
p
ROLL CALL
t}{a•l(
PRESENT: Jimmy Fields, Chairman 44ss }t
{ .:
»4{4
Paul Parisi, Vice-Chair ,_'"'"f
Hyy Vit,
'yr
} 4
Mike Zinkin, Member
EXCUSED: Jeremy p Christo her, Member
Sandra Hoy-Johnson Member
MINUTES: Approval of the May 24`, 201 minutes
,.
MOTION: A motion was made byMember:Zinkin and seconded by Vice-Chair
Parisi to approve theMay 24, 2011, BOA minutes.
MOTION carried, 3 .0.
AT THEA: OF THE CHAIR, AGENDA ITEMS MAY
::� y� � BE TAKEN IN ANY
ORDE uMED APEROPRIATE.
"Oat. YYi' ,,
{ }
:iy
.PUBLIC HEARING: 11
4 :
1. Requesty:. for varian for propertylocated at 125 W. Lambert e rt Lan e: _ l
'4111k
Chairman Fields,swo.r.,.,e.;;; n thea applicant,nt
;rl��s},}�: tt: pp , Dr. Bernard M. Chaudoir.
Dr. Chaudoir said•
'fie was not aware of the need for
a variance until he was
notified by the Town. Dr. Chaudoir stated that if theorch was removed,, it would
reduce the home value and cause a financial hardship. He mentioned
p that the
property was unique in shape and the porch did not affect the neighbors.
Member Zinkin asked if he was given a disclosure statement when the home was
purchased. Dr. Chaudoir said he did not recall.
10/25/11 Board of Adjustment Regular Session Minutes 1
Member Parisi asked him if he knew when the home had been built. Dr.
Chaudoir estimated the home was built in 1994, with the pool and porch added in
2001.
Karen Berchtold, Senior Planner, presented the following:
- Location Map
- Zoning Map
- Aerial Map
- Topography
- Variance Request
- Irregular Lot: Rear Lot Line „,„.ogior
- Site Photos
- Staffonme t Analysis:av
si s. L
0
cati0 n
«I ruiy
- BOA Findings : {f:
Chairman Fields asked why this zoning violation did. not come`to he Town's
attention prior to the sale of the home. Joe Andrews, Chief Civil Deputy Attorney,
v
responded that the Town attempted to notify the previous owner, but the
notice was returned as undeliverable.
Chairman Fields opened and closed,tl^e}3`publ.ic hearin�� with no speakers.
ii•::tJi i.:i�::�;4.>^?:y;Yti::�:YY. •.�il,.;W..%.::�:.
Dr. Chaudoir added that#the Planning Division said:there was a permit on file for
the pool. Dr. ChaudQ ` gave the Board a letter from his neighbor supporting the
g p p g
variance. -. r,ditar '
MOTION: A motiofn':wasmade b Vice-Chair Parisi and seconded byMember
� v
Zinkin to approve the varia:,nce of OV1011-07.
Vice Chair Parisi said haf through no fault of the owner, the covered patio was
built and did not interfere with he neighbors. Vice Chair Parisi mentioned that
the owner would have to:obtain `a building permit which would verify that building
safety requirements are met.
MOTION carri
edi3 Q
CS1T:
3
11111111:
2. Planning Division Manager Update
g p
David Williams, Planning Division Manager, gave the following updates:
- Board vacancies
-Implemented permits for A-frame signs and outdoor displays
- Community Academy Classes
- Rancho Vistoso Planned Area Development (PAD) amendment case continued
to the Town Council meeting on 11/16/11
10/25/11 Board of Adjustment Regular Session Minutes 2
- Series of public hearings in November on General Plan Amendments
- Neighborhood meeting, 10/25/11, regarding the General Plan Town of Oro
Valley planning area
- Neighborhood meeting, 10/27/11, on proposed LA Fitness site
ADJOURNMENT
MOTION: A. motion was made by Member Zinkin and seconded by Vice-Chair
Parisi to adjourn the BOA meeting at 3:24 p.m.
MOTION carried, 3-0.
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10/25/11 Board of Adjustment Regular Session Minutes
4. AN .. s_ .
MACHINE
& PUMP SERVICE, INC.
