HomeMy WebLinkAboutOV100305 44 •
3
DRAFT
MINUTES
ORO VALLEY BOARD OF ADJUSTMENT
SEPTEMBER 23, 2003
ORO VALLEY TOWN HALL COUNCIL CHAMBERS
11,000 N. LA CANADA DRIVE
REGULAR SESSION CALL TO ORDER: 3:02 p.m.
ROLL CALL
PRESENT: Bill Adler, Chairman
Lyra Done, Vice Chairperson
Bart Schannep, Member
Colleen Kessler, Member
Cindy Lewis, Chairperson
EXECUTIVE SESSION AT 3:05 p.m.
1. REQUEST TO THE TOWN ATTORNEY FOR CLARIFICATION ON
THE ORO VALLEY ZONING CODE REVISED SECTION 1-709.A,
FINDINGS. Specifically, does the term "property", and by extension the
term "special circumstances or conditions", in the referenced section apply to
just the land or does it include improvements.
Mark Langlitz, Town Attorney, Bryant Nodine,Planning and Zoning Administrator and
Dee Widero, Senior Zoning Inspector were in attendance for the Executive Session.
MOTION: Vice Chairperson Done moved to go into executive session at 3:05 p.m.
Member Lewis SECONDED the motion. Motion carried, 5-0.
MOTION: Member Done moved to go out of executive session at 4:48 p.m. Member
Kessler SECONDED the motion. Motion carried, 5-0.
REGULAR SESSION RESUME AT 3:50 p.m.
ROLL CALL
PRESENT: Bill Adler, Chairman
Lyra Done, Vice Chairperson
Bart Schannep, Member
Colleen Kessler,Member
Cindy Lewis, Chairperson
MINUTES: Approval of the August 26, 2003 regular meeting minutes.
� •
09/23/03 Minutes 2
Board of Adjustment
Regular Session
Motion: Member Schannep moved to APPROVE the August 26, 2003 regular session
meeting with the corrections noted. Member Kessler SECONDED the motion. Motion
carried, 5-0.
PLANNING AND ZONING UPDATE
Bryant Nodine, Planning and Zoning Administrator gave an update for the following
projects:
• Steam Pump Ranch enhancements will be submitted to the Planning and
Zoning Commission in November.
• The General Plan election will take place on November 4th .
• Commercial Code Changes and Environmently Sensitive Lands Ordinance
are due for review.
• The Sign Code was under consideration for changes.
• The Capital Improvement Plan process starts in October.
• The Citizen's Planning Institute will start in October.
ADJOURNMENT
MOTION: Vice Chairperson Done moved to ADJOURN the meeting at 4:10 p.m.
Member Kessler SECONDED the motion. Motion carried, 5-0.
Respectfully submitted,
Linda Hersha. Secretary II
AFFIDAVIT O DUBLICATION
•
'STATE OF ARIZONA)
�►` :ss.
COUNTY OF PIMA )
SHAUN i MEEK IN being first
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
0VIC-03-05
PUBLIC NOTICE
was printed and published correctly in the regular and entire issue of said THE
1
DAILY TERRITORIAL for issues; that was first made
10th OCTOBER 03
on the day of 10th 20
and the last publication thereof was made on the day of
OCTOBER 03
20 ; that said publication
v�i ,T6d each of the following dates, to-wit:
Request of
.TOWN or ORO ,;.VALLEY
Daily Territorial
f y�ti
Subscribed and sw.g.rn to before me this day of
1Ot .)CTOBE `
20
03
Notary p)blic S '"a
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Abard r t, e Countyo'T Pima. State of Arizona
af1�
Expires JUn Y McCombs
My Commission Expires: a 07 ',/,
NOTICE OF PUBLIC HEE RING
`I BEFORE THE ORO VALLEY BOARD 0 ADJU'.ffMENT
♦In accordance with Sec.1-708 of the Oro Valley Zoning Code Revised and Arizon-
Revised Statutes Sec.9-462.06,
NOTICE IS HEREBY GIVEN that the Oro Valley Board of Adjustment will hold a pub
lic hearing on Tuesday,October 28,2003, commencing at or after 3:00 p.m.Th-
eating will be held at the Oro Valley Town Hall,11000 N.La Canada Drive and tho
ubject matter will be as further described below:
OV10-03-05:RONALD R. & GWENDOLYN O'NEIL,740 W. BANGALOR DRIVE,
ORO VALLEY, AZ 85705, REQUEST FOR VARIANCE TO REDUCE THE RE
•UIRED 15'SIDE YARD SETBACK TO 11'. SUBJECT PROPERTY:ORO VALLE
ESTATES SUBDIVISION,LOT 77(224-24-0770),600 W.ATUA PLACE,ORO VAL
LEY,AZ.
he applicant requests to reduce the side yard setback from 15'to 11',to allow fo
emodeling and a garage addition.
Site plans are available for review during normal business hours at the Oro Valle
own Hall,Development Service Center. Persons interested may appear in person,
•y agent or attorney,and the petitioners must appear or be represented.Any perso
eeking further information on this request for a variance may contact Dee Widero a.
'29-4812 or E-mail:dwidero@orovalley.net.REQ: Bryant M.Nodine,AICP
Pub:The Daily Territorial
•ctober 10,2003
Req:Town of Oro Valley
pnovl0-03-05 kb
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, October 28, 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:
OV10-03-05: RONALD R. & GWENDOLYN O'NEIL, 740 W. BANGALOR
DRIVE, ORO VALLEY, AZ 85705, REQUEST FOR VARIANCE
TO REDUCE THE REQUIRED 15' SIDE YARD SETBACK TO 11'.
