Loading...
HomeMy WebLinkAboutOV100805PLIEY qpZ TOWN OF ORO VALLEY PLANNING & ZONING DIVISION 11,000 N. LA CANADA DRIVE, ORO VALLEY AZ 85737 G.' Phone: (520) 229-4800 Fax: (520) 742-1022, ` ' � ,. � , 4 ?Gi1B jry BOARD OF ADJUSTMENT APPLICATION o °'°a ileY FOR: ✓ Zoning Variance Note: Submittals are due by noon Zoning Interpretation _ Appeal of Administrative Decision CASE NO.: NATURE OF REQUEST: APPLICANT: PHONE:}► - i OWNER: ADDRESS: PROPERTY LOCATION FOR VARIANCE REQUEST: PARCEL #: .22 y 3 —/ 3 %U LEGAL DESCRIPTION: D•Po 'S i.9 %FS CURRENT ZONING: APPLICABLE FEE: ATTACHMENTS: �� �d� �i✓�'i9' _— SIGNATURE OF APPLICANT (ALSO PRINT NAME) DATE 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. 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? i S .0 v O e < 42 -01y-c o v Ti% OF //70l�dl1 T�/ 2. Are there special circumstances that exist that are not self imposed or created by the owner/applicant? .���—.6,0�.� To .ollor.� EooSy /irc ss .fie 9 Q 2�,�r 3. Is the authorizing of the variance necessary for the preservation and enjoyment of substantial property rights? Tlfi s F�.<c�-T �F✓�/ � o/�o��� f��t/�' �i%+►2^� ©iPi �iyA � 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? 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. %�`, 6�G� ,o/T �.4Gcc�•Q�1(,� la,�/�.r.c af' ��c �t/��o�il�og0 �ioc�n.Pi�✓.y4/ /O -0 �i �• �t 2 ov 10- 0-� -File coy k� TO WHOM IT MAY CONCERN: We, Jerry Griffin and Danielle Griffin, live in and own the house at Oro Valley, Arizona, next door and to the north of Paul and Jacquelyn Hofmann's property, our neighbors at 935 W. Landoran Lane, Oro Valley, Arizona. Our existing garage is approximately ten feet from the property line which abuts the Hofmann's property. We understand that the Hofmann's also wish to build a garage with a ten foot set -back from their side of the same property line. We hereby agree to the modified ten foot set -back of the new garage. DATED this -� /)V�day of June, 2008. Danielle riffs TO WHOM IT MAY CONCERN: We, Dennis Weir and Cynthia Weir, live in and own the house and property at Oro Valley, Arizona, next door and to the south of Paul and Jacquelyn Hofmann's property, our neighbors at 935 W. Landoran Lane, Oro Valley, Arizona. We understand that the Hofmann's wish to build a garage with a ten foot set- back on the other, or north side, of their property line. We hereby agree to the modified ten foot set -back of their new garage. DATED this .� day of June, 2008. De his Weir Cyn is Weir Arizona Revised Statutes §9-462.06. Board of adjustment. G. A board of adjustment shall: 1. Hear and decide appeals in which it is alleged there is an error in an order, requirement or decision made by the zoning administrator in the enforcement of a zoning ordinance adopted pursuant to this article. 2. Hear and decide appeals for variances from the terms of the zoning ordinance only if, because of special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of the zoning ordinance will deprive such property of privileges enjoyed by other property of the same classification in the same zoning district. Any variance granted is subject to such conditions as will assure that the adjustment authorized 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. (Emphasis added.) AFFIDAVIT OF PUBLICATION STATE OF ARIZONA ) ss. COUNTY OF PIMA ) Jamie Macias, being first duly sworn, deposes and says that (s)he is the Legal Advertising Manager of THE DAILY TERRITORIAL, a daily newspaper printed and published in the County of Pima, State of Arizona, and of general circulation in the City of Tucson, County of Pima, State of Arizona and elsewhere, and the hereto attached: RESCHEDULING NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY BOARD OF ADJUSTMENT JUNE 13, 2008 - — OV10-08-05 was printed and published correctly in the regular and entire issue of said THE DAILY TERRITORIAL for 1 issues; that was first made on the 22nd day of May 2008 and the last publication thereof was made on the 22nd day of May 2008 ; that said publication was made on each of the following dates, to -wit: 05/22/08 at the Request of: Oro Valley Town Hall ti.tar A 'Jb"c _ kizona " No�N p�a'c My commission expires: Pima CountY Expires 10/31(2011 RESCHEDULING `'NGflCEOF 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 has re- scheduled the public hearing from Tuesday, May 27, 2008 to June 13, 2008, commencing at or after 3:00 p.m. The meeting will be held at the Oro Valley Town Hall, 11000 N. La Canada Drive and the subject matter will be as further described below: OV10-08-05 Paul Hofmann, repLe- sented by 3D Architectural Deslons reauests a variance from the re- quired 15' aide yard setback to 10'. Sublect parcel#224-34-1370 located at 935 W. Landoran Lane, 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 Patty Hayes at 229-4819 or e-mail: phavesQorovallevaz nov. REQ:Sarah More, FAICP Planning and Zoning Director PUBLISH: The Daily Territorial MAy 22, 2008 hrjunel3/100805 Im AFFIDAVIT OF PUBLICATION STATE OF ARIZONA ) ss. COUNTY OF PIMA ) Jamie Macias, being first duly sworn, deposes and says that (s)he is the Legal Advertising Manager of THE DAILY TERRITORIAL, a daily newspaper printed and published in the County of Pima, State of Arizona, and of general circulation in the City of Tucson, County of Pima, State of Arizona and elsewhere, and the hereto attached: NOTICE•eF- T r.v�S— ,t E- < f Po, C_4C_v" to 'l OV10-08-05 MAY 27, 2008 was printed and published correctly in the regular and entire issue of said THE DAILY TERRITORIAL for 1 issues; that was first made on the 1 st day of May 2008 and the last publication thereof was made on the 1st day of May 2008 ; that said publication was made on each of the following dates, to -wit: 05/01 /08 at the Request of: Town of Oro Valley \\ by � A /,Legal Advertising Manager Sub.scri�ed and sworn to before me -this 1 st day of May 2008CELIND. Notary ARGUE NotaryPublic in and for the Count of Plmq,, Notary Public - AnZ°� Y �� State of Arizona Pima County Expires 10/31/2011 My commission expires: _ ' �� — 2- % NOTICE OF PUBLIC HEARING DEI�94-E TWE 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, May 27, 2008 commencing at or after 3:00 p.m The meeting will be held at the Oro Valley Town Hall, 11000 N. La Canada Drive and the subject matter will be as further described below: OV10-08-05: 3D Architectural De- gjgns representina Paul Hofmann re- quests it variance from the required 15' side yard setback to 10'. Subject parcel #224-34-1370 located at 935 W_Landoran Lane, 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 Patty Hayes at 229-4819 or e-mail: phavesiPorovallevaz gnv. REO: Sarah More, FAICP Planning and Zoning Director PUBLISH: The Daily Territorial May 1, 2008 hr100805 jh RESCHEDULING 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 has rescheduled the public hearing from Tuesday, May 27, 2008 to June 13, 2008, commencing at or after 3:00 p.m. The meeting will be held at the Oro Valley Town Hall, 11000 N. La Canada Drive and the subject matter will be as further described below: OV10-08-05: Paul Hofmann, represented by 3D Architectural Designs requests a variance from the required 15' side yard setback to 10'. Subiect parcel 4224-34-1370, located at 935 W. Landoran Lane, 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 Patty Hayes at 229-4819 or e-mail: phayes a,orovalleyaz. ov. Q: Sarah More, FAICP Planning and Zoning Director Posted: 5- 2 0 - 0 8 By: sg Date: 5-20-08 Time: 8: 3 0 a. m. 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, May 27, 2008 commencing at or after 3:00 p.m. The meeting will be held at the Oro Valley Town Hall, 11000 N. La Canada Drive and the subject matter will be as further described below: OV10-08-05: 3D Architectural Designs representing Paul Hofmann requests a variance from the required 15' side yard setback to 101. Subiect Parcel #224-34-1370, located at 935 W. Landoran Lane, 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 Patty Hayes at 229-4819 or e-mail: phayes@orovalleyaz.gov. REQY Sarah More, FAICP Planning and Zoning Director Posted: By: SAG Date: 4-29-08 Time: 1 0: 0 0 a. m. ORO VALLEY PLANNING AND ZONING DIVISION r BOARD OF ADJUSTMENT REPORT CASE NO: OV 10-08-05 Hearing Date: June 13, 2008 Agenda Item No.: 2 Prepared By: Patty Hayes, Zoning Inspector REQUEST: Paul Hofmann, represented by 31) Architectural Designs, requests a variance from the required 15' side yard setback to 10'. Subject parcel #224-34-1370, located at 935 W. Landoran Lane, Oro Valley, AZ, 85737. REQUEST SPECIFICS: Paul Hofinann requests approval to build a detached garage with a 5' encroachment into the side yard setback. The required side yard setback in an R1-36 zone is 15'. The proposed detached garage would reduce the setback to 10'. SITE LOCATION: This property is lot 136 of the Oro Valley Estates subdivision located at Greenock Drive and Oracle Road. 