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Home My WebLink AboutPackets - Board of Adjustment (49) AGENDA ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION November 28, 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. REGULAR SESSION AT OR AFTER 3:00 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 REGULAR SESSION AGENDA 1.REVIEW AND APPROVAL OF THE AUGUST 1, 2023 SPECIAL SESSION MEETING MINUTES 2.PUBLIC HEARING: REQUEST FOR A VARIANCE TO REMOVE THE REQUIREMENT FOR SOLID WALL SCREENING OF MECHANICAL EQUIPMENT IN THE SIDE YARD OF A RESIDENTIAL PROPERTY LOCATED AT 1751 E. ANZA WAY 3.PUBLIC HEARING: REQUEST FOR A VARIANCE TO REDUCE THE FRONT YARD SETBACK FROM 30 FEET TO 23 FEET TO ACCOMMODATE A RESIDENTIAL ADDITION, LOCATED AT 555 E. SUFFOLK DRIVE (Case no. 2302417) 4.PRESENTATION AND DISCUSSION REGARDING THE COMMUNITY'S NEXT 10-YEAR ACTION PLAN, KNOWN AS OV'S PATH FORWARD 5.REVIEW AND APPROVAL OF THE 2024 MEETING DATES FOR THE BOARD OF ADJUSTMENT PLANNING UPDATE ADJOURNMENT POSTED: 11/21/23 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 1. Meeting Date:11/28/2023 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 AUGUST 1, 2023 SPECIAL 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 August 1, 2023 meeting minutes. Attachments 8-1-23 Draft Minutes D R A F T MINUTES ORO VALLEY BOARD OF ADJUSTMENT SPECIAL SESSION August 1, 2023 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE SPECIAL SESSION AT OR AFTER 2:00 PM CALL TO ORDER Chair Dankwerth called the meeting to order at 2:00 p.m. ROLL CALL Present: Joseph Affinati, Member Octavio Barcelo, Member Thomas Gribb, Member Stephen Roach, Vice Chair Helen Dankwerth, Chair Staff Present:Kyle Packer, Senior Planner 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 Steve Solomon did not have any comments. SPECIAL SESSION AGENDA 1.REVIEW AND APPROVAL OF THE JUNE 27, 2023 REGULAR SESSION MEETING MINUTES Motion by Vice Chair Stephen Roach, seconded by Member Thomas Gribb to approve the meeting minutes. Vote: 5 - 0 Carried 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) Planner Alexandra Chavez provided a presentation that included the following: - Purpose - Location - Five findings - Findings - Summary and recommendation Applicants George and Kerri Seeley provided a presentation that included the following: - Current code - Current code compliant structure - Our proposal - Ramada - Temporary structure - View impact - View from walking - Neighbor views - Current code height impact - Five findings - Current variance exceptions - Neighbors approve - Satellite view - Conclusion Discussion ensued among the Board, staff and applicants. Chair Dankwerth opened the public hearing. There were no speaker requests. Chair Dankwerth closed the public hearing. Motion by Member Octavio Barcelo, seconded by Member Joseph Affinati 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. A roll call vote was taken: Member Affinati - yes Member Barcelo - yes Member Gribb - yes Vice Chair Roach - no Chair Dankwerth - no Vote: 3 - 2 Carried OPPOSED: Vice Chair Stephen Roach Chair Helen Dankwerth ADJOURNMENT Motion by Member Joseph Affinati, seconded by Member Octavio Barcelo to adjourn the meeting. Chiar Dankwerth adjourned the meeting at 2:39 p.m. I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special session of the Town of Oro Valley Board of Adjustment of Oro Valley, Arizona held on the 1st day of August 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 2. Meeting Date:11/28/2023 Requested by: Bayer Vella, Community and Economic Development Submitted By:Patty Hayes, Community and Economic Development Case Number: 2302312 SUBJECT: PUBLIC HEARING: REQUEST FOR A VARIANCE TO REMOVE THE REQUIREMENT FOR SOLID WALL SCREENING OF MECHANICAL EQUIPMENT IN THE SIDE YARD OF A RESIDENTIAL PROPERTY LOCATED AT 1751 E. ANZA WAY RECOMMENDATION: Staff recommends denial of the request. EXECUTIVE SUMMARY: The applicant is requesting a variance from the Town of Oro Valley Zoning Code Section 23.6.A.6 which requires solid wall screening of mechanical units such as air-conditioners (Attachment 1). The zoning code section 23.6.A.6 reads: Mechanical Equipment Such as Air Conditioners and Pool Pumps Mechanical equipment shall be screened by a minimum four (4) foot solid wall except when located: a. Inside a yard that is screened by a minimum four (4) foot solid wall and placed no further than ten (10) feet from the screen wall. b. Greater than forty (40) feet from the property line and indiscernible to an adjacent neighbor due to opaque vegetation or topography. The subject property is zoned Rancho Vistoso Planned Area Development, medium density residential and is located in Sun City Unit 7 as shown in yellow on the site map below: The yellow star on the site map below indicates the location of the new air conditioning unit. The homeowner of the subject property recently added a new room onto the existing house