SUBJECT PROPERTY: ORO VALLEY ESTATES SUBDIVISION,
LOT 77 (224-34-0770), 600 W. ATUA PLACE, ORO VALLEY, AZ.
The applicant requests to reduce the side yard setback from 15' to 11', to allow for
remodeling and a garage addition.
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.
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OCTOBER 10, 2003 The Daily Territorial
Sum m o n s NOTICE OF TRUSTEE'S SALE File ID. utilities in, over and upon the East 15 Superior Court Building, 110 W.
#03-04481 Parra feet of said West half of the East half; Congress, Tucson, AZ. Legal
0000960005/0000960005 Title No: EXCEPT the North 30 feet'and the Description: That portion of the
I A lawsuit has been filed against you. 3654479 FHANA No:--Notice is hereby South 329.71 feet thereof. The street southwest quarter of section 30,
II If you do not want a Judgment taken given that Michael A. Bosco, Jr., address/location of the real property Township 17 south,range 15 east,Gila
against you for the relief demanded in Attorney at Law, as trustee (or described above is purported to be: and Salt River Base and Meridian,Pima
the accompanying Complaint,you must successor trustee, or substituted 5251 W.Elvado Rd.Tucson,AZ-85746 County,Arizona,and being within lot 44,
file a Response in writing in the Office of trustee), pursuant to the Deed of Trust Tax Parcel No.: 210-25-040D The La Entrada, as shown on record of
the Clerk of the Superior Court, 110 W. which had an original balance of undersigned Trustee disclaims any survey filed in the Pima County
Congress, Tucson, Arizona $52,500.00 executed by Ramon A.Parra• liability for any incorrectness of the street Recorders Office in book 5, page 47,
accompanied by the necessary filing fee. and Maria I. Parra, husband and wife, address and other common designation, described as follows: Commencing at
A copy of the Response must also be 5251 W.Elvado Rd.Tucson,AZ 85746, if any, shown herein. The beneficiary the northeast corner of said lot 44;
mailed to the plaintiff/attorney whose dated May 19, 1998 and recorded June under the aforementioned Deed of Trust thence along the east line of said lot 44,
name appears below, 11, 1998, as Instrument No./Docket- has accelerated the Note secured south 00 degrees 00' 19"east 675 18
III The Response must be filed within Page 10815-123 of Official Records in thereby and has declared the entire feet; thence north 89 degrees 59' 53"
TWENTY DAYS,exclusive of the date of the office of the County Recorder of unpaid principal balance,as well as any west 818.46 feet to the point of
service, if served within the State of Pima County, State of Arizona,will sell and all other amounts due in connection beginning;thence south 00 degrees 00'
Arizona, or within THIRTY DAYS, the real property described herein by with said Note and/or Deed of Trust, 05"west 550.15 feet to the south line of
exclusive of the date of service,if served public auction on December 23,2003 at immediately due and payable.Said sale said lot 44;thence along said south line,
outside the State of Arizona. 11:30 AM,outside the East door of the will be made in an"as is"condition,but north 89 degrees 59' 46" west 272.62
IV This is a legal document.If you do not new Courts Building, 110 West without covenant or warranty,express or feet; thence north 00 degrees 00'36"
understand its consequences, you Congress,Tucson,AZ. ,to the highest implied, regarding title, possession or west 660.14 feet; thence south 89
should seek the advice of an attorney. bidder for cash(in the forms which are encumbrances, to satisfy the degrees 59'53"east 272.75 feet to the
WITNESS My Hand and the Seal of the lawful tender in the United States and indebtedness secured by said Deed of point of beginning. Subject to and
Superior Court. acceptable to the Trustee, payable in Trust,advances thereunder,with interest together with an easement for ingress,
DATED:FEB 27 2003 CLERK OF THE accordance with ARS 33-811A),all right, as provided therein, and the unpaid egress and utilities over the north 15 feet
SUPERIOR COURT PATRICIA A. title, and interest conveyed to and now principal balance of the Note secured by of the south half of said lot 44 and the
NOLAND Michael Muske (SUPERIOR held by it under said Deed of Trust, in said Deed of Trust with interest thereon south 15 feet of the north half of said lot
COURT SEAL) the property situated in said County and as proved in said Note, plus fees, 44. Purported Street Address:18263 S.
Pub:The Daily Territorial State and more fully described as:The charges and expenses of the Trustee Wilmot Road Sahuarita,AZ 85629 Tax
September 26,2003 South 329.71 feet of the West half of the and of the trusts created by said Deed of Parcel Number: 30522133B9 Original
October 3,10,17,2003 East half of the Southeast quarter of the Trust. Current Beneficiary: Mortgage Principal Balance: $121,750.00 Name
Req:Valenzuela&Aguilar,Atty. Southwest quarter of the Southwest Electronic Registration Systems, Inc. And Address Of Current Beneficiary:
smmontiJo kh quarter of Section 13, Township 15 Care of/Servicer Household Mortgage ABN AMR()Mortgage Group, Inc 7159
South, Range 12 East of the Gila and Services, Inc. c/o Fidelity National Corklan Drive Jacksonville, FL 32258
Salt River Base and Meridian, Pima Foreclosure Solutions 1270 Northland Phone Number: 904.288.5418 Name
Trustee Sales County,Arizona;TOGETHER WITH an Drive, Ste. 200 Mendota Heights, MN and Address of Original trustor:Anna R.
easement for ingress, egress and 55120 Current Trustee: Michael A Parra and Emesto G. Parra, wife and
Bosco, 1850 N.Central,#500 Phoenix, husband 18263 S Wilmot Road
Arizona 85004(602)255-6000 Dated : Sahuarita AZ 85629 Name and Address
September 19,2003 Michael A. Bosco, . of Trustee/Agent: First American Title.
