HomeMy WebLinkAboutOV100803AFFIDAVIT 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 OF HEARING
ORO VALLEY BOARD OF ADJUSTMENT
APRIL 22, 2008
OV 10-08-03
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 27th day of March 2008
and the last publication thereof was made on the 27th day of March 2008 ;
that said publication was made on each of the following dates, to -wit:
03/27/08
at the Request of: Town of Oro Valley
ROBBIE JONES L (
Notary Public - Arizona My commission expires:
Pima county
Expires 11/01/08
May 30 08 01:15p Sidney Lex Felker, P.C, 520 622 7337 p.1
LEONARD & FELKER, P.L.C.
7440 North Oracle Road, Building #2 `v
Tucson, Arizona 85704
Telephone (520) 742-0440 P4r
Fax (520) 622-7337
T
fl Z008
TELEFAX TRANSMITTAL
0 t/n Of or0
DATE: May 30, 2008
TO: Sarah More
Planning and Zoning Director
Town of Oro Valley
FAXNUMBER: 742-1022 PHONE
NUMBER: 2294800 FROM:
Sidney Lex Felker RE:
OVII-08-03 Tangerine & First, Kai General Plan Amendment NUMBER
OF PAGES EXCLUDING THIS COVER SHEET 1 ORIGINAL
SENT VIA MAIL: X YES NO If
you do not receive all the pages, please call Vicki at (520) 742-0440. MESSAGE:
THIS
FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFOR IATION ONLY FOR
TI1E LSE OF THE ADDRESSEE. IF YOU HAVE RECEIVED IT IN ERROR OR ARE NOT SURE YV'
HETHER IT 1S PRIVILEGED, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE, AND RETUR-N THE
ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU.
TOWN OF ORO VALLEY
PLANNING & ZONING DIVISION
11,000 N. LA CANAD A DRIVE, ORO VALLEY AZ 85737
Phone: (520) 229-4800 Fax: (520) 742-1022
BOARD OF ADJUSTMENT APPLICATION
FOR: X
Zoning Variance Note: Submittals are due by noon
Zoning Interpretation
Appeal of Administrative Decision CASE NO.: C) C-)2 — D
NATURE OF REQUEST:
A zoning variance is requested to allow the construction of a swimming pool within 15 feet
of the property line. The current plan, as drawn and approveil 5y the Vistoso Estates
Homeowner's Association on 03/01/2008, depicts the water's edge of the swimming pool 5
feet from the rear retaining wall and 8 Teet from the property me. -It-fs—requested that a
variance of 7 feet be allowed to Guild a swimming that incorporates a sae design and is in
t e est interest of the property owners and the neigh or oo .
APPLICANT:
Liza and Tony Taylor
8819
PHONE: - - FAX:
ADDRESS:
89 West Dancing Rain Court, ro Valley, AZ 85755
OWNER: Liza and Tony Taylor
ADDRESS: 989 West Dancing Rain Court, Oro Valley, AZ 85755
PROPERTY LOCATION FOR VARIANCE REQUEST:
219-50-2720
PARCEL #:
CURRENT ZONING:
R-120
ATTACHMENTS:
LEGAL DESCRIPTION:
989 West Dancing Rain Court
Vistoso Estates Lot 12
APPLICABLE FEE: $
150.00
SIGNATURE OF APPLICANT (ALSO PRINT NAME)
i
i
Tony Taylor a Taylor
DATE
Pal'9 i008
I
SUPPLEMENTAL QUESTIONS FOR APPLICATION FOR A VARIANCE
Please provide the following information addressing 1 — 5 in the Findings from Section 21.6 I of theOroValleyZoningCodeRevised (OVZCR). In order to authorize a variance request, the Board will besearchingforsufficientevidenceinaccordancewiththefindings.
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 otherpropertiesinthedistrict?
See attached
2. Are there special circumstances that exist that are not self imposed or created by theowner/applicant?
3. Is the: authorizing of the variance necessary for the preservation and enjoyment of substantialpropertyrights?
See attached
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?
See attached
5. If granted, will the variance be the minimum necessary to afford relief and will not materially affectthehealth, safety, and welfare of the neighborhood or surrounding properties.
See attached
2
Supplemental Questions for Application for a Variance
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? Yes
Because the building pad for the residence, driveway, and backyard was constructed by adding
fill to a sloped area, the only area within the property suitable to build a swimming pool is within
the walled back yard. Other areas on the property, but outside of the walled backyard, are not
feasible as building sites due to the sloping topography, limited access from the residence, and
the presence of native vegetation.