which also included an additional air conditioning unit as demonstrated in the photo below. The subject property is located in a single family home zoning district which requires air conditioning units, located on the ground, to be visually screened from view with a solid wall. This specific property is located in Sun City, which originally allowed screening of mechanical units to be accomplished with plants when the development was first established. However, new construction must always meet the current standards of all building and zoning codes. In this case, the current zoning code requires newly installed mechanical units to be screened from view with a solid wall. Staff recommends denial of the variance request, determining that all five findings have not been met as described in the following background and detailed information. BACKGROUND OR DETAILED INFORMATION: Property is located in Sun City, Unit 7 Subdivision was approved in 1990 and the house was built in 1993 Lot size is 7,000 square feet Requirement for mechanical equipment screening was established in 1998 by Ordinance 98-41 A new room addition was built onto the house in 2023 DISCUSSION: State Law and the Oro Valley Zoning Code require the Board of Adjustment to determine that all required findings have been met in order to grant a variance. The required five findings are shown in italics below, followed by the applicant and staff comments. The applicant's complete response and exhibits are included as Attachment 1. 1. That there are special circumstances or conditions applying to the property strictly related to its size, shape, topography, location or surroundings which do not apply to other properties in the district. Existing building configuration shall be included only when constrained by the special circumstances or conditions of the property; Applicant Comment: The applicant refers to the negative impacts a screen wall would have on the drainage of the lot along with creating difficulties for future maintenance and access to the yard as the special circumstances or conditions of the property. The applicant's narrative also refers to how a solid wall would only provide an "artificial structure to screen another artificial structure" and look out of place in a neighborhood that has allowed plants to screen ground equipment. Staff Comment: The applicants' lot size, shape, drainage requirements and yard access circumstances are not unique to single-family home neighborhoods. All homes built on similarly sized lots require proper drainage while also taking into account yard access and mechanical equipment screening. Although, homes in Sun City were built many years before the zoning code screening requirement for air conditioning units, new construction must always be built to current zoning standards in order to ensure equal application of zoning requirements to all properties. The lot drainage and access along with Sun City's culture of not requiring new air conditioning units to be screened with a solid wall does also not constitute a special circumstance. Therefore, this finding has not been met. 2. That the special circumstances or conditions as defined in subsection C.1 of this section were not created by a previous or current owner; Applicant Comment: The applicant states the drainage swale on the lot was created when the house was built and is not a result of the new room addition. Staff Comment: A drainage swale is an open channel that collects and controls water runoff and erosion commonly found between lots and is required to be installed when homes are built. It is best to maintain the original drainage channel, although accommodation for drainage can be done around walls intended to screen air conditioning units. Therefore, this finding has not been met. 3. That the authorizing of the variance is necessary for the preservation of privileges and rights enjoyed by other properties of the same classification in the same zoning district; Applicant Comment: The applicant refers to plant material, such as bushes, as being common screening in the neighborhood along with the requirement of a screen wall causing yard access issues, as meeting this finding. Staff Comment: In Sun City, the screening of mechanical units has been commonly accomplished with vegetation such as bushes. Much of Sun City was originally built before the Town of Oro Valley's screening requirements, which is why solid walls are not common in the community. However, since the zoning code was updated several years ago, the requirement to screen ground equipment has been equally applied to similar zoning districts including new construction in and outside of Sun City. Therefore, this finding has not been met. 4. That any variance granted is subject to 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; Applicant Comment: The applicant mentions in their application that solid wall screening is not required in their neighborhood. Screening has been commonly accomplished by vegetation. Staff Comment: This Sun City neighborhood was originally built before the screening requirement was put into the Oro Valley Zoning Code. This means the original units would only have been screened as the Home Owner's Association required, which is most often with vegetation. However, all new construction is required to have air conditioning screening. Therefore, this finding has not been met. 5. 