NOTICE OF PUBLIC HEARING Jr., Attorney at Law Trustee/Successor Insurance Company,as Trustee c/o Law
BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION Trustee,is qualified per ARS Section 33- Offices of Steven J. Melmet, as Agent
In accordance with ARS 9-462 and Section 3-108 of the Oro Valley Zoning Code 803(A)2 as a member of The Arizona for Trustee 2912 South Daimler Street,
Revised,NOTICE OF PUBLIC HEARING FOR TRANSLATIONAL ZONING FOR State Bar STATE OF ARIZONA County Santa Ana, CA 92705
of Maricopa This instrument was Reinstatement/Pay-off off request line:
RECENTLY ANNEXED PROPERTY BEFORE THE ORO VALLEY PLANNING
AND ZONING COMMISSION IS HEREBY GIVEN: acknowledged before me on 09/19/03, 949.622.3388 First American Title
TIME:at of after 6:00 p.m.on TUESDAY,NOVEMBER 4,2003 by MICHAEL A. BOSCO,JR., Attorney Insurance Company is a qualified trustee
PLACE:Oro Valley Town Hall,Council Chambers 11000 North La Canada Drive at Law, as Trustee/Successor Trustee. pursuant to the provisions of A.R.S.33
Oro Valley,Arizona Carrie A. Anderson, Notary Public 803 (A) (1) "An association or
SUBJECT: PUBLIC HEARING-OV9-03-26, TRANSLATIONAL ZONING OF A Commission expiration is 7/25/2007 corporation doing business under the
3.028 PARCEL FROM PIMA COUNTY CAMPUS PARK INDUSTRIAL(CPI)TO 12:00:00 AM NOTICE:This proceeding laws of this state as a....lnsurance
ORO VALLEY TECHNOLOGY PARK(TP)ZONE,LOCATED ON THE EAST SIDE is an effort collect a debt on behalf of the Company..." Dated: 7/29/2003 First
beneficiary under the referenced Deed American Title Insurance.Company By:
OF ORACLE ROAD JUST NORTH OF HONEYWELL AND KNOWN AS THE
of Trust.Any information obtained will be Luis Cerda,Assist.Sec P203469.
SHURGARD STORAGE PROPERTY,PARCELS 220-040-10N AND 220-110-760
The property was annexed to the Town on June 25,2003 and,in accordance with used for that purpose.Unless the loan is Pub:The Daily Territorial
State Statutes, the Town is required to change or "translate" the zoning on reinstated, this Trustee's Sale October 10,17,24,31,2003
Proceedings will result in foreclosure of Req:Priority Posting&Publishing
annexed properties to the closest comparable zoning district within the new
jurisdiction. the subject property.ASAP560595 trparra kb
Members of the public are invited to attend this meeting and will be given an Pub:The Daily Territorial
opportunity to speak. An agenda for the meeting will be made available 24 hours October 10,17,24,31,2003
you have anyReq:A.S.A.P.
prior to meeting time. Should
questions regarding this matter, trparra kb NOTICE OF TRUSTEE'S SALE File ID.
please contact Bob Conant,Planner II at 229-4822 or bconant@orovalley.net./s/ #03-01756 Ortega Notice is hereby
Bayer Vella,AICP Senior Planner given that Michael A. Bosco, Jr.,
Pub:The Daily Territorial Attorney at Law, as trustee (or
October 10,2003
Req:Town of Oro Valley Trustee's Sale No. 200303268-14218 successor trustee, or substituted
trustee), pursuant to the Deed of Trust
pnov9-03-26 kb Title Order No. Loan # 0622155006 which had an original balance of
Investor No 720514289 Notice Of $117,800.00 executed by Daniel Ortega,
Trustee's Sale The following legally an unmarried man,4582 W.Vander Bie
described trust property will be sold, Lane Tucson,AZ 85741,dated May 15,
NOTICE OF PIMA COUNTY pursuant to the power of sale under that
PLANNING AND ZONING COMMISSION certain Deed of Trust recorded on 2001 and recorded June 1, 2001, as
PUBLIC HEARING 4/25/2002, as Instrument No. Instrument No./Docket-Page 11561-
PUBLIC HEARING WILL BE HELD by the PIMA COUNTY PLANNING AND ZONING 20020800569, in book 11786, on page 1901 of Official Records in the office of
COMMISSION on WEDNESDAY, OCTOBER 29, 2003 at or after 9:00 a.m. at the 1945, of official records in the office of the County Recorder of Pima County,
City/County Public Works Building, 201 North Stone Avenue, Conference Room 'C', the recorder of Pima County,Arizona at State of Arizona, will sell the real •
Tucson,Arizona. property described herein by public
public auction to the highest bidder:Sale auction on October 10, 2003 at 11:30
This is not a complete agenda and may not reflect the order in which cases may be date and time: 11[7/2003 sale will
heard. Please call the PLANNING DIVISION at 740-6800 one week prior to the meeting postpose to 11/10/03 at 11:30 AM Sale AM, outside the East door of the new
for the correct agenda order. Publicly noticed items may be continued during the Location: At the East Steps of the Courts Building, 110 West Congress,
Commission's meeting. If an item is continued from the Public Hearing date noted
above to a future date,the new date will be announced at the above noticed hearing.
