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OV1501314
TO: Oro Valley Board of Adjustment FROM: Francine B. Trotter, Property Owner of 830 E. Palisades Road SUBJ: Variance Request for Detached Garage and Carport DATE: September 15, 2015 Enclosed is the original copy and six additional copies (per the Variance- Submittal Checklist) of the items requested for application for a residential variance. A. 1.2 General Application Form with two (2) attachments (the 2016 Residential Notice of Value) for said property and adjacent property. B. Overview of 2.0 Submittal Content page C. Attachment A - Site Plan (#1 of Plan Content) D. Attachment B—Narrative Description(#2 of Plan Content) E. Attachment C -#3 of Plan Content F. Number 4(#4 of Plan Content) does not apply because this residence is not in a HOA. A ,;,4 .II,, Po.P�EY '1,1 TOWN OF ORO VALLEY 0, 6 ,,, DEVELOPMENT & INFRASTRUCTURE SERVICES DEPARTMENT ��� 11000 N. LA CANADA DRIVE, ORO VALLEY, AZ. 85737 w PHONE: (520) 229-4800 FAX (520) 742-1022 �;ts z' www.orovalleyaz.gov/dis FUNDED Ag1 1.2 GENERAL APPLICATION FORM Office Use Only 1 OV Case #: i Application Type: ❑ Major General Plan Amendment ❑ Final Plat ❑ Rezoning/PAD Amendment ❑ Pre-Application ❑ Planned Area Development ❑ Zoning Verification ❑ Conditional Use Permit ❑ Sign Criteria ❑ Zoning Code Amendment ❑ Sign-PAD Exemption ❑ Conceptual Site Plan ❑ Master Sign Program ❑ Conceptual Public Art ❑ Communication Facility—Tier 1 and 2 Minor ❑ Conceptual Architecture ❑ Communication Facility—Major ❑ Final Site Plan ❑ Revised Development Plan ❑ Landscape Plan 0. Other I'4t4Y4 14 C t,f Subject Property Information: �^ P Address: o p4I,,.ic 49L T got Parcel/Tax Code: .* - . ' Subdivision/Commercial Center Name: / I O A/ -- Soo. Book/Page or Sequence Number: Lot Number(s) At Legal Description: 7` Section/Township/Range: Area of Property:/5 ;f',P4'//S €s Existing Land Use: R Pam. Proposed Land Use: RN"' Applicant Information: * If more than one, attach list Applicant*: A �., Property Owner(s) if different from Applicant*: Name: FRA�e14/9 /Ac T:%'k Name: Firm: �j Firm: Address: 73/ 6Pd5 ��.� IZ . Address: City: Qa.O L/0/4'y Stater Zip: 'S 7,j 7 City: State: Zip: Telephone: Fax: Telephone: Fax: Email: Email: Consultant*: (Discipline) Consultant(Cont.): Name: City: State: Zip: Firm: Telephone: Fax: Address: Email: i d ' 5 * S'eQe ItlfacM e Project Description/Narrative: C 0 (rf e_coz D•Cte.cA!vi l'i(0 Si chit-Ey ofe, / 4- SQ P' T/2--e- J1-4 _- ac, i dO 0,3, I /1S I hereby certify that I have read and examined this application and know the same to be true and correct. I am the owner of the property or the Owner's authorized representative, and if not the owner, I have obtained the owner's permission to perform stated work.All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. The approval of this application does not presume to give authority to violate or cancel the provisions of any other federal, state or local law for which this project may be subject to. Notice: It is the applicant/owner's responsibility to ensure all private rules and regulations(such as Covenants, Conditions & Restrictions (CC&R's)) of the subdivision and/or commercial center are adhered to. Contact your Home Owners Association or property management to determine applicable requirements. It is also the applicant's responsibility to coordinate with all outside agencies to secure their acceptance or clearance. Failure to do so may delay issuance of permits. See attached list of agencies. ray` I R Applicant's Signature Print Names-- Date Important Note: All submittals received after 4:00 p.m. will be processed the next day Submittals will be rejected if: • Not folded using Pima County fold &collated; • There are missing items on the checklist unless otherwise approved by Planning Division Manager or Town Engineer. • Re-submittals cannot be accepted without a transmittal and a written narrative summary describing the purpose of submittal. 6 2016 a, Tucson AZ 85701-1 1 99 asr.pima.gov Property located in PIMA COUNTY(10) THIS IS NOT A TAX BILL 49510 T115 Pi"•""*•AUTO**5-DIGIT 85737 ATTENTION: TROTTER FRANCINE 830 E PALISADES RD PLEASE DO NOT DISREGARD TUCSON AZ 85737-9573 THIS IS AN OFFICIAL NOTICE OF VALUE APPEAL INSTRUCTIONS: If you believe that this property has been improperly valued or erroneously listed, you may petition the Assessor for review within 60 days of the NOTICE DATE. Only the 2016 FCV (Full Cash Value) $11,001 may be appealed, the LIMITED VALUE may not be appealed. .A "Petition for Review of Value" (form DOR 82130) may be obtained from the Assessor's Office or downloaded from our website. Petitions for review must be filed with the Assessor's Office on or before 4/28/2015, the APPEAL DEADLINE. Parcel ID: Book-Map-Parcel Tax Year: Notice Date: Appeal Deadline: 220-06-0120 2016 02/27/2015 VALUATION LEGAL ASMT LiMITED YEAR CLASS RATIO LAND FCV IMP FCV _ TOTAL FCV LIMITED VALUE ASSESSED 2015 2 16.0, 11,001 0 11,001 11,001 1,760 2016 2 15.0 11.001 a 11,001 11,001 1,650 Description: TRI PTN OF W75'E405'S270'N315'NW4 SW4 Property Address: .22 AC SEC 6-12-14 Land Size:.22 Acres Use Code:0012-VACANT RESIDENTIAL URBAN NON-SUBDIVIDED Please visit our website or call(520)724-7507 for additional information or questions regarding this property. Pursuant to AZ Revised Statutes(A.R.S.)42-15103: - If you own a parcel of property that is used for residential rental purposes,that parcel must be listed on the notice of value as legal class four. if your rental residential property is not so listed you must register the property with the County Assessor pursuant to section 33-1902 or you may be subject to a penalty. Out-of-State owners are required to assign a statutory agent who resides in Arizona and will accept legal documentation on behalf of the owner. • If you do not register the rental property with the County Assessor after you receive this notice,the city or town in which your property is located may impose a civil penalty payable to the city or town in the amount of one hundred fifty dollars per day for each day of violation,and the city or town may impose enhanced inspection and enforcement measures on the property. • Many Arizona cities and towns impose a municipal privilege tax on persons engaged in the business of leasing or renting residential real property. If the city or town in which your rental property is located taxes residential rentals, your failure to pay the tax could result in a penalty or fine by the city or town. See Model City Tax Code Section 445 and applicable model option pages to determine whether you are subject to the tax and must be licensed by the city or town in which your rental property is located. The website for the Model City Tax Code is modelcitytaxcode.az.gov - Residential rental properties are also required to comply with the landlord tenant law pursuant to Title 33,Chapters 10 and 11. C ER 2016N 7>e(6h 4 ) . a► •r-- . V t aVL_ % FI V/-1LVL 115 N Church Ave 2010 11. Tucson AZ 85701-119911 asr.pima.gov Property located in PIMA COUNTY(10) THIS IS NOT A TAX BILL ATTENTION: 184447 T397 P1*******'*AUTO**5-DIGIT 85737 TROTTER FRANCINE B PLEASE DO NOT DISREGARD 830 E PALISADES RD THIS IS AN OFFICIAL NOTICE OF VALUE TUCSON AZ 85737 9573 IIIIIIIl,lii,1IIIIIIIIIIIIl11111111,11111111.11"1111111111111111 APPEAL INSTRUCTIONS: If you believe that this property has been improperly valued or erroneously listed, you may petition the Assessor for review within 60 days of the NOTICE DATE. Only the 2016 FCV (Full Cash Value) $389,340 may be appealed, the LIMITED VALUE- nay not be appealed. A "Residential Petition for Review of Value" (form DOR 82130R) may be obtained from the Assessor's Office or downloaded from our website. Petitions for review must be filed with the Assessor's Office on or before 4/28/2015,the APPEAL DEADLINE. Parcel ID: Book-Map-Parcel Tax Year: Notice Date: Appeal Deadline: 220, -Q 2016 02/27/2015 04/28120115 VALUATION` LEGAL ASMT LIMITED YEAR CLASS RATIO TOTAL FCV LIMITED VALUE ASSESSED 2015 3 10.0 366,440 366,440 36,644 2016 3 10.0 389,340 384,762 38,476 Description: E330'S660'N7051 OF LOT 6 EXC PTN N202.58' Property Address: 830 E PALISADES RD E269.23'&EXC PIN S18012.79 AC SEC 6-12-14 Use Code: 0142-SFR GRADE 010-4 URBAN NON-SUBDIVIDED PROPERTY CHARACTERISTICS: Please visit our website or call(5201 724-3052 for additional information or questions regarding Property Characteristics. Property Type: SINGLE FAMILY RESIDENCE Building Class: 4 Area ID: ED 4-080183-10-4 Livable Area: 2824 Effective Age: 1985 Garage Type:CARAGEICARPORT-4 -R� �.,a.. - . -moo ,�..,_ �.�,__-____ _. ...,-..�, . This property is classified as the owner's primary residence or the primary residence of a qualified relative of the owner as provided by ARS 42-12053. if this property is not the owner's primary residence or if it is being used as a rental,the owner must notify the County Assessor of the correct use. Failure to do so may result in a civil penalty. Pursuant to AZ Revised Statutes(A.R.S.)42-15103: • If you own a parcel of property that is used for residential rental purposes, that parcel must be listed on the notice of value as legal class four. If your rental residential property is not so listed you must register the property with the County Assessor pursuant to section 33-1902 or you may be subject to a penalty. Out-of-State owners are required to assign a statutory agent who resides in Arizona and will accept legal documentation on behalf of the owner. • If you do not register the rental property with the County Assessor after you receive this notice,the city or town in which your property is located may impose a civil penalty payable to the city or town in the amount of one hundred fifty dollars per day for each day of violation, and the city or town may impose enhanced inspection and enforcement measures on the property. - Many Arizona cities and towns impose a municipal privilege tax on persons engaged in the business of leasing or renting residential real property. If the city or town in which your rental property is located taxes residential rentals, your failure to pay the tax could result in a penalty or fine by the city or town. See Model City Tax Code Section 445 and applicable model option pages to determine whether you are subject to the tax and must be licensed by the city or town in which your rental property is located. The we bsite for the Model City Tax Code is modelcitytaxcode.az.gov • Residential rental properties are also required to comply with the landlord tenant law pursuant to Title 33,Chapters 10 and 11. VEK 2016RC ( trZ- fd 6 d B. 2.0 SUBMITTAL CONTENT 2.1 PLAN CONTENT 1. Provide a site plan of the entire property. Attachment A 2. Provide a narrative describing the nature of the request. Attachment B 3. Variance requests must provide following information: Attachment C i. That there are special circumstances applying to the property, i.e. size, shape, topography, location or surroundings. ii. That special circumstances were not created by the owner. iii. The authorizing of the variance is necessary for enjoyment of owner's property rights. iv. That no special privileges are being allowed that are inconsistent with limitations upon other properties in area. v. That authorizing the variance be detrimental to persons residing in adjacent properties. , \j 1 -7R- (2,,--- - -Tr- , I 1 1 0 ''', r, - 7 ,A,z", I I 0 I i ,,• .„,, 1 I L„, i L. i , .7,_ ____ , ; i I .,,,,,,.o i 1.4 4. ' A - -, .1 z ivc 0 7, ---/ • , / ,0 d,,,, __...k.' . ,„ ,,,,, i pi, 0.),P*, I' / /....., ,, .., .,. 1,/- 7 .,„ ie........1.9...Lq „ .., z I i . I ij /:, / rif I , I 1 ' 1 ; YNYb 0 , ,, ,, , :„., .„ 1 ill \siv, 757 .iffif 9(,711-11 ..,...,, „).- , \ \,,, .. .--- \ n L gL \ \ VL) \ A I 0 ----1 4 ' a 41 c 'S ',,, ....''''1 , .,•. I 1 i , 12 Attachment B Narrative Description of Nature of Request This request is to build a detached garage and carport between the existing residence and Palisades Road. The existing code does not allow detached buildings in the front yard. The residence (830 E. Palisades Road) was built 30 years ago, 1985,in excess of 400 feet from Palisades Road and near the south boundary of the lot. At the time the residence was built, Palisades Road was a dirt road with only one other house fronting the road (820 East Palisades Road). Pima County codes were the only in existence prior to the Town of Oro Valley annexing the area. My residence was situated at the back of the acreage in order to have an unobstructed view of the mountains and be protected from future noise and traffic on Palisades Road as the area developed. The 2,800 square foot residence with a two-car garage was adequate for the owners and their belongings. My circumstances and property needs have changed which warrant the request. 41,Orr )ri 1 ATTACHMENT 2. NARRATIVE DESCRIPTION of NATURE of REQUEST This is a variance request to build a detached garage and carport between the existing residence at 830 E. Palisades Road and Palisades Road. The existing code does not allow detached buildings in the front of the main house. My grandfather bequeathed me a small inheritance in the late seventies. I found a beautiful 20-acre parcel of land one winter with views of snow-covered Catalina Mountains,a dirt road and an abundance of wildlife. The 20-acre parcel was originally purchased by the Catholic Church to build a youth center which never was realized. I purchased five acres and told friends and family of my find. Soon,all four,five-acre parcels were purchased from the church. Pima County zoning codes were SR or 3.3 acres per house. I built my home in the mid-eighties at the back of the five-acre parcel to always have an unobstructed view of the Catalina Mountains and be protected from future noise and traffic on First Avenue and Palisades Road as the Northwest developed. At that time, only one other home (820 E. Palisades Road) fronting Palisades Road existed. Our 2,800 square foot residence with a two-car garage was adequate for the owners and their belongings at that time. But changes in family structure and family needs over time require additional storage for cars,trucks,trailers,and work equipment to be housed out-of-sight from sun and rain,neighbors and ourselves,for our own sanity. Oro Valley annexed the area in November of 1994. The zoning at present is RI-72 (Single-Family Residential District)with a minimum of 72,000 square feet or approximately a one and a half acre lot. I have two parcels,adjacent to each other as shown on the Site Plan, Parcel 220-06-0120 for.22 acres and Parcel 220-06-002A for 2.79 acres or a total of 3.01 acres total. In this request we respectfully submit evidence that fairly shows only one reasonable location for this separate garage/carport given the special circumstances of the topography of the property and environmental corridors. Thank you for this opportunity. I built the first house on Palisades Road and have been a resident of Oro Valley from its beginnings. We wish to remain here surrounded by all this beauty and serenity. ATTACHMENT 3. (i) Evidence supporting five required areas In 1984 I elected to build my home at 830 East Palisades Road near the back of the parcel,in excess of 300 feet from Palisades Road. This appeared to be the best building site when considering natural topography, drainage,and scenic views. The jurisdiction at the time was Pima County and there were and continue to be no restrictions concerning detached structures between a house and the frontage road. Very few properties in the district have a primary residence in excess of 300 feet from their frontage street. The elevation of our existing house and the proposed detached garage is well below Palisades Road and separated by dense natural vegetation making the house and the proposed garage almost invisible from the street and the adjoining neighbors. We encourage,preserve and enjoy an established safe,north-south wildlife corridor. This is due to a number of factors including owning and maintaining 165 feet of undeveloped and unfenced frontage on Palisades Road.Under the street within our frontage is a drainage culvert allowing wildlife to travel without crossing Palisades Road and continuing in the wash on our property. Impressive numbers and varieties of Sonoran wildlife make this trip on a daily basis. They make a pit stop at our permanent watering hole which is fed by our rain water storage system. Prior to the monsoons,for example,hundreds of quail come for water daily. This water hole and corridor would be severely compromised by putting the detached garage/carport structure behind our house. We have not and will not erect any fences on our property lines that will restrict this corridor. We are attempting to minimize our activities and human footprint to as small an area as possible on our three acres. The proposed variance location for our garage/carport is in an area that already has human activity and will not compromise the wildlife corridor. Additionally,the area behind the house is complicated by a septic tank and leeching field. ATTACHMENT 3. (ii) The topography of the land was not created by the owner just as building site limitations caused by ridge-line elevations/slope and flood plain/natural drainage areas were not caused by the applicant. Any building site other than that which we request through variance will compromise these special circumstances. ATTACHMENT 3. (iii) The back (south facing) wall of the house is predominantly seven-foot picture windows providing breath-taking and panoramic views of Pusch Ridge and the Catalina Mountains. Without the variance we would be forced to locate the proposed detached garage/carport outside these windows thus obstructing the natural view. We have lived here since 1984 enjoying and enhancing the property. No one will be affected by the proposed structure and no one will be able to see it from Palisades Road. We just wish to continue to live here and build an attractive detached garage/carport. Our plan includes following the Santa Fe style construction matching the existing residence. In this manner we are exercising our personal property rights by fulfilling our need to keep out-of-sight(from owner and neighbors) and out-of the- elements (sun and rain) for numerous vehicles and work equipment. ATTACHMENT 3. (iv) The authorizing of this variance will not"constitute a grant of special privileges" because our immediate neighbors on the east and on the west already have permanent detached structures significantly closer to and more visible from the frontage road (Palisades Road). ATTACHMENT 3. (v) The authorizing of the variance will not be"materially detrimental to persons residing in the