2. Are there special circumstances that exist that are not self imposed or created by the
owner/applicant? Yes
The current owners, Liza and Tony Taylor, are not the original owners and designers of this
residence. The residence was constructed with the front of the house facing to the west. The
walled portion of the property, the back yard, was constructed to the rear of the residence, on
what is considered the side of the lot. Had the walled portion of the yard been built to the rear of
the lot, the defined property set -backs for rear yard would have only been 5 feet.
If the 15 foot set -back is adhered to the width of the swimming pool will be limited to
approximately 10 feet. This is due to the small size of the walled back yard and the limitations
restricting: building within five feet of windows or the columns supporting the back porch. Also,
attempting to place the swimming pool closer to the residence would not leave adequate access
for a walkway around the swimming pool. It is our opinion that constructing such a narrow
swimming pool would create a dangerous swimming environment for our three children. The
opportunity for the children to jump in the swimming pool and impact the opposite side would
greatly increase with such a narrow design. In addition, such a narrow design would restrict the
walkway between the residence and the swimming pool therefore limiting our ability to provide
adult supervision of our children while swimming. Most importantly, constructing the
swimming pool so close to the residence would severely limit the ingress and egress required by
the fire department and other emergency responders in the event of an emergency.
The swimming pool can also not be positioned any further to the northwest portion of the walled
yard without restricting access to the gate leading to the front yard. In addition, positioning the
pool further to the northwest would not allow the entire water surface to be visible from the back
porch. With three children using the swimming pool, we feel this would be a tremendous safety
concern.
The plan as drawn allows adequate room to safely exit the residence and use the remainder of the
yard without entering the pool. Constructing the swimming pool directly behind the back door of
the residence would create a safety hazard by not allowing any avenue to reach other parts of the
yard without going through the pool. Because we have three children who will play in other
areas of the back yard, we do not wish to limit access to other parts of the yard.
3. Is the authorizing of the variance necessary for the preservation and enjoyment of
substantial property rights? Yes
Given the.limited size of the backyard, the swimming pool can only be placed in one location and
still allow! for the continued and safe use of the remainder of the walled backyard. The southern
portion of the walled backyard is not considered due to a permanent built-in barbeque grill and
bar area constructed by the previous owners. This area also has a flagstone patio and is covered
with a wooden patio roof.
The design as drawn allows for the preservation of two twenty foot tall trees which provide a
vegetative buffer between our house and the next door neighbor to the northeast. This neighbor,
Robin and John Owen, are familiar with our plans to build a swimming pool and agree with the
preservation of the two trees.
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? Yes
Allowing this variance will not affect any other properties in the neighborhood. In fact, approval
of such a variance would most likely go unnoticed by the residents in our neighborhood given
the large amount of common area between residences.
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. Yes
The plan as drawn would only infringe on the 15 foot set back by approximately 7 feet. This
exception 'Would only make an allowance for a small portion of the swimming pool.
Granting this variance would allow for the construction of a safe pool which would increase the
specific property value and therefore to the overall home values in the neighborhood.
TO: Vistoso Estates HOA
FROM: Liza & Tony Taylor
989 W. Dancing Rain Court
DATE: 2/22/2008
RE: Review of plans for swimming pool
Dear HOA Committee,
We would like to submit our plans to add a pool and hot tub to our backyard_ We will be using
Clark's Pools. ROC #090106 & ROC 4093594.
Included with the building of the pool/hot tub, we will be removing grass, a small waterfall, an
area of flagstone and a bench wall to prepare the backyard for the pool.
Our pool equipment will be located on the left side of our property. We will be building a stucco
privacy wall to match the wall that currently hides our water softener and electrical circuit
breakers. The equipment will not be seen from the Owen or Elliott property or from the street.
We have signed our contract and as soon as our Oro Valley permits and HOA plans are
accepted, Clark's Pools will begin the dig.
Tony has visited with John Owen and I have spoken. to Marty and Doug Elliott concerning our
plans to build our pool. We would like you all to know that we absolutely value maintaining
excellent relations with our neighbors. We will make sure that our property is keep as clean as
possible during this process. We know that building our pool will add value to our home and
ultimately the value of our neighborhood.
We are looking forward to this addition. Please let us know if there are any other questions or
concerns. We can be reached at the following phone numbers and email.
r
R `ecIzl bmitt
Liza and Tony for
989 W. Dancing Rain Court
219-8819 (home)
940-3079 (Tony's cell)
349-5407 (Liza's cell)
tmtjr2@yahoo.com
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VS POCU, INC- 520.293.480
V. WETMORE AD. TUtWK, AZ 95705
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Location of Pool Equipment
The privacy wall we will be building is located on the Ieft side of our home. It is along the side
walk leading to the back yard. There is an existing privacy wall to hide our water softener and
electrical equipment. Pool equipment will not be seen from the street nor either neighbor to the
left and right of us.