Please forward correspondence regarding these cases to Pima County Development
Services Department, Planning Division, 201 North Stone Avenue, Second Floor,
Tucson,Arizona 85701 by noon(12:00 P.M.),Monday,OCTOBER 27,2003 in order to NOTICE OF PUBLIC HEARING
have materials submitted to the Commission at the start of-the meeting on BEFORE THE ORO VALLEY BOARD OF ADJUSTMENT
WEDNESDAY,OCTOBER 29,2003. In accordance with Sec.1-708 of the Oro Valley Zoning Code Revised and Arizona
Individuals with disabilities who require accommodations, including auxiliary aids or Revised Statutes Sec.9-462.06,
services, for effective participation and communication in the meeting may call the NOTICE IS HEREBY GIVEN that the Oro Valley Board of Adjustment will hold a
Planning Division at(520)740-6800 at least one week prior to the meeting. Our meeting public hearing on Tuesday,October 28,2003,commencing at or after 3:00 p.m.
site is wheelchair accessible. The meeting will be held at the Oro Valley Town Hall,11000 N.La Canada Drive
AND and the subject,matter will be as further described below:
PUBLIC HEARING WILL BE HELD BY THE PIMA COUNTY BOARD OF 0-V10-03-05:R NALD R.&GWENDOLYN O'NEIL,740 W.BANGALOR DRIVE,
SUPERVISORS ON MONDAY,NOVEMBER 4,2003, at or after 9:00 a.m.in the Board , AZ 85705, REQUEST FOR VARIANCE TO REDUCE THE
of Supervisors Hearing Room,First Floor,Administration Building,130 West Congress REQUIRED 15'SIDE YARD SETBACK TO 11'. SUBJECT PROPERTY:ORO
Street,Tucson,Arizona. This is not a complete agenda and does not reflect in the order VALLEY ESTATES SUBDIVISION,LOT 77(224-24-0770),600 W.ATUA PLACE,
in which the cases will be heard. ORO VALLEY,AZ.
ZONING CODE TEXT AMENDMENT FOR NEW PUBLIC HEARING The applicant requests to reduce the side yard setback from 15'to 11',to allow for
Co8-02-06 NEIGHBORHOOD ASSISTED LIVING CENTER (CHAPTER 18.03,18.13, remodeling and a garage addition.
18.14,18.17,18.18,18.21) Site plans are available for review during normal business hours at the Oro Valley
An ordinance of the Board of Supervisors of Pima County,Arizona; relating to zoning; Town Hall, Development Service Center. Persons interested may appear in
by amending the Pima County Code by adding neighborhood assisted living center to person,by agent or attorney,and the petitioners must appear or be represented.
Chapter 18.03(General Definitions);and adding neighborhood assisted living center as Any person seeking further information on this request for a variance may contact
a permitted or c6nditional use to Chapter 18.13(Rural Homestead Zone);Chapter 18.14 Dee Widero at 229-4812 or E-mail: dwidero@orovalley.net. REQ: Bryant M.
(Rural Residential:Zone); Chapter 18.17 (Suburban Ranch Zone);18.18 (Suburban Nodine,AICP
Ranch Estates Zone);and Chapter 18.21(Single Family Residence Zone). (All Districts) Pub:The Daily Territorial
DONE BY ORDER OFTHE PIMA COUNTY PLANNING AND ZONING COMMISSION October 10,2003 V
THIS 24TH DAY OF SEPTEMBER, 2003. Jim Mazzocco,Executive Secretary;Pima Req:Town of Ord Vall�y'11,
County Planning and Zoning Commission. Telephone: 740-6800 pnovl0-03-05 lAb'\; �l
PUBLISH:The Daily Territorial \
October 10,2003 v
pnneighborhood kb
ORO VALLEY PLANNING AND ZONING DIVISION
BOARD OF ADJUSTMENT REPORT
CASE NO: OV 10-03-05
Hearing Date: October 28,2003
Agenda Item No.: 1
Prepared By: Dee Widero, Senior Zoning Inspector
REQUEST: RONALD R. & GWENDOLYN O'NEIL, 740 W. BANGALOR DRIVE, ORO
VALLEY, AZ 85737, REQUEST FOR A VARIANCE TO REDUCE THE
REQUIRED 15' SIDE YARD SETBACK FOR ORO VALLEY ESTATES
SUBDIVISION,LOT 77. SUBJECT PROPERTY: (PARCEL 224-34-0770) 600
W.ATUA PLACE,ORO VALLEY,AZ 85737.
REQUEST SPECIFICS:
Ronald O'Neil is requesting to reduce the side yard setback from 15' to 11', to add a third car
garage to an existing two car garage. The original home was built in 1982. Mr. O'Neil proposes
to remodel the home and add den and bath, the additional garage is the only portion in need of a
variance.
SITE LOCATION:
This site is located in the Oro Valley Estates subdivision. The site can be reached by traveling north
on Oracle to Linda Vista Boulevard turn west(left)travel approximately 1 mile, turn north(right)on
Calle Buena Vista to Valle del Oro Road turn right go to the first street which is Atua Place. Subject
property is the second lot on the left.
NOTIFICATION:
All property owners within 300 feet of this property were notified by mailing of this hearing. The
property is posted with a notice of hearing and the hearing was advertised in the Daily Territorial. At
the time of this report preparation, staff has not received any public comment in support of or in
opposition to the request.
SITE ANALYSIS:
Oro Valley Estates is 235-lot subdivision,recorded in February 1954, included as part of the original
town limits, and is zoned R1-36. It lies south of the Canada Del Oro wash and Lambert Land. To
the east lies Valoro Estates, zoned R1-43, and Oro Valley Heights, zoned R1-43, south is Linda
Vista Citrus Tracts #2, zoned R1-144. Lot 77 consists of 39,200 square feet in total area; the
topography for this lot, drops off drastically from the building pad area for the existing home, as
shown on the site/grading plan.
