HomeMy WebLinkAboutOV100302 I
oQo''P`BEY ggzo9 TOWN OF ORO VALLEY
PLANNING & ZONING DIVISION
11,000 N. LA CANADA DRIVE, ORO VALLEY AZ 85737
�;+a4 Phone: (520)229-4800 Fax: (520)742-1022
ENDED 41
BOARD OF ADJUSTMENT APPLICATION
FOR: Zoning Variance
Zoning Interpretation
Appeal of Administrative Decision CASE NO.: Cr WO-U 3 -0a
NATURE OF REQUEST: The construction of a swimming pool and spa 20' from the front
property line, 30' from Soaring Hawk Place. This location for the pool project lies in what
is designated the. back yard since the front entry of the home is reversed from what is
traditional in most communities. See attached drawing.
APPLICANT: Patio Pools - Mike Jurado
PHONE/FAX: 797-7299 Fax 797-9293
ADDRESS: .6320 N Oracle Rd
OWNER: Ron & Rosemary Brown
ADDRESS: 668 W Soaring Hawk Place
PARCEL NUMBER: 219-50-0600
PROPERTY LOCATION/ADDRESS: 668 W Soaring Hawk Place
LEGAL DESCRIPTION: Sunridge II Lot 52
ACREAGE: CURRENT ZONING:APPLICABLE FEE:
ATTACHMENTS:
Drawing of Site .
SIGNA OF PLICANT (AND ALSO PRINT NAME) DATE
- ' F_\ADMIMFORMS\BOA.APP.doc
•
SUPPLEMENTAL QUESTIONS FOR APPLICATION FOR A VARIANCE
1. Identify difficulties or problems that would result from complying with the present zoning requirements.
There is no other area to build a pool & spa.
2. Identify and explain all unique and peculiar circumstances that would prevent you from complying with the
present zoning requirements on your property in regard to the following areas (slope, narrowness,
shallowness,irregular shape, location,washes,vegetation and easements, etc.).
This home's front and back yards are reversed.
3. Identify and explain any peculiar conditions in the surrounding area, which would keep you from
complying with the present zoning requirements.
There are no conditions surrounding the area.
4. Please provide the following information addressing A—E in the Findings from section 1-709. In order to
authorize a variance request, the Board will be searching for sufficient evidence in accordance with the
findings.
A. Are there special circumstances or conditions applying to the property referred to in the application
including its size, shape, topography, location or surroundings which do not apply to other
properties in the district?
The backyard is toward the street, and the front entry is to the rear of the lot.
B. Are there special circumstances that exist that was not self imposed or created by the
owner/applicant?
Yes- The position of the house on the lot prior to purchase by the owner.
C. Is the authorizing of the variance necessary for the preservation and enjoyment of substantial
property rights?
Yes, me and Mrs. Brown are intending to use their pool and spa for theraputic as
well as recreational purposes.
D. ,If granted, will the variance impose such conditions as will assure that the authorizing of the
adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon
other properties in the vicinity and zone in which such property is located?
There are other properties in the area with the same "front yard-hack yard"
thenert . One, next door has a pool in the front yard.
E. If granted, will the variance be the minimum necessary to afford relief and will not materially affect
the health,safety, and welfare of the neighborhood or surrounding properties.
Yes, The pool and spa will hp enclosed by a 6' CMU wall and will be unn}ticable
from any neighbors.
ADDITIONAL INFORMATION:
The most current available list of property owners within 300' from the Pima County Assessor's Office and
the date such list was obtained.
15 copies of dimensioned plot plan, if applicable
15 copies of dimensioned floor plan, if applicable
15 copies of building elevations, if applicable
An estimate of the incremental cost of the change in, or additions to, the property, such estimated
cost to be endorsed as accurate by a licensed contractor or engineer. $29,000.00
Any additional comments/information you wish to provide regarding your request.
The proposed position of the pool/spa project is the only area where it can be built.
3
EXHIBIT "A"
AMENDED CONDITIONS TO FINAL PLAT
SUNRIDGE II, LOTS 1-65
(OV 12-94-32)
1. The building envelope shall be limited to 8T000 10,000 square feet for any lot within Sunridge II.
Said building envelope shall be staked and inspected by the Town's Zoning Inspector prior to any
site disturbance.
2. Lots requiring an exception to Condition 1 will be subject to review by the Planning and Zoning
Director, Building Codes Official and Public Works Department. Planning approval will be based
upon special conditions that apply to the lot to include but not be limited to: unusual shape of the
lot; access to an acceptable building pad; topography that forces clearing for drives and utilities to
occupy excessive square footage. Under no condition will building envelopes be permitted that
exceed 12,000 square feet.
CENERAL NOTES' ASSURANCE
ASSURANCE IN THE FORM oF3RITTAKTY TRUST FF
1, THE Gposs AA oc This suflorvisioN IS 41,96 ACRES. RECORDED tN DOCKET 7
2, THE TOTAL NUMBER OF LOTS IS 65. PROvIDEO TO GUARANTEE DRAINAGE; AND STREET 1MPR
3. TI-IE AREA OF COMMON AREA *A7 (RECREATION) IS 56,892 SQUARE FEU. MONUMENTS) AND unure AltpRovEvENTs (ELECTRIC,
4. THE TOTAL MILES OF NEW PLIBL*C STREETS IS 1.22 MILES. SEWE wArrottiq THIS SUBDIVISION.
5. MINIMUM LOT SIZE IS 20,)00 SDUARE FEET.
6 AVERAGE LOT SIZE IS 24.000 SQUARE FEET. trtA,2 ?Nita jiLfrifir___
7. MAXIMUM BUILDING HEIGHT IS 18 FEET.
8. BUILDING SETBACKS ARE AS FOLLOW: FRONT In 30 . SIDE ar 15' AHD
REAR ilk 30'
9 PARKING IS PROVIDED AS FOLLOWS: 2 SPACES WITHIN EACH CARPORT OR GARAGE,
2 ADDITIONAL SPACE IN DRIVEWAY IN FRONT OF EACH CARPORT OR GARAGE.
65x4 2&O SPACES.
10, EXIS-11K ZONING IS R1-144, CONDIT1ONAL.LY APPROVED ZONING IS R1-20
DENSITY IS 1.55 RAILC, (65+41.96 ACing1.55 RAC)
11. NO FURTHER SUBDIVISION OF ANY LOT OR PARCEL SHOWN WILL BE DONE WITHOUT
THE WRITTEN APPROVAL OF THE ORO VALLEY TOWN COUNCIL, ASSURANCEIN THE FORM OF
12. THE AREA arrwtEN ioo YEAR FLOOD LIMITS REPRESENTS A CONSERVATION EASEMENT FRC44 efrt C itki rNE AMOUNT OF
AND AN AREA THAT MAY BE SLIB,WCT TO FLOODING FROM A 100 YEAR FREGIJENCY FLOOD BEEN i;friNDIADED TO GLI;LRANTEE RESEEDING OF T
AND ALL LAND IN THIS AREA WILL BE RESTRicTEO TO USES THAT ARE COMPATMLE WITH Itif (VENT THf PI?0,41ECT isASIANDaNED,
CONSERVATION EASEMENTS AND FLOOD PLAIN MANAGEMENT
13. BASIS OF BEARING FOR THIS SUBDIVISION IS THE SOUTH LINE OF THE SOUTHEAST
ONE—OUARTER OF SECTION 35, 11 1S. R13E. G&S.R.M. AS PER MONTERRA RIDGE
BOOK 46 OF kik P 0 PAGE 34, SAID BEARING BEING 49143'41.E.
