HomeMy WebLinkAboutOV100306 •
Yolanda Terrell
From: djones@dot.state.az.us •P OaNOIA, bN ..s, A001—
Sent: Friday, February 21, 2003 3:54 PM
To: yt@oracleengineering.com eiv12. FO2 OC✓E(-OPMC1'( Pena
Subject: RE: Ros god Point Offices & Halfway Station � L� NpT .
Hi, Yolanda. --V odt4144,,C `1 G"tG •
Maria has agreed to allow Rosewood Point a single use access - it will need
to be a minimum of 30 feet wide with 30 foot radii.
We will need construction plans for this as we do for Halfway Station. In
addition to references to ADOT standards and specifications for work in the
ADOT right-of-way, you will need to show the adjacent accesses, and rumble
strip that needs to be removed, and the existing striping and modifications
which will be made, if any. The access design needs to be tweaked at
little, too; you will need to relocate the access location to be at least 30
feet from either property line and shift it to perpendicular to centerline.
You will need to cite station, offset, and dimension for all work.
Call if you need any assistance.
Donna Jones
Permit Technician
Arizona Department of Transportation
1221 S. 2nd Avenue
Tucson, AZ 85713
Voice: (520) 620-5453
Fax: (520) 620-5444
Original Message
From: Donna Jones
Sent: Tuesday, February 18, 2003 5:23 PM
To: 'Yolanda Terrell'
Subject: RE: Rosewood Point Offices & Halfway Station
Hello, Yolanda. #W°1
Regarding Rosewood Point, during the original zoning review, Maria Deal the
Traffic Analyst for this area, asked for a joint use access.
Since the zoning requirements and the plans that were submitted do not
reflect this, Maria is going to do a field check to see if she wishes to
pursue this. (When we say a joint use access, we do not mean each property
has an access and there is internal circulation to allow it to be use by
neighbors. We mean the number of accesses is less than the number of
properties involved. ) Once Maria has completed her field review, she will
get back to me on whether the proposal is acceptable.
As far as Halfway Station goes, I just located the file - it got buried
during the three weeks I was ill - but I have some major concerns. Just to
name a few: the AC depth is not sufficient; it appears one access is located
on somebody else's property and no easement document was provided;
stationing not provided on drawing; fencing issue not addressed; only
development plans, not construction plans received. . . I also need to
discuss this with Traffic Engineering.
Once I have discussed this with them, I will give you a complete list of the
issues. Meanwhile, you may wish to start preparing construction plans with
include references to ADOT standards and specifications for all work in the
ADOT right-of-way. (The standard formula is station, offset, dimension,
1
r cal1Aut of spedification and standard. )
Hope this helps,
Donna Jones
Permit Technician
Arizona Department of Transportation
1221 S. 2nd Avenue
Tucson, AZ 85713
Voice: (520) 620-5453
Fax: (520) 620-5444
Original Message
From: Yolanda Terrell [mailto:yt@oracleengineering.com]
Sent: Monday, February 17, 2003 2:35 PM
To: djones@dot.state.az.us
Subject: Rosewood Point Offices & Halfway Station
Hi Donna:
Can you please check the status of the ADOT Permit for these two projects.
The owner/developers are asking if we can expedite it. Thanks.
Yolanda Terrell
Oracle Engineering
199 E Fort Lowell,
Tucson, AZ 85705
Phone: (520) 292-6711
Fax: (520) 292-6144
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- . . . . . . . y// EXISTING CHILD CARE EXIST. FOR
ROSEWOOD POINT OFFICES
. . . /! / : v,' DENTAL OFFICE
i ', / - /',- AS RECORDED IN BK.13,PAGE 18 OF MAPS&PLATS
t//. i / SECTION 36,TOWNSHIP 12 SOUTH,RANGE 13 EAST,
./ ./ G&SRB&M,PIMA COUNTY,ARIZONA
1. IV
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ORACLE ENGINEERING GROUP, INC. JULY,2003