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 OF HEARING
ORO VALLEY BOARD OF ADJUSTMENT
APRIL 22, 2008
OV 10-08-03
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 27th day of March 2008
and the last publication thereof was made on the 27th day of March 2008 ;
that said publication was made on each of the following dates, to -wit:
03/27/08
at the Request of: Town of Oro Valley
by Legal Advertising Manager
S scrib` d and sworn to before me this 27 h day of March 20C 8 .
Notary Public in and for the County of Pima, State of Arizona
ROWEL .30NE5 L Dr Notary Public - Arizona `` (} M commission expires:
Pima ;ounty
y p
Expires 11/01/08
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,
April 22, 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:
OV10-08-03: Liza and Tonv Tovior re -
parcel #219-50-2720)located at 989
W Dancing Rain CourtOro Valley, AZ,
85755, 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 at- torney,
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: hayes0)proval- leyazyov
REQ: Sarah More, FAICP
Planning and Zoning Director PUBLISH:
The Daily Territorial March
27, 2008 hrapr22
jh
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, April 22, 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:
OV10-08-03: Liza and Tony Taylor requests a variance from the required 15' side
yard setback to 8'. Subiect: (parcel #219-50-2720) located at 989 W.
Dancing Rain Court, Oro Valley, AZ, 85755.
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:
phayeskorovalleyaz. goy.
I J, 1Z , wire
REQ: Sarah More, FAICP
Planning and Zoning Director
Posted: 3-24-08
Time: 11:00 a.m.
By: sg
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MINUTES
ORO VALLEY BOARD OF ADJUSTMENT
REGULAR SESSION
April 22, 2008
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
CALL TO ORDER - at or after 3:00 p.m.
ROLL CALL
PRESENT: Colleen Kessler, Member
Paul Parisi, Member
Bart Schannep, Member
EXCUSED: John Hickey, Member
MINUTES Approval of the Minutes of March 25, 2008.
MOTION: A motion was made by Member Schannep and seconded by Member
Parisi to approve the minutes of the March 25, 2008 meeting as presented.
MOTION carried, 3-0.
PUBLIC HEARINGS:
CASE NO: OV10-08-03, Liza and Tony Taylor, requests a variance from the
required 15' side yard setback to 8'. Subject (parcel #219-50-2720) located at
989 W. Dancing Rain Court, Oro Valley, AZ, 85755.
Chair Kessler swore in the applicants.
Mr. Taylor introduced Buzz Nichols of Clark Pools stating that he was available
to answer any technical questions.
Mr. Taylor stated that he and his wife found that their pool plans were in violation
of the required side yard setback when they submitted their plans to the Town for
a pool permit. He stated that due to the positioning of the house on the lot,
the backyard was located on the side of the house. He noted that there was a
limited amount of space in the yard and due to sloping and vegetation beyond
the backyard wall their options were limited. He explained that within the yard
walls, space was limited by the built in bar-b-q and flagstone which were installed
by a prior owner. He noted that the pool design was 30 feet long and 16 feet wide
and that they were further restricted by fire egress.
04/22/2008 Minutes, Board of Adjustment 2
It was noted that:
Behind the Taylor's yard was a 100 year flood plain.
The pool would be located within the property line; within 5 feet of the fence.
Neighbors have been notified and gave their approval.
The Homeowners Association approved the plan
The design allows for working to keep the trees.
Zoning Inspector Patty Hayes presented the Staff report. She stated that:
The pool would encroach 7 feet into the side yard setback.
The required side yard setback in an R-120 zone is 15 feet.
All property owners within 300 feet of the property were notified by mail.
The property was posted with a Notice of Hearing.
It was noticed online and in the Daily Territorial newspaper.
No comments had been made in support or opposition.
No inquiries about this case had been made.
The retaining wall and screen wall were built in 2002.
Oro Valley Zoning Code 25-2-D1 allowed an exception for a rear yard setback
for swimming pools.
Oro Valley Zoning Code 25-2-132 did not allow for a side yard setback
exception.
Chair Kessler opened the public hearing at 3:13 p.m. There being no speakers,
she closed the public hearing.
Mrs. Taylor noted that the realty sales flyer promoted that there was plenty of
room to build a pool. She stressed that the pool was very important to their
family.