14. THE PROFESSIONAL, ENGINEER OF RECORD SHALL CERTIFY AS TO THE FORM, LINE ERTIFICATION OF NATE
FUNCTION OF ALL PUBLIC AND PRIVATE ROADWAYS AND DRAINAGE STRUCTURES
&RAE THE RELEASE OF ASSURANCES.
(E) BUILDING ENVELOPE SHALL BE 8000 SO. FEET FOR ANY LOT WITHIN SU/MIDGE It A CERTIRCATON OF ASSURED WATER SUPPLY HAS BE!FROM THE DIRECTOR OF WATER RESOURCES.
THE ENVELOPE SHALL BE STAKED AND AN INSPECTION PERFORMED BY THE TOWNS
ZONING INSPECTOR PRIOR TO ANY LOT DEVELOPMENT,
16. NO ENCROACHMENT INTO 25% SLOPES SHALL BE PERiorirED, oTHtR THAN AS SHOWN ON THIS THIS PLAT OP THE APPROVED CONSTRUCTION DRAwINGS OR THIS PROJECT. FOR THE PU8LiC KS DEPT
I ? DRIVEWAY ACCESS FOR LOT 19 SRALL LINE UP DIRECTLY WITH KACHINA RIDGE DRAPE,
NOW SHOWN AS SEDONA RIDGE PLACE
Te. ACCESS ACROSS FLOOD PRONE AREAS TO BUILDING SITES ON LOTS 23,26, AND 27 CERT AT/ON OF ENCJ
WILL BE APPROVED BY THE TOWN ENGINEER AND SHALL BE THE REsPoNstauffy O.
THE DEVELOPER. I HEREFIY CERTIFY THAT ALL tHCIIVEtretIC WCY/M CT
CI GRADING SKILL BE LIMITED TO ROADW./kYS„ DRIVEWAYS, UTILITY /NSTALLATkON. HOUSE, INCLUDWG THE 100 YEAR FLOOD PRONE LAPIS V
ACCESSORY USES AND DRAINAGE IMPROVEMENTS, Pre7EVED AND SHOWN UNDER MY SUPE.RVISION.
20. ONLY THAT VEGETATION SHALL BE REMOVED THAT IS NECESSARY FOR THE (WILDING rkflitiat Fit DCWVIEM .
, ..,_, p 1.2„.„„__,,,,7 - _ "4,,,,,me..1. pc 7 ii.,...L.. 1,,,,,...:1„..."-:i . -.....,9 1.1 '
- „._... _ „.„,.__ _ _ _ _.....„... .... ,- ' CalS11.1„„ ., .„,;,. . .00.Sal ...„..„, ,„. . . , „. . ,CHT
a 1 _ - ),,
ss,,,,,,,,,,,,12-tend) , ,
4cc MAIVII e
*OZ I,„' l' :664gZ1 - - - , _ ctr9-Zc L (.)
m ......�e...,,„,,,... .. ...., ...,r ��s
, ...AINIK,...' '''" 1"."""61 . ell, ' 410' Pt?-'1-----, ',./if
9-4,1' zi 1 et 9,it, ' ,.
n i Aia }- i, 14.4
-al c:.....) 9 . (§). .4;0 -
yr4
i R
r
Y3 NY = 3 = a`
g . ,_4 ser 9gagi, —4 19 CR--f 1 , co
r
11 11 14 4. 1 i, ' kir
�- rim �i ..
-cAil ..-t* if , ,, ,
'N. 1.31-'' t i c —
5 Ll --.0.4‘;‘) -.1 ,,- . i . 4"ge
jam.
a �a__.N_ ��_ a �. � _ _ � �-- - �.__...' +�
w
_� �• `I. M p, ,L r
TO vJN OF ORO VALLE
PLANNING DEPARTMENT
11000 N.LA CANADA DRIVE ORO VALLEY,AZ 85737
PHONE: 229-4800 FAX: 742-1022
RECEIPT
******************************************************************************
REFERENCE NUMBER: DS0300190 RECEIPT #03P00210
SITE ADDRESS: TAXCODE:
DATE: 04/29/2003 TIME: 01:26 PM
COMP TYPE: MISCELLANEOUS RECEIPT TYPE:
DESCRIPTION: VARIANCE FOR POOL SETBACK
APPLICANT: PATIO POOLS OWNER:
Notation: Receipt By: DRM
*******************************************************************************************
DRM
PAID BY:
Type Method Description
Amount
Payment Trust 0013 140 . 00
TOTAL: 140.00
FEES PAID:
Description Account Code Current Pmts
Board Of Adjustment 001-000-408 140.00
TOTAL: 14 0.0 0
Account #: 0013
Ending Balance: $ 572.18
s
P0--EY 4,9/
0
4 `0
off. TOWN OF ORO VALLEY
i = A 1r COMMUNITY DEVELOPMENT DEPARTMENT
t r-
D • Planning and Zoning • Building Safety
4 11000 N.La Canada Drive,Oro Valley,AZ 85737•(520)229-4800•Fax(520)742-1022
..A l -- A- • Parks and Recreation
A = r - 1 p* 680 W.Calle Concordia,Oro Valley,AZ 85737•(520)229-5050•Fax(520)797-2202
�OL/NDEOa.'
ZONING REVIEW COMMENTS
Date 02 . 13. 3
Permit# 0 oaa lir
Subdivision/Lot# SV g (hL4i 5c —&w4 i4/
Zoning review for the above referenced project has been completed. This letter reflects
comments to be addressed. Please make the following corrections:
Exceeds limits of grading .Maximum grading Grading as shown
Grading Limits not shown
X
Does not meet setbacks of: Front 340
I Side Rear
Setbacks not shown
Structure exceeds building height
Drainage not shown
Access for pool construction not shown on site plan
Pool equipment not shown on site plan
Outdoor Lighting
Other
Please return two sets of corrected drawings and original redline drawings with this comment
letter.
Reviewed by +1-7 Applicant notified by: Date
.....na tnurnnfnwnvillnv rrnm
Pima County
� .�SS ."<.: '.: t�Y.,'�. ., .: .. :: .. � '..5. . ,:Y.�",ti""""""`"'^.';"J�^< vx`Yaae'.:!ik<,:.:>.�ry',..:':e';.' "'�"�'?: ��e'�'.'iia'r�
>
t
n 1P.r .n� '. .. .i. .9...... ... ...:. ' a:• �V`<�:. �AY:.^ t ,..,,6^ 'q� ag pW,.�a>
Land > <. � . ,,._ � < r, : "elipta.` �� v< ::
base r _� yq� ,� g ���.
-. .,a. .. .t.._. r:..a ,J�.. Eax. ... .:: :. ..... • a .'i�f :7aa�� .tea< `lF: ��, Y
� .5 <..`�. i. w.. $Y ...:.::,..r. :":#�J�.'' :.."'..a.r Y, .' i w `
< At
LS
Rectified .... < : �.. :;_Parcels .;� � . <.: > � ��.� ._
G Jw'
f ,
All Orthophoto Imagery ���
. ..� .� ors'
,1,',..'•;10,;,,'' . ''',1,:::-":::. ;•,'" . '..--,;.•`'';';74-4:§...):„:4ei
i •t° y 1 qx 7.`::.