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. Applicant Comment: The homeowner refers to the location of the new air conditioning unit as being on the side of the house that faces the next door neighbor's garage wall where there are no windows for the neighbor's to see the unit. Also, a bush will aid in blocking the view of the unit from the street. Staff Comment: The neighborhood where this house is located has many unscreened outdoor air conditioning units and many of them are much larger than the subject air conditioning unit. Not requiring the solid wall screening, for this unit, will not be detrimental to the vicinity and will not affect public welfare in general. Therefore, this finding has been met. The photo below shows a comparison between the applicant's new air conditioning unit that is subject to current code standards requiring the screening versus the next door neighbor's existing unit with only a bush to help obscure the view. Additional staff photos have been provided in Attachment 2. PUBLIC PARTICIPATION: Public Notice has been provided as follows: Notice sent to all property owners within 300 feet of the subject properties. Notice posted on the property. Notice posted online at www.orovalleyaz.gov Notice advertised in the Daily Territorial. A letter of support from the adjacent affected neighbor has been received and is included in the applicant's submittal Attachment 1. The applicant has also provided their meeting presentation in Attachment 3. Staff finds that all five findings are not met as the screening requirement of the zoning code must be equally applied to new construction in similar zoning districts. However, staff finds the unique surroundings of the Sun City community makes the applicant's request to install vegetation as screening for the newly installed air conditioning unit common place in the immediate surrounding community. Staff recommends denial of the request. FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to approve this variance request to not require a solid screen wall and instead allow a bush to be planted as screening of the new air conditioning unit located in the side yard of 1751 E. Anza Way, based on the finding that the five criteria have been met. OR I MOVE to deny this variance request to not require solid wall screening of the new air conditioning unit located in the side yard of 1751 E. Anza Way, based on the finding that not all five criteria have been met. Attachments Attachment 1 Applicant's Submittal Attachment 2 Staff Photos Attachment 3 Applicant's Meeting Presentation October 16, 2023 Town of Oro Valley Community and Economic Development Department – Planning Division Board of Adjustment Request for Variance We are the homeowners at 1751 E. Anza Way, Oro Valley. This is a request for a variance involving the recent room addition to the property and the installation of a mini-HVAC system to service that room that has an outdoor compressor now located on the south side of the property. We understand from our contractor representative (Jean Thomas, via letter of authorization, see attached) that the situation with the mini-HVAC unit located on the south side of the house will require a minimum four (4) foot solid wall based on the current zoning code (Oro Valley Zoning Code, Chapter 23, Zoning Districts, Section 23.6, A.6.a. – Property Development Standards for Single-Family Residential Districts), regarding mechanical equipment such as air conditioners. The current code states: Mechanical Equipment Such as Air Conditioners and Pool Pumps Mechanical equipment shall be screened by a minimum four (4) foot solid wall except when located: a. Inside a yard that is screened by a minimum four (4) foot solid wall and placed no further than ten (10) feet from the screen wall. b. Greater than forty (40) feet from the property line and indiscernible to an adjacent neighbor due to opaque vegetation or topography. Pursuant to our situation, the code states mechanical equipment shall be screened by a minimum 4’ solid wall, except when located in “… a. Inside a yard that is screened by a minimum four (4) foot solid wall and placed no further than ten (10) feet from the screened wall. …”. You state in your email to Jean on September 21, 2023, 8:58 am, that the new (mini-HVAC) unit has to comply with the current code. You also indicated a solid wall does not have to be a masonry wall with footings that will create a large ground disturbance. In addition, you stated