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Home My WebLink AboutOV1802521q y, AW vt ► A, ®��UNDA4 Town of Oro Valley Community and Economic Development Department Date October 10, 2018 Subject Interpretation — Grading requirements for driveway related improvements (OV1802521) Request A zoning interpretation request was submitted by the homeowner of 510 W. Atua Place. The applicant asked if the 11' of fill dirt added to the lot is considered "maintenance" of a driveway and therefore exempt from cut and fill limitations of the zoning code. The applicant describes the site conditions that require the extended driveway as follows: • Steep and narrow existing driveway • The only exit from the lot is on the curve of the street up the steep driveway Applicable Zoning References OVZC 27.9. Grading A. Purpose The purpose of this ordinance is to provide for the public health, safety, and general welfare and to protect and preserve the aesthetics of the natural environment through regulation of all types of excavation and earthwork on private and/or public land. 4. Exemptions to this Ordinance The following activities are exempted from this ordinance: k. Grading for the maintenance of an existing private access, road, or driveway, provided that it either existed prior to adoption of, or was established in conformance with, this ordinance. E. General Grading Requirements and Notes 1. Cut and Fill Limitations Cut and fill slopes shall meet the following requirements: a. The maximum depth of a cut or fill shall not exceed six (6) feet measured vertically from the existing grade to the finished elevation. The depth of a cut or fill slope may be increased to eight (8) feet when terracing is utilized in conformance with Illustration 27.9 Chapter 31: Driveway The principal access route from a roadway to the lot's primary off-street parking area. Oro Valley, it's in our nature. 11000 N. La Canada Drive, Oro Valley, Arizona 85737 � 1 1W t Site Information • 1.1 acre lot • Oro Valley Height subdivision, lot 16 • Subdivision developed in 1977 as a custom lot development (not mass graded) • The plat identifies a 100 year floodplain in the north and northeastern portion of the lot • The majority of the subject area at issue was graded prior to adoption of Oro Valley's current grading ordinance. Staff conducted a site visit and observed the following: • The access to the property is located on a curve near an intersection of two streets • The only driveway into the property is through a narrow curb cut and slopes downward toward the garage and around to the back of the house. • The new fill dirt is located beside and behind the house and not visible from the public street. • The driveway has been widened — resulting in 11 feet of fill behind the house. • The site visit confirmed that the maintenance/improvements enable safer exit from the house (a vehicle can more easily be maneuvered to face forward). • The maintenance and shaping of the original driveway has created potential drainage and erosion issues that necessitate remediation. Timeline • 1981: Zoning Code provided limited grading standards that allowed an 8' fill • 1989: Subject house and driveway was built • 1993: Aerial photography shows driveway wrapping around to back of house in the subject area. • 1993: A grading ordinance (0)93-02 was adopted with an exemption for driveway maintenance. • 1998: The current 6' fill grading limitation was added to the zoning code (R)98-58 The property was originally built with a less than optimal ingress/egress on the lot. The existing driveway with up to 8' of fill was built in 1989 in compliance with the grading standards at that time. Maintenance by the property owner performed to widen the driveway resulted in the need for an additional 3' of fill dirt to improve functionality. This new area with 11' of imported fill dirt continues to serve as a driveway, as defined in the OVZCR. Interpretation The zoning code exempts grading requirements for "the maintenance of an existing private access, road or driveway, provided that it either existed prior to adoption of, or was established in conformance with, this ordinance". This recent work performed by the property owner constitutes "maintenance of an existing access, road or driveway". Based on a site review, "maintenance" necessitated a corresponding degree of driveway expansion and fill dirt increase (up to IV) to make the driveway more functional. Furthermore, the general driveway area existed prior to adoption of the 1993 and 1998 versions of the grading ordinance. 