J .
1 Foot Resolution 1.4 Xr, zs
••
K.. .at. C,w.. k.. y �y, Eg?... 5=. r :.
•
ti -.' ' .. . '' i
.t5::
._ :.:' r' -may: y ,
'y', ._.�.. _.. :�x'kf � .;�J° j:.Y..V��:%>#.ao:. ;.�` � $ ,je�.. tw ,
'� s <�� �� Ys' .20%! "' �3'..`� t# 3R>. D �, �r'3�•
F.'ai q. r, 3Y :,..:
..'`:t^`r'si3..zE ¢, i °s" t,l'',�j .w,. r.:::
[[[E� � _ k yw 4,,,
i.i ,:'/ t8r� 1�'<, i .:.i�wr.z.:n... a..; .- .
, z
•
r :
- ..�......._....r. :',�»,w. :,;:'3£'A. Mal �'�'M`.
,+‘.0" i 4.,lukt.."."; ', _ , ,..
ifii'
, a..,..<,,,. ..::x<: a'uJ'sr ;;!S ik y fi.i'..:`.. � al.;
a:r;;
����
..,.,.zw4P fi,e :... �t. • 'px',1 ..:>¢`a,
ogitvtiii
�. 9'. ,x i'
r Ill.44.1t4.4? .
c
x' .'it "Y a
::..,.j' ^^+w•.r>a-Yw.r '� r _ e —
� ,
`
:d'asfY' :: a K ^f .
ftl
` '.. < a..?. . 4 t .,:.`X 7> ,Y *
•
•
•
1. II V .r.,, ,� < d<�� v vb t• ,' ' :'",:, My :1 aZ >>k:;:• __ _� y# a i. am _ ; R
;......„.;:, ...... . __ „.,:
*s' '
,....1..',,.......44. .:,.
s Y� • ��rw
S� Js
r.'
,.., ,. .4.,;ij...0.,,.,:,,.,
•
.. �y ....... .,fie ......
•
1....._,..iit" 4,-*•
.<.y....+j°. .. F M T.MM. 4 ..li,4 so,>. ,�. •e.,,...,............• • . • „,.._\,..„,.....,..,.. ,:.::,::,...„.„ ,�a: '•, YSi &a:,•" .•:-'a..,:'...a�.... .. sa;Y �+16
' .
.:x:� <� . " ...£�...•` s `..<t<:< > h. .:3.: x Jf�.:. �d:.� .;`d a,;� x
RJ, .' ... o �F"'�wrc+w� q:.«,'�" .,x>:, 5b'... ',x'{y ,�s "Mx *_. .¢'*'�� ' >� ><>,. Z." ..,� f' ^:a�.• «,�
•
-..:.. �1..t:x :' :'S"V : `� :.: ,4 .>` ,� �`.->q�1{6 a ri5.. R ., ',z,' ',q ' �`: .g..:
..:.: 3aY5 :: ..:-. .. ... .>. ,i�A':�:��.�"i�.�.�'�.�e M'��.�, � �- - 'xr' IF' :E"'� �'.. z
�.. .':.... 'i' .� as ...P:,:;•�,....<,: Y ,'i.,E` �a.. a • ��"�.,E � A.:. 5.a, ,�'`:_ .s .>•:,., ..
1.
, ".,,,zr.•� .war.. ,
. •.y; 3 i „t K aY 4. p k:d!' S5 k os. f 3E'' '+
r.
.. , i 5 .Y:` 5�: :d >• ,.'44ir 4,t 4 .'YP �. #'1P.a'.
s as _ 1 w '> 414\1
. ,°�` i. r:„§ :a'
a4: .:abAq,.i�4`° ♦ '.s"iyw�°>` fl. �e .>7,.k .F. 5Y:
:-..';.::.1 '.7.-At '''''..,':- '
!.:,.,;.'::),-,..:.-.ti... 1.. ,:....,4.,:.:,.-TH,;!---:.,......,:. v....4 0 ‘.,,, -.., ..,...7•-. ---- .•!‘t..,:l...4, .-.:'4'',------l'',1k-' .''
fA .�cc �s Yy,�' t' y't:°. Z-51- 5„,?
3��< 'W..,
$' '..""k 7f�' • ..,,�:
VS
,,_ ,,,,,,::.„4‘,..4,....,,-.:..,„4-0..... r• ,...,,,... „...,..,:::. ••4,, . , „.,,
::
•:::.ii'.1,.,07.t..,,,.„....,...,....„.",....:
..,... ...: ,.,
_ <� _,rs
•
..„i
4..... 4. ...,..,. .,;.„.,::JWr
Y
,..., .. -iiik:
•
,R.,y :.,X<.. :3.',., ¢q, ,tea 9a;' .,b<` °�,s} .•. � R.
,WY'..a y,:' ,�.5•. � •
¢g � �.. �Nn a -� `S�' ]!" ,1I �'itAittl.':114rtY,
'd
` r a':. �>: VErfir' t!^ <.x.: '�:`::° .< ¢:.:
„�,�,'.1.; �>J .,�t r� ,M^.. ✓t" `.� .per ."E;::'�., .4.F° at, l i�;.a'�a,,..i.�� ..»,�•�',.:a
�,:,y '+?r "',RS F'.• rg'' y� 's`a. L:/ 'S.. �«e� was F°�' :' �, s '#^ •Ei�
f..": ''f.'>s. ''),,,.. tt« r,YYM V`.M >#' . • '»
•
EF H t :{
>
ir
..i. ., y....a<s»:,.;.. .....,q'� .. :.. ...,..a.:..:..�3 .:.'x: -'^- » ±C. R
<
.:fi,f.MaYAgr. .,t .. :.mq{ ¢Y':N, �. ..,:F.. .. .y, .. n v .,. ., .....>........1
................................ ........ ....... c .....aE............ .IMYI4� M :..Sw»» ...:W::..>i':•:.,.... ....�`.°�°. .t.. � .,..:...�.
N
SCALE 1 : 1,326
100 0 100 200 300
FEET
http://www.dot.co.pima.az.us/gis/maps/mapguide/pimamap5.mwf Friday, April 25, 2003 12:49 PM
NOTICE
OF PUBLIC HEARING
BEFORE THE
ORO VALLEY BOARD OF ADJUSTMENT
In accordance with Sec. 1-708 of the Oro Valley Zoning Code Revised and Arizona Revised
Statutes Sec. 9-462.06,
NOTICE IS HEREBY GIVEN that the Oro Valley Board of Adjustment will hold a public
hearing on Tuesday, May 27, 2003, commencing at or after 3:00 p.m. The meeting will
be held at the Oro Valley Town Hall, 11000 N. La Canada Drive and the subject matter
will be as further described below:
OV10-03-02: PATIO POOLS - MIKE JURADO, 6320 N. ORACLE ROAD,
TUCSON, AZ 85704, REQUEST FOR VARIANCE TO REDUCE
THE REQUIRED 30' FRONT YARD SETBACK TO 20'. SUBJECT
PROPERTY: 668 W. SOARING HAWK PLACE, ORO VALLEY,
AZ., SUNRIDGE II SUBDIVISION, LOT 52 (219-50-0600).