PLAN ANALYSIS:
The applicant is proposing to reduce the side yard from the required 15' to 11' from the side property
line for a portion of the third car garage. Mr. O'Neil will be remodeling and adding on to this home,
only a portion of the garage requires approval for encroachment. There is an existing pool and privacy
wall that will remain. Staff reviewed for other options,but did not find an alternative.
SUMMARY:
Staff finding of facts:
• Further expansion into the hill would cause unsightly disturbance, due to topography.
• The home was built in 1982; the applicant purchased it in 2003.
The Board of Adjustment should consider the following findings in making its decision:
A. That there are special circumstances or conditions applying to the property referred to
in the application including its size, shape, topography, location or surroundings
which do not apply to other properties in the district; and
B. That special circumstances were not created by the owner or applicant; and
C. That the authorizing of the variance is necessary for the preservation and enjoyment
of substantial property rights; and
D. That any variance granted imposes such 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; and
E. That the authorizing of the variance will not be materially detrimental to persons
residing in the vicinity, to adjacent property,to the neighborhood or the public
welfare in general.
SUGGESTED MOTION:
The Board may wish to consider the following motions:
I move to approve OV10-03-05, a request to reduce the side yard setback from the required 15 feet
to 11 feet.
OR
I move to approve OV 10-03-05 as submitted by the applicant with the following stipulations:
(Staff does not have any stipulations to recommend).
2
OR
I move to deny OV 10-03-05 finding that: (Board to state reason why the variance cannot be granted).
ATTACHMENTS:
1. BOA application with narrative
2. Location map
3. Site plan
4. Elevation plan
F:\OV\OV 10\2003\10-03-05\REPORT.doc
3
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LLEY R
QO JA A'�oy TOWN OF ORO VALLEY
PLANNING &ZONING DIVISION
• ALL , . 11,000 N. LA CANADA DRIVE,ORO VALLEY AZ 85737
�-�• Phone: (520)229-4800 Fax: (520)742-1022
F�NDED9�s
BOARD OF ADJUSTMENT APPLICATION
FOR: X Zoning Variance
Zoning Interpretation
Appeal of Administrative Decision CASE NO.: Q i f/() - O 3 -CJS
NATURE OF REQUEST: See cover letter
APPLICANT: Ronald R. & Gwendolyn O'Neil
PHONE/FAX498-1040 / 498-1041 •
ADDRESS: 740 West Bangalor Drive, Oro Valley, Az. 85737
OWNER: same
ADDRESS:
PARCEL NUMBER: 224-34-0770
PROPERTY LOCATION/ADDRESS: 600 Atua Place
LEGAL DESCRIPTION: Lot 77 Oro Valley Es4 tes
ACREAGE: 37,710 Sq. Ft. / R136 CURRENT ZONING:APPLICABLE FEE on,D
ATTACHMENTS: Cover Letter
15 copies Plot Plans & 15 copies elevations
SIGNATURE O P T (AND ALSO PRINT NAME) DATE
---7""er.(! );---2)
Ronald R. O'Neil 9/11/2003
TC VN OF ORO VALLE Ir
PLANNING DEPARTMENT
11000 N.LA CANADA DRIVE ORO VALLEY,AZ 85737
PHONE: 229-4800 FAX: 742-1022
RECEIPT
******************************************************************************
REFERENCE NUMBER: DS0300484 RECEIPT #03P00523
SITE ADDRESS: 600 W ATUA PL OV TAXCODE: 224-34-0770
DATE: 09/11/2003 TIME: 02:24 PM
COMP TYPE: MISCELLANEOUS RECEIPT TYPE:
DESCRIPTION: ZONING VARIANCE 600 W ATUA PLACE
APPLICANT: ATUA PARTNERS OWNER:FELTY JOHN JR&JUNE R JT/RS
Notation: Receipt By:DRM
DRM
PAID BY:
Type Method Description
Amount
Payment Check 1012 600. 00
TOTAL: 600.00
FEES PAID:
Description Account Code Current Pmts
1012
ATUA PARTNERS
740 W.BANGALOR DR. BANK OF AMERICA
ORO VALLEY,AZ 85737 08104 AZ
(520)498-1040 91-170-1221
9/11/2003
ro
c
PAY TO THE
ORDER OF CITY OF ORO VALLEY
r600.00
Six Hundred and 00/1 0 0******************************************************************************************************************
DOLLARS
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MEMO
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00010120 1: L 2 2 10
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Board of Adjustments
Town of Oro Valley
Enclosed and attached are the Zoning Variance Application,petition to neighbors,
letter from Oro Valley Estates Homeowners Association, and 15 copies each of the site
plan and elevations of the building. We are seeking a variance to encroach 4 feet into the
easterly side setback at 600 W. Atua P1. in order to add to the garage.
In today's economy buyers in our neighborhood are looking to purchase a home of
3000 square feet, with 3 bedrooms plus a den, 2 V2 baths, and a 3 car garage. We plan to
enlarge the home to about 3000 feet, adding a den and bath. Upgrade the windows,
kitchens and baths. Do substantial landscape improvements to the front of the home
including a paver driveway .To make this economically feasible; we need a variance to
build the garage.
Since this is a remodel we have lost the luxury of design. The lot is unique in that the
building site is very small compared to the size of the lot. There is no other location to
build an additional garage other then adjacent to the existing garage. With a minimum of
12 feet of width required, this puts us 4 feet into the side setback.