vicinity." We have described our proposal and its location to all our adjacent neighbors. They have all signed statements supporting our variance request. (Attached Neighbor#1, Neighbor#2, Neighbor#3, Neighbor#4) My husband and I invite staff and/or Board of Adjustment members to our home to review the proposal at their earliest convenience.We can be reached at either 520-360-6116 for Francine or 520-982-9234 for Brandon. Thank you for your time and consideration. I Attachment C (item i) My property originally was an undeveloped five acre parcel which has had two one acre (approximate) parcels split off. The topography is hilly with washes running through many areas.The lot is considerably higher by Palisades Road and slopes down,as seen in Exhibit A,where a yellow flag ten feet high has been placed in the location of the proposed detached garage.The photo was taken from Palisades Road. Conversely, my residence and the proposed garage are (would be) substantially lower in elevation then Palisades Road or my adjoining neighbors. Traffic on Palisades Road elevation would have an unobstructed view over the proposed improvement,which will be in excess of 300 feet from Palisades Road. Because of the topography(elevation of the land),shape and size of the parcel (distance from Palisades Road),and the proposed location of the detached garage,the new structure would be virtually invisible from the street(Palisades Road). Attachment C(item ii and iii) The topography of the land was not created by the owner. But,the decision to build the residence at the back of the lot was the applicant's decision. And,that decision was made for the aforementioned reasons at the time of building--to take full advantage of the views and be furthest from the future noise and traffic of Palisades. The future is hard to predict, location of the main home was based on the best information at the time. My plan includes following the Santa Fe style construction matching the existing residence. In this manner I am also exercising my personal property rights by fulfilling my need to keep out-of-sight(from the owner and neighbors) and out-of-the-elements (sun and rain) numerous vehicles and equipment. • Attachment C(item iv) I appreciate the purpose and intent of Oro Valley's restrictions for detached improvement construction on a residential lot between the residence and frontage street. I believe that the intent of this restriction does not apply in my case for some of the reasons already addressed. Namely, The elevation and distance from Palisades Road makes this proposed detached structure virtually invisible from the street. If I locate the structure on the back side of the house (north),it would be visible and detrimental to new residences built on the proposed Meritage property as well as our close neighbor,Bob Christy,would be looking down on the top of our garage. Also,that is our private backyard to entertain and personally enjoy our outside patio and views. Lastly,to access that side of the house requires cutting a road through a large wash that runs numerous times during winter rains and the summer monsoons. I do not believe that the authorizing committee would be granting any special privileges by agreeing to this variance. The proposed location of the detached garage is the most suitable for my needs as well as protecting my neighbors. - ; < • ' 1,.. w»e AO.„,..„.., e :.. t yy ______ �111111""' 7 r .,.... ,—, ._..- :;":- Is, - k,iii d 4_ 1, -) LN ;LI "'"? 141 1-1?oi4-6 . . .• 744 air ...f, -i-LI -,..._Ix .,„.,,i . I ." '. Fie • ,. ply 1 n 'h1t 4 t•'r+ �,�r•� ; 0 ..-p1%, . + ' ' r A • , •. . • i�R4i. . 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'- J• E,.t �t"y�+n�•y 4�4 s. �.. 4 >�i/ , ,.,, ��/M5/ // --y ,• { t S r: 'tP t ) •K'' '�• ,ti,. ^F r C'(.'.i...i �'«kr' b i, r a f ' „. 1 4 >i.ir� 't a;...t t�,-K�-y�tr'< • h I I t -� • F - • . ♦'f p9cdJC L ut-pity • ••::,„,.... : . • , ' ,S . ' ' • - c1 � �-. . .. (2. IT I ' • .. . . • „ , . ?,12 / _ . •� • . . .••• . . Y� f• -t l! ., F ." f.Tr-,, . tA L . ;. .. • ,..„..,,,,, ,, !. L rr. • ' 7-e"--/--_/-- -z-€---"-Fi ,,,. ,.,. _ r. , , 1 ii(7(-) A a: �e i .R lrl L r�.d'• �r y , �,.Mt ♦ r>��iM� .R' , "II' �i.Ir.,,,,,,,,,, I �. N N � ' I q Is ty )( ---7 ____J i.4" 31 �� •r �R F Attachment C(item v) As has been discussed in the prior item (iv),authorizing the variance will eliminate any unsightly structures for any future Meritage owners and our present adjacent owner, Bob Christy,whose property is not only adjacent but elevated from my property. All property owners with adjacent property have been advised of the variance and the proposed detached garage and carport,and have signed individual statements agreeing to the detached structure. These are attachments Neighbor#1, Neighbor#2, and Neighbor#3. My husband and I invite staff and/or Board of Adjustment members to our home to review the proposal at their earliest convenience. I can be reached at 520- 360-6116 or 520-982-9234. Thank you for your time and consideration. ADJOINING PROPERTY APPROVAL LETTER I, cit_) , neighbor and adjacent property owner to Francine B.Trotter at 830 E. Palisades Road, have reviewed Trotter's detached garage/carport proposal, including the location of same between Palisades Road and her existing residence. In my opinion, this proposal will not adversely affect our property or the neighborhood or be "materially detrimental to persons residing in the vicinity." XkscAkZ ADJOINING PROPERTY APPROVAL LETTER I,--&A4 ,neighbor and adjacent property owner to Francine B�Trotter at 0 E. Palisades Road,have reviewed Trotter's detached garage/carport proposal,including the location of same between Palisades Road and her existing residence. In my opinion, this proposal will not adversely affect our property or the neighborhood or be "materially detrimental to persons residing in the vicinity." Signath ,Addre d Date /114-1ShGok 3 • ADJOINING PROPERTY APPROVAL LETTER I, 3 0"40 � r ,neighbor and adjacent property owner to Francine B.Trotter at 430 E.Palisades Road,have reviewed Trotter's detached garage/carport proposal, including the location of same between Palisades Road and her existing residence. In my opinion, this proposal will not adversely affect our property or the neighborhood or be "materially detrimental to persons residing in the vicinity." Bito aft-tat y ADJOINING PROPERTY APPROVAL LETTER I, ga/A-k----<neighbor and adjacent property owner to Francine B.Trotter at 830 E. Palisades Road,have reviewed Trotter's detached garage/carport proposal,including the location of same between Palisades Road and her existing residence. In my opinion, this proposal will not adversely affect our property or the neighborhood or be "materially detrimental to persons residing in the vicinity." Signature,Address and Date � �• ADJOINING PROPERTY APPROVAL LETTER I, Lap f i , LLt- , neighbor and adjacent property owner to Francine B.Trotter at 830 E. Palisades Road,have reviewed Trotter's detached garage/carport proposal, including the location of same between Palisades Road and her existing residence. In my opinion, this proposal will not adversely affect our property or the neighborhood or be "materially detrimental to persons residing in the vicinity." 11 7V,I a Signature,Address and Date A STUBBS & SCHUBART, P.C. ATTORNEYS AND COUNSELLORS AT LAW 340 NORTH MAIN AVENUE TUCSON,AZ 85701 (520)623-5466 FAX: (520)882-3909 G.Lawrence Schubert* jc. uba►•t{ Stubbn httbart4. (520)623-5406 Thomas M.Parsons Fax: (520)882-3909 R.ohit Talwar www.aat bi hubart.com Robert C.Stubbs 'Alm admitted in Pennsylvania (1927-2012) November 24, 2015 SENT BY E-MAIL Francine Trotter 830 East Palisades Road Tucson, AZ 85737 E-Mail: frantrotter@msn.com Re: Trotter Variance Request Case No. 0V150-1314 Dear Francine: You requested assistance for the forthcoming Board of Adjustment hearing, but due to prior obligations, including a court appearance, I cannot attend the public hearing. You did request that I review your Variance Application and focus upon the Staff response which argues you do not meet the Code criteria for a variance. I firmly disagree; the criteria is met by the arguments presented in your Application and the facts you described to me. The objections posed by Staff are inaccurate and inappropriate for a number of legal reasons. Specifically, there is the contention the need for a variance is created by the owner or applicant. This demonstrates a fundamental misunderstanding of the facts and the application of established land-use law. Your home was designed, permitted, and built in 1984 when the property was within the unincorporated area of Pima County. The applicable Pima County Zoning Code criteria in the Suburban Ranch (SR) Zone contained no prohibition on the location of a detached accessory structure other than it had to be 100 feet from the front lot line. I have attached Section 611 from the Pima County Zoning Code which describes the criteria in regulating the development of your property in 1984. ATTACHMENT 1) Even when your property was annexed by the Town of Oro Valley in 1994, there was still no prohibition in constructing the detached accessory structure where it is now proposed. At the time of annexation, you were given the translation zoning of R1-36. Under the Town of Oro Valley Zoning Code criteria for development in the R1-36 Zone, only the provisions in Chapter 13, Sec. 13-102 ATTACHMENT 2), applied to accessory buildings. The prohibition was that there. could not be an accessory building in the "required front or side yard," which was a STUBBS & SCHUBART, P. C. ATTORNEYS AND COUNSELLORS AT LAW Francine Trotter November 24, 2015 Re: Trotter Variance Request Case No. OV150-1314 Page 2 of 2 reference to the setback criteria. It was not until when the Town of Oro Valley adopted the Comprehensive Code Amendments that Section 23.6 was first adopted. Thus, from May, 2005, forward accessory building could be no closer to the front lot line than the main building. It was this Code amendment that created the hardship you must now address and, as such, your rights should be better viewed as grandfathered as you cannot undo the decisions made in 1984. Of equal importance, the contention you have other alternatives by expanding the existing footprint of the home, fails to observe the fact that you cannot expand to the east, adjacent to your existing garage, because of the presence of the riparian area and a regulated wash. Be mindful that on Palisades Road there is a 36" culvert that allows the water from the north to drain to the south, through your property, and you cannot encroach within that area without Floodplain approval, which is difficult to achieve. Expanding to the west is impeded by the significant slope and extending the garage north only means you will cut off access to the existing garage and effectively extends the garage beyond the main body of the house. In conclusion, I feel your application does meet all the Code criteria for approval of a variance. The pertinent fact are not in dispute: Staff acknowledges "there are slopes of 15 25% along the west side of the home, a small wash located east of the home, and native vegetation throughout the property. Furthermore, the septic system is located south of the house." (Staff Report, p. 3) Thus, the configuration of your lot, in conjunction with the nature features, the slope, the wash, and the prior location of the approved septic system to the south, prevents meaningful expansion of the home leaving construction of a detached accessory structure to the north of the house as the only realistic alternative. Given the fact you have committed to keep it lower in profile, thus negating visibility from Palisades Road, and in light of the support given by surrounding property owners, I feel it was inappropriate for Staff to have recommended denial. If I can provide any further assistance at a later date, please do not hesitate to contact me. Very truly yours, d;TTALIBS & SCHUBART, P. C. t...SaAank.A.< („,, G. Lawrence Schubart GLS/b mh Attachment Attachment I -- Copy of Pima County Zoning Code Section 611 Attachment 2— Copy of Town of Oro Valley Zoning Code Section 13-102 'It74 COUNTY ZONING PLAN PIMA COUNTY ARIZONA • As adopted by the Board of Supervisors, August 6, 1952, and subsequently amended Effective Date: February 16, 1953 = Planning Department Ninth Floor County Administration Building Tucson, Arizona PLPRIN1 : - , May, 1983 Ari`TACIIIVIEN'I' County Zoning Plan - Rev. Sept. 1975 Article CONTENTS Page No. 1 . Short Title 1 2. General Purpose and Adoption of Official Land Use Plan & Zoning Ordinance 1 3. Application of Plan and Ordinance 2 - 5 4. Definitions 6 - 11 5. Zones, Maps and Boundaries 12 - 13 6. SR Suburban Ranch Zone 14 - 18 7. SH Suburban Homestead Zone 19 - 20 8. GR General Rural Zone 21 - 27 9. CR-1 Single Residence Zone 28 - 29-d 10. CR-2 Single Residence Zone 30 - 30-d 11 . CR-3 Single Residence Zone 31 - 36 12. CR-4 Multiple Residence Zone 37 - 37a 13. CR-5 Multiple Residence Zone 38 14. TR Transitional Zone 39 - 40 15. CB-1 Local Business Zone . 41 - 44 16. CB-2 General Business Zone -45 - 48 17. CI-1 Light Industry and Warehouse Zone 49 - 51 18. CI-2 Industrial Zone 52 - 55 18-A. CI-3 Industrial Zone 56 - 57 19. MU Multiple Use Zone 58 - 59a 20.' Guest Ranch Regulations 60 • 21 . TN Trailer Homesite Zone 61 - 62 22. Off-Street Parking and Loading, Public Garages and Filling Stations 63 - 65 22-A. General Commercial and Industrial Landscaping 65-a - 65-f 23. Signs, Billboards, Name Plates and Other Outdoor Advertising 66 - 73 24. General Provisions and Exceptions 74 - 83c 25. Boards of Adjustment and Appeals 84 - 86 26. Procedure for Variances 87 - 88 27, Interpretation, Purposes and Conflict 89 28. Enforcement 90 - 94 29 4 Ordinance Amendments and Zone Changes 95 - 98 30. Sale of Copies 99 31 . Repeal of Inconsistent Provisions 99 32. Severability 99 33. Subdivision Standards , Procedures, and Requirements 100 - 107-a 34. Area and Neighborhood Plans 108 - 112 36. Rural Village Center Zone 113 - 116 37, A. A. Airport Approach Zones 117 - 121 38. A. A. 2 - D.M.A.F.B. Airport Approach Zones 122 - 126 39. CMH-1 County Mobile Home - 1 127 - 130 40. CMH-2 County Mobile Home - 2 131 - 133 41 . A. A. 3 Ryan Airfield Airport Approach Zones 134 - 139 42. "H" Historic Zone 140 - 141 43. H-2 Historic Zone - 2 142 - 148c . L4. HDZ Hillside Development Zone 149 - 165 L5 Mount Lemon Zone (MLZ) 166 - 170 46. Campus Park Industrial . 171 - 176 - }3 y - SyBy/`Bc. RANCH E~ _r PERMITTED: reef be "^ One-family ""=' ' '''u Commercial agricultural -roe crops, Field crops, truck gardening, berry or bush crops,, i flower gardening, nurseries, orchards d Aviaries (0 ) y ' -3. The grazing and raising of livestock., except -that not more than but no slaughtering of other than such raised on the premises . - one hog, weighing more than 50 pounds, may be kept per commercial acre _c. Guest Ranch, in accordance with Article 20, Guest Ranch Reqdlations orod -d. Public park, public or parochial school . -El. Church, providing the minimum off-street pa�kinq requirements, as set forth in Article 22,- are met. _f. A trailer for not more than 90 days during construction of a resi- dence on the same premises, .which period may be extended for an additional 90 days upon application to the Zoning Inspector. -9. Horne occupation . -h. Accessory building or use. _i . A stand of not more than 200 square feet in area for the sale of farm products grown or produced on the premises provided said stand is not closer than 10 feet to any street lot line and not closer than 20 feet -to any other lot | i ne. -J, Airport, airstrip or landing f |a!d* provided that any runway located thereon eho| | not exceed 1 ^320 feet in length, that said runway oho| | be no closer -than 600 feet from any boundary of a site of not loss than 160 acres'^ ` and, provided further, that the applicant for o permit shall provide the Zoning Inspector with the written consent of 75% of the owners, by number and area, . of property within 1 ,330 feet of the required 160-ocro site for which the per- mit is sought (Ord. No, /955-56 - 10-18-55) . . -k^ College, community service agency, governmental structure, library, museum, playground or afh{oticfio|d, private schmm| ^ provided that said use shall be located on a site of not less than /D acres, that the improvements shall occupy not more than 30% of said site, that no playground or ofh|of|c _ f i o/d be [ooated closer than 100 feet to any property | i na' and fhmf {s| | roads and parking area be surfaced with a material which w| ! | minimize the ' creation of dusf (Ord. No. 1955-50 - 10-18-55) ^ -| , Commercial riding stable or riding school , provided that said use shall be located on a site of not less than 20 acres, and provided that all stables., barns, animal sheds or shelters shall be not less than |OO feet from any property line, and there shall be no feeding or disposal of garbage, rub- bish or offal unless o permit for such is issued by the County Health Depart- ment, which permit shall be for a stipulated period not to exceed 3 years, and/ provided further, that the applicant for the permit shall provide the Zoning � Inspector with the written consent of not less than 51% of the owners, by � number and area, of property within 300 feet of the area for which the permit ' is sought (Ord. No. 1955-56 - 10-18-55), & ` � . . . . . Counfy Zoning Plan - Rev. Feb 1959 - 18 - Sac. 61 / DETACHED ACCESSORY BUILDINGS: -o. Perm1ffad covaraOo: 0nb-third of the fofo| area of the rear and side yard (Ord- No. 1059-11 - 2-17-59), -b~ Max\mumHa|ghf: 20 foet (Ord. No. 1959-11 - 2-17-59), -o. Minimum Distance to Main building-., 7 feet (Ord. No. /95-11 - 2-|7-59)^ -d. Minimum Distance fo front lot line: 100 feet (Ord. No. 1959-/ 1 - ' 2-/7-59). -e. Min |mum Di stance. fo side an rear |of | |nes: 4 feet if bui | dinO is not used for poultry or animals; /00 foof if building is used for poultry or animals oxoopf fh 'f if may be reduced to 50 feet if a solid screen of frees and shrubs or ofhar suitable material is provided -to restrict the view and sound (Ord.- No. 1964-6/ - 9-8-64), . . ^ - ^ ' ' � . — o .---- _ . . . , • .. . . . . ; TOWN OF ,ORO VALLEY , i . . . . .:"-_,,.:,,,,:.,:.'":,,,,A: ,... i LEY ,,eA Ailok 1 , 4.7.-, ''-:1.-:.:...s. ,:..... -.-:: : , - - .-:73:4,. 0 ,,,,,,,,,t„i:",i,..i,e4 -;:.:4;...,_ ' -.''-.,,.' - ' • ' ''''''',',f.:4 "37 .1 3/4- t,F.- dirdint- '''',t. ,-..'-2- - . - - .. V\ , , "--,'•2:..,-- .7 rv. '.•:-.6i .-- /.77 ft..'•,.'' ,.54,..:-Vir ' ' .,-.: ',.'g,4, ‘,---. 11 riti* - ...:....-;•iir..•--A ‘ti''' ,. .. , _ .,... • , ,,,,,,...;,4 ,,,,.:1:.‘. -kaz•,...-s-, , .=--- -`,:'...,.