The applicant requests to reduce the front yard setback from 30' to 20',to allow for a pool in
the front yard.
Site plans are available for review during normal business hours at the Oro Valley Town
Hall, Development Service Center. Persons interested may appear in person, by agent or
attorney, and the petitioners must appear or be represented. Any person seeking further
information on this request for a variance may contact Dee Widero at 229-4812 or E-mail:
dwidero@orovalley.net.
k)re'L
POSTED: 5-7-03
REQ: ant M. Nodine,AICP Time: 3 : 15 p.m.
Planning and Zoning Administrator By: drm
AFFIDAVIT ^r PUBLICATION
1..` STATE OF ARIZONA)
:ss.
COUNTY OF PIMA )
r^,r�r♦ y; „„r•r^• ,-, being first
t:OB jI N D'9L;S...OMBS
duly sworn, deposes and says that (he) (she) is the Legal Advertising Manager
of THE DAILY TERRITORIAL, a daily newspaper printed and published in the
County of Pima, State of Arizona, and of general circulation in the City of Tuc-
son,
County of Pima, State of Arizona and elsewhere, and the hereto attached
OV 10-03-02
PUBLIC NOTICE
was printed and published correctly in the regular and entire issue of said THE
b
DAILY TERRITORIAL for issues; that was first made
r t i s MAY 03
on the day of 9.i h20
and the last publication thereof was made on the day of
MAY 03
20 ; that said publication
wt,5 co�ch of the following dates, to-wit:
j *
Request of
TOWN OF ORO VALLEY
___-------Daily Terjitria1
e
3ubsc ---) f-' '')
ib end to b ore h l day of
f ,
20
Q3 OFFICIAL
FFICIAL SEAL
� KAR - BRIGH
A.' M
K
.-�.r? 7:
Notary Public a a+a n- i a, ate of Arizona
My Commission Expires: /
s//,'( ew
(9,
� -.._., r �
T
NOTICE OF PUBLIC HEARING
BEFORE T I VALLEY
BOARD C ISTMENT
In•accoroance with Sec.1-708 of the Oro Valley Zoning Code.. ., J and Arizona Revised Statutes Sec.9-462.06,
NOTICE IS HEREBY GIVEN that the Oro Valley Board of Adjustment will hold a public hearing on Tuesday,May 27,2003,com-
mencing at or after 3:00 p.m.The meeting will be held at the Oro Valley Town Hall,11000 N.La Canada Drive and the subject
matter will be as further described below:
OV10-03-02:PATIO POOLS—MIKE JURADO,6320 N.ORACLE ROAD,TUCSON,AZ 85704,REQUEST FOR VARIANCE TO
REDUCE THE REQUIRED 30'FRONT YARD SETBACK TO 20'. SUBJECT PROPERTY:668 W.SOARING HAWK PLACE,
ORO VALLEY,AZ.,SUNRIDGE II SUBDIVISION,LOT 52(219-50-0600).
The applicant requests to reduce the front yard setback from 30'to 20',to allow for a pool in the front yard.
Site plans are available for review during normal business hours at the Oro Valley Town Hall,Development Service Center. Per-
sons interested may appear in person,by agent or attorney,and the petitioners must appear or be represented.Any person seek-
ing further information on this request for a variance may contact Dee Vlfidero at 229-4812 or E-mail:dwidero@orovalley.net.
REQ: Bryant M.Nodine,AICP Planning and Zoning Administrator
Pub:The Daily Territorial
May 9,2003
Req:Town of Oro Valley
pnovl0-03-02 kb
MAY 9, 2003 The Daily Territorial PAGE 23
Public Notice deleted from the lease. Notice is hereby given that on the 23 day NOTICE OF PUBLIC AUCTION Summons/John F.Weylor of your response or answer upon the
Capital Equipment: County will pay of May, 2003, at 10 o'clock A.m., Pursuant to the provisions of Arizona In The Superior Court Of The State Of Petitioner,and such response or answer
Tenant $6 million to purchase new PRINCE SELF STORAGE, located at Revised Statues §11-251(9) notice is Arizona In And For The County Of Pima should be addressed as follows:Carol A.
bed inpatient hospital and psychiatric capital equipment to be used at the 455 E PRINCE,Tucson,AZ given that a Public Auction will be held Milton Silverman And Shirley M. Gulledge 3508 S.8th Ave#12,Tucson
triage center with 23 hour 59 minute hospital. the following property will be sold at by Pima County on Saturday, May 17, Silverman, husband and wife Plaintiff, 85713 Petitioner's Name and Complete
observation beds. Tenant must provide Purchase of Equipment,Furnishings and Auction: 2003,beginning 9:00 a.m.at 1301 South vs.John F.Weylor,A Single Man;Beth Mailing Address_
a minimum number of full time Supplies: Tenant will purchase County LOCKER # NAME DESCRIPTION OF Mission Road, Tucson, AZ. All items Ford, Treasurer of Pima County, If service is made by publication,a copy
physicians in sub-specialties of hospital- owned equipment, supplies, and PROPERTY may be inspected at 1301 South Mission Arizona, John Doe and Jane Doe 1 of the Petition and other papers file
based physicians, medical specialists, furnishings located at the hospital for 140 GUITTEREZ MISC ITEMS Road between 8:00 a.m.and 4:00 p.m. through 10;ABC Partnership 1 through this matter may be obtained from
and surgical specialists of not fewer than $2.5 million amortized over ten years. 172 LEET FURN,TOYS,MISC on May 15,2003 and May 16,2003 and 10;XYZ Corporation 1 through 10; the Clerk of this Court whose address i
11 physicians by 7/01/2003; not fewer PUBLISH:The Daily Territorial 242 GALLEGO FUN, MW, HSHLD prior to auction time on May 17,2003. unknown heirs of any of the defendants follows:Put in Paper.
than 27 physicians by 1/01/2005; not April 25,2003 GOODS All items are sold"AS IS"and"WHERE and parties in possession, Defendants, REQUEST FOR REASONABLE
fewer than 44 physicians by 1/01/2006; May 2,9,16,2003 410 NIELSEN MISC,HSHLD LOCATED" at the time of sale. No No. C20032323 Summons Assigned to ACCOMMODATION FOR PERSONS
and not fewer than 58 physicians by pnuniversity kb 426 POKORNY FURN,MISC guarantee or warranty of any nature, Judge Christopher Browning The State WITH DISABILITIES MUST BE MADE
1/01/2007. Tenant will provide at least The Auction and Sale will be held either expressed or implied,is made. Of Arizona to the above named TO THE DIVISION ASSIGNED TO THE
four residents per year at the hospital pursuant to the rental agreement and A detailed vehicle listing may be Defendants John F. Weylor, a single CASE BY PARTIES AT LEAST 3
•during at least the initial 10 years of the - PUBLIC NOTICE A.R.S. 33-1604, and any other obtained at the Pima County Automotive man, 3323 West Tres Nogales Road, JUDICIAL DAYS IN ADVANCE OF A
lease. applicable Arizona Statute for satisfying Services Division, 1301 South Mission Tucson,Arizona 85705.You Are Hereby SCHEDULED COURT PROCEEDING.