in your email that a wood or metal fence type of screening may be used that may allow existing bushes to stay in place. Upon discussion with Jean, to install a stucco (i.e., masonry solid wall) wall would likely force removal of one or more existing bushes. Construction of a solid wall, including wood or metal fencing, per the code requirement size, might also impede the water flow down that side swale shared between our residence and the adjacent neighbor immediately to the south. We believe effective visual screening could be provided by the addition of bush(s) placed strategically near the unit, that would be indiscernible to the adjacent neighbor or from street view. Construction of a solid wall (stucco, wood, or metal) is expensive and makes little sense to interject an artificial structure to visually screen another artificial structure (mini-HVAC). The planting of additional bush(s) would be environmentally consistent with the landscape, economically efficient, and we believe, still meet the intention of the code regulatory requirements (mainly visual screening). In fact, in part b. of the subject code, it appears to allow opaque vegetation or topography to suffice code requirements on larger properties (greater than 40’ feet from the property feet from the property line). In fact, the mini-HVAC unit is only 23” high and is already indiscernible to our next-door neighbor due to existing vegetation and the presence of their garage that has no windows on the side facing the mini-HVAC. The nearby presence of pre-existing unscreened large HVAC units is also inconsistent with the current code requirements. Five findings – 1. That there are special circumstances or conditions applying to the property strictly related to its size, shape, topography, location or surroundings which do not ally to other properties in the district, Existing building configuration shall be included only when constrained by the special circumstances or conditions of the property. A: Based on the size, shape, topography, and the location of the mini-HVAC unit (see pictures provided) we believe the requirement of a solid wall fence would constrain water flow down the drainage swale between properties and prove difficultly in servicing the unit should the mini-HVAC need servicing or replacement due to the limited area. Per the IRC M1305.1 it is required to have a working space not less than 30” deep and 30” wide to service the unit. This requirement places the footer for the solid wall in the swale location and close to the neighboring property line. 2. That the special circumstances or conditions as defined in subsection C.1 of this section were not created by a previous or current owner. A:The conditions as defined in subsection C.1. of this section were not created by a previous or current owner. The side swale shared between the subject residence and the adjacent neighbor immediately to the south was not created by the new room addition, but existed since the Sun City development was first developed. 3. The authorizing of the variance is necessary to the preservation of privileges and rights enjoyed by other properties of the same classification in the same zoning district. A:The granting of a variance for the installation of strategically placed bush(s) will meet the intent of requirements of Section 23.6. A.6. to screen mechanical equipment and enhance protection and preservation of the privileges and rights to other similarly classified properties. Due to the short distance to the adjacent property line, the building of a solid wall fence or any other artificial barrier may cause the public to trespass on the adjacent owner’s property when accessing the backyard (s). The granting of a variance to allow the planting of a bush(s) at selected locations will not impact the privileges or rights of other classified properties in the same zoning district. 4. That any variance granted is subject to 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. A:Residences in this area of Sun City Development do not have screening around their HVAC units as this was not a requirement at the time the land was developed. The Sun City HOA does require screening of Mini-Split systems and allow for the screening to be plantings/bushes. They do not allow wooden fences in the development. A metal screened fence would create the same issues with swale and access to back yard(s) as a solid wall. 5. The authorizing of the variance will not be materially detrimental to persons residing in the vicinity, or adjacent property, in the neighborhood, to the public welfare in general. A:The adjoining neighbor can not visually see the mini-HVAC from inside their house due to large bushes and the presence of their garage which does not have any windows. The addition of one appropriately placed bush will provide sufficient visual screening from any street views and will not be detrimental to the adjacent property, neighborhood