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HomeMy WebLinkAboutOV1701451Hayes, Patty From: Hayes, Patty Sent: Thursday, June 29, 2017 8:50 AM To: ' Cc: King, Chuck; Renteria, Jason; Horbarenko, Harriett; Spaeth, Michael; Thomas, Mark Subject: Porch in the front yard setback Attachments: Front Setback. pdf Pat, Thank you for your patience while we reviewed your questions about front yard setback encroachments. Attached is the formal interpretation. In the case of the newly installed covered porch installed at the Indian Town Way home, the interpretation explains that the roof of the porch may project into the front yard setback. However the supporting posts cannot. The posts must meet the 20' front yard setback. To allow the new covered porch to remain, you'll have to move the posts supporting the structure back at least 20' from the front property line. Remember that the property line on that lot is at an angle. You'll need to revise the permit clearly showing the relocated posts before actually doing the work. We are required to post the formal interpretation to the public, which was done this morning, and then we have to wait 20 days before approving any related permits. Please work on revising your permit so that it will be ready to issue to you by the time 20 days expires. Thank you again, Patty Hayes Community Development and Public Works Senior Planning Technician Town of Oro Valley (520) 229-4819 or phayes@orovalleyaz.gov OQOJW-EY AR/��9 SOUNDED A91a Town of Oro Valley Community Development and Public Works Date: June 28, 2017 Subject: Zoning Interpretation — Projections into front yard setbacks (OV1701451) REQUEST A zoning interpretation was requested by Pat Doherty, a builder with Windows of Greater Tucson. The nature of the request is to clarify if covered porches, including lattice patio covers, are allowed to project into a required front yard setback. APPLICABLE ZONING REFERENCES Setback: The shortest straight line distance in feet from the nearest property or lot boundary to a main or accessory building, structure, sign or the like located on the some property or lot, except as exempted by subsection C.2. (Oro Valley Zoning Code (OVZC) Chapter 23.5.C1 along with Chapter 31) Yard: Those required areas established by setbacks to provide an open space at grade level between a building and the adjoining lot lines unoccupied and unobstructed by any portion of a structure from the ground upward except as otherwise provided herein (OVZC Chapter 31) Required yard is a term commonly used in the code to identify a front, side or rear setback area on a lot. Projection: Any component, member, or part that juts or is set forward from the general wall surface (Design Standards section 1.5.22) Exceptions: The OVZC Section 23.5.C.2.a provides the following exceptions related to covered porches: Projections into required yards of residential buildings Yards, established by required setbacks, shall be open and unobstructed from the ground to the sky except for the following: iv. Covered porches may project into the required yard provided they are not nearer than ten (10) feet to the rear property line or may project three (3) feet into the required side yard. Oro Valley, it's in our nature. 11000 N. La Canada Drive, Oro Valley, Arizona 85737 www.orovalleyaz.gov I phone: (520) 229-4800 1 fax: (520) 742-1022 INTERPRETATION The zoning code allows covered porches to project into required yards as long as the projection is ten (10) feet from the rear property line or does not encroach more than three (3) feet into the side yard. The intent of this code section is to allow covered porches to project into all required yards, including the front. Only the side and rear yard projections have defined limits. The zoning code setback exception related to covered porches allows a projection to jut out over the required setback area. A building projection does not have a location on the ground but is suspended above the ground. The portion of a porch that may encroach into a setback is the roof that projects away from a supporting post, beam or wall. A post, beam or wall supporting the roof of a porch is not a projection and cannot be located in the required setback. SUMMARY A covered porch may project over the front yard setback area, however the post, beam or wall supporting the roof of the porch cannot encroach into the required setback. APPEALS Persons aggrieved by a Zoning Interpretation may file an appeal to the Board of Adjustment within twenty (20) days from the date it is published on the Town's website, in accordance with Section 21.6.G of the Town of Oro Valley Zoning Code. Bayer Vella, LEED-AICP Planning and Zoning Manager CZ2 ,7 LI:L Date Oro Valley, it's in our nature. 