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 online at www.orovalleyaz.gov and was advertised in the Daily Territorial. At the time of this report preparation, staff had received no comment in support or opposition to this case. One neighbor to the north across the street called to inquire but had no opinion. EXISTING LAND USE AND ZONING: Site: Subject property — Existing house zoned R1-36 North — Existing house zoned R1-36 West - Existing townhouses across golf course zoned R4 East- Existing house zoned R1-36 South - Existing house zoned R1-36 SITE INFORMATION: Oro Valley Estates is a 234 lot subdivision recorded in Pima County in 1958. Oro Valley Estates was incorporated as part of the original Town in 1974. Subject property is a flat, .8 acre, rectangular lot. SUMMARY: Finding of Facts: • The house was built in 1963 in Pima County's CR1 zoning district. Records are unclear for the date the existing detached garage was built. • Pima County's CR1 zoning requires a 10' side yard setback. • Oro Valley's Zoning code was adopted in 1981 with a 15' side yard setback required for R1-36 zoning. • The homeowner plans to demolish the existing detached garage and build a new detached garage. • The existing garage is approximately 16' from the side property line. • If the variance is approved the garage will require architectural review by the Development Review Board. 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 the authorizing of 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 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; 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 motions: I move to [approve, approve with conditions, or deny] OV 10-08-05, a request to reduce the side yard setback from 15' to 10'. ATTACHMENTS: 1. BOA application 2. Location map 3. Ariel photo F:\OV\OV10\200'7\10-08-OS\REPORT.doc Sar re, FAICP 2 Planning and Zoning Director Paul G. Ho6nann 935 W. Landoran Lane Oro Valley, Arizona 85737 (520) 544-7993 April 28, 2008 Community Development Department Planning and Zoning/Building Safety 11000 N. La Canada Drive Oro Valley, AZ 85737 Re: Garage Plans for 935 W. Landoran Lane Dear Sir/Madam: I am the homeowner who, through my architect, Frank Rendon, recently submitted plans for a new garage on my property. 1 was informed that the Development Review Board mostly approved the plans, but rejected the request for a variance of 15' to 10' from the setback requirement. With your indulgence, t would like to explain why this project is so important as submitted, as well as to why it will be impossible to complete unless the variance is granted. Since we moved to my neighborhood in 2000, one of my goals was to replace the current garage structure — a dilapidated and converted flat -top carport — with a functional and beautiful garage. One of our overriding concerns was to make the new garage consistent and compatible with the house, both of which are apparent in the new design. Moreover, my wife and I have four children with a grave need for space and storage. Our storage space is so limited now that we can't fit our vehicles into the existing small structure. Until fairly recently, I understand that the set back requirement for structures in Oro Valley was 10'. In fact, our neighborhood has many garages 10', or less, away from the property lines, including my neighbor's on the side I wish to build. My plans for building our garage had always assumed this. In fact, three years ago we completed an addition to the back of the house with the idea that