-?,'..,7i.f7...:;:::•'..ik• ....-....?,-•;!..:,FA r,...,.. -,;,-;-.., - . • . Ay.„,4 '...,.--..4,:'.,. -- .,.--.,--,, t,,,: .0 . _Zg. :. ,' . .--' --'.''.'44 t•W''- ( . '. , . . .1 -'-'1...i. ."" .44kiftif ii.•-!','''':'..:.',.1 Y "I.':' .'•i',1 -4-C- , YV1-,,,,, . - '- ,,',if-le:.44-,...:','.=i'''ti,:.':'..,-',-,: ,''. - .* ' $M.4rki'S;';':it,: ; " '4i Ir, -... ..,,,,,,,,,,A Nt..• ,-.--.. ___,,,,,-.-c---- -- • ' ,------, ,4i4 ,.. -,.:•,_.; , •,_..,:.....• i . . ,.:-.,_,,, ,---. , V-,...,`,,--- ,,,,, "-'-'•----,---"-- • __,....._,if::c-- A.,„ . ---- " ' ,-----,-------. -:,-:.'-'''' '-----,,-..--,''..,:•;:,-; ‘.1-').-\ . . •.... .. ZO\ ING CODE . REVISED I . . ( ' . . i ATTACHMENT 2 --- - - ---- 0 - --- p 8-5 T-P Technological Park District 8-16 8-6 P-1 Parking District 8-19 8-7 (Reserved) 8-8 Parks and Open Space District 8-20 9. CONDITIONAL USE REGULATIONS 9-1 ARTICLES: 9-1 Conditions for Specific Uses 9-1 10. SUPPLEMENTARY DISTRICT REGULATIONS • 10-0 ARTICLES: 10-0 Tangerine Corridor Overlay District(TRCOD) 10-1 10-1 Hillside Development Zone 10-18 10-2 PRD Planned Residential Development Regulations 10-26 10-3 Planned Area Development(PAD) 10-31 1.0-4 Oracle Road Scenic Corridor District Regulations/Guidelines 10-41 10-5 Golf Course Overlay Zone 10-101 10-6 (Reserved) 10-7 Riparian Habitat Protection Overlay District) 10-108 10-8 Cultural Resource Preservation—General 10-119 (Chapter 11. was replaced by Chapter 27) 12. SIGNS 12-1 ARTICLES: • 12-1 Signs General 12-4 12-2 Procedures and Enforcement of Code 12-6 12-3 Requirements 12-10 12-4 Definitions and Sign Types 12-13 12-5 Permanent Signs 12-18 12-6 Temporary Signs 12-28 13. GENERAL PROVISIONS 13-1 • ARTICLES: 1.3-1. Additional Regulations 13-1 13-2 Temporary Uses 13-6 13-3 Special Requirements 13-7 13-4 Home Occupations 13-8 13-5 (Reserved) in Chapter 13 GENERAL PROVISIONS CHAPTER 13 GENERAL PROVISIONS ARTICLE 13-1 ADDITIONAL REGULATIONS • Sec. 13-101 Additional Provisions The provisions set forth in this chapter qualify or supplement, as the case may be, the regulations appearing elsewhere in this code. Sec. 13-102 Accessory Buildings A. No accessory building shall be constructed upon a lot unless the construction of the main building has actually commenced, and no accessory building shall be used for dwelling purposes other than by household employees working on the premises or relatives or other non-paying guests. B. No accessory building shall be permitted in a required front or side yard. • C. Accessory buildings shall not be constructed closer than 5 feet to any rear lot line. - D. Accessory buildings used as a garage or carport having access from an alley shall not be located closer than 15 feet to the center line of said alley. Sec, 13-103 Corner Lots: Special Limitations A. As an aid to freer, safe movement of vehicles at and near,street intersections, and in order to promote more adequate protection for the safety of children, pedestrians, operators of vehicles and for proposed construction hereafter, there shall be limitations of the height of fences, walls, gateways, ornamental structures,hedges, shrubbery and other fixture construction and planting on corner lots in all districts where front yards are required. 1. Such barriers to clear unobstructed vision at corners of intersecting streets shall be limited to a height of not over two feet above the established elevation of the nearest street line for a distance of 25 feet along both the front and side lot lines measured from the point of intersection of the said intersecting lot lines. 2. Within the isosceles triangle formed as required in Subsection A.1 of this section, by connecting the ends of the respective 25 foot distances, all the fixtures, construction,hedges, shrubbery and other plantings shall be limited to a height not over 2 feet above the elevation of the street line level at the said intersecting streets. • R1-36 RESIDENTIAL DISTRICT REEGULATIC7NS ARTICLE 6-5. R1-36 SINGLE-FAMILY RESIDENTIAL -DISTRICT Sec. 6-501 Purpose This district provides for low density residential development. Sec. 6-502 Permitted Uses The provisions of Sec. 6-102 shall apply. Sec. 6-503 Property Development Standards The provisions of Sec. 6-103 shall apply. The following additional requirements shall apply in this district. A. Minimum lot area: 36,000 square feet. B. Minimum lot width: 120 feet. C. Density 1. There shall be a minimum of 36,000 square feet gross land area for each single family dwelling. 2. Should more than one single family dwelling be erected upon any one lot the following provisions apply: a. An unobstructed access way for ingress/egress shall be provided for each dwelling. (1) If such access way is intended to serve two or more dwellings, the way shall be a minimum of 20 feet wide. b. Location: (1) Each dwelling shall be situated so that if the property were to be divided, each resulting lot with a dwelling would conform to the provisions of this article. (2) No dwelling shall be closer than 40 feet to any other dwelling on one lot. D. Maximum building height: No building shall exceed one story in height, and the maximun exterior height shall be 18 feet. 6-8 R1-36 RESIDENTIAL DISTRICT REGULATICt1S E. Yard setbacks: 1. Front: 30 feet. 2. Side: 15 feet on each side. 3. Rear: 40 feet. F. Detached accessory buildings: 1. Permitted coverage: 10% of total area of rear and side yard. 2. Minimum distance to main building: 10 feet. 3. Accessory buildings shall not exceed the height of the main building nor be any closer to the front lot line than the main building. 4. Minimum distance to side and rear lot lines: 15 feet. 6-9 r 129882 STATE OF ARfZONA RICHARD J.KENNEDY,COUNTY RECORDER WHEN RECORDED,MAIL TO: PIMA ss• RECORDED IN PIMA COUNTY,AZ. County of _ Mr. Robert Alan Christy —5'94.4 WPM 4320 North Sullinger Tucson, AZ 85705 Recorded at the request of FEE$_ ___+?DKr It pG REQ. PIMA LAND TITLE AGENCY J15 _PIMA LAND TITLE AGENCY By, / sa • Escrow No. 50017268-2/sjr WARRANTY DEED For the consideration of Ten Dollars,and other valuable considerations, PIIILLIP H. TROTTER and FRANCINE 11. TROTTER, husband and wife hereafter called the Oranto:hereby conveys to ROBERT AI,AN MISTY, A Single Han f" the following real property situated Pia• County,Arizona,together with all rights and privileges appurtenant thereto: All that part of the Southwest quarter of Section 6, Township 12 South, Range 14 East of the Gila and Salt River Base and Meridian, Pima County, Arizona described as follows: BEGINNING at the Northwest corner of said Southwest quarter of Section 6; thence South 89O 14' 47" East along the North line of said Southwest quarter, a distance of 1320.00 feet; thence South 0° 11' 15' West and parallel with the West line of the Southwest quarter of said Section 6, a distance of 45.00 feet to a Point on the South right-of-way line of Palisades Road, as recorded in the Office of the County Recorder, Pima County, Arizona, in Book 8 of Road Maps at Page 37; thence North 89° 14' 47" West along said South right-of-way line, a distance of 405.00 feet; thence South 16° 27' 52" East, a distance of 261.22 feet; thence South CP 11' 15" West and parallel to the West line of said Southwest quarter, a distance of 230.00 feet to the TRUE POINT OF BEGINNING; thence South 82° 20' 37" East, a distance of 332.81 feet to a point on a line which is 1320.00 feet East of and parallel to the West line of said Southwest quarter; thence South 0° 11' 15" West along said line, a distance of 140.00 feet; thence North 89° 14' 47" West parallel to the North line of said Southwest quarter, a distance of 330.00 feet; thence North 0° 11' 15" East, a distance of 180.00 feet to the TRUE POINT OF BEGINNING. EXCEPT all coal and other minerals as reserved in Patent from the United States of America. Together with an easei,.cnt as stated on the attached legal descriptions. Subject to current taxes and other assessments,reservations in patents and all easements,rights.of•way,encumbrances,liens, covenants,conditions,restrictions,obligations and liabilities as may appear of record,the Grantor warrants the title against all persons whomsoever. Dated this 24th day of September 19 84 P P H. TROTTER GINE B. TROTTER ( �` nom') • This jl ttakAr7ument wasnovelsdeJ tooree me this 9 day of 70 PHZLLIP H. T >R8 dFRAIv.ia :. TRt3TTER Ctla.County of 1 ---_� • ' r �� I atfo, , rr� My,commission will expire: Notary Public STATE OF This in,trumen't was acknowledged before me this _,—_ day of I"' County of 19 .,by._ 7403 1152 My commission will expire: Notary Public FURNISHED THROUGH THE COURTESY OF TRANSAMERICA TITLE INSURANCE COMPANY Form No.A.5IO Rev.1043 • Page l of 4 • 10/09/2015 7:17 AM • w. • EASEMENT OVER PARCEL "F" I A 15.00 foot easement for Ingress-Egress and Utility purposes lying. in a portion of the Northeast Quarter of the Northwest Quarter of the 4outhwest Quarter of Section 6, Township 12. South,' Range 14 East, Gila and Salt River Base and Meridian. The centerline of said easement, being 7.50 feet from either side, is more particularly described as follows; ; :.- Commencing at the West one quarter corner of said Section 6, thence South 89'14'47" East, 1320.00 feet along the North line of the South half of said Section 6; Thence South 00'11'15" West, 45.00 feet to a point on the South right-of-way line of Palisades Road as it now exists, said point being the Northeast corner of Parcel "D"; Thence continuing South 00'11'15" West, 300.00 feet along the East line of said Parcel "D"; Thence North 89'14'46" West, 280.07 feet along the North line ' of Parcel "F" to the centerline of said 15.00 wide easement and the TRUE POINT OF BEGINNING; Thence South 47'09"39" West, 0.70 feet; Thence South 43'34'31" West, 25.74 feet; Thence South 33'31'20" West, 28.14 feet; Thence South 23'19'42" West, 21.90 feet; Thence South 05'54"57" East, 19.44 feet; Thence South 04'18'34" West, 40.17 feet; Thence South 00'57"46" East, 32.29 fact; Thence South '00'11'16" West, 25.98 feet to a point of terminus on the South side of Parcel "F"; Thence North 82'20'37" West, 7.56 feet along said south line to the Southwest corner of Parcel "F" and the end o .is description. ilk . • 36-2642 7114:3) • 7403 1153 01.4!,41.!!'' 4 M • • EASEMENT OVER PARCEL "D" A 15.00 foot easement for Ingress-Egress and Utility purposes rying in a portion of the Northeast Quarter of the Northwest Quarter of the"bouthwest Quarter of Section 6, Township 12 South, Rang. 14 East, Gila and Salt River Base and Meridian. The centerline of said easement, being 7.50 fest from either side, is more particularly described as follows: Commencing at the West one quarter of said Section 6, thence South 89'14'47" East, 1320.00 feet along the North line of the South half of said Section 6; • Thence South 00'11'15" West, 45.00 feet to a point on the 'South right-of-way line of Palisades Road as it now exists; Thence North 89'14'47" West, 277.89 feet along said South right-of-way line to the centerline of said 15.00 foot wide easement and the TRUE POINT OF BEGINNING; Thence South 29'14'43" East, 37.56 feet; Thence South 29'36'18" East, 62.41 feet; Thence South 26'04'08" East, 73.83 feet; Thence South 18'16'47" East, 33.22 feet; Thence South 19.32'17" East, 123.83 feet to a point of terminus on• the South line of Parcel "D"; Thence North 19'32'17" West, 123.83 feet; Thence North 18.16147" West, 33.00 feet to a point of cusp on a tangent curve to the right, said curve being concave to the West and North and having a radius of 49.16 feet; Thence through a central angle of 67'45'01", 58.13 feet along the arc of said curve, with a chord bearing of South 15'35"43" West, to a point of tangency; Thence South 49'28'14" West, 0.88 feet; Thence South 21'42'05" West, 28.87 fest; Thence South 22'52'56" West, 31.20 feet; Thence South 53'56'07" West, 35.90 feet; 7403 1154 . • • Thence South 47609'39" West, 24.04 feet to .a point of terminus an the South 'lino of Parcel "D"s Thence North 89'14'47" West, 49.94 feet along said South line to the Southwq.t, corner of Parcel "D" and the •nd of this -description. 36-2642 • • O• • • // • 7403 1155 • • • •. . • . 10/09/2015 7:17 AM 700 . .. .. , - -....„.....--„„:. i. 44.4) !it!.:11::'`.' It .-i y ia:lit�lit� 1 �} 's.'f'' t', ;:. :t�idt.�•S• • ,. t ' vOE \ 10(":,E - T12SR13E TI2S R14E TR © . ,. ..i 'CPI N ; • I: F 30' N - • l 0 x , 31 PAL _ :. a : • ^ r ...�...�....•• 1 F . 4 lit R 31 SR 1 5 2 1 ^ h . i .. 32--..............„ 1 TR • s ® oi, \IN l • 3 1 I . TR 33 7 1 C 0 12 34 3 R sR . . tur 8 I 35 EL SPLITS _ • l PALISADES PARC le > I ? Q 6 c 36 I- oc u. 1 I KAUCAPRI PROPERTY CPI 3� 38 37 l , I 0 N ft , ,, 1 i I ( 1lL - - �-�- . . /�� S 1n �. :;.• .r-t Board of Adjustment Staff Report �LNEEo 9�p - . .....• .,_,... ...<..............,.:::•. . _........ ......._._........ CASE NUMBER: OV1501314 MEETING DATE: November 24, 2015 AGENDA ITEM: 2 STAFF CONTACT: Robert Kirschmann, Planner rkirschmann(orovalleyaz.gov (520) 229-4836 .. -Jam...............__.....C.x.:-•.L'ti........... .._..... ...n :.-.....: - ..-...n.• ...:...:..:.....1:`f':. _... ... . _...._ .._..... rv. r<.. < • C:1-.-..TI :'CT'e7 . n.v _•l k .t 3 Applicant: Francine Trotter Request: Allow the construction of a detached garage in front of the residence Location: 830 E. Palisades Road a.::srt::..:r.�ac.=:..;.uar�.:rax::.:airmx:[-n.:.s.,:>:.ar+e�=_----•�.aaaa..:..+a::.+f.x:..,r.:y.xM.•.s.w:i.r:s..•a'_cc:,c:vw:. <-::_':.r.:�:rr.::::.:s.�>rrr.�.-::,-.:..c-nayxarrs:ti•r.u.:_:.arsrn'.:>na:: :,: ..::....:r_•,:1�:..rrn....:-:-:-.:-:..`.aeau.aNa+. SUMMARY: The applicant is requesting a variance to allow a detached garage to be closer to the front lot line than the main building (Attachment 1). The home is located at 830 E. Palisades Drive (Attachment 2). The existing home is located approximately 400 feet from the front property line and the garage is proposed approximately 280 feet from the front property line. The location of the home and garage are depicted in Attachment 3. In summary, the variance request does not meet the five findings for approval. The applicants request does not identify special circumstances related to the size, shape or topography justifying the variance. Based on the analysis provided in the discussion section of this report, staff recommends denial. ._ ,,:v„ ..... re•2.'.r:RIWa-rwe_.,--=_x.]. _•: -.. .1:'..... ....• ..e............. .-_c>5rs::• .....:i.•...+r.......Cif 4.w_..•_r a L_.11,J......•..".. .... . ♦. ....t :4..•..,.s.x'.J.73 BACKGROUND: Existing Site Conditions • Lot Size: 2.95 acres • One-story home built in 1984 o Approximate building height: 18' o Approximate setback from Palisades: 400' Related Approvals • The area was annexed into the Town in 1994 and the zoning translated to Oro Valley R1- 36 The existing land use and zoning for the subject site and surrounding properties: Location Zoning Land Use Subject site R1-36 • Single family home North R1-36, R1-7 north of Palisades Single family/vacant (Kai north) South R1-36 Single family East R1-144 Vacant (Kai south) West R1-36 Vacant OV1501314 Trotter Variance Page 2 of 5 Board of Adjustment Staff Report A zoning map has been provided as Attachment 4. Front Setback: Section 23.6.A.3.b does not allow detached structures to be closer than the home to the front lot line. The existing home is located approximately 400' from the front lot line and the garage is proposed at approximately 250' from the front lot line. The approximate location of the two structures are depicted in Attachment 3. The applicant is requesting a variance to allow the garage to be constructed in front of the residence, which is not permitted by the Zoning Code. In 2012, the Town Council amended the R1-144 zoning district to allow detached accessory buildings to be closer to the front lot line than the main building, subject to limitations. The Town Council discussed whether this allowance should be provided in other single-family zoning districts. Based on concerns with impacts in smaller lot districts, this 2012 amendment was limited to the R1-144 zoning district only. Fire Comment: An email has been received from the Golder Ranch Fire District stating that from a fire fighting stand point, the preferred location would be as proposed by the applicant. This is due to existing disturbance, fire apparatus accessibility and proximity to the wiidiand interface area (Attachment 5). DISCUSSION: State Law and the Oro Valley Zoning Code require the Board of Adjustment to determine that all of the following variance 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 in regards to the finding. The Applicant's complete findings are included in Attachment 1. Based on individual Board member analysis and public testimony, the Board may reasonably have a different determination than staff as to whether the findings have been met by the applicant or not. 1. That there are 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; Applicant Comment: The applicant references that the home was constru cted ucted under Pima County jurisdiction which has no restrictions on detached structures in front of the home. They also state that very few residences in the district have the primary structure constructed in excess of 300 feet from the road. The applicant also references their attempt to minimize activities on the property to reduce impacts to wildlife, which utilize a north south corridor on the east side of the property. OV1501314 Trotter Variance Page 3 of 5 Board of Adjustment Staff Report Staff Comment: As can be seen on Attachment 6, there are slopes of 15-25% along the west side of the home, a small wash located east of the home and native vegetation throughout the property. Furthermore, the septic system is located south of the home. Nonetheless, there are other alternative locations for the proposed garage. Options include: • Extending the existing garage to the north. If the garage is attached to the home a variance would not be necessary. This area is relatively flat. • Attaching the garage to the carport along the east. Native vegetation would need to be removed and possible drainage improvements depending on size of the addition and the impact to the wash. • Locating the garage south of the home. Detached structures may be located as close as five feet to the rear property line, allowing adequate room to work around the existing septic system. 