199 EAST FORT LOWELL TEL:(520)292-6711 PROJECT*01-037
TUCSON,AZ 85705 FAX:(520)292-614L SHEET 1 OF 1
•
P:2 2 AUG-19-2003 04:710r:P FPOH:ASTA PLPHHIHG 20HI 520- TO: 1T607465.9519-1T5T
Al.•16,USi 19, 2003
Mr. Ray Chavez
19367 Camino Del Aguila
Escondido, CA. 92025
Oro ¼Uey Beard of Adjustment
do Mr. Bryant Nodine, Planning Director
Oro Valley Planning Dep't,
11000 N. La Canada Dr.
Oro Valley, A.Z. 85737
RE: ROSEWOOD POINT OFFICES/ 1.10 ACRES/ TAX CODE
PARCEL #225-51-0150
Dear Mr. No4hline:
I am the owner of this property and submitted a development plan to Pima
County prior to annexation by your Town. At this time I need a driveway
variance from your zoning code.
This letter is to authorize Ron Asta, Asta Planning 84, Zoning Co., to
represent my interests and apply for this variance from the Oro Valley Board
of Adjustment.
Thank you for your consideration.
Sine rely,
(eec.,
Ray C vez
• a
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
1
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o� � Ark TOWN OF ORO VALLEY �;� ;r,; ,
PLANNING & ZONING DIVISION unit
> �n
;Ww_,�;I 11,000 N. LA CANADA DRIVE, ORO VALLEY AZ 8573 ,' S P 2 4
Phone: (520)229-4800 Fax: (520)742-1022 �.� /7LLi /1
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BOARD OF ADJUSTMENT APPLICATION
FOR: X Zoning Variance
Zoning Interpretation
Appeal of Administrative Decision CASE NO.:
—
NATURE OF REQUEST: S.EC, 2 7 • fo • F - 1`e fri m L m 140,E SS [9/2( v :c TO
?IA:Q/a a c%' I 'e_.inAinc4[3at AND A %PA C.Z* 6 OF (5'0`tlt i/V r rut vM
77-11 S 4,1 T imis A Pita N71O-Cie. c7 P I t O`., Su F-F0C,14.1-li Cd S' Pis-GuNlc
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APPLICANT: A FGteiNfjI 14 G Zo ov jfvG C -
PHONE/FAX: 3 r? • 0757/ 319 • ( 757
ADDRESS 3G 6(N. citbmiri6E.a. AVC. si-<O Si "J Cal a ik/ S 5119
OWNER: 44-yAt 0 a10 cHA VrZ I Lu Pzr kkfc SCeft
ADDRESS: /134 7 Gdr.4 (No DEC. 6.01 U4
€Sc6NdtOO f C4 rZO2-S
PARCEL NUMBER: Z2S ►.S J • 0(S 0 •
PROPERTY LOCATION/ADDRESS:SoUrnOt OiLiki,t (Zo. /SOO( S o u 714 OF MA-6-E.E.
LEGAL DESCRIPTION: ScJFfoL.k HI (. S i vc eP N G$o ' ILL-kC. B
ACREAGE: /. /2 S CURRENT ZONING: APPLICABLE FEE:
ATTACHMENTS: S V()NE mcivrAt. O c% S rtor4 s, ,„ermi o --A-uspf t z". M
4-oar "0"Peto mkt.C.amA 0, Dcveconn(grr Pt. f P ic.r"IG Fri
SIGNA OF APP CANT (AND ALSO PRINT NAME) DATE
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SUPPLEMENTAL QUESTIONS FOR APPLICATION FOR A VARIANCE
I. Identify difficulties or problems that would result from complying with the present zoning requirements.
P MA &pcll(/!Y 464900(/60 11(2IVid rleatt '(CZ &C46• ow 112(.101 .
Otto vAtisy 4Q Awe 1 PicAJ1J4 /JHyfl c44c TO o€ems ,ed.
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,�iarrowness)
shallowness,irregular shape, location,washes,vegetation and easements, etc.).
/37.0PaPaCt oA/ N04fl4 Aft/0 SOUTH g rv4 too FreetiV7a0C .7.1 ( t43
MO( . So 3 Ottvedays 3 to' Aitzerzt . s/AuJ 6 Of (i S' 5 t RS` t .off •
3. Identify and explain any peculiar conditions in the surrounding area, which would keep you from
complying with the present zoning requirements.