we would be re -building the garage. For example, the back of our home has large glass french doors that look into the back yard. Because our existing garage protrudes into the yard at an angle, it obscures our line of sight when looking out the back. (Please see attached picture.) The new garage will not be at an angle, but will face forward toward the driveway in the same direction as the front of the house. It will be a much better use of the available space, but because of it's increased size, the structure's planned location is the only one which will work. It is set between the house, on one side and a large, 45 year old eucalyptus tree on the other, neither of which can be moved. Attempting to relocate the Community Development Department April 28, 2008 Page 2 new structure another 5' into the back yard would only make it impossible to build. And, although not a brick has been laid, my wife and I have already spent over $10,000.00 in architectural fees, plans, and miscellaneous costs associated with this project. If the project were to be cancelled now, all of that will have been wasted. My goal, as with all of the improvements I've made since moving here, is simply to enhance the property by improving its function and adding to its overall beauty. The new garage will do both, as well as to enhance the beauty and character of the neighborhood. It will be virtually identical to the style of the existing house, and, as I mentioned earlier, will. be the same distance from the border of my property as is my neighbor's garage on that side. (Moreover, both of my neighbors on either side of the property have already agreed to the 10' set back for the new structure.) I am simply asking that you please reconsider your decision. In the meantime, please don't hesitate to contact me at 797-1041 or 544-7993 if you have any questions or require further information. Thank you for your consideration. Sincerely, Paul G. Hofmann PGH/bm Enc. SS3NHV3dd r r 00 0 CALLS LOMA LINDA -1-10NN WO cl,� F� pMs� 00 2 l'9 I CT O C G Ci J rr"� n y 0 L 1w XISTIN Fi r ` • AGE iy / :ex 48 �_� �J y • PROPOSED GARAG { .F NORTH SITE PLAN Mail name and address HOFMANN PAUL & JACKIE JT/RS 935 W LANDORAN LN TUCSON AZ 85737 Legal description ORO VALLEY ESTATES LOT 136 (FORMERLY 203-25-1370) o- E Z 0 Z Z N Z E 5 L 1 w Z W Q < J E s aw0 C roN� s ^L v a[ o a OM I�aW w Q Of LL 0 00 Z O U g Q a w DRAWN By FRANKRENDON CHECKED BY: APPROVED SY. -- DATE 6119107 JOB NUMBER: HOFMANN SCALE NTS # OF SHEETS: SHEET NO: C.1 WROUGHT IRO DETAILS q FIRST FLOOR a 1150 S.F. SECOND FLOOR = 976 S.F. TOTAL AREA ® 2126 S.F. STAIRS - 17 RISIERS O 7' RUNS 011- moTH a s•-o• HANDRAIL HEIGHTS ON M. PLAN GENERAL NOTES ALL TO COMPLY % IRC 2DO6 - ALL DRAWINGS BY STAIR MFG. A DEFERRED REVIEW CONTRACTOR TO SUBMIT THESE DRAWINGS 28'-10• 34'-10' NORTH SECOND FLOOR PLAN 1 4"=1 -O LEGEND EIOSnNG WALL . ------ DEMO -WALL ® ,22% 4 0 24• as /W/ I/r GWe O EA SIDE (9HC.ENEER PEA ELEVATIONS)SWd MATCH HOUSE GATT INSULATION G BB8%16 CMU GENERAL NOTE& O 1. CLOSET SHELVES AND MILLWORK PER OWNERS DESIGNS, 2. WINDOWS PER NOTES ON DIMENSIONS. 3. DOORS PER OPENING SIZE ON DIMENSIONS. Z Z y 8� J n ado C .O� O�q�g =C C� (i G •� O f'0 kui a w C9 O 0 0 a ¢ O o 0o DRAWN BY: FRANK RENDON CHECKED BY: APPROVED BY: DATE 6/19107 UOB NUMBER HOFMANN SCALE NTS N OF SHEETS: SHEET N0: A.1. 3 TAB SHINGLES TO MATCH EXISTNG HOUSE O- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I 00------------------------ ------------------ 4 BRICK VENEER TO MATCH EXISTING HOUSE NORTH ELEVATION 1/4"=1 -0' WEST ELEVATION 1/4"=1 -0' :::�� ORNAMENTS PER OMNER SOUTH ELEVATION 1 /4"=1'-0' ro e EAST ELEVATION BRICK VENEER TO MATCH EXISTING HOUSE 11 LEVEL Z3 0 LL O W O� 2 0 n d m 0 C 0 as o �aLu 8 W O Q IJ_ (� Z W O OS 0 o w DRAWN BY: FRANK RENDON CHECKED Sr: APPROVED BY: DATE: anroa JOB NUMBER HOFMANN $CAKE NT3 B OF BNEETB: SNEETNM TN /: 2 Z3 �o U- o O a n 00 C .O� � 0 C G� o �aW s �44a44 w co n O w z� OO c O fl Z Qa w tL wa as DRAWN BY: FRANKRENDON CHECKED BY: APPROVED BY: DATE: 4113107 JOB NUMBER: HOFMANN SCALE: NT3 M OP SHEETS: SHEET NO: A2.1 W r -1_.AM- Star indicates location of proposed garage