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Home My WebLink AboutPackets - Board of Adjustment (47) AGENDA ORO VALLEY BOARD OF ADJUSTMENT SPECIAL SESSION August 1, 2023 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE For information on public comment procedures, please see the instructions for in person and/or virtual speakers at the end of the agenda. To watch and/or listen to the public meeting online, please visit https://www.orovalleyaz.gov/town/departments/town-clerk/meetings-and-agendas Executive Sessions – Upon a vote of the majority of the Board of Adjustment, the Board may enter into Executive Sessions pursuant to Arizona Revised Statutes §38-431.03 (A)(3) to obtain legal advice on matters listed on the Agenda. SPECIAL SESSION AT OR AFTER 2:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE CALL TO AUDIENCE - At this time, any member of the public is allowed to address the Board on any issue not listed on today’s agenda. Pursuant to the Arizona open meeting law, individual Board members may ask Town staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Board may not discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. COUNCIL LIAISON COMMENTS SPECIAL SESSION AGENDA 1.REVIEW AND APPROVAL OF THE JUNE 27, 2023 REGULAR SESSION MEETING MINUTES 2.CONTINUED PUBLIC HEARING: REQUEST FOR A VARIANCE TO CONSTRUCT A DETACHED STRUCTURE IN THE FRONT YARD OF A PROPERTY, LOCATED AT 12453 N. PLACITA EL COBO (2301022) ADJOURNMENT POSTED: 7/25/2023 at 5:00 p.m. by dt When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Board 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. PUBLIC COMMENT ON AGENDA ITEMS The Town has modified its public comment procedures for its public bodies to allow for limited remote/virtual comment via Zoom. The public may provide comments remotely only on items posted as required Public Hearings, provided the speaker registers 24 hours prior to the meeting. For all other items, the public may complete a blue speaker card to be recognized in person by the Chair, according to all other rules and procedures. Written comments can also be emailed to Recording Secretary Jeanna Ancona at jancona@orovalleyaz.gov, for distribution to the Board of Adjustment prior to the meeting. Further instructions to speakers are noted below. INSTRUCTIONS TO IN-PERSON SPEAKERS Members of the public shall be allowed to speak on posted public hearings and during Call to Audience when attending the meeting in person. The public may be allowed to speak on other posted items on the agenda 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 blue 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. Please step forward to the podium when the Chair calls on you to address the Board. For the record, please state your name and whether or not you are a Town resident.1.Speak only on the issue currently being discussed by the Board. You will only be allowed to address the Board one time regarding the topic being discussed.2. Please limit your comments to 3 minutes.3.During Call to Audience, you may address the Board on any matter that is not on the agenda.4.Any member of the public speaking, must speak in a courteous and respectful manner to those present. 5. INSTRUCTIONS TO VIRTUAL SPEAKERS FOR PUBLIC HEARINGS Members of the public may attend the meeting virtually and request to speak virtually on any agenda item that is listed as a Public Hearing. If you wish to address the Board virtually during any listed Public Hearing, please complete the online speaker form by clicking here https://forms.orovalleyaz.gov/forms/bluecard at least 24 hours prior to the start of the meeting. You must provide a valid email address in order to register. Town Staff will email you a link to the Zoom meeting the day of the meeting. After being recognized by the Chair, staff will unmute your microphone access and you will have 3 minutes to address the Board. Further instructions regarding remote participation will be included in the email. Thank you for your cooperation. Board of Adjustment Special Session 1. Meeting Date:08/01/2023 Requested by: Bayer Vella, Community and Economic Development Submitted By:Jeanna Ancona, Community and Economic Development Case Number: N/A SUBJECT: REVIEW AND APPROVAL OF THE JUNE 27, 2023 REGULAR SESSION MEETING MINUTES RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: N/A. BACKGROUND OR DETAILED INFORMATION: N/A. FISCAL IMPACT: N/A. SUGGESTED MOTION: I MOVE to approve (approve with changes), the June 27, 2023 meeting minutes. Attachments 6-27-23 Draft Minutes D R A F T MINUTES ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION June 27, 2023 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE REGULAR SESSION AT OR AFTER 3:00 PM CALL TO ORDER Chair Dankwerth called the meeting to order at 3:00 p.m. ROLL CALL Present: Joseph Affinati, Member Octavio Barcelo, Member Stephen Roach, Vice Chair Helen Dankwerth, Chair Absent: Thomas Gribb, Member Staff Present:Milini Simms, Principal Planner Joe Andrews, Chief Civil Deputy Attorney Attendees: Steve Solomon, Town Council Liaison PLEDGE OF ALLEGIANCE Chair Dankwerth led the Board and audience in the Pledge of Allegiance. CALL TO AUDIENCE There were no speaker requests. COUNCIL LIAISON COMMENTS Council Liaison Steven Solomon stated it was nice to see the Board again. REGULAR SESSION AGENDA 1.REVIEW AND APPROVAL OF THE JANUARY 24, 2023 REGULAR SESSION MEETING MINUTES Motion by Vice Chair Stephen Roach, seconded by Member Joseph Affinati to approve the January 24, 2023 meeting minutes. Vote: 4 - 0 Carried 2.PUBLIC HEARING: REQUEST FOR A VARIANCE TO CONSTRUCT A DETACHED STRUCTURE IN THE FRONT YARD OF A PROPERTY, LOCATED AT 12453 N. PLACITA EL COBO (2301022) Planner Alexandra Chavez provided a presentation that included the following: - Location - Purpose - Five findings - Findings for #1 and #2 - Findings for #3 and #4 - Finding for #5 - Summary and recommendation Applicants George and Kerri Seeley provided a presentation that included the following: - Current code section - Current code height impact - Failure of view impact - Current code compliant structure - Current code height impact - Ramada design - Five findings - Neighbors approve - Satellite view - Conclusion Discussion ensued among the board, applicants and staff. Chair Dankwerth opened the public hearing. There were no speaker requests. Chair Dankwerth closed the public hearing. Motion by Vice Chair Stephen Roach, seconded by Chair Helen Dankwerth to deny this variance request to construct a detached structure in the front yard of 12453 N. Placita El Cobo, based on the finding that not all five criteria have been met. Vote: 2 - 2 Failed OPPOSED: Member Joseph Affinati Member Octavio Barcelo Motion by Chair Helen Dankwerth, seconded by Member Octavio Barcelo to continue this item to the next regularly scheduled Board of Adjustment meeting. Vote: 4 - 0 Carried ADJOURNMENT Motion by Member Octavio Barcelo, seconded by Member Joseph Affinati to adjourn the meeting. Vote: 4 - 0 Carried Chair Dankwerth adjourned the meeting at 3:44 p.m. 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 27th day of June 2023. I further certify that the meeting was duly called and held and that a quorum was present. ___________________________ Jeanna Ancona Senior Office Specialist Board of Adjustment Special Session 2. Meeting Date:08/01/2023 Requested by: Bayer Vella, Community and Economic Development Submitted By:Alexandra Chavez, Community and Economic Development Case Number: 2301022 SUBJECT: CONTINUED PUBLIC HEARING: REQUEST FOR A VARIANCE TO CONSTRUCT A DETACHED STRUCTURE IN THE FRONT YARD OF A PROPERTY, LOCATED AT 12453 N. PLACITA EL COBO (2301022) RECOMMENDATION: Staff recommends denial of the variance request. EXECUTIVE SUMMARY: The applicant's request was continued by the Board of Adjustment during a public hearing on Tuesday, June 27, 2023. The Board voted to continue the item, following a split decision of the four members present, to a future meeting with all members potentially in attendance. The draft meeting minutes are attached, and the recording is available HERE . The applicant is requesting a zoning variance from Section 23.6.A.2.b to construct a detached ramada in the front yard of their property. The property is located within single-family zoning district (R1-36) which does not permit detached accessory structures in the front yard. The home has a “flipped” orientation where the home’s front yard functions as the backyard, as defined by Oro Valley’s Zoning Code. Zoning Code standards for R1-36 permit attached structures in the front yard, such as a porch. Constructing an attached porch rather than a detached ramada would allow the applicant to achieve the same result