2. That special circumstances were not created by the owner or applicant; Applicant Comment: The applicant states that the topography and drainage are naturally occurring and impose limitations on where the garage can be located. Building sites, other than the proposed location will compromise these special circumstances. Staff Comment: The circumstance was created by the property owners as they are responsible for constructing the home in the rear of the lot. This finding has not been met. 3. Variance is necessary for the preservation and enjoyment of substantial property rights; Applicant Comment: The application states that the views will be obstructed if the garage was required to be constructed to the south of the home. Staff Comment: Detached garages are typical structures for single-family residential uses. The subject property contains areas where the garage could be built, without the need of a variance. This finding has not been met. 4. That any variance granted imposes 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; OV1501314 Trotter Variance Page 4 of 5 Board of Adjustment Staff Report Applicant Comment: The applicant refers to the other detached accessory buildings built in front of homes in the neighborhood. Staff Comment: One property to the northwest has a detached structure located in front of the house. This accessory building was constructed when this area was under the jurisdiction of Pima County. This situation is common for areas developed within the County and then annexed into the Town and is not justification for a variance. Upon annexation, any new construction must meet Oro Valley's Zoning Code. This finding is not 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 applicant has provided letters in support from four adjacent property owners (Attachment 1). Staff Comment: proposeddoes not appear to adversely impact the adjacent The applicant's garage g g pp neighbors' or the general public's view based on the submitted letters in support of the request. This finding has been met. 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.orovallevaz.gov • Notice advertised in the Daily Territorial. Four letters of support from adjacent property owners have been received (Attachment 1) and there have been no objections to this case. Chairman Adler sent an email relative to this case, which is included as Attachment 7. 1 OV1501314 Trotter Variance Page 5 of 5 Board of Adjustment Staff Report STAFF RECOMMENDATION Based on an evaluation of all five variance findings, staff recommends denial of the variance. Special circumstances have not been identified by the applicant and adequate areas exist on the property for the location of the garage which conform to Zoning Code requirements. SUGGESTED MOTIONS: I move to deny OV1501314, a variance to allow a detached garage to be constructed closer to the front lot line than the home, based on the finding that the five criteria have not been met. OR I move to approve OV1501314, a variance to allow a detached garage to be constructed closer to the front lot line than the home, based on the finding that the five criteria have been met. 94.7•'u.+-WA. ••..,•:::Vs.3,:;•.,i n.i:aot.Y.6_:na;:r s►�x�= ...•,•fir:° Salavrr'+"�v••••••C11�:1iL'� 'J/'1w3Wir:' 'T• ..._. •..1..2.1ex._x__...jr:a-....r q • , , ATTACHMENTS: 1. Application 2. Location Map 3. Site Plan 4. Zoning Map 5. Email from Golder Ranch Fire District 6. Topography Map 7. Correspondence from Bill Alder Bayer Vell , Planning Manager ATTACHMENT 2. NARRATIVE DESCRIPTION of NATURE of REQUEST This is a variance request to build a detached garage and carport between the existing residence at 830 E. Palisades Road and Palisades Road. The existing code does not allow detached buildings in the front of the main house. My grandfather bequeathed me a small inheritance in the late seventies. I found a beautiful 20-acre parcel of land one winter with views of snow-covered Catalina Mountains,a dirt road and an abundance of wildlife. The 20-acre parcel was originally purchased by the Catholic Church to build a youth center which never was realized. I purchased five acres and told friends and family of my find. Soon,all four,five-acre parcels were purchased from the church. Pima County zoning codes were SR or 3.3 acres per house. I built my home in the mid-eighties at the back of the five-acre parcel to always have an unobstructed view of the Catalina Mountains and be protected from future noise and traffic on First Avenue and Palisades Road as the Northwest developed. At that time,only one other home (820 E. Palisades Road) fronting Palisades Road existed. Our 2,800 square foot residence with a two-car garage was adequate for the owners and their belongings at that time. But changes in family structure and family needs over time require additional storage for cars,trucks,trailers,and work equipment to be housed out-of-sight from sun and rain,neighbors and ourselves,for our own sanity. Oro Valley annexed the area in November of 1994. The zoning at present is RI-72 (Single-Family Residential District) with a minimum of 72,000 square feet or approximately a one and a half acre lot. I have two parcels,adjacent to each other as shown on the Site Plan, Parcel 220-06-0120 for.22 acres and Parcel 220-06-002A for 2.79 acres or a total of 3.01 acres total. In this request we respectfully submit evidence that fairly shows only one reasonable location for this separate garage/carport given the special circumstances of the topography of the property and environmental corridors. Thank you for this opportunity. I built the first house on Palisades Road and have been a resident of Oro Valley from its beginnings. We wish to remain here surrounded by all this beauty and serenity. Attachment # 1 ATTACHMENT 3„ (I) Evidence supporting five required areas In 1984 I elected to build my home at 830 East Palisades Road near the back of the parcel,in excess of 300 feet from Palisades Road. This appeared to be the best building site when considering natural topography,drainage,and scenic views. The jurisdiction at the time was Pima County and there were and continue to be no restrictions concerning detached structures between a house and the frontage road. Very few properties in the district have a primary residence in excess of 300 feet from their frontage street. The elevation of our existing house and the proposed detached garage is well below Palisades Road and separated by dense natural vegetation making the house and the proposed garage almost invisible from the street and the adjoining neighbors. We encourage,preserve and enjoy an established safe,north-south wildlife corridor. This is due to a number of factors including owning and maintaining 165 feet of undeveloped and unfenced frontage on Palisades Road.Under the street within our frontage is a drainage culvert allowing wildlife to travel without crossing Palisades Road and continuing in the wash on our property. Impressive numbers and varieties of Sonoran wildlife make this trip on a daily basis. They make a pit stop at our permanent watering hole which is fed by our rain water storage system. Prior to the monsoons,for example,hundreds of quail come for water daily. This water hole and corridor would be severely compromised by putting the detached garage/carport structure behind our house. We have not and will not erect any fences on our property lines that will restrict this corridor. We are attempting to minimize our activities and human footprint to as small an area as possible on our three acres. The proposed variance location for our garage/carport is in an area that already has human activity and will not compromise the wildlife corridor. Additionally,the area behind the house is complicated by a septic tank and leeching field. Attachment # 1 ATTACHMENT 3. (ii) The topography of the land was not created by the owner just as building site limitations caused by ridge-line elevations/slope and flood plain/natural drainage areas were not caused by the applicant. Any building site other than that which we request through variance will compromise these special circumstances. ATTACHMENT 3. (iii) The back (south facing)wall of the house is predominantly seven-foot picture windows providing breath-taking and panoramic views of Pusch Ridge and the Catalina Mountains. Without the variance we would be forced to locate the proposed detached garage/carport outside these windows thus obstructing the natural view. We have lived here since 1984 enjoying and enhancing the property. No one will be affected by the proposed structure and no one will be able to see it from Palisades Road. We just wish to continue to live here and build an attractive detached garage/carport. Our plan includes following the Santa Fe style construction matching the existing residence. In this manner we are exercising our personal property rights by fulfilling our need to keep out-of-sight(from owner and neighbors) and out-of the- elements (sun and rain) for numerous vehicles and work equipment. ATTACHMENT 3. (iv) The authorizing of this variance will not"constitute a grant of special privileges" because our immediate neighbors on the east and on the west already have permanent detached structures significantly closer to and more visible from the frontage road (Palisades Road). ATTACHMENT 3. (v) The authorizing of the variance will not be"materially detrimental to persons residing in the vicinity." We have described our proposal and its location to all our adjacent neighbors. They have all signed statements supporting our variance request. (Attached Neighbor#1,Neighbor#2,Neighbor#3, Neighbor#4) My husband and I invite staff and/or Board of Adjustment members to our home to review the proposal at their earliest convenience.We can be reached at either 520-360-6116 for Francine or 520-982-9234 for Brandon. Thank you for your time and consideration. Attachment # 1 /I\ i .i i 1 1 • 1 1 i I i 1 I 1 I 1 i — 1 I 1 i 1-q I I I . a• i I i , s 7441,3 KV 1 1 45 . I a Z1 I • -1 1 1 i .,rAe*6 .1 1 I ' Q 0 O:.,. 1 6 I gr --1 i . 1 1 -7; 'o).0 Yof end 1:- i , 1 .. I, .,.\ 1 I 1 I I 7 ../ . i 7 i ( f 1 \ \ 1\' 1 : / I \ I 1 \ ‘ 1 \ \ % / 1 1 \ / yog yk 0 ic V\ • 1 \ \\ pf e \ , /4,el ,,,. ..: si) i ...4g Pi j \t,,,,, 1 \ 0 I (.. \A \ = , ..47ig 3 •Agg \ . .: -.., 1 1 f7-eic es 7550W-7(7 ibi k7 .‘,. oz/i91 - 0'0 ff \ \ = \,1 ‘ ,-•- \ \`• \ ----.. — — ---- - . ,f;..k. .• . ''''—'4111 ',...'-4-'4,._ - _.,.. ,.,...._ . 1 , . -';,',„,-,. .7.•!.. i'A..,f,,.. 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' „ii; ,,,,,,,,.144, ' ;:,r ' ,„.4 ' ,,.... „ „„,, ,r,,,,,„!„, , '!,":„..,,,:,..",,,,„;,.t, , ',,)'4,.,,', , ',',.,, , , .1,, , ' w '' �' ' 1� , �. ►'' r � , � r :, 5;rr mgg;w;, Palisades Road , i� r p .. t Proposed a garage *�, . ,. r. , µ , , gym, -." „. \ .:yw x�r, Qs� �-� a� f'. ° As. ,,P ,. IF 4.. 101 ,> " 4 . it;f'''',,,..,-,„4,,.,,,,,4',3.1.,,,,,', ,.4.-1''''',''''"' n y ie. °gyp" a ' -0 . :',....-1,1::):',:., ',...4' ......,:,4,:oe.,',.....1'.5 ., .' a °& lea f ; r s. v , r V )0'.: A . ''''':' 4t1;K, ,.,„ ,,,,1 ' ,f"',, '"""'.., °, P 40- � Y Location Map t, ,iP Trotter Variance (0V1501314) , ; Attachment 2 :. Palisades Road r ' w tij''. 1 IV),.., ''''' Ito\*, \1/4,\1 4''''''.:4 " w „ .. 4-- ..„,,,, ..,,,, ,,,,,4,,, 4 ._.,,,_ Prop osed Garage „ p „mil I w d» i „ A a * ' ' er`` .,,. / , , " ' itit*,,,.. :,,,,, .„,..,.4., y. ttlif'*°'7,8, wei4. ' ... ":::`'f'° t ' ' .40 . ; ' 4.,,,,Aliii ' * ' ' ' ..44k,`., , ,,,. Site Plan Trotter Variance (OV1501314) �" C,,,, , s,' Attachment 3 v- 1771! IN _.! _1 i .4 , _ f ,-,. R1 -7 PAD- Catalina -1--- `f Shadows U I i_ E--i pp)*: iL .11 ', \i le Palisades Road nH it_ ' - \ __,—)F- -----„ ,_ R1 -7 _a _x____ `-� _,v,--- _....____ H R1 -36 it-- R1 -72 I 17) / R1 -36 a) 772 R 1 -144 __ II \---..,,,\R JP ' Nt. Zoning Map Trotter Variance (0V1501314) %Iowa Attachment 4 Kirschmann, Robert From: Loesche, Will <wloesche@grfdaz.gov> Sent: Monday, November 09, 2015 3:05 PM To: Kirschmann, Robert Cc: Brandon4021@aol.com Subject: RE:Trotter Variance Robert: Mr. Brandon Trubee and Ms. Francine Trotter of 830 E. Palisades Dr. asked me to visit with them concerning a proposed garage (0V1501314). I did have the opportunity to visit with them today and reviewed their proposal on site. From a fire response standpoint,the garage poses no issues if it were to be built at the requested location. Actually, it is easier to access from the street should there be a fire incident. I did review the total property for alternatives and it appears that other locations may provide greater difficulty in erecting the garage due to wildland interface and apparatus access concerns. The south rear yard is adjacent to a wildland interface area that is also property under review for development. The garage, if located in the rear yard, would be closer to the wildland interface and issues with wildfire would make the front yard more advantageous.The garage in the rear yard would also be considered an exposure to the homes being proposed on the adjoining property. The north yard option also appears to be less intrusive as there is already a level area for construction which does not interfere with fire access. In short, I would not be opposed to this proposal. Let me know if you need anything further. Sincerely, William R. Loesche, Battalion Chief Fire Marshal - Fire & Life Safety Division Golder Ranch Fire District 3885 E. Golder Ranch Dr. Tucson, AZ 85739 (520)818-1017 x 7011 Office (520)954-9649 Cell www.golderranchfire.orq From: Kirschmann, Robert [mailto:rkirschmann@orovalleyaz.gov] Sent: Monday, November 09, 2015 1:59 PM To: Loesche, Will Subject: Trotter Variance Robert Kirschmann Planner Development and Infrastructure Services Town of Oro Valley 11000 N. La Canada Drive I. ATTACHMENT 5 a __ r :Lli.A.„' ,„.„,:04....,,,., , ., Palisades Road iii f , \ ,,i,., . � . ,, „ \\\,, - a 4 � y _ ....... ,, .,,,,\ ,\ \\\:\ ry t" y t • - `,„ 5� 1 •.n hi /*-- 1 fit 6 "w ,, t (� �s` , 1 , , 1%1,1., X, 1 , ' - ‘ \\Ss \\ ,\ '' ',, \\, t 1 ft yJ ,,, ,. •X ' 4 N:'..: 1 \'\::\:,.,,Illko.\.,;',/\1‘" '//: ' i '\ 4 '''' ' '— 4 `y 1 rye t !fi ilk '7 ^` " f, _ ' • 2;-,..„,,,,,.i.i '''''''':'•". '''''''' '''''''' _______ \ ------"\\ ' ' ' #' ' ''''"\ '*--. 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Attachment 6 From:William Adler[mailto:stfatha@gmail.com] Sent:Thursday, November 12, 2015 2:17 PM To:Vella, Bayer<bvella@orovallevaz.gov>; Daines, Chad<cdaines@orovalleyaz.gov>; mrzinkin@msn.com;Arellano, Rosevelt<rarellano@orovalleyaz.gov> Subject: BOA 11.24.15 This is for inclusion into the BOA communications. I've known the owners of the Palisades property scheduled for hearing November 24th for many years, and was called by the owners for a discussion of their application for variance. They didn't know I was a member of the Board,but thought I could provide advice based upon my general Town experience in land use. At this point, an application had been filed with the Town,but I was not aware of this. I called the Town in advance of my appointment and was essentially told that it was appropriate for me to visit the property. The case had not be scheduled for hearing at this point in time. I expected that the property was suitable for an application, but wasn't aware that one existed. I knew that there had been contact with the Town, and several discussions and visits by the Town staff had occurred. I visited the property; walked from entrance to rear property line. Noted a minor wash running diagonally across part of the rear property; thick vegetation on the perimeter of the property- rear, east in particular-with a combination bird bath, animal drinking pond in ground near the rear vegetation. There is also terrain elevation to the east along the rear and front of the property. I did not express to the owners what might be called "advice" other than to say that photos of the rear conditions would be an appropriate element to their application. IN my personal judgment there are conditions of the property in the back of the house. I can't find a copy,but I believe I wrote an e mail to staff indicating that these were my observations. I'm providing this information again to the Board and staff to comply with my contact with property owners of our case for November 24th. I became aware following my visit that the property owners had already filed an application. So I apologize if my contact appears to compromise impartiality. I believe I can judge this matter impartially regardless of my friendship for the owners. Bill ATTACHMENT 7 oO�P� • LEY ARiZ�2v °VNDED 9A Development and Infrastructure Services November 25, 2015 Francine Trotter 830 E. Palisades Road Oro Valley, AZ 85737 Via email: Frantrotter@msn.com RE: Detached Garage Variance for 830 E. Palisades Road OV1501314 Dear Ms. Trotter, At their regular meeting of November 24, 2015, the Board of Adjustment approved the variance request to allow a detached garage to be constructed closer to the front lot line than the home. The next step in the process would be to prepare and submit construction documents for review. Please contact me if you have any questions or concerns. Best regards, Robert Kirschmann Planner 520-229-4836 rkirschmann@orovalleyaz.gov Planning Permitting Inspection&Compliance Engineering Operations Transit (520)229-4821 (520)229-4815 (520)229-4815 (520)229-4894 (520)229-5070 (520)229-4990 Caring for our heritage,our community,our future. 11000 N.La Canada Drive•Oro Valley,Arizona 85737 fax:(520)742-1022•www.orovalleyaz.gov • d 6 ,it‘ '' ':',':'.'.':.,,,;,'?4'.''41,,''''... '''' '. , '''.'''.',:,'' ''.:':},'1,i'r 2'; :','5;,:1: }R3 i ,,iti, ,,. , ,..,, ' .�..'S #4 ky y N ) Yd �dr• 1 ,.--:' ,,- . ' 'ts'AtiV '.. , '. :",'.',',-;': ,;,.: •,,,,";;',-,.-* ',,.,.,-41,' '2 '"4'.',', *' : ' 41*' ,..rri#0.41044. . .:4„. ,,„,,`,.4'„,.., -iik, 4,,,,,;0.-r- ,..,,,,,—)010--, ''' -"'-'-'—'*- 'r‘' r ''''''Nglitirako,- 4 „ t „......,. „-r. . Vv E ( r:, ,,.., *�" �{ ". fi '..,... /f � . . ,.•,,4 '••'-'r ''':',„,, .'''., - — 4::C \:.. ..•:,;:ii& •:,. .,4'.,,:r4,.-,„ ',. •-,•-•-4•., . ,-,... . . . ' '''*4"\\ :' ry .) Ada _ " Cam,.. • • . ., -.. 1 E r.. '-, , ,0/' i ' ' 'r''.., ''M " .� U il, _ .ma �r _w�w7 '4b.t • ''.',',. \cf , . , ,, ,. ..,, , ,,,.„.. . „....... .' , ;4, ,,,.. . ... ._, ..,..., ,, .. ... ....,„ . , ., 1 ' ‘.. ., ,. ,. ., .. ., . ,, , , ., c� hEt i,..,, ,-,,A,,,,_„,.-'- - .-s.-.,-,-,:-..-1!.';',1-•,,,,....,, ''-';.:-„,,..,,—,..1.41kNi.-•.,,,:.... , ,,,,,,44.* pa ,. .._ '� ~.a.' ,, d. +" ‘, ' y< ,,n*. -11114164: ' , -fr, , -';'--; '' - --"t. # or -1.,„ . ..., ' ► p ki. �,� • : '''„,,.,4, '04‘4. ''',;,::::,f4:::' -,;,,,i,'' .'':,, ' ';1',:'''''•'4 lik.,:,iI...''' . '''' ' 4,`44'16, r dd i f ` P , t - µ'f. ti ? ,y 4, A b . . .. '''''''''''''''''':'.r''''.-';''-,,,,''',44.''';:,,,:',,,'''./,04.,,'„ '',,,,,,, ..„ ,,,,,..;-' '. , , .,0,.„ --1'1°'' '''''' -,'ll�l .: v L5 � • ,��. •Mlk _. s„+t. _ '•a`.',.' ,.;e�, .. 