or general public welfare. We understand the Oro Valley codes are developed to enhance the safety and living conditions of the residents. This subject code requirement does not appear to be a safety issue or a noise issue. We request the granting of a variance to the existing code due to our unique situation and allow for the planting of a bush(s) to meet the intent of code screening requirements. Thank you for your time and consideration. Should you have any questions, please contact Jean Thomas, at 520 268-0938. Sincerely, Rob & Diane Coleman 1751 E. Anza Way, Oro Valley, AZ 85755 Staff PhotosSun City (2302312)Attachment 240’ ROWIndicates location of new A/C unitView from the common lot line between housesView from standing in the street slightly left of the subject house Board of Adjustment 3. Meeting Date:11/28/2023 Requested by: Bayer Vella, Community and Economic Development Submitted By:Patty Hayes, Community and Economic Development Case Number: 2302417 SUBJECT: PUBLIC HEARING: REQUEST FOR A VARIANCE TO REDUCE THE FRONT YARD SETBACK FROM 30 FEET TO 23 FEET TO ACCOMMODATE A RESIDENTIAL ADDITION, LOCATED AT 555 E. SUFFOLK DRIVE (Case no. 2302417) RECOMMENDATION: Staff recommends approval of the variance request. EXECUTIVE SUMMARY: The applicant is requesting a zoning variance to reduce the front yard setback, required in the R1-36 zoning district, from 30 feet to 23 feet for the construction of an addition onto the front of the home as presented in the applicant's submittal (Attachment 1). The proposed addition would be built into the front setback by 7 feet, leaving a 23 foot distance from the proposed new addition to the front property line as demonstrated in the image below. The image above also demonstrates that there is also approximately 20 feet of desert right-of-way land between the front lot line and the pavement of the street. Although the variance request is to reduce the front setback to 23 feet, the 20 feet of desert right-of-way plus the proposed 23 foot building setback will keep the new addition 43 feet away from the paved road. The house is located in the Suffolk Hills subdivision and is shown in yellow below: The house was originally built with the front porch encroaching into the front yard setback while in Pima County's jurisdiction. However, the Oro Valley Zoning Code also allows covered porches to encroach into front yard setbacks. This means the existing covered porch is in an allowed location as it is currently built. However, the applicant proposes to enclose the front porch into living space and expand the new living space further forward which results in a corner of the new proposed addition being located 7 feet into the 30-foot front setback as shown in the first image above. Staff finds that the applicant's request meets all required State and Town Zoning Code findings and recommends approval as described in the following background and detailed information. BACKGROUND OR DETAILED INFORMATION: Property is located in Suffolk Hills Subdivision was approved in Pima County in 1959 and the house was built in 1961 Sudivision annexed into Oro Valley in 2003 Lot size is 1.6 acres DISCUSSION: State Law and the Oro Valley Zoning Code require the Board of Adjustment to determine that all required findings have been met in order to grant a variance. The required five findings are shown in italics below, followed by the applicant and staff comments. The applicant's complete response and exhibits are included as Attachment 1. 1. That there are special circumstances or conditions applying to the property strictly related to its size, shape, topography, location or surroundings which do not apply to other properties in the district. Existing building configuration shall be included only when constrained by the special circumstances or conditions of the property; Applicant Comment: The applicant refers to the steep slope of the lot forcing the original house location towards the front lot line which limits remaining available flat land to build an addition onto the home. Staff Comment: Although the lot is 1.6 acres in size, it is narrow and long with the existing house located near the front of the property. Placing the original house near the front of the lot in the 1960's was most likely due to the significant slopes as shown in the applicant's site plan and the topography map in Attachment 1. The sloped land located behind the house coupled with the fact that the existing carport and driveway occupy much of the western portion of land next to the house results in limited available space for expanding the home. There is flat buildable land on the eastern side of the house that could possibly accommodate an addition. However, in order to place a new addition onto the east side of the house, the mid-century modern roof design configuration of the existing house would require significant modifications resulting in lower than desired ceilings or disconnected