MOTION: A motion was made by Member Schannep and seconded by Member
Parisi to approve Case Number OV10-08-03, a request for a variance from the
required 15' side yard setback to 8'. Subject (parcel #219-50-2720) located at
989 W. Dancing Rain Court, Oro Valley, AZ 85755
Member Schannep stated that this was not granting a special condition or
privilege. He noted that due to the topography and the positioning of the neighbor
to east, there was no detriment in this case.
Member Parisi concurred.
Chair Kessler agreed noting that the positioning of the house was awkward. She
stated that the pool would be within the confines of the wall and that they had a
right to make use of their property.
MOTION carried, 3-0.
04/22/2008 Minutes, Board of Adjustment
2. PLANNING AND ZONING UPDATE
Senior Zoning Inspector Dee Widero presented the Planning and Zoning
update. She informed the Board that Member Martin had resigned as he
has moved out of town limits.
Ms. Widero stated that the rules and regulations for the Board of Adjustment
needed to be reviewed. She asked the Board to forward any changes to her.
ADJOURNMENT
MOTION: A motion was made by Member Schannep and seconded by Member
Parisi to adjourn at 3:20 p.m.
MOTION carried, 3-0.
Prepared by:
Christina Pickering
Pool size MY 31
Spa size -1 47- 1 O .
Pool Pr._ Area _
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CLARK'S POOLS, INC. 520.293.4880 3. SO 1- - 3 P4- 2223
W. WETMORE RD. TUCSON, AZ 85705 ea yr R00090106 &
R00093594 dl W,n APPROVED
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PLAN ACCEPTED
AS SHOWN:
March 31, 2008
Jack,
This is a variance request to allow a swimming pool to be built into the side yard setback.
In their reasons for the request the home owner refers to the location of the pool being
restricted by the distance from windows and porch columns. Could you look at the request
and let me know if there are building codes that address this issue. Please include code
sections and code quotes if possible. May I have your comments no later than April 4th.
Thanks,
Patty Hayes
Zoning
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L253 S 19'44'20" W 25.00
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ORO VALLEY PLANNING AND ZONING DIVISION
BOARD OF ADJUSTMENT REPORT
CASE NO: OV 10-08-03
Hearing Date:
Agenda Item No
Prepared By:
April 22, 2008
1
Patty Hayes, Zoning Inspector
REQUEST: Liza and Tony Taylor requests a variance from the required 15' side yard
setback to 8'. Subject: (parcel #219-50-2720) located at 989 W. Dancing Rain
Court, Oro Valley, AZ, 85755.
REQUEST SPECIFICS:
Mr. and Mrs. Taylor request approval to build a pool with a 7' encroachment into the side yard
setback. The required side yard setback in an R 1-20 zone is 15'. The proposed pool would reduce
the setback to 8'.
SITE LOCATION:
This property is lot 12 of the Vistoso Estates subdivision located at Moore Road and Cooper Spring
Trail.
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 tine of this report preparation, staff had received no
comment in support or opposition to this case.
EXISTING LAND USE AND ZONING:
Site: Subject property — Existing house zoned R1-20
North — Common area zoned R1-20
West- Existing house zoned R1-20
East- Existing house zoned R1-20
South - Vacant lot zoned R1-20
SITE INFORMATION:
Vistoso Estates is a 38 lot subdivision recorded in Oro Valley in 2000. Subject property is a .6 acre
irregular shaped lot. The lot slopes 14' downward from the northwest corner of the lot to
southeastern corner.
SUMMARY:
Finding of Facts:
The house, retaining wall and screen wall were built in 2002.
The house and yard were built with orientation to the east. This placed a portion
of the walled in yard in the side yard setback.
Setbacks are determined by the location of the street address and access, not by
the position of the house on the lot.
This subdivision has a grading limit of 12,000 square feet for each building pad
and yard (driveway not included). The original house and yard were graded at
11,100 square feet.
The OVZCR Section 25.2.D.1, allows an exception to rear yard setbacks for
swimming pools but section 25.2.1).2, does not allow a side yard setback
exception.
The Building Safety department would require the bay window to be replaced
with tempered glass or have a protective coating added if the pool were moved
closer to the window.
Building Safety also recommends Cie pool be placed as far away from the house
structure as possible to prevent undermining the porch and house foundation.
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, shal c, 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 :-onditions as will assure that the authorizing
of the adjustment shall not constitute a gr,uit 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 nr. ,tions:
I move to [approve, approve with conditions, or deny] OV 10-08-03, a request to reduce the side yard
setback from 15' to 8'.
ATTACHMENTS:
1. BOA application
2. Location map
3. Ariel photo
4. Topographical map
5. Final plat map
F:\OV\OV 1 0\2007\1 0-08-03\REPORT.doc
Sarah More, FAICP
Planning and Zoning Director