1,a s sc _h w �ad ,�ka � .;) ',,r,'.. : m . * 0 . v , . ,,,. .am, ;a �*• _s r , �.,,,�F{f. . �+ :. ORDINANCE NO. (0)9549 AN ORDINANCE AMENDING THE TOWN OF ORO VALLEY ZONING MAP TO ESTABLISH TOWN ZONING IN CONFORMANCE WITH PRE- EXISTING PIMA COUNTY ZONING ON REAL PROPERTY, KNOWN AS THE PALISADES PARCEL SPLITS, WHICH WAS ANNEXED INTO THE TOWN OF ORO VALLEY BY ANNEXATION ORDINANCE NO. (0)94-27, AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH WHEREAS, on the 10th day of December, 1994, the Town of Oro Valley, by Ordinance Number(0)94-27, annexed certain real property known as the Palisades Parcel Splits, said property being located approximately 400 feet east of North First Avenue, south of Palisades Road and surrounded on all sides by the Kai property, and is further described by map and legal description in Exhibits "A" and "B" attached hereto, and WHEREAS, the Town of Oro Valley is required by applicable State statute to apply appropriate and comparable Town municipal zoning to the newly annexed area; and WHEREAS, the pre-existing Pima County zoning for said property was SR (Single Family Residential), CR-1 (Single Family Residential) and CR-1 with restrictions (Single Family Residential), and WHEREAS, the Planning and Zoning Commission of the Town of Oro Valley, Arizona has considered at a public hearing the appropriate zoning district to be applied in translation of the area annexed by Ordinance Number (0)94-27, and has made its recommendations known to Town Council: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. That the Zoning Map of the Town of Oro Valley, as adopted by Ordinance Number 5:3, as amended, be and the same is further amended to include all that certain real property as described further in Exhibits "A" and "B" by map and legal description, annexed by Ordinance No. (0)94-27. SECTION 2. That certain real property as further described in Exhibits "A" and "B" attached herewith, known as the Palisades Parcel Splits, which was annexed to the Town of Oro Valley by Town of Ordinance Number (0)94-27 is hereby rezoned from Pima County SR, CR-1 and CR-1 with restrictions to Oro Valley R1-144 (Single Family Residential), R1-36(Single Family Residential)and R1-36 with restrictions(Single Family Residential) and those conditions attached hereto. Said property is specifically as shown on the map and legal description, Exhibits "A" and "B", copies of which are attached hereto and made a part hereof. SECTION 3. That all ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed to the extent of such conflict; SECTION 4. That this ordinance and the various parts thereof are hereby declared to be severable. If any section, sub-section, sentence, clause, word or phrase of this ordinance is, for any reason, held to be unconstitutional, such holdings shall not affect the validity of the remaining portion of this ordinance. SECTION 5. Any person found guilty of violating any provision of this code shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not to exceed one thousand dollars or by imprisonment. Each day that a violation continues shall be a separate offense punishable as described herein. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 27th day of June , 1995 . Cheryl Skals , Mayor • ATTEST: et-trc,itiL Kathryn uvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney EXHIBIT "A" LEGAL DESCRIPTION The Palisades Parcel Splits, being a portion of land in Section 6, Township 12 South, Range 14 East, as recorded in Book 7, Page 83 of the Pima County Book of Maps and Plats, Pima County Recorders Office, Pima County, Arizona: 1. Palisades& 1st Ave Joint Venture, 3.94 acres, S660' OF N705' OF W260' OF E920' OF W 1/4, SW1/4; 2. Duane & Marianne DeLarco, 1.01 acres, N170' OF S615' OF W660' OF NW1/4 OF SW1/4; 3. Mary DeLarco, 2.66 acres, S445' OF E260' OF W660' OF NW1/4 OF SW1/4; 4. Pamela Marvin et al JT/Owners, 1.64 acres, irregular portion of W255' OF E660' OF 270' OF 315' OF NW 1/4 OF SW1/4; 5. Pamela Marvin et al JT/Owners, 1.53 acres, S185' ML N500' OF W330' OF E660' OF NW1/4 OF SW1/4; 6. Barbara Jones, 1.61 acres, W330' of E660' of S660' OF N705' OF NW1/4 OF SW1/4; 7. Larry & Bonnie Flynt, 2.14 acres, N282.5' OF W330' OF S615' OF NW1/4 OF SW1/4; 8. Haskell & Mary Jo Fox, 2.52 acres, W330' OF E660' OF S332.5' OF NW1/4 OF SW1/4; 9. Francine Trotter, 0.22 acres, portion of W75' OF 405' OF S270' OF N315' OF NW1/4 OF SW1/4; 10. Francine Trotter, 3.79 acres, E330' OF W1320' OF S660' OF N705' OF NW 1/+ OF SW1/4, excluding S180' M/L THEREOF; 11. Robert Christy, 1.21 acres, irregular parcel being a portion of S 180' OF N705' OF E330' OF NW1/4 OF SW1/4; and 12. Robert Ziss, 4.66 acres, W330' OF S615' OF NW1/4 OF SW1/4. t • EXHIBIT "B" i J �� \ 1 a 0......./ ‘/1 ' \1 , • • •1 ORtl rAl leT Rl•144 0 �•, • t I . :. di- 4 ' CR:al- . '".--, ij ti V i9 � c,� ;SR t •l' .. 8:::-.4*-4, „. .... I.% MIIA Cut1111T SR 'f �-" J T+ .w. ,' ,ti wj 1e.�� e,^\-17 „ i; 10 .! / Ci t1 t•; lit':.. .r •y / '•.• • V iioRt1 R 1.144 J • t» »• At.r•. h�eyMy•.� •�,•.• '•' �. .i: is .,y ,• _. . qi. ,I,.•01 . KAf/G1P1it `•t a"414tI % ". 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O • , to ewe time m.o..'.it•.1{utr• t © mu,coulltl t>t ..•�•--+�' . ! is ron1T/Mfi riARtT . i1' aa•ttalll RtlI{•flgwl v 70 •••,,, • 1 MA eCyMTY CR•1 R cap VALLEY RI.1/ —. �ti t TO ORO YAUZT R1-34 1r ..r • err. 3 F © r_Fi.[SR PAU1AD,RiSOUTH , {t • Q { 3i to • T: 0 040 YAWS R1.341 n�\ 1; t T . _ I e 1 - • t. 1{ 11 »i ill 1R - I ' - 1 IIM co WIT TO �/a 1 N to owe ruin 1M1•• '• a N » • 1�A COUNTY i KA1/CAPIU I R— t. t c jovtoYALLLTRI.1« • AMA COUNTY CPI t ,Iltt4cee11TT14M SCONS0100I/ :� q '°•• •. TO �, 9 • f O RO VALLEY T-P 1 •\Ne auur s+1"'Ih cetatnowa ms�"'� s is:,..„ 1" Otp 4`+r` • { I 1• T .Vp► . t c........•• )0...................•............4...........•• X . TINA Cowan TR t*E3t*IC3W) j • 7�_ • _ ; N 1 TO QQQ 1 : ORO VALLEY R•+1RL31RKTED) . 1�O ' - I tc •L11e11VCA11ADA DLL am MuffR 1 w t ff11A COMMIT 3R er O4.10 000.040.000, 4rT e�.t•w o.. o..rw R.r.••... a ORO YA U?RI•l44 f •��� IR 0..1.A-14{•.•.... R;4 4 1Wb I..,/•.N.•wr . C. -. C P Y{.1 w•/1.e..er{•r•..... Rai. 11•t1./...••{•i••...r 00.1 •V W 1•••••Rw4w..i ►.A.a /1..r!A.•ew.Mrq 0 14 1.•..Y..d Yw 11•{ N..iiw..T R•.NwJ•1 1■ O Eft Co..1»•MI.•.Y id 1•+0+.Ig1••1♦»4 t A ]I L...\ . 1 ./. • ( ' EXHIBIT "B" I I,.• ittw. ki194_4(s , i 11014:0,—, i . •, , ':.- :DOE ET12SRI3E TI2SR14E \.,.10(..A; 1 • TR . 1 • 'CPI ci) . , ,,,,,.____ i , J. I 3'3 PALI , • : • l i ii . 4 R ,-,„,,, SR 31 2 . ,., 5 10 • 32 `-...,......., 6 R 11 1 - 3 I 1114 - I . . TR 33 7 C 0 • 12 34 L3 0 SR . . ••:. ..• ...,... •,r 8 Ilt S 35 I : I PALISADES PARCEL SPLITS > I i % I 6 i 36 I.. - I re u. 1 : i "°°/' II • KAUCAPRI PROPERTY 39 3$ • 37 CPI i{ 4� I 1 I • / N ft , • ,z I I I 1 i , r ORO VALLEY PLANNING &ZONING DEPARTMENT PLANNING AND ZONING COMMISSION REPORT MEETING DATE: May 24, 1995 TO: Planning and Zoning Commission FROM: Jim Copus, Planner I SUBJECT:OV9-95-27 TRANSLATING ZONING ON THAT PROPERTY RECENTLY ANNEXED INTO THE TOWN OF ORO VALLEY KNOWN AS THE PALISADES PARCEL SPLITS FROM PIMA COUNTY SR, CR-1 AND CR-1 (WITH RESTRICTIONS) TO ORO VALLEY EQUIVALENT ZONING R1-144, R1-36 AND R1-36 (WITH RESTRICTIONS) BACKGROUND: On December 10, 1994, the Town of Oro Valley increased its area by annexing the 4.5 square mile area known as "The Peninsula". Within the annexed area are a number of platted subdivisions, as well as unsubdivided land. The Town is required to change, or "translate", the zoning on the annexed properties from Pima County zoning designations to the closest comparable Oro Valley zoning designation. In accordance with State law, the Town has adopted an ordinance which requires the translation of County zoning to occur by June of 1995. The attached map identifies the location of the Palisades Parcel Splits, which consists of twelve individually owned parcels, ranging in size from .22 acres to 4.66 acres. The subject properties are located approximately 400 feet east of North First Avenue, south of Palisades Road and surrounded on all sides by the Kai property, also on tonight's agenda for translational zoning. There was no pre-annexation agreement negotiated between the property owner(s) and the Town, Exhibit "A", attached herewith, identifies each of the subject properties in relation to the location map, as well as, describing size, current zoning, translational zoning,restrictions and ownership. TRANSLATION: The Town should translate Pima County's: 1.SR(Single Family Residential) zoning on these properties to Oro Valley's closest district, R1-144 (Single Family Residential), which permits one residence per 3.3 acres. All R1-144 District regulations will apply to future development of these parcels. 2.CR-1 (Single Family Residential) zoning on these properties to Oro Valley's closest district, R1-36 (Single Family Residential),which permits one residence per 36,000 square feet. 3.CR-1 (with restrictions) single family residential zoning on these properties to Oro Valley's closest district, R1-36 (with restrictions) single family residential district, which permits one i residence per 36,000 square feet. The restrictions, as outlined in Exhibit "A", restrict further parcel splits or limit the number of times a parcel may be divided and the number of residences allowed per parcel. RECOMMENDATION: Planning Staff recommends approval of the translation of zoning on the Palisades Parcel Splits 12 parcels from Pima County SR, CR-1 and CR-1 (with restrictions)to Oro Valley R I-144, R1-36 and R 1-3 6 (with restrictions) as stipulated in Exhibit "B". SUGGESTED MOTION: I move to recommend approval of OV9-95-27, the translation of zoning on the Palisades Parcel Splits properties, which are located approximately 400 feet east of North First Avenue and south of Palisades Road, from Pima County SR, CR-1 and CR-1 (with restrictions) to Oro Valley RI-144, RI-36 and RI-36 (with restrictions) as stipulated in attached Exhibit "B" and all applicable development standards of the RI-144, RI-36 Zoning Districts shall apply thereto. ATTACHMENTS: 1.Location Map 2.Exhibit "A" 3.Exhibit "B" 9-95-27\tzrept.pz 2 EXHIBIT "A" • • PALISADES PARCEL SPLITS MAP ACRES PIMA ORO RESTRICTIONS OWNERSHIP LOCATION COUNTY VALLEY NUMBER ZONING ZONING 1 3.94 SR R1-144 None Palisades & 1st Ave Joint Venture 2 1.01 CR-1 (C) RI-36 (R) No further parcel splits. Duane&Marianne DeLarco 3 2.66 CR-1 (C) R1-36 (R) No more than two parcels Mary DeLarco with no more than one residence per parcel. 4 1.64 CR-1 RI-36 (R) No further parcel splits. Pamela Marvin et al JT/Owners 5 1.53 CR-1 RI-36 (R) No further parcel splits. Pamela Marvin et al JT/Owners 6 1.61 CR-1 (R) RI-36 (R) No further parcel splits and Barbara Jones no more than the existing one residence. • 7 2.14 CR-1 (R) RI-36 (R) No more than two parcels Larry&Bonnie Flynt with no more than one residence per parcel. 8 2.52 CR-1 (R) RI-36 (R) No more than two parcels Haskell &Mary Jo Fox with no more than one residence per parcel. 9 0.22 CR-1 RI-36 (R) No further parcel splits. Francine Trotter Parcel does not meet the minimum lot size standards. No permits for dwellings will be issued by the Town. • 10 3.79 CR-1 (R) RI-36 (R) No more than two parcels Francine Trotter with no more than one residence per parcel. • 11 1.21 CR-1 (R) R 1-3 6 (R) No further parcel splits and Robert Christy no more than the existing one residence. 12 4.66 SR RI-144 None Robert Ziss 9-95-27\tzrept.pz EXHIBIT "B" PALISADES PARCEL SPLITS TRANSALTIONAL CONDITIONS 1.Palisades& 1st Ave Joint Venture, 3.94 acre parcel from SR to R1-144 with no additional restrictions. 2.Duane&Marianne DeLarco, 1.01 acre parcel from CR-1 (C)to R1-36 (R)with no further parcel splits. 3.Mary DeLarco, 2.66 acre parcel from CR-1 (C) to R1-36 (R) with no more than two parcels with no more than one residence per parcel. 4.Pamela Martin et al JT/Owners, 1.64 acre parcel from CR-1 to R1-36 (R)with no further parcel splits. 5.Pamela Martin et al JT/Owners, 1.53 acre parcel from CR-1 to R1-36 (R)with no further parcel splits. 6.Barbara Jones, 1.61 parcel from CR-1 (R) to R1-36 (R) with no further parcel splits and no more than the existing one residence. 7.Larry & Bonnie Flynt, 2.14 parcel from CR-1 (R) to R1-36 (R) with no more than two parcels with no more than one residence per parcel. 8.Haskell & Mary Jo Fox, 2.52 parcel from CR-1 (R) to R1-36 (R) with no more than two parcels with no more than one residence per parcel. 9.Francine Trotter, 0.22 parcel from CR-1 to R1-36 (R) with no further parcel splits. Parcel does not meet the minimum lot size standards. No permits for dwellings will be issued by the Town. 10.Francine Trotter, 3.79 parcel from CR-1 (R) to R1-36 (R) with no more than two parcels with no more than one residence per parcel. 11.Robert Christy, 1.21 parcel from CR-1 (R) to R1-36 (R) with no further parcel splits and no more than the existing one residence. 12.Robert Ziss,4.66 acre parcel from SR to R1-144 with no additional restrictions. 9-95-27\tzrept.pz A TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: June 27, 1995 TO: HONORABLE MAYOR& COUNCIL FROM:Jim Copus, Planner I SUBJECT:ORDINANCE NO. (0)95- TRANSLATING ZONING ON THE PALISADES PARCELS SPLITS, PIMA COUNTY SR, CR-1 AND CR-1 (WITH RESTRICTIONS) TO ORO VALLEY R1-144, R1-36 AND R1-36 (WITH RESTRICTIONS) (0V9-95-27) SUMMARY: The attached map identifies the location of the Palisades Parcel Splits, which consists of twelve individually owned parcels, ranging in size from .22 acres to 4.66 acres. The subject properties are located approximately 400 feet east of North First Avenue, south of Palisades Road and surrounded on all sides by the Kai property, also on tonight's agenda for translational zoning. There was no pre-annexation agreement negotiated between the property owner(s) and the Town. Exhibit "A", attached herewith, identifies each of the subject properties in relation to the location map, as well as, describing size, current zoning, translational zoning,restrictions and ownership. COMMISSION REVIEW AND ACTION: The Planning and Zoning Commission held a duly noticed public hearing on the Palisades South translational zoning on May 24, 1995 and recommended approval with the following motion: Bill Moody MOVED to recommend approval of OV9-95-27, the translation of zoning for the Palisades Parcel Splits, from Pima County SR, CR-1 and CR-1 (with restrictions) to Oro Valley R1-144, RI-36 and R1-36 (with restrictions) as follows, and all applicable development standards of the R1-144, R1-36 zoning district shall apply thereto: 1.Palisades & 1st Ave Joint Venture, 3.94 acre parcel from SR to RI-144 with no additional restrictions. 2.Duane & Marianne DeLarco, 1.01 acre parcel from CR-1 (C) to R1-36 (R) with no further parcel splits. 3.Mary DeLarco, 2.66 acre parcel from CR-1 (C) to R1-36 (R) with no more than two parcels with no more than one residence per parcel. 4.Pamela Marvin et al JT/Owners, 1.64 acre parcel from CR-1 to R1-36 (R) with no further parcel splits. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 3 5.Pamela Marvin et al JT/Owners, 1.53 acre parcel from CR-1 to R1-36 (R) with no further parcel splits. 6.Barbara Jones, 1.61 parcel from CR-1 (R) to R1-36 (R) with no further parcel splits and no more than the existing one residence. 7.Larry & Bonnie Flynt, 2.14 parcel from CR-1 (R) to R1-36 (R) with no more than two parcels with no more than one residence per parcel. 8.Haskell &Mary Jo Fox, 2.52 parcel from CR-1 (R) to R1-36 (R) with no more than two parcels with no more than one residence per parcel. 9.Francine Trotter, 0.22 parcel from CR-1 to R1-36 (R) with no further parcel splits. Parcel does not meet the minimum lot size standards. No permits for dwellings will be issued by the Town. 10.Francine Trotter, 3.79 parcel from CR-1 (R) to R1-36 (R) with no more than two parcels with no more than one residence per parcel. 11.Robert Christy, 1.21 parcel from CR-1 (R) to R1-36 (R) with no further parcel splits and no more than the existing one residence. 12.Robert Ziss,4.66 acre parcel from SR to R1-144 with no additional restrictions. SECONDED by Bill Adler. CARRIED 4-0. RECOMMENDATION: Planning Staff recommends approval of the translation of zoning for the Palisades Parcel Splits from Pima County SR, CR-1 and CR-1 with restrictions to Oro Valley R1-144 and R1-36 as stipulated in Exhibit "A" and all R1-144 and R1-36 Zoning District regulations shall apply respectively. SUGGESTED MOTION: I move adopt Ordinance No. (0)95- the translation of zoning for Palisades Parcel Splits (0V9-95-27), from Pima County SR, CR-1 and CR-1 with restrictions to Oro Valley R 1-144, R1-36 and R1-36 with restrictions as recommended by the Commission and stipulated in attached Exhibit "A" and all development standards of the R1-144 and R1-36 Zoning District shall apply thereto. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 of 3 ATTACHMENTS: 1.Exhibit "A" Conditions 2.Ordinance No. (0)95- 3.0rdinance Exhibits - Legal and Location Map 4.Planning and Zoning Staff report 5.Excerpt from the P&Z minutes of 5-24-95 Department Head Town Manager \...\ovcases\9-95-27\tzrept.tcc EXHIBIT "A" PALISADES PARCEL SPLITS TRANSALTIONAL CONDITIONS 1.Palisades& 1st Ave Joint Venture, 3.94 acre parcel from SR to R1-144 with no additional restrictions. 2.Duane&Marianne DeLarco, 1.01 acre parcel from CR-1 (C)to R1-36 (R)with no further parcel splits. 3.Mary DeLarco, 2.66 acre parcel from CR-1 (C) to R1-36 (R) with no more than two parcels with no more than one residence per parcel. 4.Pamela Marvin et al JT/Owners, 1.64 acre parcel from CR-1 to R1-36 (R)with no further parcel splits. 5.Pamela Marvin et al JT/Owners, 1.53 acre parcel from CR-1 to R1-36 (R)with no further parcel splits. 6.Barbara Jones, 1.61 parcel from CR-1 (R) to R1-36 (R) with no further parcel splits and no more than the existing one residence. 7.Larry& Bonnie Flynt, 2.14 parcel from CR-1 (R) to R1-36 (R) with no more than two parcels with no more than one residence per parcel. 8.Haskell &Mary Jo Fox, 2.52 parcel from CR-1 (R)to R1-36 (R)with no more than two parcels with no more than one residence per parcel. 9.Francine Trotter, 0.22 parcel from CR-1 to R1-36 (R) with no further parcel splits. Parcel does not meet the minimum lot size standards. No permits for dwellings will be issued by the Town. 10.Francine Trotter, 3.79 parcel from CR-1 (R)to R1-36 (R)with no more than two parcels with no more than one residence per parcel. 11.Robert Christy, 1.21 parcel from CR-1 (R) to R1-36 (R) with no further parcel splits and no more than the existing one residence. 