rooms. The existing configuration of the current house interior layout has the primary bedroom and kitchen on the east side of the structure. Placing more bedrooms and a bathroom on the east side of the house would negatively affect the functional flow through the house to the new rooms in conjunction with the roofline configuration. The flattest most accessible area for an addition is the area located partially in the front setback. However, this specific lot is also located on a curved portion of the road therefore forcing the front setback to also accommodate the road curve. The curve of the road contributes to the setback encroach as shown in the first image. The existing topography, lot shape and building configuration, outside and inside, are special circumstances for this property and this finding has been met. 2. That the special circumstances or conditions as defined in subsection C.1 of this section were not created by a previous or current owner; Applicant Comment: The applicant states "The house was in its original location when it was purchased by the owners. The location and orientation of the residence seems practical based on the land configuration". Staff Comment: The house was built in 1961 prior to the current owner's purchase of the property. Placing the house close to the front lot line in 1961 was most likely due to the topography limitations which caused the current constraints for future additions. Topography and lot shape coupled with the roof and interior house configurations were not created by the current owner and this finding has been met. 3. That the authorizing of the variance is necessary for the preservation of privileges and rights enjoyed by other properties of the same classification in the same zoning district; Applicant Comment: The applicant expressed their desire to expand the house to meet their current needs and to bring the size of the house to a consistent standard of home found in the area. Staff Comment: The current living space is slightly less than 1,600 square feet, which is a smaller-sized home than found in more recently built homes on large lots. The expansion enables "privileges and rights enjoyed by other property owners" with similar zoning. This finding has been met. 4. That any variance granted is subject to 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; Applicant Comment: The applicants refer to their proposed addition as comparable to others in the area and is not a special privilege. Staff Comment: No special conditions or privileges are warranted for the proposed expansion of adding more bedrooms and a bathroom onto this large lot home site. This finding has been met. 5. 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. neighborhood or the public welfare in general. Applicant Comment: The applicant refers to keeping the majority of the proposed house expansion within the same footprint and height of the existing home. Only a small portion of the structure will expand more forward and is not expected to interfere with adjacent neighbors. Staff Comment: Staff visited the site and noticed the next door neighbor's house, closest to the proposed addition, does not have windows or outdoor patio space facing the subject property and will not be negatively impacted by the proposed addition. The proposed expansion onto the house will not be detrimental to the neighborhood and this finding is met. PUBLIC PARTICIPATION: Public Notice has been provided as follows: Notice sent to all property owners within 300 feet of the subject property. Notice posted on the property. Notice posted online at www.orovalleyaz.gov Notice advertised in the Daily Territorial. FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to APPROVE this variance request to reduce the front yard setback from 30 feet to 23 feet to accommodate a residential addition at 555 E Suffolk Drive, based on the finding that the five criteria have been met. OR I MOVE to DENY this variance request to reduce the front yard setback from 30 feet to 23 feet to accommodate a residential addition at 555 E Suffolk Drive, based on the finding that the following criteria have not been met _______________. Attachments Attachment 1 Applicant's Submittal Attachment 2 Staff Photos Zoning Variance Narrave October 18, 2023 Town of Oro Valley Board of Adjustment Zoning Variance Project Narra#ve Re: Parcel #225-51-1700, 555 E. Suffolk Dr., Oro Valley, AZ 85704 Dear Board of Adjustment, The variance requested is to allow the proposed addi#on to the exis#ng front of the house to be placed in the front yard setback. Our request to allow the front yard setback to be reduced from 30 feet to 23 feet as shown on the Site Plan submi6ed with this variance applica#on. The exis#ng house has a covered front porch that will serve as part of the proposed addi#on. The goal is to enclose the porch and convert it into a livable area. The addi#on will consist of two bedrooms with