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HomeMy WebLinkAboutMinutes - Board of Adjustment - 5/26/2020 MINUTES ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION May 26,2020 ZOOM ONLINE MEETING (NO RECORDING AVAILABLE) REGULAR SESSION AT OR AFTER 3:00 PM CALL TO ORDER Chair Dankwerth called the meeting to order at 3:00 p.m. ROLL CALL Present: Helen Dankwerth,Chair Stephen Roach,Vice Chair Octavio Barcelo,Member Mary Murphy,Member David Perkins,Member Staff Present: Michael Spaeth,Principal Planner Joe Andrews,Chief Civil Deputy Attorney Attendees: Steve Solomon,Town Council Liaison PLEDGE OF ALLEGIANCE Chair Dankwerth recited the Pledge of Allegiance. CALL TO AUDIENCE There were no speaker requests. COUNCIL LIAISON COMMENTS Council Liaison Solomon thanked the members for their attendance and welcomed Member Murphy to the Board. REGULAR SESSION AGENDA 1. REVIEW AND APPROVAL OF THE FEBRUARY 26,2019 REGULAR SESSION MEETING MINUTES Motion by Member David Perkins,seconded by Member Octavio Barcelo to approve the February 26, 2019 meeting minutes as written. Vote:5-0 Carried 2. REVIEW AND APPROVAL OF THE MAY 21,2019 REGULAR SESSION MEETING MINUTES Motion by Member Octavio Barcelo,seconded by Member Mary Murphy to approve the May 21,2019 meeting minutes as written. Vote:5-0 Carried May 26,2020 Board of Adjustment 1 3. PUBLIC HEARING:REQUEST FOR A VARIANCE TO CONSTRUCT A DETACHED GARAGE IN THE FRONT YARD OF A PROPERTY LOCATED AT 10971 N.POINSETTIA DR.(2000517) Senior Planner Hannah Oden provided a presentation that included the following: -Purpose -Location map -Applicant's request -Five Criteria -A review of each of the five criteria in further detail: (1)Special circumstances applying to property (2)Shall not grant special privileges (3)Not detrimental to the neighborhood (4)Circumstances not created by the owner (5)Substantial property right -Summary Discussion ensued between the Board and staff. Applicant and homeowner Michael West provided a presentation on his written rebuttal to the staff report; this document was also provided to the Board.He spoke on the five(5)requirements and his perspective on staffs interpretation of those requirements.He outlined his reasons and provided examples of why he disagrees with staffs recommendation. Discussion ensued between the Board and applicant. Chair Dankwerth opened the public hearing. Peter Wong,who owns a home adjacent to the applicant,spoke about his concerns of the project as outlined in the letter he submitted to staff,which was provided to the Board. Chair Dankwerth closed the public hearing. Further discussion continued among the Board,applicant and staff. Motion by Member David Perkins,seconded by Member Octavio Barcelo to deny this variance request to construct a detached garage in the front yard of 10971 N Poinsettia Drive,based on the finding that the five criteria have not been met. Member Perkins stated that the special circumstances referenced in the criteria were not only those described in criteria 1,but also special circumstances of the situation created by the owner,in this case, the excess vehicles. A roll call vote was taken: Chair Dankwerth-Aye Vice Chair Roach-Nay Member Perkins-Aye Member Barcelo-Aye Member Murphy-Aye Vote:4-1 Carried OPPOSED: Vice Chair Stephen Roach May 26,2020 Board of Adjustment 2 ADJOURNMENT Motion by Member Octavio Barcelo,seconded by Member Mary Murphy to adjourn the meeting. Chair Dankwerth adjourned the meeting at 4:41 p.m. I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Board of Adjustment of Oro Valley,Arizona held on the 26th day of May,2020 I further certify that the meeting was duly called and held and that a quorum was present. Dated this 27th day of May,2020. deanna Ancona ,Senior Office Specialist May 26,2020 Board of Adjustment 3