12.Robert Ziss, 4.66 acre parcel from SR to R1-144 with no additional restrictions. ORDINANCE NO. (0)95- AN ORDINANCE AMENDING THE TOWN OF ORO VALLEY ZONING MAP TO ESTABLISH TOWN ZONING IN CONFORMANCE WITH PRE-EXISTING PIMA COUNTY ZONING ON REAL PROPERTY, KNOWN AS THE PALISADES PARCEL SPLITS, WHICH WAS ANNEXED INTO THE TOWN OF ORO VALLEY BY ANNEXATION ORDINANCE NO. (0)94-27, AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH WHEREAS, on the 10th day of December, 1994, the Town of Oro Valley, by Ordinance Number (0)94-27, annexed certain real property known as the Palisades Parcel Splits, said property being located approximately 400 feet east of North First Avenue, south of Palisades Road and surrounded on all sides by the Kai property, and is further described by map and legal description in Exhibits "A" and "B" attached hereto, and WHEREAS, the Town of Oro Valley is required by applicable State statute to apply appropriate and comparable Town municipal zoning to the newly annexed area; and WHEREAS, the pre-existing Pima County zoning for said property was SR (Single Family Residential), CR-1 (Single Family Residential) and CR-1 with restrictions (Single Family Residential), and WHEREAS, the Planning and Zoning Commission of the Town of Oro Valley, Arizona has considered at a public hearing the appropriate zoning district to be applied in translation of the area annexed by Ordinance Number fO)94-27, and has made its recommendations known to Town Council: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. That the Zoning Map of the Town of Oro Valley, as adopted by Ordinance Number 58, as amended, be and the same is further amended to include all that certain real property as described further in Exhibits "A" and "B" by map and legal description, annexed by Ordinance No. (0)94-27. SECTION 2. That certain real property as further described in Exhibits "A" and "B" attached herewith, known as the Palisades Parcel Splits, which was annexed to the Town of Oro Valley by Town of Ordinance Number (0)94-27 is hereby rezoned from Pima County SR, CR-1 and CR-1 with restrictions to Oro Valley R1-144 (Single Family Residential), RI-36 (Single Family Residential) and R1-36 with restrictions (Single Family Residential) and those conditions attached hereto. Said property is specifically as shown on the map and legal description, Exhibits "A" and "B", copies of which are attached hereto and made a part hereof. SECTION 3. That all ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed to the extent of such conflict; SECTION 4. That this ordinance and the various parts thereof are hereby declared to be severable. If any section, sub-section, sentence, clause, word or phrase of this ordinance is, for any reason, held to be unconstitutional, such holdings shall not affect the validity of the remaining portion of this ordinance. SECTION 5. Any person found guilty of violating any provision of this code shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not to exceed one thousand dollars or by imprisonment. Each day that a violation continues shall be a separate offense punishable as described herein. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 27th day of June , 1995 . Cheryl Skalsky, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles,Town Attorney EXHIBIT "A" LEGAL DESCRIPTION The Palisades Parcel Splits, being a portion of land in Section 6, Township 12 South, Range 14 East, as recorded in Book 7, Page 83 of the Pima County Book of Maps and Plats, Pima County Recorders Office, Pima County, Arizona: 1.Palisades& 1st Ave Joint Venture, 3.94 acres, S660'OF N705' OF W260' OF E920' OF W 1/4, SW1/4; 2.Duane& Marianne DeLarco, 1.01 acres,N170' OF S615' OF W660' OF NW1/4 OF SW1/4; 3.Mary DeLarco, 2.66 acres, S445' OF E260'OF W660'OF NW1/4 OF SW1/4; 4.Pamela Marvin et al JT/Owners, 1.64 acres, irregular portion of W255' OF E660' OF 270'OF 315' OF NW1/4 OF SW1/4; 5.Pamela Marvin et al JT/Owners, 1.53 acres, S 185' ML N500' OF W330' OF E660' OF NW1/4 OF SW1/4; 6.Barbara Jones, 1.61 acres, W330' of E660' of S660' OF N705' OF NW1/4 OF SW1/4; 7.Larry & Bonnie Flynt, 2.14 acres, N282.5' OF W330' OF S615' OF NW1/4 OF SW1/4; 8.Haskell & Mary Jo Fox, 2.52 acres, W330' OF E660' OF S332.5' OF NW1/4 OF SW1/4; 9.Francine Trotter, 0.22 acres, portion of W75' OF 405' OF S270' OF N315' OF NW1/4 OF SW1/4; 10.Francine Trotter, 3.79 acres, E330'OF W1320' OF S660'OF N705' OF NW1/4 OF SW1/4, excluding S 180'M/L THEREOF; 11.Robert Christy, 1.21 acres, irregular parcel being a portion of S 180' OF N705' OF E330'OF NW1/4 OF SW1/4; and 12.Robert Ziss, 4.66 acres,W330' OF S615' OF NW1/4 OF SW1/4. PALISADES PARCEL SPLITS TRANSALTIONAL CONDITIONS 1.Palisades & 1st Ave Joint Venture, 3.94 acre parcel from SR to R1-144 with no additional restrictions. 2.Duane & Marianne DeLarco, 1.01 acre parcel from CR-1 (C) to R1-36 (R) with no further parcel splits. 3.Mary DeLarco, 2.66 acre parcel from CR-1 (C)to R1-36 (R) with no more than two parcels with no more than one residence per parcel. 4.Pamela Marvin et al JT/Owners, 1.64 acre parcel from CR-1 to R1-36 (R) with no further parcel splits. 5.Pamela Marvin et al JT/Owners, 1.53 acre parcel from CR-1 to R1-36 (R) with no further parcel splits. 6.Barbara Jones, 1.61 parcel from CR-1 (R) to R1-36 (R) with no further parcel splits and no more than the existing one residence. 7.Larry & Bonnie Flynt, 2.14 parcel from CR-1 (R) to R1-36 (R) with no more than two parcels with no more than one residence per parcel. 8.Haskell &Mary Jo Fox, 2.52 parcel from CR-1 (R)to R1-36 (R) with no more than two parcels with no more than one residence per parcel. 9.Francine Trotter, 0.22 parcel from CR-1 to R 1-36 (R) with no further parcel splits. Parcel does not meet the minimum lot size standards. No permits for dwellings will be issued by the Town. 10.Francine Trotter, 3.79 parcel from CR-1 (R) to R1-36 (R) with no more than two parcels with no more than one residence per parcel. 11.Robert Christy, 1.21 parcel from CR-1 (R) to R1-36 (R) with no further parcel splits and no more than the existing one residence. 12.Robert Ziss, 4.66 acre parcel from SR to R1-144 with no additional restrictions. I, CONTINUED PUBLIC HEARING - OV9-95-27 TRANSLATING ZONING OF THAT PROPERTY RECENTLY ANNEXED INTO THE TOWN OF ORO VALLEY KNOWN AS PALISADES PARCEL SPLITS FROM PIMA COUNTY SR, CR-1 AND CR-1 (WITH RESTRICTIONS) TO ORO VALLEY R1-144,R1-36 AND R1-36 (WITH RESTRICTIONS) Don Chatfield introduced the staff report into the record and explained that this case consists of twelve individually owned parcels, ranging in size from .22 acres to 4.66 acres. Staff recommends the Town translate these parcels as follows: 1)SR zoning on these properties to Oro Valley's closest district, R 1-144, which permits one residence per 3.3 acres. All R 1-144 District regulations will apply to future development of these parcels. 2)CR-1 zoning on these properties to Oro Valley's closest district, R1-36, which permits one residence per 36,000 square feet. 3)CR-1 (with restrictions) on these properties to Oro Valley's closest district, R1-36 (with restrictions), which permits one residence per 36,000 square feet. The restrictions restrict further parcel splits or limit the number of times a parcel may be divided and the number of residences allowed per parcel. PUBLIC HEARING OPENED Opponents/Proponents: No one from the public wished to comment at this time. PUBLIC HEARING CLOSED Bill Adler asked staff if the restriction would prohibit the property owners from further subdividing these parcels. Don Chatfield replied that under the unrestricted CR-1, if enough property was available to meet the requirements, they could indeed further subdivide the parcels. However, the other districts have had restrictions placed on them that won't allow any splits to occur. MOTION: Moved, seconded (Moody/Adler) and carried by a 4-0 vote (Cluff/Rothenbuecher/Seipelt - absent) to recommend approval of Ov9-95-27, the translation of zoning on the Palisades Parcel Splits properties, from Pima County SR, CR-1 and CR-1 (with restrictions) to Oro Valley R1-144, R1-36 and R1-36 (with restrictions) as follows, and all applicable development standards of the R1-144,R1-36 Zoning Districts shall apply thereto: 1)Palisades & 1st Avenue Joint Venture, 3.94 acre parcel from SR to R1-144 with no additional restrictions. 2)Duane & Marianne DeLarco, 1.01 acre parcel from CR-1 (C) to R1-36 (R) with no further parcel splits. 3)Mary DeLarco, 2.66 acre parcel from CR-1 (C) to R1-36 (R)with no more than two parcels, and no more than one residence per acre. 4)Pamela Marvin et al JT/Owners, 1.64 acre parcel from CR-1 to R1-36 (R) with no further parcel splits. 5)Pamela Marvin et al JT/Owners, 1.53 acre parcel from CR-1 to R1-36 (R) with no further parcel splits. 6)Barbara Jones, 1.61 parcel from CR-1 (R) to R1-36 (R) with no further parcel splits and no more than the existing one residence. 7)Larry & Bonnie Flynt, 2.14 parcel from CR-1 (R) to R1-36 (R) with no more than two parcels, and no more than one residence per parcel. 8)Haskell & Mary Jo Fox, 2.52 parcel from CR-1 (R) to R1-36 (R) with no more than two parcels, and no more than one residence per parcel. 9)Francine Trotter, 0.22 parcel from CR-1 to R1-36 (R) with no further parcel splits. Parcel l does not meet the minimum lot size standards. No permits for dwellings will be issued by the Town. 10)Francine Trotter, 3.79 parcel from CR-1 (R) to R1-36 (R) with no more than two parcels with no more than one residence per parcel. 11)Robert Christy, 1.21 parcel from CR-1 (R) to R1-36 (R) with no further parcel splits and no more than the existing one residence. 12)Robert Ziss,4.66 acre parcel from SR to R1-144 with no additional restrictions. r TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: February 7, 1996 TO: HONORABLE MAYOR& COUNCIL FROM:Linda Frew, Planner I SUBJECT:Adopting Ordinance No. (0)96- , Correcting Translational Zoning on That Property Known as the Palisades Parcel Splits (OV9-95-27) Pima County SR to Oro Valley R1-144, Pima County CR-1 to Oro Valley R1-36 and Pima County CR-1 to Oro Valley RI-36 (with Restrictions) BACKGROUND: On December 10, 1994, the Town of Oro Valley annexed twelve small parcels, ranging in size from approximately .22 up to approximately 4.5 acres in size. The properties lie approximately 300 feet east of North First Avenue and abut Palisades Road on the north. On June 27, 1995, the Town Council,upon recommendation from the Planning and Zoning Commission, made a straight translation on the parcels outlined to Oro Valley's RI-36 (one house per 36,000 square feet), some with restrictions, and R1-144 (one house per 144,000 square feet). SUMMARY: The Town Council has established a policy to not withhold any property rights enjoyed by persons/properties annexed into the Town. Unfortunately, the translational zoning for Palisades Parcel Splits did not address, and therefore removed or restricted,horse privileges for the property owners in that area. (R1-36 does not permit horses at all, R1-144 permits one per 30,000 square feet of lot area, instead of Pima County's one per 10,000 square feet.) In an effort to correct this, Planning Staff initiated with the P&Z Commission a request to amend the translational zoning ordinance to permit horses/livestock on those properties formerly zoned Pima County CR-1 and SR, to allow one head of livestock per 10,000 square feet of lot area, consistent with Pima County's regulations. PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning Commission considered this matter on January 4, 1996 (see attached excerpt from minutes) and made the following motion: MOTION: Moved, seconded (Adler/Davis) and carried by a 6-0 vote (Moody - absent) to recommend approval of an amendment to Ordinance (0)95-49, affixing Pima County standards regarding horses/livestock on those 11 parcels, known as the Palisades Parcel Splits properties, recently rezoned from Pima County SR and CR-1 to Oro Valley R1-144 and R1-36. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 RECOMMENDATION: In keeping with the Council's established policy to not take away rights and privileges of residents/properties annexed by the Town, and with the P&Z Commission's recommendation on this matter, Planning Staff recommends approval of the attached ordinance correcting the translational zoning for the Palisades Parcel Splits translational zoning by permitting one horse, or head of livestock, per 10,000 square feet of lot area on any lot which exceeds 36,000 square feet in size. In response to a suggestion from the Town's Zoning Inspector, Staff also requests that it be stipulated in the ordinance that the animals permitted on the property must be housed/stabled in accordance with Pima County's standards, which appear to be more restrictive than our own in terms of setbacks for arenas, corrals and barns from property line. The attached ordinance includes this added change. SUGGESTED MOTION: I move to adopt Ordinance No. (0)96- , correcting the translational zoning for the Palisades Parcel Splits (OV9-95-27)by permitting horses/livestock on the property, one head per 10,000 square feet of lot area, on all lots over 36,000 square feet in size. Said livestock must be housed/corralled in accordance with the setback requirements set forth under Pima County's Zoning Code. OR I move to adopt Ordinance No. (0)96- , correcting the translational zoning for the Palisades Parcel Splits (OV9-95-27)by permitting horses/livestock on the property, one head per 10,000 square feet of lot area, on all lots over 36,000 square feet in size. Said livestock must be housed/corralled in accordance with the setback requirements set forth under Pima County's Zoning Code, and the following added conditions: OR I move to deny Ordinance No. (0)96- , finding that: _ ATTACHMENTS: 1.Ordinance No. (0)96- with Location Map 2.Excerpt from P&Z Commission Minutes of 1-4-96 Department Head Town Manager 9-95-27\corrtz.tcc ORDINANCE NO. (0) 96-07 AN ORDINANCE AMENDING PREVIOUSLY ADOPTED ON JUNE 27, 1995, ORDINANCE NO. (0) 95-49, WHICH AMENDED THE TOWN OF ORO VALLEY ZONING MAP TO ESTABLISH TOWN ZONING IN CONFORMANCE WITH PRE-EXISTING PIMA COUNTY ZONING ON REAL PROPERTY, KNOWN AS THE PALISADES PARCEL SPLITS, AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH WHEREAS, on the 27th day of June, 1995, the Town of Oro Valley, by Ordinance Number (0) 95-49, translated zoning on that property known as the Palisades Parcel Splits, further described in Exhibit "A" attached herewith, from Pima County CR-1 and SR to Oro Valley R1-36, R1-36 (Restricted) and R1-144, and WHEREAS, the Town of Oro Valley now desires to correct said translation by permitting the housing of livestock, in accordance with the property rights formerly enjoyed when the property was within Pima County' s jurisdiction, and WHEREAS, the Planning and Zoning Commission of the Town of Oro Valley, Arizona has considered at a public hearing the proposed correction to allow horse privileges in the Palisades -Parcel Splits, and has made its recommendations known to Town Council : NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. That all properties within that area known as the Palisades Parcel Splits, which exceed 36, 000 square feet in size, may be permitted to have one head of cattle, horses, sheep, goats or other similar animals, more than six months of age, per 10, 000 square feet of lot area, excluding swine. SECTION 2. Said animals must be kept in stock-tight fences, in an area no less than 400 square feet per animal. Such fenced in area (s) shall be set back 40 feet from side and rear property lines and, in no case, shall a corral, barn or arena be located closer than 50 feet to a residence or living quarters on any abutting property. SECTION 3 . That all ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed to the extent of such conflict; SECTION 4 . That this ordinance and the various parts thereof are hereby declared to be severable. If any section, sub-section, sentence, clause, word or, phrase of this ordinance is, for any reason, held to be unconstitutional, such holdings shall not affect the validity of the remaining portion of this ordinance. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 7th day of February , 1996 Cheryl Sk sky, Mayor ATTEST: /4 4-1 Ci• Kathryn uvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, wn Attorney Posted 2/16/96 - 3/17/96 sc Exhibits to this ordinance are on file at the Town Clerk's office EXHIBIT "A" LEGAL DESCRIPTION The Palisades Parcel Splits, being a portion of land in Section 6, Township 12 South, Range 14 East, as recorded in Book 7, Page 83 of the Pima County Book of Maps and Plats, Pima County Recorders Office, Pima County, Arizona: 1. Palisades & 1st Ave Joint Venture, 3 . 94 acres, S660' OF N705' OF W260° OF E920' OF W1/4, SW1/4; 2. Duane & Marianne DeLarco, 1. 01 acres, N170' OF S615' OF W660' OF NW1/4 OF SW1/4; 3 . Mary DeLarco, 2. 66 acres, S445' OF E260' OF W660' OF NW1/4 OF SW1/4; 4 . Pamela Marvin et al JT/Owners, 1. 64 acres, irregular portion of W255' OF E660' OF 270' OF 315' OF NW1/4 OF SW1/4; 5 . Pamela Marvin et al JT/Owners, 1 .53 acres, S185' ML N500' OF W330' OF E660' OF NWl/4 OF SW1/4; 6 . Barbara Jones, 1. 61 acres, W330' of E660' of S660' OF N705' OF NW1/4 OF SW1/4; 7. Larry & Bonnie Flynt, 2 .14 acres, N282 .5' OF W330' OF S615' OF NW1/4 OF SW1/4; 8 . Haskell & Mary Jo Fox, 2 .52 acres, W330' OF E660' OF S332 .5' OF NW1/4 OF SW1/4; 9. Francine Trotter, 0 .22 acres, portion of W75' OF 405' OF S270.' OF N315' OF NW1/4 OF SW1/4; 10 . Francine Trotter, 3 .79 acres, E330' OF W1320' OF S660' OF N705' OF NW1/4 OF SW1/4, excluding S180' M/L THEREOF; 11. Robert Christy, 1.21 acres, irregular parcel being a portion of S180' OF N705' OF E330' OF NW1/4 OF SW1/4; and 12 . Robert Ziss, 4 .66 acres, W330' OF S615' OF NW1/4 OF SW1/4 . qR/ QO " O,` © u SOUNDED A91� Town of Oro Valley Development and Infrastructure Services October 9, 2015 Francine Trotter 830 E. Palisades Rd. Oro Valley, AZ 85737 Sent via email: frantrotter@msn.com Re: Variance Request- Detached garage in front of residence 830 E. Palisade Rd. First Review, OV1501314 Dear Francine and Brandon, Thank you for submitting the above-referenced variance application. This letter is a follow up to our meeting on Friday October 2, 2015. Based upon the site visit and our discussion the following items are needed to continue through the process. 1. Changes to the site plan are as follows: a. Updated site plan showing the correct location of the garage b. Setbacks to "front" property line. c. You may also wish to show setback to Palisade Road. 2. Document granting the easement to the property south of your location. Please resubmit six (6) copies of the above materials. Once these items are received the application can be scheduled before the Board of Adjustment. As always, if you have any questions or concerns do not hesitate to contact me at your convenience. Best regards, Sincerely, Robert Kirschmann Planner Town of Oro Valley 520.229.4836 rkirschmann(a�oroval leyaz.gov Cc: File Oro Valley, it's in our nature. 