Three Points Fire District gives,notice to
• County will pay Tenant $2.75 million the lien of Prince Self Storage on said Road, Tucson, Arizona, Monday - Summoned and required to appear and GIVEN UNDER THE HAND AND SEAL
their taxpayers that a Public Hearing will
annually for first 4 years and$250,000 property,which include unpaid rent,late Friday,8:00 am to 5:00 pm.,after April defend in the above entitled action in the of the Superior Court of the State of
be held at Fire Station #92 11777 S.
annually for years 5-10. charges and costs incurred to date. 24,2003. above entitled court, within Twenty Arizona in and for the said County,this_
Camino Lucido on June 9, 2003 at
Psychiatric Services to County: Tenant To avoid this sale, payment IN FULL, If you require special assistance to Days,exclusive of the day of service,if day of MAY 7 2003,20_.
6:00PM to receive comments oral or
must provide at a minimum all medical including all late charges and costs plus - participate fully, please call us at 740 served within the State of Arizona, or PATRICIA A.NOLAND CLERK OF THE
clearance, psychiatric evaluations, written from the Public on the following additional unpaid rent and charges to 2670. within Thirty Days,exclusive of the day SUPERIOR COURT (SUPERIOR
PROPOSED BUDGET FOR FISCAL
treatment and physician testimony for date of payment,must be received prior PUBLISH:The Daily Territorial of service,if served:outside the State of COURT SEAL) By Signature Deputy
the County's adult civil commitment YEAR 2003/2004 to the date of sale. Landlord will not May 7,8,9,2002 Arizona,and you are notified that in case Clerk
proceedings under A.R.S.Title 36 and a ESTIMATED REVENUE: proceed with the sale if payment IN slmayl7 sm you fail so to do,judgment by default will Pub:The Daily Territorial
TAXES:
minimum of 50 psychiatric beds at all FULL is made in CASH or MONEY be rendered against you for the relief May 9,16,23,30,2003 •
Real/Personal Property $830,968 S u m m o n s
times for County's use for five years, ORDER only,prior to date of sale. demand in the complaint.You must file Req:Clerk of Superior Court
Asst.Tax $146,057 writing,in the office of the smgulledge sm
with County's option to extend for up to DATED 5/6/03 BY:Signature MGR. an answer,in
Prior Year $135,563
five additional years. for PRINCE SELF STORAGE Clerk of Superior Court, 110 West
Interest $ 5,136 Summons/Lawyers Title Of Arizona
Daily Territorial Law Office of Jeffrey M. Neff, 6375 E. Congress, Tucson, Arizona, -
INTERGOVERNMENTAL
annually for these beds,payment will be May 9,16,2003 Tanque Verde, #130, Tucson, Arizona accompanied by a necessary filing fee, SUMMONS
o Grants $498,897 in the amount of$116.00.A copyof the
increased annually by 7% or the Req:Prince Self Storage
Charges for Services $421,700 85715-3835 (520) 722-8030 PCC No. In the Superior Court,
adjustment in AHCCCS reimbursement ZION NATIONAL BANK slguitterez sm 41908 Ariz. Bar No. 5603 Attorney for answer must be mailed to the attorney State of Arizona
rates for psychiatric services,whichever LEASE/PURCHASE $3,353,000 Plaintiff Superior Court Pima Coun whose name appears below.Charles H.
isgreater. In and for the Countyof PIMA
-State Of Arizona Palatine Pro rties, Whitehill,2606 East 10th Street,Tucson,
CAPITAL FUNDS $100,000 In Re the Marriage of: JOSE
•Tenant will pay County's actual costs to L.L.C., an Arizona limited liabili 85716(520)792-2785 Given under
patients in other facilities if all 50 MISCELLANEOUS $32,533 NOTICE OF SALE AT PUBLIC ty my hand and the seal of the Superior MONTEZ Petitioner and MORMA
placecompany, Plaintiff, v. Lawyers Title Of LOPEZ Respondent D20031536 No.
TOTAL ESTIMATED Court of the State of Arizona in and for p°
beds are not available for County's use; AUCTION Arizona, an Arizona corporation, as SUMMONS IN DISSOLUTION OF
REVENUE $5,523,854 the Countyof Pima,this_dayof Apr 23
County will pay Tenant for beds used by NOTICE IS HEREBY GIVEN THAT Trustee under Trust 5602-T; Martin P BY PUBLICATION
ESTIMATED EXPENDITURES: 2003. Patricia A. Noland, Clerk By /s/
County in excess of 50. PURSUANT TO THE PROVISIONS OF Gerst and Bradley Edson,as Trustees of DAVID R.MARRIAGE ACTIONK
PERSONNEL SERVICES: Yvonne Davis Deputy Clerk Requests
Liquidated Damages: While County is ARIZONA REVISED STATUTES. Pacific Rim Development Trust Under P h q ests TO THE ABOVE RESPONDENT:
Fire Chief $61,048 for reasonable accommodation for
utilizing the hospital for psychiatric Salaries&Wages , $562,817 CHAPTER 15 SELF SERVICE Trust Agreement Dated May 15, 1989; YOU ARE HEREBY SUMMONED and
patients for Title 36 purposes,if Tenant g STORAGE,SECTION 33-1701 ET SEQ, Beth Ford,Pima County Treasurer;John persons with disabilities must be made required to appear and defend in the
Benefits $243,842 to the court byparties at least 3 working
q PP
fails to provide such psychiatric services, THAT SHURGARD OF SPEEDWAY, Does 1-10; ABC Corporations 1-10; g above entitled action within SIXTY 60
SUPPLIES AND days in advance of a scheduled court ( )
Tenant will pay Landlord the equivalent HAVING GIVEN NOTICE TO THE Y
of two months compensation for SERVICES $975,015 Unknown Heirs of Devisees Of Any DAYS after the first date of publication.
PARTIES OF THE LOCKERS HEREIN Deceased Defendants, 1-10; proceeding. A copof this Summons
CAPITAL $3,681,132 and its accompanyingCom Complaint maybe In order to appear and defend,you must
psychiatric services. While County is STATED, AT THEIR LAST KNOWN Defendants. C-20032353 Summons p file a proper response(answer)in writing
TOTAL ESTIMATED obtained bycontactingcounsel for the P P
utilizing the hospital for psychiatric EXPENDITURES $5,523,854 ADDRESS, THAT THE STORAGE Assigned to: Jane L. Eikleberry The with the Clerk of This Court, 110 W.
patients for Title 36 purposes,if Tenant CHARGES PLUS OTHER FEES ARE State Of Arizona to the above named Plaintiff at the address shown on the Congress, Tucson, Arizona 85701,
Signature Barbara McKillipClerk of 9
loses its license to provide psychiatric g NOW DUE AND THAT UNLESS SAID Defendants: I. A lawsuit has been filed Summons. accompanied bythe required filingfee.