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 This exemption only applies to the current driveway configuration and extent of grading. The driveway has been made more functional; however, any additional expansion would go beyond the intent of the grading ordinance "maintenance" exemption. No further expansion may occur without a formal Grading Waiver. Although exempt from the grading standards, the added driveway area is subject to Town Code Article 15-24-14 (Stormwater) requirements for proper drainage and erosion control. A permit must be submitted with plans to address existing drainage and erosion issues. Once a permit is issued and corresponding work is completed by the property owner, inspections will follow to ensure compliance. 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 Velf'`a, LEED-AP, AICP Planning and Zoning Administrator Oro Valley, it's in our nature. D D /� Date 11000 N. La Canada Drive, Oro Valley, Arizona 85737 www.orovalleyaz.gov I phone: (520) 229-4800 1 fax: (520) 742-1022 oQo JP``EY ARzo29 TOWN OF ORO VALLEY COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 11000 N. LA CANADA DRIVE, ORO VALLEY, AZ. 85737 PHONE: (520) 229-4800 FAX: (520) 742-1022 www.orovallem.gov F�VNDED `gib' 1.2 GENERAL APPLICATION FORM _...—Offici - Application Type: (of %R ❑ Major General Plan Amendment ❑ Pre -Application W " ❑ Rezoning/PAD Amendment ❑ Zoning Verification ro �' , ❑ Planned Area Development ❑ Sign Criteria ❑ Conditional Use Permit ❑ Sign - PAD Exemption BY. ❑ Zoning Code Amendment ❑ Master Sign Program ....................... ❑ Conceptual Site Plan ❑ Communication Facility — Tier 1 and 2 Minor ❑ Conceptual Public Art ❑ Communication Facility — Major ❑ Conceptual Architecture ❑ Revised Development Plan ❑ Final Site Plan TA Other 6AAbrr�J() ❑ Conceptual Landscape Plan TA ^J ❑ Final Plat Subject Property Information: Address: Silo w ATwk PL Parcel/Tax Code: Subdivision / Commercial Center Name: OVZo yA Lt;C—y L:7i'i'A-f45'S Book / Page or Sequence Number: Lot Number(s) Legal Description: Section/Township/Range: Existing Land Use: Applicant Information: Applicant*: Name:. 3. t6ml& Firm: Address: S/0 w AWA PL Telephone:��J2o)419 -69J 2 Fax: Property Owner(s) if different from Applicant*: Name Address: Telephone: Consultant*: Name: Address: Telephone Area of Property: Proposed Land Use: * If more than one, attach list _City: o4oyALL;Gy State: At Zip: 65:+33 Email: Firm: City: Fax: Email: (Discipline) Firm: Fax: 4 City: — Email: State: Zip: State: Zip: Project Description/Narrative: (SEPARATE SHEET PREFERRED) 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 applicantlowner's responsibility to ensure all private rules and regulations (such as Covenants, Conditions & Restrictions (C(AR's)) of the subdivision and/or commercial center are adhered to. Contact your Home Owners AssociAth rty management to determine applicable requirements. It is alsI' an s responsibility to coordinate with all outside agencies to secure their acceptance or clearance. Failure ay elay issuance of permits. See attached list of agencies. Oct .O-j / `8 '5176E 9 Applicant's 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: • There are missing items on the checklist unless otherwise approved by Planning and Zoning Administrator or Town Engineer. 5 w This application is in request for an interpretation of the zoning code section 27.9DAK to allow 11.feet of fill dirt to support a safe and functional driveway at the residence of 510 W Atua PI. Due to a steep and narrow existing driveway my request is to allow vehicles the necessary room to turn around and safely exit the property. It should be noted the grade of the driveway along with the curvature of Atua road creates a blind spot for vehicles exiting the residence while backing up. The addition of the fill dirt allows vehicles to exit the property while driving forward alleviating any safety concerns. The extension of the driveway with the use of fill dirt also will improve erosion concerns coming off of the existing driveway as well as eliminate any maintenance issues concerning water runoff from the property. The priority of this additional driveway is to allow for a safe exit off the property for the homeowner and any guests.