closets, a bathroom, a furnace closet and a small hallway that will connect to the exis#ng house. A por#on of the new addi#on will require the extension of the roof line. The new roof will match the exis#ng roof pitch. The zoning for the property is R1-36. As per the Town of Oro Valley Zoning Code Sec#on 23.4 Table of Dimensional Requirements, the front yard setback requirement is 30 feet. Due to the curvature of the road, only a por#on of the new addi#on will reduce the front yard setback to 23.72 feet at the Southwest corner. The request is to allow for a por#on of the new addi#on to encroach on the front yard setback. Five Findings 1. That there are special circumstances or condions a pplying to the property strictly related to its size, shape, topography, locaon or surroundings which do not ap ply to other properes in the district. Exisng bui lding configuraon shall be included only when constrained by the special circumstances or condions of the property; and The date of construc#on for this residence was in the early 1960’s. It is apparent that the buildable pad was located close to the street towards the south of the property due to the level terrain. The north side of the building pad presents steep grades that would require a lot of effort to make it part of the buildable area. In reviewing other proper#es around the neighborhood with similar house footprint, this lot is unique in the available level buildable area remaining. This and the closeness of the house to the front yard setback do create constraints on where an expansion can be placed. There is a very limited usable space upon which to build. 2. That the special circumstances or condions as defined in subsecon C.1 of this secon were not created by a previous or current owner; and The house was in its original loca#on when it was purchased by the owners. The loca#on and orienta#on of the residence seem prac#cal based on the land configura#on. 3. That the authorizing of the variance is necessary for the preservaon of privileges and rights enjoyed by other properes of the same classificaon in the same zoni ng district; and It is the desire of the property owners to expand their home as their needs change. The average size of homes in the area seems bigger than this home. Some sizes are due to the original design, and others have grown due to expansion. Allowing the variance would keep the privilege of expanding one’s own home to be consistent with the established neighborhood. 4. That any variance granted is subject to such condi ons as will assure that the authorizing of the adjustment shall not constute a grant of special privileges i nconsistent with the limitaons upon other propere s in the vicinity and zone in which such property is located; and The land area for proper#es in this area is abundant. However, grades that are suitable for building are limited. The a6ached contour map shows the limited usable area of this lot compared to others in the neighborhood. The approval of the variance will not grant a special privilege to the homeowner. 5. 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. The proposed addi#on will include the enclosure of the exis#ng porch with a small expansion to the roof area. The exis#ng views from adjacent property owners will not be impaired by the new addi#on. Even though the footprint will be slightly bigger than the exis#ng porch towards the south end, the height of the structure will remain at the same height as the exis#ng roof. This new addi#on will not be materially detrimental to the neighbors. Sincerely, George Zazueta George Zazueta BATHBEDROOM 3BEDROOM 4MASTER BEDROOMOFFICEBEDROOM 2LIVING ROOMKITCHENM. BATHM. CLOSETENTRYBATHBATHBEDROOM 3BEDROOM 4MASTER BEDROOMOFFICE BEDROOM 2LIV ING ROOMKITCHENCARPORTM. BATHM. CLOSETENTRYBATHSITE PLAN FLOOR PLANA1.1FLOOR PLANSITE PLANPARCEL NO.LEGAL DESCRIPTIONPROJECT ADDRESSdesignGZPANSING RESIDENCE 555 E. SUFFOLK DR.ZONING 0 Legend 200.00 555 E. Suffolk Drive Aerial Map Notes: Contours demonstrating the steepness of existing slopes. 400.0 Feet This map is static output from an internet mapping site and no warranty is expressed or implied as to the accuracy, reliability, currency or completeness of the data, and is for reference only 10/26/2023 All 2-foot Contours Topography - NAVD88 Parcels Staff PhotosSuffolk Hills(2302417)Attachment 240’ ROWView of house from streetCovered front porch and parking area where new addition is proposedCovered front porch and parking area where new addition is located is outlined in yellowCorner of addition encroaching into setback is outlined in blue Board of Adjustment 4. Meeting Date:11/28/2023 Requested by: Bayer Vella, Community and Economic Development Submitted By:Milini Simms, Community and Economic Development Case Number: Not applicable SUBJECT: PRESENTATION AND DISCUSSION REGARDING THE COMMUNITY'S NEXT 10-YEAR ACTION PLAN, KNOWN AS OV'S PATH FORWARD RECOMMENDATION: This item is for