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?
S/foPPM .44c 4 - . •. _ . ! 4 . , ' ; a _ L. t
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B. Are there special circumstances that exist that was not self imposed or created by the
owner/applicant?
w/ E 4J owAvf f -thEi3 lTh s /2/ OflW1 41( J 2000, I 73 pgapegy
AJ )cam AW 0 /41-6tpt OelstF.l cycD p EG�1 cs
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2
C. Is the authorizing of the variance necessary for the preservation and enjoyment of substantial
property rights?
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t7.t ,vttAio y v . .ra(ILO prittuti.r. /r t c,4-C s •
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?
Q e4 Vi444itleS Alca fl*2' 41 70 it,114 "10 sz 1-1d ii+evE
S N-G-s o U T plc GE)".t p t.A tfC (Art r Cc)1..444Vr 0 fix)
cc) cs' t s vhatkivc C aRkA4 Afar CaNs 1 ninE sP(c-olt,
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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.
Iry ty
Sscam. OF 0WM.tJ6 g.c. .0&HQ-6 paoc s
6 .040 i nr G Or(&.rt iror
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
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:
OV10-03-06: 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' BETWEEN ADJACENT ACCESS. SUBJECT PROPERTY:
SUFFOLK HILLS, ROSEWOOD POINT OFFICES, (225-51-0150),
ORO VALLEY, AZ. 85704.
The applicant requests to reduce the required minimum distance between access entries off
of Oracle Road.
Site plans are available for review during noinial 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.
RE An ant M. Nodine, AICP
liprSTATE OF ARIZONA)
COUNTY OF PIMA ) :ss. r
SH UC",!R MEET{ I N AFFIDAVIT C— 'AJBLICATIONbeing 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
OV I 0--03--0b
PUBLIC NOTICE
was printed and published correctly in the regular and entire issue of said THE
DAILY TERRITORIAL for issues; that was first made
10th OCTOBER 0:3
on the day of 10th 20
and the last publication thereof was made on the day of
OCTOBER 03
20 ; that said publication
rell each of the following dates, to-wit:
Request of
TOWN OF f_JRO VAL.L.E;,
Daily Territorial
BY Lo,..)_A: ,,' , t, ...,i i ,-77--,,,s,
Subscribed and sw zi'to before me this day of
1,0t.h OCTOBER
20 _`
03
N ary Public S to of
Not iwadnryr tie �of Pima. Slate of Arizona
yn Dgil �
My Commission E Rob , bs
Pi n 1 S,9or '
NOTICE OF PUBLIC HEARING
BEFORE THE ORO VALLEY BOARD OF ADJUSTMENT
In accordance with Sec.1-708 of the Oro Valley Zoning Cods Revised and Arizon-
Revised Statutes Sec.9-462.06,
NOTICE IS HEREBY GIVEN that the Oro Valley Board of Adjustment will hold a pub
iic hearing on Tuesday, October 28,2003, commencing at or after 3:00 p.m.Th-
eeting will be held at the Oro Valley Town Hall,11000 N.La Canada Drive and th=
ubject matter will be as further described below:
OV10-03-06:RON ASTA, ASTA PLANNING & ZONING COMPANY, 3661 N.
CAMPBELL AVENUE#108.TUCSON,AZ 85719, REPRESENTING PROPER
•WNERS, RAYMOND CHAVEZ&RUPERT KEESLER, REQUEST FOR VAR
IANCE TO REDUCE THE REQUIRED MINIMUM SPACE ACCESS ALLOWANCE
•F 330' BETWEEN ADJACENT ACCESS. SUBJECT PROPERTY: SUFFOL 4
HILLS,ROSEWOOD POINT OFFICES,(225-51-0150),ORO VALLEY,AZ.85704.
he applicant requests to reduce the required minimum distance between acces
-ntries off of Oracle Road.
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 ai
F29-4812 or E-mail:dwidero@orovalley.net.REQ: Bryant M.Nodine,AICP
Pub:The Daily Territorial
•ctober 10,2003
Req:Town of Oro Valley
pnovl0-03-06 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:
OV10-03-06: 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' BETWEEN ADJACENT ACCESS.