11000 N. La Caflada Drive, Oro Valley, Arizona 85737 www.orovalleyaz.gov I phone: (520) 229-4800 1 fax: (520) 742-1022 ©P0 yP4LEY AR�2o�9 TOWN OF ORO VALLEY COMMUNITY DEVELOPMENT & PUBLIC WORKS DEPARTMENT 11000 N. LA CARADA DRIVE, ORO VALLEY, AZ. 85737 x PHONE: (520) 229-4800 FAX: (520) 742-1022 www.orovalleyaz.gov F�UNDEO t91a 1.2 GENERAL PPLICON Office U,� se Only OV Case #: b\J 17 0) L4 lr--) ) t Application Type ❑ Major General Plan Amendment ❑ Final Plat ❑ Rezoning/PAD Amendment ❑ ❑ rifi Pre -Application �� �Q�% ❑ Planned Area Development Zoning Vecation ❑ Conditional Use Permit ❑ Sign Criteria ,,❑ Zoning Code Amendment _,.,-- ❑ Sign - PAD Exemption �.�....... ❑ Conceptual Site Plan -� t ❑ Master Sign Program ❑ Conceptual Public Art ❑ Communication Facility — Tier 1 and 2 Minor ❑ Conceptual Architecture 2 �r C Z' ❑ Communication Facility — Major ❑ Final Site Plan A, V j ❑ Revised Development Plan ❑ Conceptual Landscape Plan ❑ Other Sub'ect Property Information: g- w 117 Address: 1Z ? Parcel/fax Cod ('/ 7 (J Subdivision / Commercial Center Name: Book / Page or Sequence Number: Lot Number(s) Legal Description: Section/Township/Range: Area of Property: Existing Land Use: Proposed Land Use: Applicant Information: * If more than one, attach list Applicant *:011 WINDOWS Name: GREATERTUCSON.Firm: �%� °)G�C��!� �✓'�L�� Fax- Property Ow er(s) if different from ��Applicant * ��% Name: !2 'TL -�� , Firnf Addre City: State: Zip: Telephone: Fax: Email: Consultant: (Discipline) Name: Firm: Address: City: State: Zip: Telephone: Fax: Email: 1 Project Description/Narrative: `�'G-� E-''• C',�/`�1 � ,lit.C� ✓✓d�` L.G r`Q„ o�.�l�., �Z � '"2Gn, D-� �C1�%/Lc.CCliu-%,'�L� / K-•-�— I hereby certify that I have read and examined this application and know the same to be true and correct. I am the owner of the property or the Owner's authorized representative, and if not the owner, I have obtained the owner's permission to perform stated work. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. The approval of this application does not presume to give authority to violate or cancel the provisions of any other federal, state or local law for which this project may be subject to. Notice: It is the applicant/owner's responsibility to ensure all private rules and regulations (such as Covenants, Conditions & Restrictions (CC&R's)) of the subdivision and/or commercial center are adhered to. Contact your Home Owners Association or property management to determine applicable requirements. It is also the applicant's responsibility to coordinate with all outside agencies to secure their acceptance or clearance. Failure to do so may delay issuance of permits. See attached li of agencies. i & fir% Applicant ignature Print Name Date Important Note: All submittals received after 4:00 p.m. will be processed the next day Submittals will be rejected if: • Not folded using Pima County fold & collated; • There are missing items on the checklist unless otherwise approved by Planning Division Manager or Town Engineer. • Re -submittals cannot be accepted without a transmittal and a written narrative summary describing the purpose of submittal. let C l� 1901- 411 �Al' G T7 • '_r.e.s.z%cw::= :-:�.%.'s �. ,'ice'=`''' ar3.0:`�' ..-�.•'+.r."_-�,., "'r-'_..: �`�J!'•,"�,^'R': v'e,: - _ r_rle'r-.n I Y • m a .L mzz OLLz aOn wW Z0 acr>w o Z co oa a oc)w zZ - >> ga cZi) CC �o na0Z zar,_O u w z ¢ a0 z� F- �w >0 O 66 O aCr OOOO Lu J V7 O ,0 Z W (5 OLLOJ, a�0-5 O Z O Lu a w� a EDwK a Co.• .^,<:. - ...».!ate ''i:: ;_.s•'-.•=:f:3`:,- �.'>{: ... ..._ __ . - : MEW EXTEND'GARAGE FOR BED2 & DEN OPTION 5.00' P_U-E. 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