We have taken a copy of the plan to all 17 homes within 300 feet of the project. 2
owners were out of town, all others have agreed, copy of signature page attached. We
also received enthuastic support from our Homeowner's Association Architecture
Committee and Board of Directors.
To improve the property, thereby improving the neighborhood we need to add the
garage. With the neighbor whom we share the property line, Homeowners Association
support and no objections, we ask the boards approval. This is truly a unique lot and
situation. Relief of the hardship seems appropriate.
Very Truly,
Ron and Gwen O'Neil
740 West Bangalor Drive
Oro Valley, Az. 85737
F:\ADMil FORMS\B0A.APP.doc
SUPPLEMENTAL QUESTIONS FOR APPLICATION FOR A VARIANCE
1. Identify difficulties or problems that would result from complying with the present zoning requirements.
The east side of the home is the only land that is suitable for building a garage
because of the topography. The existing build buildable pad and topography
of this lot does not allow for any alternative,
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.).
The existing house, pool, small garage, driveway and small front yard occupy roughly
26% of the total lot. The 26% includes both the east and front set backs. The remaind-
er of the lot, west and north of aforementioned representing 74%1has a gradient
ranging from 54% to 64% per Castro Engineering. The Homeowners Association rules
provide for a 20' setback. Attached is a letter from the HOA approving the plan.
3. Identify and explain any peculiar conditions in the surrounding area, which would keep you from
complying with the present zoning requirements.
No other land to the east can be acquired. The slopes to the west would prevent
an unattached garage.
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?
Most other properties in the development have substantially larger building sites
where the topography would allow other alternatives.
B. Are there special circumstances that exist that was not self imposed or created by the
owner/applicant?
The home was built in 1982 when a two car garage was standard. We purchased the home
in 2003 and if building a new home rather that remodel it could have been done
differently.
2
•
F:\ADM INFORM ST0A.APP.doc
SUPPLEMENTAL QUESTIONS FOR APPLICATION FOR A VARIANCE
1. Identify difficulties or problems that would result from complying with the present zoning requirements.
• The east side of the home is the only land that is suitable for building a garage
because of the topography. The existing build,�Auildable pad and topography
of this lot does not allow for any alternatives.
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.).
The existing house, pool, small garage, driveway and small front yard occupy roughly
26% of the total lot. The 26% includes both the east and front set backs. The remaind-
er of the lot, west and north of aforementioned representing 74%1has a gradient
ranging from 54% to 64% per Castro Engineering. The Homeowners Association rules
provide for a 20' setback. Attached is a letter from the HOA approving the plan.
3. Identify and explain any peculiar conditions in the surrounding area, which would keep you from
complying with the present zoning requirements.
No other land to the east can be acquired. The slopes to the west would prevent
an unattached garage.
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?
Most other properties in the development have substantially larger building sites
where the topography would allow other alternatives.
B. Are there special circumstances that exist that was not self imposed or created by the
owner/applicant?
The home was built in 1982 when a two car garage was standard. We purchased the home
in 2003 and if building a new home rather that remodel it could have been done
differently.
2
C. is the authorizing of the variance necessary for the preservation and enjoyment of substantial
property rights?
kea
Because of taday's lifestyles there exists a need for a larger tAiatfi two car
garage. The unavailability of reasonable on street parking creates a hardship
for the average family.
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?
_ Very few lots in the subdivision would have a similar hardship. Therefore the -
Boards will not be granting a special privilege, rather a reasonable adjustment
under the circumstances.
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.
Twelve feet is the minimum width for a garage, which puts us four feet into the
easterly side setback and keeps us one foot outside the utility easement. We have
approached fifteen of the seventeen neighbors whose properties are within three
hundred feet of our property afid shown them the plans. All have found no objection
and most enthuastically approve, including the neighbor whose property line shares
the setback. Two of the neighbors are out of town and we are still trying to contact.
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.
Any additional comments/information you wish to provide regarding your request.
3
To Whom It May Concern:
We the undersigned have no objection to Mr. and Mrs. Ronald R. O'Neil being granted a
variance to build four(4) feet into the easterly side setback of 600 Atua Place, Oro
Valley Az..
Print Name Signature Address
tAse ale- .....1. __eh., , ,
ft L or 1 Z -oP LA A---c-r A-c.I,A -€-,
Sep 10 03 •11 : 07a allied homes (52n1P82-3830 P. 1
SEP-08--2003 13:21 ,aa R. O`NE 1 L.CPA IS 406 613600 P.0 3/03
Whom
It ,4na,�'�n�tFnr-tt'
To hom dt May C n,c n;
We the undersigned have no objection to Mr. and MrG. Ronald L.
O'Neil being milted a
vari nc to build four(4) feet into the easterly side setback of 600 Atua Place, Oro
Valley Az..
Print Name
Signature Address
1 ,------, i 77 L„,
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Post-it®Fax Note 7671
Date ANIN pages
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AGENDA
ORO VALLEY BOARD OF ADJUSTMENT
OCTOBER 28, 2003
ORO VALLEY TOWN HALL COUNCIL CHAMBERS
11,000 N. LA CAN-ADA DRIVE
CALL TO ORDER: at or after 3:00 p.m.
ROLL CALL
MINUTES Approval of the Minutes of September 23, 2003
AT THE CALL OF THE CHAIR, THE AGENDA ITEMS MAY BE TAKEN IN ANY ORDER,
AS DEEMED APPROPRIATE.