Governing Board Pub:The DailyTerritorial p q
services, Tenant will pay Landlord the CHARGES ARE PAID IN FULL,SHALL againstyou. II. Ifyou do not want a
Pub:The Daily Territorial May9,16,23,30,2003 Failure to so appear and defend will
same amount of liquidated damages and BE SOLD AT PUBLIC AUCTION TO BE Judgment taken against you for the relief result in a judgment t by default being
May 7,8,9,2002 R Mk Consultants,Inc. Ju g, n•
additionally be liable for excess actual HELD AT:1159 N.COLUMBUS BLVD., demanded in the accompanying �' rendered against you for the relief
Req:Three Points Fire District smweylor kb g
damages not to exceed$5 million. TUCSON,AZ.85712 must file a in y
pnbudget2003 sm Complaint,youResponse .requested in the Petition.A copy of the
Use of Improvement Parcel: Tenant ON 5-19-03 AT 9:00(AM) writing in the Office of the Clerk of the response must also be mailed to the
may construct and occupy a medical LOCKERS TO BE SOLD ARE: 3072 Superior Court, 111 West Congress, named petitioner,above.
office buildingof not less than 25,000 s.f. Sales Notices 1138 3114 1237 3023 SUMMONS
Tucson, Arizona, accompanied by the This is a legal document, If you do not
on the Improvement Parcel on or before Pub:The Daily Territorial necessaryfee. A of the SUPERIOR COURT OF ARIZONA,
12/31/2010. If construction of the NOTICE OF SALE May9,12,2003 filing copy COUNTY OF PIMA understand it's consequences, you
NOTICE OF SALE AT PUBLIC Response must also be mailed to the should seek the advice of an attorney.
medical office building is not begun by AUCTION AND NOTICE TO PAY TO Req:Shurgard of Speedway plaintiff/attorney whose name appears In re the marriage of Carol A.Gulledge, GIVEN UNDER THE HAND AND SEAL
that date,the Improvement Parcel will be s13072 sm below. III.The Response must be filed Petitioner, and Robert B. Gulledge, of the Superior Court of the State of
AVOID SALE Respondent, CASE NO. D20031689
within Twenty Days, exclusive of the P Arizona in and for the said county,this_
date of service,if served within the State SUMMONS FREDERIC J.DARDIS
NOTICE OF PUBLIC HEARING day of APR 25 2003,
BEFORE THE ORO VALLEY BOARD OF ADJUSTMENT of Arizona, or within Thirty Days, The State Of Arizona To The Above PATRICIA A.NOLAND CLERK OF THE
In accordance with Sec.1-708 of the Oro Valley Zoning Code Revised and Arizona Revised Statutes Sec.9-462.06, exclusive of the date of service,if served Named Respondent: ROBERT B. SUPERIOR COURT Signature DEPUTY
NOTICE IS HEREBY GIVEN that the Oro Valley Board of Adjustment will hold a public hearing on Tuesday, May 27, 2003, outside the State of Arizona.IV.This is a GULLEDGE. CLERK ROBERT SIKORA
commencing at or after 3:00 p.m.The meeting will be held at the Oro Valley Town Hall,11000 N.La Canada Drive and the subject legal document.If you do not understand YOU ARE HEREBY SUMMONED and REQUESTS FOR REASONABLE
matter will be as further described below: its consequences,you should seek the required to appear and defend in the ACCOMMODATION FOR PERSONS
OV10-03-03:RANDY AND KAREN BARBERA,11113 N.GUAVA DRIVE,ORO VALLEY,AZ 85737,REQUEST FOR VARIANCE TO advice of any attorney. Witness My above entitled action within TWENTY WITH DISABILITIES MUST BE MADE
REDUCE THE REQUIRED 20'SIDE YARD SETBACK TO 5'. SUBJECT PROPERTY:11113 N.GUAVA DRIVE,ORO VALLEY,AZ., Hand and the Seal of the Superior Court. (20) DAYS, exclusive of the date of TO THE COURT BY PARTIES AT
Requests for reasonable service, if served within the State of
MONTE DEL ORO SUBDIVISION,LOT 87(224-27-1990). q LEAST 3 WORKING DAYS IN
The applicant requests to reduce the side yard setback from 20'to 5',to allow for a pool. accommodation for persons with Arizona, or within THIRTY (30) DAYS, ADVANCE OF A SCHEDULED COURT
Site plans are available for review during normal business hours at the Oro Valley Town Hall,Development Service Center. Persons disabilities must be made to the court by exclusive of the date of service, if PROCEEDINGS.
interested may appear in person,by agent or attorney,and the petitioners must appear or be represented.Any person seeking further parties at least 3 working days in service is made without the State of Pub:The Daily Territorial
information on this request for a variance may contact Dee Widero at 229-4812 or E-mail:dwidero@orovalley.net.REQ: Bryant M. advance of a scheduled court Arizona. If service is made by May 2,9,16,23,2003
Nodine,AICP proceeding.Dated:Apr 23 2003 Clerk of publication,service is complete THIRTY Req:Jose I A Montez
Pub:The Daily Territorial _ the Superior Court Seal By Patricia A. (30) DAYS after the date of FIRST smmontez sm
May 9,2003 Noland By Jud F.Whitnell Deputy Clerk. PUBLICATION and you must appear
Req:Town of Oro Valley Attorney's Name, Address, Phone: and defend within THIRTY (30) DAYS
pnovl0-03 03 kb I I Jeffrey M. Neff, Esq., 6375 E. Tanque thereafter.
.appear
Verde, #130, Tucson, Arizona 85715, pp ar and defend,you must SUMMONS
PUBLIC HEARING 520-722-8030, Computer No. 41908, file a proper response or answer in ARIZONA SUPERIOR COURT,
p PIMA COUNTY
PUBLIC HEARING WILL BE HELD by the PIMA COUNTY PLANNING AND ZONING COMMISSION on WEDNESDAY,MAY 28,2003 Ariz.Bar No.5603. writing with the Clerk of this Court,
at or after 9:00 a.m.at the City/County Public Works Building,201 North Stone Avenue,Conference Room'C', Tucson,Arizona. Pub:The Daily Territorial accompanied by the required filing fee. MARITZA ROMERO LOPEZ Petitioner
Failure to so appear and defend will MANUEL GUADALUPE Respondent No
This is not a complete agenda and may not reflect the order in which cases may be heard. Please call the PLANNING DIVISION at May 9,16,23,30,2003 pp D20024267 SUMMONS SHARON
740-6800 one week prior to the meeting for the correct agenda order. Publicly noticed items may be continued during the Req:MK Consultants,Inc. result in a judgment by default being DOUGLAS
Commission's meeting. If an item is continued from the Public Hearing date noted above to a future date,the new date will be smpalatine kb rendered against you for the relief
announced at the above noticed hearing. requested in the Petition. THE STATE OF ARIZONA to the above
You are required bylaw to serve a copynamed Respondent:
Please forward correspondence regarding these cases to Pima County Development Services Department,Planning Division,201 q I.A Petition for[x]Dissolution[)Legal
North Stone Avenue,Second Floor,Tucson,Arizona 85701 by noon(12:00 P.M.),Monday,MAY 26,2003 in order to have materials WWW.AZBIZ.COM
submitted to the Commission at the start of the meeting on WEDNESDAY,MAY 28,2003. Separation[]Annulment[]Other:_has
Individuals with disabilities who require accommodations, including auxiliary aids or services, for effective participation and
communication in the meeting may call the Planning Division at(520)740-6800 at least one week prior to the meeting. Our meeting site NOTICE OF PUBLIC HEARING
is wheelchair accessible. . . . BEFORE THE ORO VALLEY
AND BOARD OF ADJUSTMENT
PUBLIC HEARING WILL BE HELD BY THE PIMA COUNTY BOARD OF SUPERVISORS ON TUESDAY,JUNE 17,2003, at or after In accordance with Sec.1-708 of the Oro Valley Zoning Code Revised and Arizona Revised Statutes Sec.9-462.06,
9:00 a.m.in the Board of Supervisors Hearing Room,First Floor,Administration Building,130 West Congress Street,Tucson,Arizona. NOTICE IS HEREBY GIVEN that the Oro Valley Board of Adjustment will hold a public hearing on Tuesday, May 27, 2003,
This is not a complete agenda and does not reflect in the order in which the cases will be heard. commencing at or after 3:00 p.m.The meeting will be held at the Oro Valley Town Hall, 11000 N.La Canada Drive and the subject
ZONING CODE TEXT AMENDMENT matter will be as further described below:
. FOR NEW PUBLIC HEARING OV10-03-02:PATIO POOLS-MIKE JURADO, 6320 N. ORACLE ROAD, TUCSON, AZ 85704, REQUEST FOR VARIANCE TO
Co8-02-04 RECREATION AREA IN SUBDIVISION AND RECREATION AREA DESIGN MANUAL REDUCE THE REQUIRED 30'FRONT YARD SETBACK TO 20'. SUBJECT PROPERTY:668 W.SOARING HAWK PLACE,ORO
An Ordinance of the Board of Supervisors of Pima County,Arizona;Relating to Zoning;amending the Pima County Code(Title 18)by VALLEY,AZ.,SUNRIDGE II SUBDIVISION,LOT 52(219-50-0600).