Est. 1939
1 1 0 East Lester Drive
Tucson,Arizona 85705-5631
(520)792-0792
Fax(520)791-7674
R00031444
ROC 120368
January 19,2012 Roc182836
728
To Whom It May Concern:
Crane Machine&Pump Service,Inc.has provided well service and maintenance to the well at 9380
North Calle El Milagro for the past 25 years. Crane is intimately aware of the system's capacity and
capabilities. We are able to accurately estimate its capabilities for extensive vegetable gardening,
which the Steinbronn's are planning.
If they are given a variance to place the two horse stalls 100 feet to the west of the main house,it will
cost approximately$2,400.00 for trenching electric and water lines to that site. If they arc required
to place the horse stalls to the south of the house,the distance for trenching the electrical and water
lines will be approximately 300' and will cost approximately$7,800.00,because of the increased
distance.
It is also my considered opinion that in order to develop the approximately 2 acres to the west of the
main house,the existing water system will need to be significantly upgraded to provide an adequate
water suupply for vegetable gardening in that area. They will need to put a minimum 3,000 gallon
holding tank and a pressure system,which will be an additional expense of approximately$9,000-
$10,000.00.
Respectfully,
•
Jack F.Crane
JAN 2 3 2012
'I,
fi 74;
l',4
7,'
�'lt��Mi�;L7� "��Ii1.
COMPLETE WELL&PUMP SERVICE
Berchtold, Karen
From: Barry Lemieux[barry@Imx3.com]
Sent: Thursday, January 12, 2012 4:23 PM
To: Berchtold, Karen
Cc: dvsteinbrn@aol.com; Patti Lemieux
Subject: 9380 Calle El Milagro Variance
Dear Ms. Berchtold,
My wife and I reside at 630 W. Calle Concordia in Oro Valley and
we are neighbors of the Steinbronn's at 9380 Calle EI Milagro.
Our property is located immediately south of their parcel. Their
well and water tanks abut our northeast property line. Our
property line to the west is shared with Oro Valley's Parks and
Recreation offices and Public Works facilities.
Mr. Steinbronn has explained to us that he and his wife wish to
erect horse stalls in front of their home and that to do so they'll
require a building variance to be issued at the direction of your
office. They propose to build these facilities at a location that is
approximately 190' from Calle El Milagro and 50' from their
adjacent neighbor to the north.
For the record, we support the Steinbronn's proposal to build
horse stall facilities on their property and specifically where
they've proposed to do so. Given that their home is situated so
distant from the road there certainly is sufficient room for the
new stalls. Moreover, the proposed facilities, almost 200' from
the road, would be largely, if not completely, masked by the
existing vegetation that the Steinbronn's intend to maintain. In
fact, they've already greatly improved the appearance of the
plantings located at their entrance and on their land that's visible
from the road.
In short, we encourage Oro Valley to grant the building variance
that's been requested by the Steinbronn's.
If you have any questions concerning our position on this matter,
please do not hesitate to contact us.
Sincerely,
Barry and Patti Lemieux
Oro Valley, AZ 85704
0\1PLI.EY 4
9/�0
o 2
SOUNDED.\-
Development and Infrastructure Services
January 30, 2012
Del Steinbronn
Oro Valley, AZ 85704
RE: Request for variance from Zoning Code Section 23.6.A.3.b. to allow an accessory
structure to be located closer to front property line than the main building. Property is at
9380 N. Calle El Milagro. OV1011-08.
Dear Del:
At the Board of Adjustment meeting on Tuesday, January 24, 2012, the Board voted 3-0 to
grant the above-referenced request for a variance, subject to the following condition:
An additional row of trees shall be planted against the west or front side of the property
to provide for more substantial foliage screening from the road.
You may now apply for a building permit for the accessory structure. To meet the condition
noted above, the row of trees should be depicted on the building plans.
Please do not hesitate to contact me if you have any questions, or I can be of assistance.
Sincerely,
1 (tAeAi f --eAdJuV4
Karen Berchtold, AICP, 229-4814, kberchtold@orovalleyaz.gov
Senior Planner
Cc: File
S:\PERMPLUS\DOCS\OV1011-08\steinbronn BOA approval 1-30-12.doc
Planning Permitting Inspection&Compliance Engineering Operations Transit
(520)229-4821 (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