while meeting the Zoning Code requirements. Staff finds that the applicant’s variance request fails to meet all required state and Town Zoning Code findings and recommends denial. Full details of the variance request and findings are available in the June meeting staff report and attachments, available HERE. BACKGROUND OR DETAILED INFORMATION: The subject property is located in the La Cañada Ridge subdivision west of La Cañada Drive, immediately north of Leman Academy. Figure 1 provides a site map of the subject area. The applicant is the property's original owner and is requesting the variance to construct a detached ramada over a sunken barbeque area and a swim-up bar in the front yard. A variance request is not the only avenue for the applicant. Providing shade for the barbeque area and swim-up bar can be achieved through an attached porch, which the Zoning Code permits. Staff finds the variance request has not met all five findings required by state law and the Town's Zoning Code and recommends denial. Please see the staff report provided for the June meeting, available HERE. Figure 1: Site of variance case. FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to approve this variance request to construct a detached structure in the front yard of 12453 N. Placita El Cobo, based on the finding that the five criteria have been met. OR I MOVE to deny this variance request to construct a detached structure in the front yard of 12453 N. Placita El Cobo, based on the finding that the following criteria have not been met _________________. Attachments Board of Adjustments June 27 Draft Meeting Minutes D R A F T MINUTES ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION June 27, 2023 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE REGULAR SESSION AT OR AFTER 3:00 PM CALL TO ORDER Chair Dankwerth called the meeting to order at 3:00 p.m. ROLL CALL Present: Joseph Affinati, Member Octavio Barcelo, Member Stephen Roach, Vice Chair Helen Dankwerth, Chair Absent: Thomas Gribb, Member Staff Present:Milini Simms, Principal Planner Joe Andrews, Chief Civil Deputy Attorney Attendees: Steve Solomon, Town Council Liaison PLEDGE OF ALLEGIANCE Chair Dankwerth led the Board and audience in the Pledge of Allegiance. CALL TO AUDIENCE There were no speaker requests. COUNCIL LIAISON COMMENTS Council Liaison Steven Solomon stated it was nice to see the Board again. REGULAR SESSION AGENDA 1.REVIEW AND APPROVAL OF THE JANUARY 24, 2023 REGULAR SESSION MEETING MINUTES Motion by Vice Chair Stephen Roach, seconded by Member Joseph Affinati to approve the January 24, 2023 meeting minutes. Vote: 4 - 0 Carried 2.PUBLIC HEARING: REQUEST FOR A VARIANCE TO CONSTRUCT A DETACHED STRUCTURE IN THE FRONT YARD OF A PROPERTY, LOCATED AT 12453 N. PLACITA EL COBO (2301022) Planner Alexandra Chavez provided a presentation that included the following: - Location - Purpose - Five findings - Findings for #1 and #2 - Findings for #3 and #4 - Finding for #5 - Summary and recommendation Applicants George and Kerri Seeley provided a presentation that included the following: - Current code section - Current code height impact - Failure of view impact - Current code compliant structure - Current code height impact - Ramada design - Five findings - Neighbors approve - Satellite view - Conclusion Discussion ensued among the board, applicants and staff. Chair Dankwerth opened the public hearing. There were no speaker requests. Chair Dankwerth closed the public hearing. Motion by Vice Chair Stephen Roach, seconded by Chair Helen Dankwerth to deny this variance request to construct a detached structure in the front yard of 12453 N. Placita El Cobo, based on the finding that not all five criteria have been met. Vote: 2 - 2 Failed OPPOSED: Member Joseph Affinati Member Octavio Barcelo Motion by Chair Helen Dankwerth, seconded by Member Octavio Barcelo to continue this item to the next regularly scheduled Board of Adjustment meeting. Vote: 4 - 0 Carried ADJOURNMENT Motion by Member Octavio Barcelo, seconded by Member Joseph Affinati to adjourn the meeting. Vote: 4 - 0 Carried Chair Dankwerth adjourned the meeting at 3:44 p.m. 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 27th day of June 2023. I further certify that the meeting was duly called and held and that a quorum was present. ___________________________ Jeanna Ancona Senior Office Specialist