Establishing Standards for Residential Recreation Areas in Subdivisions(Chapter 18.69 Subdivision Standards)and Amending General The applicant requests to reduce the front yard setback from 30'to 20',to allow for a pool in the front yard.
Residential and Rural Zoning Provisions(Chapter 18.09 General Residential and Rural Zoning Provisions)and Development Plan Site plans are available for review during normal business hours at the Oro Valley Town Hall,Development Service Center. Persons
Standards(Chapter 18.71 Development Plan Standards). (All Districts) interested may appear in person,by agent or attorney,and the petitioners must appear or be represented.Any person seeking further
DONE BY ORDER OF THE PIMA COUNTY BOARD OF SUPERVISORS THIS 30TH OF APRIL,2003. Jim Mazzocco,Executive information on this request for a variance may contact Dee Widero at 229-4812 or E-mail:dwidero@orovalley.net.
Secretary;Pima County Planning and Zoning Commission.Telephone:Development Services Department,Planning Division:740- REQ: Bryant M.Nodine,AICP Planning and Zoning Administrator
6800. Pub:The Daily Territorial
PUBLISH:The Daily Territorial May 9,2003
May 9,2003 Req:Town of Oro Valley
pnrecreation kb pnovl0-03-02 kb
I I I I
":: ---:.-'. '' -'''' ''.:-..."';.''.,'.,•••,,,,..-;,,,--1.!,...,,,.:.--__._ i,
TOWN OF ORO VALLEY ' '',"''''''-',..v.' ',L•':', --It .17;
11000 N. La Canada Dr. i • • , •,-,,,, :::, ,; ,,, ,,.„.) ,:,,,,t,,,,,, -----
Oro Valley, AZ gfl OW TO SEM ER NOT rigLIVERaLi in PDDREsSa
- - •i.„tlifs:IF" •.* ,..„.
e.:,:3,,2. .,.•, Lf...:_:_;_......._:....... . * .,,.
TUCSON, AZ
219500420
FREDRICKSON JAMES D&COLETTE JT/RS f
9733 E BURNETT 4
TUCSON AZ
85730-0000
FHEU/.33 eibi.Joaoav 11:3,.. 11 05/09/03
RETURN TO SENDER
FREDRICKSON
MOVED LEFT NO ADDRESS
UNABLE TO FORWARD
RETURN TO SENDER
:30 4
•
AGENDA
ORO VALLEY BOARD OF ADJUSTMENT
May 27, 2003
Oro Valley Town Hall Council Chambers
11,000 N. La Canada Drive
CALL TO ORDER: at or after 3:00 p.m.
ROLL CALL
MINUTES Approval of the Special Session Minutes of January 28,2003
AT THE CALL OF THE CHAIR,THE AGENDA ITEMS MAY BE TAKEN IN ANY ORDER, AS DEEMED
APPROPRIATE.
PUBLIC HEARINGS:
1. Case No. OV10-03-02 Patio Pools, Mike Jurado, 6320 N. Oracle Road, Tucson, AZ
85704, Representing Ron and Rosemary Brown, request for a variance to reduce
the required front yard setback for Sunridge II Subdivision, Lot 52. Subject
property: (Parcel #219-50-0600) 668 W. Soaring Hawk Place, Oro Valley, AZ 84737.
2. Case No. OV10-03-03 Randy and Karen Barbera, 11113 N. Guava Drive, Oro
Valley, AZ 85737, request for a variance to reduce the required side yard setback
for Monte Del Oro Subdivision, Lot 87. Subject property: (Parcel #224-27-1990)
11113 N. Guava Drive, Oro Valley, AZ 85737
PLANNING AND ZONING UPDATE
ADJOURNMENT
A packet of agenda materials, as listed above, is available for public inspection at least 24 hours prior to the
BOA meeting in the Town Hall Administration Building,during regular business hours.
The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If a disabled person planning
to attend this meeting requires any special accommodations,please notify the Town Clerk at 297-2591.
NOTICE TO SPEAKERS
Members of the public have the right to speak during any posted public hearing; however, those items not
listed as a public hearing are for consideration and action by the Board during the course of its business
meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair.
If you wish to address the Board on any item(s)on this agenda, please complete a speaker card located on the
Agenda table at the back of the room and give it to the Clerk of the Board. Please indicate on the speaker card
which item number and topic you wish to speak on.
Please step forward to the podium when the Chair announces the item(s) on the agenda, which you are
interested in addressing.
Posted: 5/23/03
4:00 p.m.
Ih
F:\Agendas\BoA\BOA Meeting 10/03/003doc
MINUTES
ORO VALLEY BOARD OF ADJUSTMENT
MAY 27, 2003
ORO VALLEY TOWN COUNCIL CHAMBERS
11,000 N. LA CANADA DRIVE
CALL TO ORDER: 3:04 p.m.
ROLL CALL
PRESENT: Bill Adler, Vice Chairman
Lyra Done, Member
Bart Schannep, Member
Colleen Kessler, Member
EXCUSED: Cindy Lewis, Chairperson
STAFF PRESENT: Bryant Nodine, Planning and Zoning Administrator
Dee Widero, Senior Zoning Inspector
Linda Hersha, Secretary II
Mark Langlitz, Town Attorney
MINUTES
MOTION: Vice Chairman Adler moved to APPROVE the Regular Session minutes of January
28, 2003 with the correction noted. Motion SECONDED by Member Done. Motion carried, 4-0.