PUBLIC HEARINGS:
1. Case No. OV10-03-05 Ronald R. & Gwendolyn O'Neil, 740 W. Bangalor Drive, Oro
Valley,AZ 85737, request for a variance to reduce the required side yard setback
for Oro Valley Estates Subdivision, Lot 77. Subject property: (Parcel #224-34-
0770) 600 W. Atua Place, Oro Valley, AZ 85737.
2. Case No. OV10-03-06 Ron Asta,Asta Planning& Zoning Company, 3661 N.
Campbell Avenue#108, Tucson,AZ 85719, Representing property owners,
Raymond Chavez & Rupert Keesler, request for variance to reduce the required
minimum space access allowance of 330 feet between adjacent entry access. Subject
property: (Parcel #225-51-0150), Suffolk Hills,Rosewood Point Offices, Oro Valley,
AZ 85704.
3. REQUEST TO THE TOWN ATTORNEY FOR CLARIFICATION ON THE ORO
VALLEY ZONING CODE REVISED SECTION 1-709.B, FINDINGS. Specifically,
referring to "created by the owner or applicant", does this mean the
developer/builder who built the"Model Home" or the first time buyer, from the
developer/builder?
4. REQUEST TO THE PLANNING AND ZONING ADMINISTRATOR, filing a
proper variance request, does this only occur"After the Fact", meaning prior to any
approved development or after the fact?
5. Appreciation Certificate for Lyra Done
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.
4
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: 10/24/03
4:00 p.m.
lh
•
S
MINUTES
ORO VALLEY BOARD OF ADJUSTMENT
OCTOBER 28, 2003
ORO VALLEY TOWN HALL COUNCIL CHAMBERS
11,000 N.LA CAN-ADA DRIVE
CALL TO ORDER: 3:03 p.m.
ROLL CALL
PRESENT: Bill Adler,Vice Chairman
Cindy Lewis, Member
Bart Schannep, Member
Colleen Kessler,Member
EXCUSED: Greg Marlar, Member
STAFF: Mark Langlitz, Town Attorney
Dee Widero, Senior Zoning Inspector
Patty Hayes, Zoning Inspector
MINUTES: Approval of the September 23, 2003 minutes.
MOTION: Chairman Adler approved the September 23, 2003 minutes as provided.
Chairman Adler moved Item 5 forward with Item 1 to follow.
5. APPRECIATION CERTIFICATE FOR LYRA DONE
Chairman Adler thanked Lyra Done for her service on the Board of Adjustment and
presented to her a Certificate of Appreciation.
1. CASE NO. OV10-03-05 RONALD R. & GWENDOLYN O'NEIL, 740 WEST
BANGALOR DRIVE, ORO VALLEY,AZ 85737,REQUEST FOR A
VARIANCE TO REDUCE THE REQUIRED SIDE YARD SETBACK FOR
ORO VALLEY ESTATES SUBDIVISION, LOT 77. SUBJECT
PROPERTY: (PARCEL#224-34-0770) 600 WEST ATUA PLACE, ORO
VALLEY,AZ 85737
Chairman Adler swore in the witness that was intending to testify.
Ronald O'Neil, 740 West Bangalor Drive, explained that the east side of the home was
the only portion of land that was suitable for building a third car garage because the
topography and existing pad did not allow for any alternatives.
41
/28/03 Minutes,Board of Adjustment 2
Dee Widero, Senior Planning Inspector, explained that the O'Neil's were requesting a
variance to reduce the side yard setback from 15 feet to 11 feet to add a third car garage
to the home. She reported that the applicant was remodeling and adding on to the home
but the garage required approval because of the encroachment. She reported that all
property owners within 300 feet of the property have been notified by mail of the hearing
and a notice of the hearing was posted on the site and advertised in the Daily Territorial
Newspaper. She reported that at the time of the report preparation, staff had not received
any public comment in support of, or in opposition to the request for variance. Staff
reviewed the request for other options, but did not find an alternative.
Staff finding of facts:
• Further expansion into the hill would cause unsightly disturbance, due to
topography.
• The home was built in 1982; the applicant purchased it in 2003.
Member Schannep asked if the 3rd car garage could be positioned in the rear of the home
between the home and pool area.
Mr. O'Neil explained that the property line would become a factor and the pool would be
positioned too close to the garage.
Chairman Adler pointed out that the staff findings reflect that further expansion would
cause"unsightly disturbance". He asked if grading into the hill would be an alternative
in spite of the fact that it might be an "unsightly disturbance".
Ms. Widero explained that the grading of the hill could be used as an alternative,
however, it would cause erosion difficulty; and the amount of protection required would
take away from the natural vegetation currently on the site.
Chairman Adler reiterated that even though the amount of grading would be
extraordinary, it would be possible to use as an alternative. Staff agreed.
Mr. O'Neil explained that using the grading of the hill as an alternative would affect the
aesthetics in that it would not be consistent with the surrounding area and would appear a
bit strange.
Chairman Adler opened the public hearing.
Lyra Done, 1154 North Cannel Pointe Drive, stated that having not visited the property
or studied the packet, she felt that it would be an injustice to offer any opinion.
Chairman Adler closed the public hearing.
Member Schannep stated that it was clear that the hill was very steep, therefore there
were definitely some peculiarities to the site and the Board should take this factor into
consideration.
•
• 9/28/03 Minutes, Board of Adjustment 3
MOTION: Member Schannep moved to APPROVE OV 10-03-05, a request to reduce
the side yard setback from the required 15 feet to 11 feet. Motion was SECONDED by
Member Kessler.
Discussion: Chairman Adler explained that the problem he had with the request was the
standard, "that the authorizing of the variance is necessary for the preservation and
enjoyment of substantial property rights",had not been met. He explained that he could
not see how it was a"substantial property right"to bend the Zoning Code to allow a
person to enhance their investment, therefore, he would vote against the motion.