SUBJECT PROPERTY: SUFFOLK HILLS, ROSEWOOD POINT OFFICES, (225-51-0150),
ORO VALLEY,AZ.85704.
The applicant requests to reduce the required minimum distance between access entries off of Oracle Road.
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.
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:
OV10-03-06: 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' BETWEEN ADJACENT ACCESS.
SUBJECT PROPERTY: SUFFOLK HILLS, ROSEWOOD POINT OFFICES, (225-51-0150),
ORO VALLEY,AZ.85704.
The applicant requests to reduce the required minimum distance between access entries off of Oracle Road.
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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1
ORO VALLEY PLANNING AND ZONING DIVISION
BOARD OF ADJUSTMENT REPORT
CASE NO: OV 10-03-06
Hearing Date: October 28, 2003
Agenda Item No.: 2
Prepared By: Dee Widero, Senior Zoning Inspector
REQUEST: RON ASTA, ASTA PLANNING & ZONING COMPANY, 3661 N.
CAMPBELL AVENUE #108, Tucson, AZ 85719, REPRESENTING
PROPERTY OWNERS, RAYMOND CHAVEZ & RUPERT KEESLER,
REQUEST FOR A VARIANCE TO REDUCE THE REQUIRED DISTANCE
BETWEEN ENTRY ACCESS OFF ORACLE ROAD OF 330 FEET.
SUBJECT PROPERTY: (PARCEL 225-51-0150) SUFFOLKS HILLS,
ROSEWOOD POINT OFFICES, ORO VALLEY,AZ 85737.
STAFF FINDING OF FACTS:
Staff had determined that a variance was not required.
AGENDA
ORO VALLEY BOARD OF ADJUSTMENT
OCTOBER 28,2003
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 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.
ti
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
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8 do
MINUTES
ORO VALLEY BOARD OF ADJUSTMENT
OCTOBER 28, 2003
ORO VALLEY TOWN HALL COUNCIL CHAMBERS
11,000 N. LA CANADA 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.
400
10/28/03 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 Carmel 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.
411P
10/28/03 Minutes, Board of Adjustment 3
MOTION: Member Schannep moved to APPROVE OV10-03-05, 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
DEVELOPER/BUILDER WHO BUILT THE "MODEL HOME" OR THE
FIRST TIME BUYER, FROM THE DEVELOPER/BUILDER?
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.
1 0
10/28/03 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
JP-LEY qR�
' TOWN OF ORO VALLEY
COMMUNITY DEVELOPMENT DEPARTMENT
• Planning and Zoning • Building Safety
4 11000 N.La Canada Drive,Oro Valley,AZ 85737•(520)229-4800•Fax(520)742-1022
L
A • Parks and Recreation
A 680 W.Calle Concordia,Oro Valley,AZ 85737•(520)229-5050•Fax(520)797-2202
"'UNDEOg1
November 21, 2003
Ron Asta
Asta Planning and Zoning Company
3661 N. Campbell Avenue, Suite #108
Tucson, AZ 85719
RE: Case No. OV10-03-06, Parcel #225-51-0150, request for variance approval to reduce
the required distance between entry access off Oracle Road of 330 feet for the furture
development of Rosewood Point Offices.
Dear Mr. Asta:
At their regular meeting of October 28, 2003, the Board of Adjustment did not hear to vote
in favor of or against your variance request for the subject parcel. Staff had determined
that a variance was not required; the Oracle Road Scenic Corridor District for that portion of
the Town of Oro Valley has not yet been adopted.
Additional information on the action will be available when the minutes have been prepared
by the Clerk's office. Please contact Linda Hersha at 227-4700 regarding the minutes and
contact me if you have any other questions or concerns, at 229-4812, I would be happy to
assist you.
Sincerely,
AJC.Le.A.-4z,
Dee Widero
Senior Zoning Inspector
Town of Oro Valley
C: Brent Sinclair, Community Development Director
Bryant Nodine, Planning & Zoning Administrator
OV File