1. CASE NO. OV10-03-02 PATIO POOLS,MIKE JURADO, 6320 NORTH ORACLE
ROAD, TUCSON,AZ 85704, REPRESENTING RON AND ROSEMARY BROWN,
REQUEST FOR A VARIANCE TO REDUCE THE REQUIRED FRONT YARD
SETBACK FOR SUNRIDGE II SUBDIVISION,LOT 52. SUBJECT PROPERTY:
(PARCEL #219-50-0600) 669 WEST SOARING HAWK PLACE, ORO VALLEY, AZ
85737
Vice Chairman Adler swore in the witness that was intending to testify.
Mike Jurado,representing the applicants, explained that the back yard was toward the street, and the
front entry was to the rear of the lot; therefore, the home was reversed and there was no other
alternative to build a pool and spa.
Vice Chairman Adler pointed out that the application did reflect that the Brown's were intending to
use their pool and spa for therapeutic reasons as well as recreational purposes. He asked if the
Browns had any medical condition.
Mr. Jurado explained that the Browns were fairly healthy people but would use the pool and spa for
the exercise.
Dee Widero, Senior Zoning Inspector, reviewed the staff report. She explained that Ron and
Rosemary Brown, have requested to reduce the front yard setback from 30 feet to 20 feet for a pool.
05/27/03 Minutes, Board of Adjustment 2
She reported that at the time of this report preparation, staff has not received any public comment in
support of or in opposition to the request. She reported that Lot 52 consists of 25,147 square feet in
area. She explained that the home was turned in reverse to accommodate for views. Also, she
explained that there was a slight amount of drainage that runs from the rear of the lot to the front
and across, limiting any variation for location of a pool without disturbing the natural flow of
drainage.
Staff finding of fact:
• Due to the location and design of the home when built, the proposed pool is desired to be
placed in the front yard. There are limits of grading for this subdivision that allow 10,000
square feet and a maximum of no more than 12,000 square feet. This home, when approved
was allowed 10,900, the front has already been disturbed per approved plans. The Town
would like to see no further disturbance.
Vice Chairman Adler opened the public hearing. There being no speakers, Vice Chairman Adler
closed the public hearing.
MOTION: Member Schannep moved to APPROVE Case No. OV10-03-02, a request to reduce
the front yard setback from the required 30 feet to 20 feet. Member Kessler SECONDED the
motion.
Discussion: Member Done asked if there was any possible way the pool could be moved closer to
the drainage.
Mr. Jurado explained that he has offered alternative designs with the pool and spa connected but the
owners disapproved because it would be placed to close to the home.
Vice Chairman Adler stated that the design of the home was the difficulty and not the topography of
the property. He explained that a variance to the Zoning Code is granted when a hardship has
prevented reasonable use of the land. He said that this was clearly not the case and a pool could be
designed to fit on the property and that Finding#3 had not been met. Therefore, he intended to vote
against the motion.
ROLL CALL VOTE
Vice Chairman Adler—nay
Member Schannep— aye
Member Kessler—aye
Member Done— aye
Motion carried, 3-1, Vice Chairman Adler opposed.
2. CASE NO. OV10-03-03 RANDY AND KAREN BARBERA, 11113 NORTH GUAVA
DRIVE, ORO VALLEY, AZ 85737,REQUEST FOR A VARIANCE TO REDUCE THE
REQUIRED SIDE YARD SETBACK FOR MONTE DEL ORO SUBDIVISION, LOT 87.
SUBJECT PROPERTY: (PARCEL #224-27-1990) 11113 NORTH GUAVA DRIVE, ORO
VALLEY, AZ 85737
Vice Chairman Adler swore in the witness that was intending to testify.
05/27/03 Minutes, Board of Adjustment 3
Karen Barbera, 11113 North Guava Drive, Oro Valley, Arizona, explained that she was requesting a
15 feet variance to the current south side set back allowance of 20 feet for the addition of a pool.
She explained that the main purpose for the pool was for her children.
In answer to a question from Member Schannep, Mrs. Barbera reported that the pool would be
positioned at least 5 feet from the property line. She explained that to move the pool further west
would make it difficult to monitor the children from indoors because the pool would be situated too
high.
Vice Chairman Adler asked if the patio area could be reduced in size to allow a pool to be placed
within the setbacks.
Mrs. Barbera explained that the yard could not be graded down equally to the patio and remain in
compliance with the Zoning Code,but that it would be a nice alternative.
Dee Widero, Senior Zoning Inspector, reviewed the staff report. She reported that Randy and
Karen Barbera, have requested to reduce the side yard setback from 20 feet to 5 feet for a pool at the
southwest portion of their lot. She explained that to construct the pool in the location Mr. &Mr.
Barbera are requesting would require a variance approval in order to be in compliance. She
reported that Lot 87 consists of slightly over 1 acre in area; the topography is hilly with anywhere
from 15% to over 25% slope in the area. She explained that to place the pool in the requested area
would require a cut of 3 feet from natural grade. She reported that the home was built
approximately 11 years ago, four years after Monte Del Oro was annexed into Oro Valley.
Staff finding of facts:
• Due to the topographic constraints of this site, the location and design of the home when
built, the proposed pool will lie 5 feet from the property line if approved.
• The home was originally built in 1991; the applicant bought their home in 2002 and became
aware of the pool restrictions after their purchase.
• There are other locations on the site that would comply with the code; the applicant has
explained in the narrative why those locations are not feasible for them.
Vice Chairman Adler opened the public hearing and swore in the witness that was intending to
testify.
Jim Sheehy, 11090 North Poinsettia, explained that privacy was a very important issue and the pool
would be somewhat of an invasion if it were constructed as proposed. He explained that the
Barbera's home did sit on an acre or more of land; therefore, should be capable of developing other
alternatives.
Vice Chairman Adler closed the public hearing.
Mrs. Barbera explained that Mr. Sheehy would not be impacted by the pool what-so-ever but
appreciated his point of view.
MOTION: Vice Chairman Adler moved to DENY the request for variance for Case No. OV 10-03-
03, finding that the request for variance did not meet the required legal standard the Board of
Adjustment is required to use. Member Schannep SECONDED the motion.
7
05/27/03 Minutes, Board of Adjustment 4
Discussion: Member Kessler stated that there were alternatives. They could install a smaller pool
but they should continue to seek other alternatives.
ROLL CALL VOTE
Vice Chairman Adler— aye
Member Schannep — aye
Member Kessler— aye
Member Done— aye
Motion to deny the request for Case No. OV 10-03-03, carried, 4-0.
PLANNING AND ZONING UPDATE
Bryant Nodine, Planning and Zoning Administrator, gave an update of upcoming meetings. He
reported that the Town Council would be considering the Proposed General Plan at a public hearing
on Thursday, May 29th, 2003, and that Town Council has approved a new fee schedule relating to
Development Review fees. He added that the interviews for the Board of Adjustment will be
scheduled the 1st, 2nd and 3rd week in June.
The following topics were discussed:
• The evaluation of a Board of Adjustment applicant or member.
• The Board of Adjustment application revisions.
• What level of immunity does the Board of Adjustment have in terms of liabilities legally?
ADJOURNMENT
MOTION: Member Done moved to adjourn the meeting at 4:04 p.m. Member Kessler seconded
the motion. Motion carried, 4-0.
Respectfully submitted,
fi
ZI 5V-/Adt4C)
Linda Hersha, Secretary II