ROLL CALL VOTE
Chairman Adler—nay
Member Lewis—aye
Member Kessler—aye
Member Schannep—aye
MOTION carried, 3-1, Chairman Adler opposed.
2. CASE NO. OV10-03-06 RON ASTA,ASTA PLANNING & ZONING
COMPANY,3661 NORTH CAMPBELL AVENUE #108,TUCSON,AZ
85719,REPRESENTING PROPERTY OWNERS RAYMOND CHAVEZ &
RUPERT KEESLER,REQUEST FOR VARIANCE TO REDUCE THE
REQUIRED MINIMUM SPACE ACCESS ALLOWANCE OF 330 FEET
BETWEEN ADJACENT ENTRY ACCESS. SUBJECT PROPERTY:
(PARCEL #225-51-0150), SUFFOLK HILLS,ROSEWOOD POINT
OFFICES, ORO VALLEY,AZ 85704
Bryant Nodine, Planning and Zoning Administrator reported that this item was pulled
because the property was in an annexed area were the Zoning Code did not apply to the
area.
3. REQUEST TO THE TOWN ATTORNEY FOR CLARIFICATION ON
THE ORO VALLEY ZONING CODE REVISED SECTION1-709.B.
FINDINGS. SPECIFICALLY, REFERRING TO "CREATED BY THE
OWNER OR APPLICANT",DOES THIS MEAN THE
DEVELOPERBUILDER WHO BUILT THE "MODEL HOME" OR THE
FIRST TIME BUYER, FROM THE DEVELOPERBUILDER?
Mark Langlitz, Town Attorney, confirmed that the subsequent buyer of a home would not
be responsible for the design of the home. Therefore, they would not be responsible for
any circumstances that the home had created. He added that this would apply to a"spec"
home purchased as well. However, if the buyer were to choose a lot and oversee the
creation of a home, the buyer would be responsible for any circumstances the home had
created.
1110
41P
0/28/03 Minutes,Board of Adjustment 4
4. REQUEST TO THE PLANNING AND ZONING ADMINISTRATOR,
FILING A PROPER VARIANCE REQUEST,DOES THIS ONLY OCCUR
"AFTER THE FACT",MEANING PRIOR TO ANY APPROVED
DEVELOPMENT OR AFTER THE FACT?
Bryant Nodine, Planning and Zoning Administrator explained that it would be difficult to
gauge a request for variance to a timing schedule because most requests are based on the
circumstances involved. He explained that staff reviews the findings to determine if a
variance request has any possibility of meeting the findings. He added that staff does
counsel the applicant if the request meets or does not meet the findings.
PLANNING AND ZONING UPDATE
Bryant Nodine gave a brief update of upcoming projects. They were as follows:
• Steam Pump Village—Phase I
• Splendido Retirement Community Development will come before Town Council
in November.
• More plats are starting to come in for Rivers Edge new home development.
• More Development plans for the La Canada Drive Extension to Moore Road
project.
• Rooney Ranch Parcel A—the owners of the property have proposed 160 single
family home subdivision for the area.
• The General Plan Election will take place on November 4, 2003.
• The Shur Gard area will become a legal non-confirming use.
• Training for the Boards and Commissions will be held in Phoenix next month.
Chairman Adler announced that Member Kessler would service as chair and Member
Lewis would service as vice chair at the next regularly schedule meeting.
ADJOURNMENT
MOTION: Member Lewis moved to ADJOURN the meeting at 3:55 p.m. Member
Schannep SECONDED the motion. Motion carried,4-0.
Respectfully submitted,
Linda Hersha, Secretary II
TOWN OF ORO VALLEY
OJP�LEY 4
,9r<>0 COMMUNITY DEVELOPMENT D PArs.MENT
-v oQ
Planning and Zoning•Building Safety
11000 N.La Canada Drive,Oro Valley,AZ 85737•(520)229-4800•Fax(520)742-1022
Oro Valley Public Library
A
1305 W.Naranja Drive,Oro Valley,AZ 85737•(520)229-5300•Fax(520)229-5319
i"'�_ "�""'"A Parks and Recreation
� �� 680 W.Calle Concordia,Oro Valley,AZ 85737•(520)229-5050•Fax(520)797-2202
CZ/NDED 1°
December 23, 2004
Ronald O'Neil
740 W. Bangalor Drive
Oro Valley, Az 85737
RE: Case No. OV 10-03-05, Parcel #224-34-0770, request for variance approval to
reduce the required side yard setback from 15 feet to 11 feet in order to add a third car
garage to the existing home, on lot 77, of Oro Valley Estates subdivision.
Dear Mr. O'Neil,
At their regular meeting of October 28, 2003, the Board of Adjustment voted to approve
you variance request for the subject parcel. The motion was as follows:
Motion: Member Schannep moved to APPROV OV 10-03-05, a request to reduce the
side yard setback from the required 15 feet to 11 feet. Motion was seconded by Member
Kessler.
Discussion: Chairman Adler explained that the problem he had with the request was the
standard, "that the authorizing of the variance is necessary for the preservation and
enjoyment of substantial property rights", had not been met. He explained that he could
not see how it was a "substantial property right"to bend the Zoning Code to allow a
person to enhance their investment, therefore, h would vote against the motion.
Motion carried, 3-1 Chairmen Adler opposed.
Congratulations on your approved request.
Dee Widero 421-'`'j
Senior Zoning Inspector
Town of Oro Valley
C: file
www.townoforovalley.com