informational and discussion purposes only. EXECUTIVE SUMMARY: The path to Oro Valley's future begins now! Residents of all ages and experiences are encouraged to come together to discuss, collaborate, share ideas and listen to one another to renew the community's vision, goals and priorities for Oro Valley. This project was kicked-off with the broader community at the State of the Town on October 25. The plan, also known as a General Plan, is one of the community's most meaningful opportunities to guide town actions and get results and make their vision a reality. Community ownership and participation is critical to creating a plan that is reflective of the community but also stays relevant for a 10-year timeframe. Prioritizing residents' voices through an inclusive and accessible process was emphasized in the resident-driven Community Engagement Plan. The steps below were completed to ensure the guiding principles in the engagement plan are achieved. Preparations for the launch January - March 2023 (Community Engagement Plan) - In preparation for launching out to the broader community, a Community Engagement Plan was adopted by the Town Council. This award-winning plan was built by residents through an advisory group and a town-wide survey. It provides the foundation for this effort by identifying guiding principles, such as being accessible and inclusive, and the methods to engage the community online or at businesses, events, etc. March - September 2023 (Background Reports) - As part of the launch and ongoing outreach, short videos and facts about topics important to the community were created and will be released throughout the next 4 months on OVPathForward.com. The community is invited to read, watch and discuss topics such as housing, public safety, water, environmental conservation, and much more! September - October 2023 (Branding) - The resident advisory group regrouped to help shape the branding for this effort. Key aspects of the project's branding include showcasing Oro Valley's authentic beauty and exemplifying the community. The following tasks are part of the ongoing effort to have an inclusive and accessible process: Developing surveys Refining schedules to include a variety of engagement opportunities Assigning staff to specific engagement tools and events Designing and ordering promotional materials, such as flyers, brochures, stickers and more. Selecting and launching a new specialized and interactive website that features community engagement tools (e.g. discussion boards, polls, etc.). Recruiting volunteers and ambassadors to help spread the word and gather feedback Community engagement Over the next year, substantial community engagement will be conducted in-person and online through events, discussion or social media posts, surveys and more. Community participation and ownership is key to this effort to be successful and to producing an actionable plan that remains relevant for a 10 year timeframe. To start the conversation and develop the community's vision and guiding principles, the following three questions are being asked: What do you like best about Oro Valley? What do you think will be Oro Valley's biggest challenges in the next 10 years? What should Oro Valley be known for? These comments are just the start of many opportunities to learn from the community. Focused conversations about topics important to the community, such as housing, public safety, roadways, parks, the environment and water will occur over the next four months. Next steps This update is the first of many that will be presented to the Board of Adjustment. Routine updates will be provided throughout the next year to summarize key milestones, such as: Feedback from the community related to their vision, guiding principles and focused topics. Findings from a town-wide statistically-valid survey Reflecting the community's vision and guiding principles Over the next three years, the community will work on creating the next 10-year action plan. Volunteers and ambassadors are needed to help ensure everyone's voice is heard. Please signup to volunteer and join the conversation by going online or out in the community at restaurants, events, or shops now. Learn more at OVPathForward.com. BACKGROUND OR DETAILED INFORMATION: Please see the executive summary. FISCAL IMPACT: Not applicable. SUGGESTED MOTION: This item is for discussion and informational purposes only. Board of Adjustment 5. Meeting Date:11/28/2023 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 2024 MEETING DATES FOR THE BOARD OF ADJUSTMENT 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 2024 Board of Adjustment meeting schedule. Attachments 2024 BOA meeting dates 2024 Board of Adjustment Meeting Dates Board Meeting Dates (4th Tuesday of month) 1/23/24 2/27/24 3/26/24 4/23/24 5/28/24 6/25/24 7/23/24 8/27/24 9/24/24 10/22/24 11/19/24* 12/17/24* * Dates fall on same day each month unless otherwise indicated