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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 ven-4hr'.. . 9ftsAY IA. LIN rMIEFICE, VS POCU, INC- 520.293.480 V. WETMORE AD. TUtWK, AZ 95705 0 DrUNIMI" A DMM'2410A 3fl, Type of intcsial LA._ItoqVl , 6A 'rile. St I Clem mode pl p>t> Remove pool LScA?A I Jr- Diopro LOD V,: ,- —Ic; sc -- H U // R7E,-j H )k-6Eie SMDULE DEPT to be cbnkeJ aU Mdes t t, spedhi Instructions CIOA wa LK Cirr 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 nnu11AA i KqICD urn, C.0 IIIII ffAM r S."'i Ilk It r--7 lwm im Tq 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 _ Pool Depth 3-,x X 5 3S, x 4 ' Spa Pr Spa Depth D'S ' Fence Type By - DirtRm ley - Q001le Trees Rm •C , PLUMBING ? FilterG_ Run Pump W P-r FIA Heater 4t ^t A siAr wtP Q Skimmer Quan. 1 Therapy Heads <1 Returns: ADJ. Quan. 3 t " Vac. Brk.: Yes By:1 1 Gas line By: !/ le g syste - T¢ IsP Chlorinator A 1M SV MD.: 2 Skim Ret STEEL, Bars: # 3 J Lb #4 Electric ran v PS - Under water iglnt Pool.W Underwater light Spa . 106 Switch location4 Time Clock l 0 Auto Controller GUNITE Benches S Steps o Umbre a sleeve Exercise bar DECK Deck Type Is A- Deck Color s e Amount of Deck In Handrail — Cup Anchors =_ Jump Board Jig_ 6 Jump Board " e NAMEn]U— it Li L4. Td t1f - SCHEDULE DEPT to be checked by all trades for special instructions ADDRESSQYqV11Dann -?'VIA 9 I,C h+ .b 3tt)wer a ' PHONENUMBER aUq 4alq 2 tXa_+'10_ wMqr_V__VtW BUILDER: 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 BYTVPZ1DRB OA FZ P F J CT MAC UER i MST rAw TSTAv S - A- Ry,.Fro wPe Witlua yq n .gTtvC'1''f j f i; OW wT B o f F1+•5 s •the e.sl' w a`T'` 6M1 614'P1c. r rju y"lot), Type of Inte or Finish Pebble -rec GT A-i. tjo) I.A.y V Accent tiles - Chi Site 51N a 6x6 Tile: Selection {-o 3JCc+ CLEAN UP o Clean inside pool V P_ S Remove pool construction debris v PS Yp o x Ch, 0, SCAM: 1 . Ft JOB NO. - 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 7L c,,/.e, to(90( /.a te_ oL/4a NPR lo L rt a ce G.)/ D /' o I ` 4 J.t b 4 4 v-c e V oL ry r 'Ut C v x a jolo 4--e el, V J` Y y' K C K a / S P O le v ,-k 'L G D c, l '' rT' i1a,t `,0 v D( Q. S r G Gt S OSS EO l e ..T t get/ li K L l J0 u G1 e Gd,nr.vr ej jovv e S W6 i ac-14, / y,2-oFl 10 Pub 1 I c Ut I t & ,{ Slop Easement !Ae fir L1f0 1i Po t E:ntr v5 10, is 00 t,e G, h 50. 00` a •` Bu I t d t ng Setback C38 \ . • • . • L10e L.251 • .: Taw ... 31 1 (Hl V) S l opes • • 54 Revegetate S TOP ,P 5 N I>>s 30' S /P Q, 58 o Bu I l d I ng • 0 LQ huh 54 ao o c • r 60 58 s 55 n o t 1 Retol g Watt i'• • WithIth 4. to 5' B t o k Wait on Top u° N R T H --> • ( See Note) E=60 FF -61 lye O 0 602 • 31 1(H, Slope e. %y d • Reveget to Retaining 0'' • o Wall Elevation I uW_ , ` Qt TOP \ Q x o • 9P N • in in O QQeaQ orC0 • 61. .. SLJ rye` e • u 64 ,. O Ic o 3 Retnining Wall ' O L •• See Note ad i ng c1 W e • • •__ _— 30' In E BUFFER • • • Bul d 0 20, LA AP • • 5' Se acks o NATURA SERT 31 1 , V) S lopes • • • o • Reveg to • . • • N 00 03 w 170.00' l/ I OR VALLEY ADVANCE, 8, PROM SILT FENCE 1, LOCATE 2. DIG A 3. DRIVE OF 10' APi TO PLACE 1 4, FASTEI FABRIC TO NECESSARY 5. PLACE OVER THE LINE L15 L104 L105 L106 L107 L108 L109 L110 L111 e L112 S L113 L114 L115 L116 L251 e L252 ZC Q L253 L254 L255 L256 L257 L111 S 11-,54 01 w 1-0•u& L112 S 14'45'02" W 20.19 L113 S 17'36'46" W 37.37 L114 S 47'52'36" W 19.40 L115 S 58'08'49" W 14.93 L116 S 31'50'01" W 14.75 L251 S 00'45'46" W 59.01 L252 S 26'20'02" E 56.91 L253 S 19'44'20" W 25.00 L254 N 49'45'32" E 89.65 L255 S 25*12'03" W 47.18 L256 N 64'4757" W 32.00 L257 N 2512'03" E 38.62 wSQec.T. GRADED AREA EXCLUDING DRIVEWAY; 11,092 sgft Ct I On ine l Center Line BASIS OF ELEVATION; .l4--tT 12OD^Na^ A nl aT folio a0, _ ,,. µ:b 10. Aso&, lgIMBt , adle, 1a•k A 9ro 00/0 r---ittfRtJ?AL-4Wa NMF OR-- - -- REPAIROFHEAVY 1INS AN' SUNRISEAND IMWES WaRTHAN SM AM TOWN CODE SE *lk 1 i}14.5). "'' Laredo Cross S e c Lot 12 i a a 13 c Finished BGrade — 4,F I R e t a I n.I lg h g hi Existing Grade 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