11000 N. La Canada Drive, Oro Valley,Arizona 85737 www.orovalleyaz.gov I phone:(520) 229-4800 I fax:(520)742-1022 - 1. 18.21.010 Chapter 18.21 Ord. 1985-153 § 1 (part), 1985;Ord. 1985-82(part), 1985) CR-1 SINGLE RESIDENCE ZONE 18.21.020 Conditional uses. Sections: A. Uses conditionally permitted: 18.21.010 Permitted uses. 1. Club or lodge: In accordance with Section 18.21.020 Conditional uses. 18.17.030C2(SR Suburban Ranch Zone); 18.21.030 Development standards— 2. Raising of ratites in accordance with Type 1 pro- General. cedure subject to the following restrictions and 18.21.040 Development standards— requirements: Detached accessory buildings. a. Minimum lot area: One acre 18.21.050 Cluster development option. b. No more than one ostrich over fourteen months 18.21.060 Lot reduction option. of age for each ten thousand square feet of site area, or more than one emu or other ratite over fourteen 18.21.010 Permitted uses. months of age for each five thousand square feet of A. Uses permitted: 1. All uses as permitted in Section 18.09.020A (General Residential and Rural Zoning Provisions); 2. Temporary trailer or manufactured home: In accordance with Section 18.17.020A2(SR Suburban Ranch Zone); 3. Agriculture or horticulture: a. Used only for the purpose of propagation and culture and not for retail sales,including any number of poultry, rabbits, and similar small animals, b. On lots of not less than thirty-six thousand square feet not more than one head of cattle, horses, sheep, goats, or other similar animals more than six months of age per ten thousand square feet of lot area,excluding swine; 4. College or governmental structure: In accor- dance with Section 18.17.03006 (SR Suburban Ranch Zone); 5. Community service agency: In accordance with Section 18.17.03007 (SR Suburban Ranch Zone); 6. Library: In accordance with Section 18.17.030B1 (SR Suburban Ranch Zone); 7. Playground or athletic field: In accordance with Section 18.17.030B2 (SR Suburban Ranch Zone); 8. Temporary real estate office:In accordance with Section 18.17.020A8 (SR Suburban Ranch Zone); 9. Museum: In accordance with Section 18.17.030D2 (SR Suburban Ranch Zone). (Ord. 1998-36 § 8, 1998; Ord. 1986-125 § 1 (part), 1986; 18-50.9 (Pima County 7-98) 18.21.030 site area, or if more than one type of ratite is kept, a 18.21.040 Development standards—Detached prorated combination of the area required for each accessory buildings. animal. Two ratites six to fourteen months of age A. Permitted coverage: One-third of the total area of may be substituted for each ratite over fourteen the rear and side yards. months of age, B. Maximum height: Twenty-four feet. c. Maximum lot coverage by ratite corrals and C. Minimum distance requirements: shelter structures within corrals: Thirty percent, 1. To main buildings: Seven feet; d. Animals shall be confined within minimum 2. To front lot.line: Sixty feet; six-foot-high, stock-tight corrals. No material shall 3. To side and rear lot lines: be permitted that is not ordinarily used for a stock- a. Four feet if building is not used for poultry or tight fence. Ostrich corrals shall be surrounded by a animals, minimum six-foot-high, stock-tight fence or other b. Fifty feet if building is used for poultry or ani- restraint of sufficient strength and durability to pre- mals, vent ratites from roaming at large as provided in Sec- c. All horses,cattle, sheep,goats, or other similar tion 18.07.030B, animals must be confined within a stock-tight fence e. Minimum setbacks for ratite corrals and shelter (no material shall be permitted not ordinarily used structures within corrals: Thirty feet from the front for a stock-tight fence) in an area of no less than four property line and ten feet from side and rear property hundred square feet per animal. Such fenced-in area lines; but in no event shall a corral or shelter within shall be set back ten feet from the rear where it abuts a corral be closer than thirty feet to any residence or an IR,RH,GR-1,SR,SR-2, SH,CR-1,CR-2,or MU living quarters on an abutting property; zone and forty feet from the rear where it abuts a 3. Community stable: In accordance with Section zone other than GR-1,RH, IR, SR, SR-2, SH,CR-1, 18.17.030C4 (SR Suburban Ranch Zone). (Ord. CR-2, or MU, and forty feet from a side property 1994-146 § 6, 1994; Ord. 1986-125 § 1 (part), 1986; line. A setback of ten feet shall be permitted on the Ord. 1985-82(part), 1985) side yard where the adjacent property owners have a written recorded agreement to this effect, but, in no 18.21.030 Development standards—General. event, shall a corral be closer than fifty feet to any A. Minimum lot area: Thirty-six thousand square residence or living quarters in an abutting property. feet. (Ord. 1994-147 § 6, 1994; Ord. 1985-187 § 1 (part), B. Minimum area per dwelling unit: Thirty-six 1985; Ord. 1985-82(part), 1985) thousand square feet. C. Minimum lot width: One hundred feet. 18.21.050 Cluster development option. D. Minimum yard requirements: A. This option shall be permitted only for subdi- 1. Front: Thirty feet; vided residential lots as allowed in this chapter, and 2. Side: Ten feet each; their associated open space, in accordance with Sec- 3. Rear: Forty feet. tion 18.09.040 (General Residential and Rural Zon- E. Building height limitations: ing Provisions). (Ord. 1985-111 § 1 (part), 1985; 1. Maximum height: Thirty-four feet; Ord. 1985-82 (part), 1985) 2. Maximum stories: Two. F. Minimum distance between main buildings: 18.21.060 Lot reduction option. Twenty feet, except as required in Section A. Refer also to Section 18.09.050 (General Resi- 18.09.020D (General Residential and Rural Zoning dential and Rural Zoning Provisions)for the general Provisions)for a rear dwelling. (Ord. 1985-82(part), provisions of the lot reduction option. 1985) 1 8-51 (Pima County 8-96) 18.23.010 B. Minimum lot size requirements for lots in a CR- B. Minimum area per dwelling unit: Sixteen thou- 1 subdivision may be approved by the board of sand square feet. supervisors for reduction from thirty-six thousand C. Minimum lot width: Eighty feet. square feet to twenty-four thousand square feet in D. Minimum yard requirements: accordance with Section 18.09.050;provided,that in 1. Front: Thirty feet; total there are no more individual one-family lots 2. Side: Ten feet each; than one lot per gross acre of the area of the subdivi- 3. Rear: Forty feet. sion zoned CR-1. (Ord. 1985-82 (part), 1985) E. Building height limitations: 1. Maximum height: Thirty-four feet; 2. Maximum stories: Two. Chapter 18.23 F. Minimum distance between main buildings: Twenty feet except as required in Section CR-2 SINGLE RESIDENCE ZONE 18.09.020D (General Residential and Rural Sections: 18.23.010 Permitted uses. 18.23.020 Conditional uses. 18.23.030 Development standards— General. 18.23.040 Development standards— Detached accessory buildings. 18.23.050 Cluster development option. 18.23.060 Lot reduction option. 18.23.070 Lot development option. 18.23.010 Permitted uses. A. Uses permitted: 1. Any use as permitted in Section 18.21.010(CR- 1 Single Residence Zone), but horses, cattle, sheep or goats shall not be kept on less than one commer- cial acre and not more than one such animal for each ten thousand square feet of lot area. (Ord. 1985-82 (part), 1985) 18.23.020 Conditional uses. A. Uses conditionally permitted: 1. Any use as conditionally permitted in Section 18.21.020(CR-1 Single Residence Zone),except the raising of ratites is not permitted. (Ord. 1994-146 § 7, 1994: Ord. 1985-82 (part), 1985) 18.23.030 Development standards—General. A. Minimum lot area: Sixteen thousand square feet. (Pima County 8-96) 18-52 ‘ / „^:w fig 1 / 4. �r y % `"° as } Nk." ,/ ,.. „:....,..0„:„.„,.......„.. .7.4„....., .„.•:....;!:,..,.,,,..„..,...:7....+„,...:‘,..... . ......... :„..,... •...,.... ...e. ,..,,,,:,....,......,.. ...._:...." 4.7::- .... .cc " "t / a`,\: t / • 1 y , f , `, t i"may �, ` \of o f a' 77:ii:z.-T- ,-,--,--:,______ ' -,A•••••'• -:,.:',.',L .',..:,,": , „..\_______,,;,te_ _ . . ii4.: ., ,.„.i ,,,i .,..,,,,, /40 . . c.H.,•,:..0.!!!#,Et•-,„.„.„..: •,„ �ti �� "mow m I y .‘,„: ...,•,,. . „,,, „ ! /. 1 "�, i / / ....H.:....;H-.....„,,,,, :-,4:: ''''••••:'•'I•,,2...:4'.: , �oaf- \ .. / _.•,..-: < a - jI , .. #ti ----'''. ,''''''',...' --, \' .110:** -:/ if' OTH` i\ -. .' - ':.•-•';'"''''''''' --------2N.N-,,,,, --- '''. ,..„...." ilk •� • v'', • � . 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' 'w�„ "a ° i,,d 4'..•''. * t"I'k ite0 tOlit I " ' ., " f. iWn , �� `j, ��, , M. &✓., . , ';. a s 1_ C a _J (] • BOOK PAGE �l y.� CALCSO.ATED POSITION GENERAL NOTES C) CENTER SECTION LINE 1320.TCY(C)(R) N'` �----- I278.83'(L) r N, ARgSS CAP S 69.22'37'E(BASIS) S 89.22'S2'E(C) 1. BASIS OF BEAR IhYu W 1/4 CAR. SEC. 6 S 834� PALISADES ROAD ROAD 1 ACP SINNER'CITY OF TUCSON H PLS CCN 1/4'ACCEPTED AS CENTER THE NORTH LINE OF THE S.V. QUARTER 0=SECTION 6, T-12-S.R-14-E. I/4 Cat BY THIS SURVEY. FOUND BETWEEN FOUND NONU"ENTS, BASED ON GEODETIC NORTH FROM OBSERVATIONS CD p -�°' BRASS CAP STAMPED'RCS 14975 WITH A SOKKIA GSR2700 IS SYSTEM. SAID BEARING BEING S 89.22'37'E. - CU C 35235 CEN 1/4'7.10'EASTERLY 2. THE LEGAL DESCRIPTIONS FOR THE SUBJECT PARCELS CONTAINED IN THE DEEDS 0. CITED BELOW DO NOT ACCURATELY DESCRIBE THE PARCEL NOTED ON THE SURVEY AS ASSESSOR'S PARCEL Na. 220-06-01IA THE CORRECTIONS NOTED BELOW ARE SUGGESTIONS BY TMf SURVEYOR TO REMEDY THIS PROBLEM AND AS SUCH OR NOT CARRY RAY LEGAL VEIGMT UNTIL SUCH-TIME AS NEW LEGAL DESCRIPTIONS ARE WRITTEN AND RECORDED VITH THE PIMA COUNTY RECORDER'S OFFICE. THE LEGAL DESCRIPTION FOR ASSESSOR'S PARCEL 220-06-011A IS FROM THE 629 DEED RECORDED IN DOCKET 12025,PAGE 2065. THE LEGAL DESCRIPTION FOR ASSESSOR'S PARCEL 220-06-011B IS FROM,THE DEED RECORDED IN DOCKET LEGEND CIN 1229o,PAGE 1799, THESE PARCELS WERE CREATED FROM A PARCEL RECORDED oo o iN DOCKET 4209 AT PAGE 174, THE LEGAL DESCRIPTIONS FOR THE FiRST TVO (R) RECORD PER DEERS FOR SUBJECT PARCELS(SEE NOTE 2) / FOUND 1/2'R8 CRLS 122141 ,�, PARCELS NOTED ABOVE CONTAIN NUMEROUS ERROtS,TO W. FOUND 3/4'FORMING PIN o$ I)THE OPENING LINES Of BOTH DEEDS REFER TO THE NORTHWEST QUARTER OF (RID PLATS OF TANGERINE MEADOWS OK 26,PG 59 L BK 26,PG 21) . • THE SOUTHVEST OUARTER OF SECTION 6 THIS LANGUAGE DOES NOT EXIST IN 332,87•(C)332.81'(R2) �� VHICTHE N IS D A FETES PARENT DESCRI ON THAARCEL N DOES NOTED IN TREQUIRE ANY PAGE ALIQUOT (R2) )GODS FOR ADJOINING➢ARC1S �'29.57•E CQ • BREAKDOWN OF THE SOUTHWEST QUARTER OF SECTION 6 THIS LINE CALCVLATED PARALLEL (C) CALCULATED FROM FIELD NEASLQEMENTSVITH THE VEST LINE OF TIE S.V. 2)THE LEGAL DESCRIPTIONS IN THE TWO DEEDS FOR THE SUBJECT PARCELS .. C.3 1/4 OF SEC.6 PER ALL THE DEEDS ',7., � IN THIS AREA. EMPLOY THE SAME CALLS. BOTH))GODS DON'T CLOSE BY A 83 FEET. ThE 46 SET 1/2'REBAR TAGGED RLS 45363 9 CALL IN THE DEEDS THAT REFERS TO THE NORTH LINE OF ASSESSOR'PARCEL FOUND AND ACCEPTED 1/2'RB _-: O dy Na 220-06-OIIA IS PER 150.01 FEET. ONE OF THE TWO REQUIRED CHANGES O FOUND AS NOTED TAGGED LS 4680-PIN IS 0.07 o WAIL ENCROACHING ONTO SUBJECT -g NECESSARY TO MAKE THE DESCRIPTIONS CLOSE IS TO CHANGE THIS DISTANCE NORTH AND O.12'EAST OF RECORD m$ WALL -O C'AT VEST CORNER "ti TO 147.97 FEET,AS SHOWN ON THE SURVEY. 17 ASSESSOR'S PARCEL Na (PREFIX 220-06) POSITION CALCULATED FROM DEEDS, '^ PPARE.6'AT'EAST ER 3)THE CALL IN 80TH DEEDS FOR THE WEST LINE OF ASSESSOR'S PARCEL km HOLDING ALIQUOT LINES AS SHOWN. g 220-C6-0118 IS FOR A BEARING THAT IS 10 MINUTES GUT OF PARALLEL VITH V"' SET(/2'RB(RLS 45363)AT RECORD POSITION THE EAST LINE OF THE PARENT PARCEL DESCRIBED IN DOCKET 4209,PAGE - • .. -) RELATIVE TO THE CALCULATED POINT SHORN ON 174. PER THE LEGAL DESCRI➢TIO9 or THE PARENT PARCEL THESE TWO LINES 329.88'(C)330.00'(R) THE CENTER SECTION LINE ON PALISADES RA SHOULD BE PARALLEL.THIS IS THE SECOND REQUIRED CHANGE TO THE LEGAL S 89'21'53'E(C) PER DOCKET 4209,PAGE 174(SEE NOTE 2). DESCRIPTIONS NECESSARY TO MAKE THEM CLOSE. a S 89.14•t7•E(R) FORND 1/2'RI:LS 11373>2.88'SOUTH t -y Ck1 0.59'EAST. 3. ONLY SELECTED EASEMENTS ARE SHORN ON THE SURVEY. OTHER EASEMENTS Or a.u 990.09'(C)990'./-(R) RECORD NAY OR MAY NOT EXIST. TO SECTION LUTE ASSESSOR'S PARCEL Na 220-06-011B i,EV DOCKET 12290 PAGE 1799 4. THE LEGAL DESCRIPTION FOR THE EASEMENT RECORDED IN DOCKET 6743 AT ^', WIRE FENCE RUNNING 11388 N. 1ST AS. (SEE NOTE 2) :''''.5 PAGE 567 DOES NOT fANFORM TO THE LEGAL DESCRIPTION FOR THE SUBJECT11 �oOVERIFOOTVEST OFPARCEL EXACTLY. THE PLOTTED EASEMENT REFLECTS THE APPARENT INTENTm PREIPERTY LINE (SEE N➢7C 2) OF THE CfSCRIPTIOEEr) N 89.19'47'VCR) - STHE AREA OF THE COMBINEDPARCELSIS 4,66 ACRES,MORE OR LESSTH EFOUN `� N 89.29'44'V(C) AREACF ASSESSOR'S PARCEL No.220-C6-01IA 1S 2.46ACRES,YORE ORLESS.��(R • 7J C S SET 1/2'RB(RLS 45363)Ai RECORD POSITIONTHE AREA Of ASSESSOR'S PARCEL Na 220-06-071B IS 2.20 ACRES,"ORE 'HOSE ANDACCEPTED 1/YRB � � RELATIVE iO THE PROPERTY CORNER TO THE MORE OR LESS. THESE AREAS ARE BASED ON THE CORRECTIONS NOTED IN iAGGEO RLS 12214 1 W " SOUTHEAST IF THIS CORNER. FOUND(/2'RB NOTE 2 ABOVE AND REFLECT THE PARCELS AS CONFIGURED BY THIS SURVEY. (RLS 12214)2.26'SOUTH L 1.99'EAST. END OT NORTH FENCE ,. ,` 6A b•_ <, (SEE VOTE 2). 6. THIS SURVEY IS NOT INTENDED TO FIN THE BOLNDARIES OF ANY PARCELS �a - P / B OTHER THAN THE SUMAC'PARCELS. 1 N - 60T GAP IN FENCC� $�� ,�QI /,° LINE vU' 7, CULTURE SOON IS 601 INTENDED TO BE CCR PISTE. 9- -7a, 00 1G oO INCH LINE �. oo• a AA ONc g9W94p��� m o$ $ ri>,ncNdd.`..t:.�LiSA/'t dzz P�� 44.57'23•(MO 4.0, 70 THE LINE 9ENVEEN THE VEST 1/4 CDR.Cr SEC. 6 AND VIBE FENCE RUNNING BETWEEN .U'ASSESSOR'S PARCEL Na 220-06-ONTO a�(Y NYc r ,. SET 1/2'RB(RLS 45363)AT RECORD POSITION ,cq,.,c T gIS(1GEV7 ^m el / THE S.C. CAR, Q SEC. I WAS HELD AS THE VEST LINE 5 INCHES EAST OF AND 6 INCHES 'M DOCKET 12025 PAGE 2065 ut.._ZII cg�/ // RELATIVE TO THE N.E. CORNER OF THE PARCEL OF THE S,V. 1/4 O SEC.6. THE COUNTY ROAD NAP vEST OF PROPERTY LINE '-�'�= 11330 N )Si AV.(SEE NOTE 2) sw„Dwri,,,. (BOOK 7 PAGE 83)AND OTHER SURVEYS SHOW THIS a DESCRIBED IN DOCKET 4209 AT PAGE 174. c,.,ry.T Pim.SS1..„.'DN=oaj CONF1GURATiON AND THIS FITS 7HE TIES TO THE romp mo$ ". FOUND 1/2'RB(LS 11373)3.23'SOUTH t 033' O ke1`.cei4G eb•r the buffo- ' PROPERTY CC.RNERS ON THE VEST MOST TINE[ THE 10A Mw.n �N EAST. oral,�'r. few el SUBJECT PARCELS. . :u- D.1.S.03e5IAcr ''I 7O64 DIRT ROAD ACCESS TO ASSESSOR'S TRANSFORMER AND o Time ,t.C 'a`1 PARCEL Na 220-06-011A 1S NOT TELEPHONE RISER ,Beek ]� reit 1.,S Y WV."i'Ae e°:n,4OIT,I.1S..1 IN INGRESS/EGRESS EASEMENT HERE 4. P.AMN AODRIGEY(C,..7 R,c,NMT 990.08'(C)990+/-(R) H LINE CALCULATED h nVwJY.I„1�°SinW�n� TO SECTION LINE PARALLEL VITH CENTER .,,'> IbIS SEC LINE PER DEED j. ACCESS TO 1 SEAH`"TR4OA N 1 EENDS��T REST MC OF ASSEsseR'SPARCC220-06OIfA G'ELEG t COMM ESMT� 1/2'RB(RLS 45363)Ai RECORD POSITION0329.88<C) • LIKT 6743 PG 567(SEE NOTE 4) 2SEI RELATIVE TO THE N.E. CORIfR OF TIE PARCEL FOUND I/O'RB N 69'23'S8'V CO 269.89'(C)270.00'(R1 RECORDED IN DOCKET 4209 AT PACE 174, FOUND TAGGED LS 4680 N 89.22'37'V(C) 60d NAIL 0 II'NORTH It 0.03'VEST. FOUND 0 0 120 180 FOUND AND ACCEPTED BENT 1/2'RB, SET 1/Y RB(RLS 45363)AT RECLYRD .1/2'RB(LS 11373)2.86'SOUTH L 006'EAST SCALE IN FEET BRASS CAP TIED 60d NAIL AT BASE OF PIN AND DISTANCE FROM TFE S W. CORNER OF S.E. CO2 SEC. 1'',C:' LINE TABLE AFFIXED TAG(RLS 45363). POSITION C£RDFICARQV. al. RECORD OF SURVEY OF A BOUNDARY SURVEY OF NA. QIST. BEARING OF ACCEPTED PIN IS 0.17'NORTH ASSESSOR'S PARCEL 220-06-D118 ,/A +., PLS �, °�= 71330 t 7 7388 N. 1st AV., ORO VALLEY,AZ t 0.12'EAST OF RECORD POSITION I LFRBFY THAT!)rS S1/RV£Y WAS PERFORMED BY .wn i�6 L1(C) 60.00 HRN'IS'S2'V rawcSEC (2(� L(<R) 60 00 N 89'IS'20'V CALCULATED FROM DEEDS. FOUND HE PERS'ON/4Ln AND MONUMENTS E.YIST AS SHOWN ➢ART OF THE SV 1/4 OF 6, T-12-S,R-I4 E 35235 1/2'RB TAGGED VLB-LS 12214 1Nl LEANING G.E. -TOP OF PIN IS IG ,�� ��i/ �� L2(C)772.70 N 49.49'S9'v - :6 1 1r`1 K,6 tom NOTE) HISTORICALLY 026'NORTH L 0.72'WEST. 24i THIS MONUMENT WAS A L2(R)172.70 N 4r46•oe•W RICH SUER E1.n•49 _1.1All Of FORRESTER LAND SURVEYING, LLC GARNER COMMON TO ONLY - ARIZ NA REGISTRATION No.45J83 SECTIONS 1 AND:2 67.n NARRAN TR. TUCSw,.1,113704 TROD 4314113 rtl4°104p}mj. BOOK J_.Z__-_ PAGE R ' ‘ k 1 Bi ill,,. '41r)11,*.4. SitO is assumed 1,‘ , a:),(1 8,-e't:i.‘tni's 'to 'Biti'14tdbttigotier IT t\• tlit',nevisr, 4, ..,„ I(t ) k , t '1 ti ling tr Co 11 S LICt ‘ \'ii w t i t; , I kii\ . ,....,. , \ \ 0 .'. . 1/4-L 4 .7' : .1*** , ,044 Nti< ) t t * i.A. , , 4 ,• 1)1fi -PDt 4- .. Board/Commission/Town Council Notice Form OV Number: cN)5 D) 3 4-) Board/Commission: BOA Date of Meeting: h1l am))/5 15 Day 1)r3 Notice Deadline: I 1 Publish in Daily Territorial Newspaper: 1.)e Submission Deadline: t 1 ) 3 ePpno Ad in OV File: Emailed to DT: 1136 .ii I' Cost of Publishing: 3 50 11 I l� �l,�Publish Date: Publishing No: Publishing Placed in OV Folder: Emailed Project Manager: Affidavit of Publication: Town Clerks Copy Folder Postcard Notification Boundary: U) 'e Notification Feet: r)D Total Residents: Emailed Project Manager Date Mailed out: u I tj HOA's Notification: r Total HOA's: ear Emailed Project Manager Date Mailed out: U,Je,- (A)/ Fh1 k.1 Property Posting: Gave to Inspectors: > Town Posting: � e1S Date Posted: I Town Website Posting: L S Date Posted: I Emailed Project Manager Notice Map Placed in OV Folder: Calendar Invite Updated with items for meeting: i NOTICE OF PUBLIC HEARING Oro Valley Board of Adjustment The Board of Adjustment will hold a public hearing on Tuesday, November 24, 2015 3:00 p.m. Oro Valley Town Council Chambers, 11000 N. La Canada Dr. Oro Valley, Arizona Request for a variance to allow an accessory building in the front yard setback on a property located at 830 E. Palisades Road, OV1501314. The hearing will be in the Town Council Chambers. The public is encouraged to attend and will be invited to speak. Site plans are available for review during normal business hours at the Oro Valley Town Hall, Development and Infrastructure Services Department. An agenda for this meeting will be made available at least 24 hours prior to meeting time and can be viewed at www.orovalleyaz.gov. For questions and additional information, please contact Robert Kirschmann at (520) 229-4836 or rkirschmann@orovalleyaz.qov. POSTED: 11/05/2015 TIME: 5:00 PM BY: rmf \\SILVER\permits\PERMPLUS\DOCS\OV1501314 Trotter Variance\Notice\11-24-.15 B of A Notice.doc r 12 NOVEMBER 6, 2015 PUBLIC NOTICES www.dailyterritorial.com ARIZONA CORPORATION COMMIS- the limited liability company are:KAY A lOcal Tucson in A.R.S.§14-3801(A),or claims will 2015. cannot afford an attorney and want to be SION FOR CHEESBROUGH 10730 N ORACLE RD 3.MEMBERS-[X]The corporation be forever barred. Claims must be pre- MARK BRNOVICH represented by an attorney,one may be + I.Name:SZECHUAN OMEI LLC UNIT 10103 ORO VALLEY,AZ 85737 WILL NOT have members. sented by delivering or mailing a written Attorney General appointed by the Court. L-2041637-3 [x]manager[x]member JAMES G 4.ARIZONA KNOWN PLACE OF BUSI- statement of the claim to the Successor LAURA I.ENRIQUEZ 3.You have a right to appear as a party II.The address of the known place of CHEESBROUGH 10730 N ORACLE RD NESS ADDRESS:4.1 Is the Arizona Co-Trustees,do Kinghorn Heritage Law Assistant Attorney General in this proceeding.You are advised that business is:2601 E SPEEDWAY BLVD UNIT 10103 ORO VALLEY,AZ 85737[x] known place of business address the Group,PLC,3573 East Sunrise Drive, PUBLISH:The Daily Territorial your failure to personally appear in court TUCSON,AZ 85716 member[x]manager same as the street address of the statu- Suite 209,Tucson,Arizona 85718. Nov.6,13,20,27,2015 at the initial hearing,pretrial conference, III.The name and street address of the PUBLISH:The Daily Territorial tory agent?[x]Yes DATED this 19th day of October,2015. settlement conference or dependency Statutory Agent is:YIU HONG LAU Nov.6,9,10,2015 5.DIRECTORS- Staci Martin 332 E. KINGHORN HERITAGE LAW GROUP, NOTICE OF HEARING adjudication,without good cause shown, 1145 N ALVERNON WAY TUCSON,AZ 5th Street Tucson,AZ 85705 Natalie PLC 3573 East Sunrise Drive,Suite 209 Carlos Gabriel Wong and Alicia Isabel may result in a finding that you have 85712 B.[X]Management of the limited NOTICE Taylor 5758 E 4th Street Tucson,AZ Tucson,Arizona 85718 Wong 2157 W.Tanglewood Drive Tucson waived your legal rights and have liability company is reserved to the (for publication) 85711 PUBLISH:The Daily Territorial • AZ 85745 admitted the allegations in the Petition. members.The names and addresses ARTICLES OF ORGANIZATION HAVE 6.STATUTORY AGENT.6.1 REQUIRED Oct.23,30,Nov.6,2015 ARIZONA SUPERIOR COURT,PIMA In addition,if you fail to appear,without of each person who is a member are: BEEN FILED IN THE OFFICE OF THE -Staci Martin 332 E.5th Street Tucson, COUNTY good cause,the hearing may go forward RICKY LAU 2601 E SPEEDWAY BLVD ARIZONA CORPORATION COMMIS- AZ 85705 Hearing Notices In the Matter of:Manuel Roman Date in your absence and may result in an TUCSON,AZ 85716[x]member SION FOR 8.INCORPORATORS-Staci Martin of birth:01/15/00 Guardianship x Minor adjudication of dependency,termination PUBLISH:The Daily Territorial I.Name:BUILDING UNDERSTAND- 332 E.5th Street Tucson,AZ 85705 NOTICE OF HEARING Case Number:GC20150542 NOTICE of your parental rights or the establish- Nov.6,9,10,2015 ING THROUGH LEARNING BLOCKS Natalie Taylor 5758 E 4th Street Tucson, IN THE SUPERIOR COURT OF THE OF HEARING ment of a permanent guardianship (B.U.L.B.)LLC L-2036504-6 AZ 85711 STATE OF ARIZONA NOTICE IS GIVEN that the Court will based upon the record and the evidence NOTICE II.The address of the known place of SIGNATURE By checking the box IN AND FOR THE COUNTY OF PIMA consider the Petition for Appointment presented to the Court,as well as an (for publication) business is:101 E.RUDASILL RD. marked"I accept"below,I acknowledge In the matter of:GONZALES,MAR- of Guardian of Minor on December 22, order of paternity,custody,or change ARTICLES OF ORGANIZATION HAVE TUCSON,AZ 85704 under penalty of perjury that this docu- CIELO LORENZO d.o.b.10/05/2015 2015 at the hour of 10:00 am o'clock, of custody in a consolidated family law BEEN FILED IN THE OFFICE OF THE III.The name and street address of the ment together with any attachments is Person(s)under 18 years of age. at the Pima County Court Building,110 matter and an order for child support if ARIZONA CORPORATION COMMIS- Statutory Agent is:JUDITH BUSCHE submitted in compliance with Arizona No. JD 20130423 Supp W.Congress,Tucson,Arizona.DATED: paternity has been established. SION FOR 111 E.RUDASILL RD.TUCSON,AZ law.[x]I ACCEPT/s/Staci Martin 8/5/15 DCS'S NOTICE OF PUBLICATION 10/3/15/s//s/Petitioner 4.If you are receiving this Notice by I.Name:ARDELLEMARV LIMITED LI- 85704 B.[X]Management of the limited SIGNATURE By checking the box HEARING ON DEPENDENCY PETI- YOU ARE RESPONSIBLE FOR PRO- publication,you may obtain a copy of the ABILITY COMPANY L-2019113-8 liability company is reserved to the marked"I accept"below,I acknowledge TION TECTING YOUR INTERESTS. Dependency Petition,Notice of Hearing, II.The address of the known place of members.The names and addresses under penalty of perjury that this docu- (The Honorable Susan A.Kettlewell) This is a legal notice;your rights may and Temporary Order by submitting a business is:6610 E VILLA DORADO DR of each person who is a member are: ment together with any attachments is TO:Justin Shultz and JOHN DOE(a be affected.Este es un aviso legal. written request to:Gregory M.Hynes, TUCSON,AZ 85715 JUDITH BUSCHE 111 E.RUDASILL submitted in compliance with Arizona fictitious name),parents of the above- Sus derechos podrian ser afectados.If Office of the Attorney General,2760 III.The name and street address of the RD.TUCSON,AZ 85704[x]member law.[x]I ACCEPT/s/Natalie Taylor named child. you object to any part of the petition or South 4th Avenue,Building C,Tucson, Statutory Agent is:SCOTT P ADAMS ROSANNA GALLAGHER 26422 W. 8/5/15 The Department of Child Safety(DCS motion that accompanies this notice, Arizona 85713.The assigned case 6610 E VILLA DORADO DR TUCSON, RUNION LANE BUCKEYE,AZ 85396 PUBLISH:The Daily Territorial or the Department),by and through you must file with the court a written manager is Nickolas Honkonen and may AZ 85715 A.[X]Management of the [x]member Nov.4,5,6,2015 undersigned counsel,has filed a objection describing the legal basis for be reached by telephone at 724-2171. limited liability company is vested in PUBLISH:The Daily Territorial Dependency Petition pursuant to Title your objection at least three days before 5.Requests for reasonable accom- • a manager or managers.The names Nov.6,9,10,2015 Creditor Notices 8,of the Arizona Revised Statues,and the hearing date or you must appear modation for persons with disabilities and addresses of each person who is a Rule 48 of the Rules of Procedure for in person or through an attorney at the must be made to the court by parties at manager AND each member who owns NOTICE NOTICE TO CREDITORS the Juvenile Court. time and place set forth in the notice of least three working days in advance of a a twenty percent or greater interest in (for publication) KINGHORN HERITAGE LAW GROUP, 1.The Court has set a Publication hear- hearing. scheduled court proceeding and can be the capital or profits of the limited liability ARTICLES OF ORGANIZATION HAVE PLC ing on the 7th day of January,2016,at PUBLISH:The Daily Territorial made by calling(520)740-2000. company are:SCOTT P ADAMS 6610 BEEN FILED IN THE OFFICE OF THE 3573 East Sunrise Drive,Suite 209 9:00 a.m.at the Pima County Superior Nov.5,6,9,2015 DATED this day of October,2015. E VILLA DORADO DR TUCSON,AZ ARIZONA CORPORATION COMMIS- Tucson,AZ 85718 Court,2225 East Ajo Way,Tucson, MARK BRNOVICH 85715[x]member[x]manager SUSAN SION FOR (520)529-4000 Arizona 85713,before the Honorable NOTICE OF HEARING Attorney General L HILDRETH 6610 E VILLA DORADO I.Name:RBS INTERNATIONAL LLC Kevin F Kinghorn Susan A.Kettlewell for the purpose IN THE SUPERIOR COURT OF THE Gregory M.Hynes DR TUCSON,AZ 85715[x]member[x] L-2030294-2 Attorneys for Trustee of determining whether any parent or STATE OF ARIZONA Assistant Attorney General manager II.The address of the known place of In the Matter of the:Klaerich Living guardian named herein is contesting the IN AND FOR THE COUNTY OF PIMA PUBLISH:The Daily Territorial PUBLISH:The Daily Territorial business is:2535 E.Petroglyph Ln.Oro Trust,dated February 15,2005 Ralph allegations in the Petition. In the matter of:MCMILLAN,DAVID Oct.30 Nov.6,13,20,2015 Nov.6,9,10,2015 Valley AZ 85755 Dors Klaerich,Deceased. 2.You and your child are entitled to have MARTIN d.o.b.09/09/10 MCMILLAN, III.The name and street address of the NOTICE TO CREDITORS an attorney present at the hearing.You MICHAEL ANTHONY NOTICE OF HEARING NOTICE Statutory Agent is:Kathleen A Madsen PURSUANT TO A.R.S.§14-6103 may hire your own attorney or,if you d.o.b.03/08/13 UCHIMURA,JOSHUA IN THE SUPERIOR COURT OF THE (for publication) 2535 E.Petroglyph Ln.Oro Valley AZ NOTICE IS HEREBY GIVEN that Ralph cannot afford an attorney and want to be JAMES JR.d.o.b.08/30/14 UCHIMURA, STATE OF ARIZONA ARTICLES OF ORGANIZATION HAVE 85755 B.[X]Management of the limited Dors Klaerich,Trustor of the Klaerich represented by an attorney,one may be MEILANI ANALEIAH d.o.b.08/01/15 IN AND FOR THE COUNTY OF PIMA BEEN FILED IN THE OFFICE OF THE liability company is reserved to the Living Trust,dated February 15,2005, appointed by the Court. Person(s)under 18 years of age. In the matter of:OTTERSON,DESTINY ARIZONA CORPORATION COMMIS- members.The names and addresses passed away on September 17,2015. 3.You have a right to appear as a party No. JD197119 d.o.b.09/19/08 SION FOR of each person who is a member are: Diane G.Klaerich is the acting Trustee in this proceeding.You are advised that DCS'S NOTICE OF PUBLICATION Person(s)under 18 years of age. I.Name:DSBNG CRAYCROFT LLC Randale D Madsen 2535 E.Petroglyph of the Trust. All persons having claims your failure to personally appear in court HEARING ON DEPENDENCY PETI- No. JD20150627 L-2042209-2 Ln.Oro Valley AZ 85755[x]member against the Trust Estate that arose prior at the initial hearing,pretrial conference, TION DCS'S NOTICE OF PUBLICATION II.The address of the known place of Kathleen A Madsen 2535 E.Petroglyph to the Trustor's death,are required to settlement conference or dependency (The Honorable Wayne Yehling) HEARING ON DEPENDENCY PETI- business is:6000 E SAN MARINO Ln.Oro Valley AZ 85755[x]member present their claims within four months adjudication,without good cause shown, TO:David McMillan,parent of the TION TUCSON,AZ 85715 PUBLISH:The Daily Territorial after the date of the first publication of may result in a finding that you have above-named children. (The Honorable K.C.Stanford) III.The name and street address of the Nov.4,5,6,2015 this notice,as prescribed in A.R.S.§ waived your legal rights and have The Department of Child Safety(DCS TO:Shawn Otterson and John Doe(a , Statutory Agent is:ROBERT HUBER 14-3801(A),or claims will be forever admitted the allegations in the Petition. or the Department),by and through fictitious name),parent of the above- 1861 NORTH KOLB ROAD TUCSON, NOTICE barred, Claims must be presented by In addition,if you fail to appear,without undersigned counsel,has filed a named child. AZ 85715 A.[X]Management of the (for publication) delivering or mailing a written statement good cause,the hearing may go forward Dependency Petition pursuant to Title The Department of Child Safety(DCS limited liability company is vested in ARTICLES OF ORGANIZATION HAVE of the claim to the Trustee,c/o Kinghorn in your absence and may result in an 8,of the Arizona Revised Statues,and or the Department),by and through a manager or managers.The names BEEN FILED IN THE OFFICE OF THE Heritage Law Group,PLC,3573 East adjudication of dependency,termination Rule 48 of the Rules of Procedure for undersigned counsel,has filed a and addresses of each person who is a ARIZONA CORPORATION COMMIS- Sunrise Drive,Suite 209,Tucson,AZ of your parental rights or the establish- the Juvenile Court. Dependency Petition pursuant to Title manager AND each member who owns SION FOR 85718. ment of a permanent guardianship 1.The Court has set a Publication hear- 8,of the Arizona Revised Statues,and a twenty percent or greater interest in I.Name:MOUNT LEMMON INVEST- DATED this 21 day of October,2015. based upon the record and the evidence ing on the 6th day of January,2016 at Rule 48 of the Rules of Procedure for the capital or profits of the limited liability MENTS,LLC L-2042951-3 Kevin F Kinghorn KINGHORN HERI- presented to the Court,as well as an 10:00 a.m at the Pima County Superior the Juvenile Court. company are:SENAIT DYSON 6000 E II.The address of the known place of TAGE LAW GROUP,PLC 3573 East order of paternity,custody,or change Court,2225 East Ajo Way,Tucson, 1.The Court has set a Publication SAN MARINO TUCSON,AZ 85715[x] business is:3130 NORTH DODGE Sunrise Drive,Suite 209 Tucson,AZ of custody in a consolidated family law Arizona 85713,before Judge Yehling hearing on the 16th day of December, member[x]manager DUANE DYSON BLVD.TUCSON,AZ 85716 85718 matter and an order for child support if for the purpose of determining whether 2015 at 8:30 a.m.at the Pima County 6000 E SAN MARINO TUCSON,AZ III.The name and street address of PUBLISH:The Daily Territorial paternity has been established. any parent or guardian named herein is Superior Court,2225 East Ajo Way, 85715[x]member the Statutory Agent is:FREDERICK C Oct.23,30,Nov.6,2015 4.If you are receiving this Notice by contesting the allegations in the Petition. Tucson,Arizona 85713,before Judge PUBLISH:The Daily Territorial SHAFFER 3130 NORTH DODGE BLVD. publication,you may obtain a copy of the 2.You and your children are entitled to Stanford for the purpose of determining Nov.6,9,10,2015 TUCSON,AZ 85716 B.[X]Manage- NOTICE TO CREDITORS Dependency Petition,Notice of Hearing, have an attorney present at the hearing. whether any parent or guardian named ment of the limited liability company is KINGHORN HERITAGE LAW GROUP, and Temporary Order by submitting a You may hire your own attorney or,if you herein is contesting the allegations in NOTICE reserved to the members.The names PLC 3573 East Sunrise Drive,Suite 209 written request to:LAURA I.ENRIQUEZ, (for publication) and addresses of each person who is a Tucson,Arizona 85718(520)529-4000 Office of the Attorney General,2760 NOTICE OF PUBLIC HEARING ARTICLES OF ORGANIZATION HAVE member are: FREDERICK C SHAFFER Kevin F Kinghorn South 4th Avenue,Bldg.C,Tucson, Oro Valley Board of Adjustment BEEN FILED IN THE OFFICE OF THE 3130 NORTH DODGE BLVD.TUCSON, Attorneys for Successor Co-Trustees Arizona 85713.The assigned case ARIZONA CORPORATION COMMIS- AZ 85716[x]member KEVIN B HOW- In the Matter of the:Mason Living Trust, manager is Amber Handy and may be The Board of Adjustment will hold a public hearing on SION FOR ARD 8339 N.ORACLE ROAD ORO dated June 13,2005, reached by telephone at(520)721-3097. I.Name:VISIONS OF ENDLESS JOUR- VALLEY,AZ 85704[x]member Theresa J.Mason,Deceased. 5.Requests for reasonable accom- NEYS, Tuesday,November 24,2015 3:00 p.m. LLC L-2039332-5 PUBLISH:The Daily Territorial NOTICE TO CREDITORS modation for persons with disabilities II.The address of the known place of Nov.4,5,6,2015 PURSUANT TO A.R.S.§14-6103 must be made to the court by parties at Oro Valley Town Council Chambers,11000 N.La Canada Dr. business is:10730 N ORACLE RD UNIT NOTICE IS HEREBY GIVEN that The- least three working days in advance of a Oro Valley,Arizona 10103 ORO VALLEY,AZ 85737 ARTICLES OF INCORPORATION resa J.Mason,the Trustor of the Mason scheduled court proceeding and can be III.The name and street address of the NONPROFIT CORPORATION Living Trust,dated June 13,2005, made by calling(520)724-2000. Request for a variance to allow an accessory building in the front yard setback on a prop- Statutory Agent is:KAY A CHEES- AZ CORPORATION passed away on September 2,2015. 6.You have the right to make a request erty located at 830 E.Palisades Road,0V1501314. BROUGH 10730 N ORACLE RD UNIT COMMISSION FILED AUG 12 2015 MICHAEL B.MASON is the Successor or motion prior to any hearing that the 10103 ORO VALLEY,AZ 85737 A.[X] FILE NO.20261641 Trustee of the Trust. All persons having hearing be closed to the public. The hearing will be in the Town Council Chambers.The public is encouraged to attend and will ` Management of the limited liability com- 1.ENTITY NAME-HAND ME DOWN claims against the Trust Estate that DATED this day of November, be invited to speak.Site plans are available for review during normal business hours at the pany is vested in a manager or manag- DOG arose prior to the Trustor's death,are Oro Valley Town Hall,Development and Infrastructure Services Department.An agenda for ers.The names and addresses of each 2.CHARACTER OF AFFAIRS-Collect- required to present their claims within this meeting will be made available at least 24 hours prior to meeting time and can be viewed person who is a manager AND each ing gently used(or new)yoga clothes, four months after the date of the first at www.orovalleyaz.gov. For questions and additional information,please contact Robert member who owns a twenty percent or mats props that we can use to donate to publication of the notice,as prescribed Kirschmann at(520)229-4836 or rkirschmann@orovalleyaz.gov. greater interest in the capital or profits of i A 4 AFFIDAVIT OF PUBLICATION STATE OF ARIZONA } } ss. COUNTY OF PIMA , Duane Hollis, being first duly sworn, deposes and says that(s)he is the Production/Circulation Clerk 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 hereto attached: NOTICE OF HEARING 830 E. Palisades Road OV1501314 November 24, 2015 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 6th day of November, 2015 and the last publication thereof was made on the 6t''day of November, 2015; that said publication was made on each of the following dates,to-wit: 11/6/15 at the Request of: To o Valley by , Production/Circulation Clerk, subscribed and sworn to before me this 6th f November, 2015. Notary Public in and for the County of Pima, State of Arizona Notary PubI;C State of At`i ton i;t Pima CWurt ty 1 � •77) FIcY'1C1n'449LirilY {}i My commission expires 7/19/2018 COmmi nit 1)1(1'l`0I www.dailyterritorial.com PUBLIC NOTICES NOVEMBER 6,2015 23 NOTICE OF PUBLIC HEARING Oro Valley Board of Adjustment The Board of Adjustment will hold a public hearing on Tuesday,November 24,2015 3:00 p.m. Oro Valley Town Council Chambers,11000 N.La Canada Dr. Oro Valley,Arizona Request for a variance to allow an accessory building in the front yard setback an a prop- erty located at 830 E.Palisades Road,001501314. The hearing will be in the Town Council Chambers.The public is encouraged to attend and will be invited to speak.Site plans are available for review during normal business hours at the Oro Valley Town Hall.Development and Infrastructure Services Department.An agenda for this meeting will be made available at least 24 hours prior to meeling time and can be viewed al vnvw.orovallevaz.aoy.For questions and additional information,please contact Robert Kirschmann at(520)229-4836 or Tkirschmanndorovallevaz goy