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HomeMy WebLinkAboutOV100401 AFFIDAVIT PUBLICATION STATE OF ARIZONA) ss. COUNTY OF PIMA ) J M I E C. MAC I AS 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 OV1O--04-01 NOTICE OF HEARING was printed and published correctly in the regular and entire issue of said THE 1 DAILY TERRITORIAL for issues; that was first made 8 t h JANUARY 04 on the day of ,� ��h and the last publication thereof was made on the day of JANUARY 04 20 ; that said publication was mode p gaff the following dates, to-wit: Request of TOWN OF ORO VALLEY Daily Territorial Subs ribed and sworn to before me this day of 2t h JANUARY 20 a _ OFFICIAL SEAL 0 IT• S � RPublic BRteGO�'A ona � ' fvo ary !4 PMACt Vie •. E Feb.11. • 4111l:ilra•4 :.on y • •ii a o Arizona My Commission Expires: -/4/ 960, • NOTICE OF HEARING 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, January 27,2004,commencing at or af- ter 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: OV10-04-01:LEWIS AND ROCA LLP. KERI SILVYN AND FRANK S. BANGS JR.,REPRESENTING CENTRES,INC., ONE S. CHURCH AVENUE, SUITE 120, TUCSON, AZ 85701-1611. RE- QUEST FOR VARIANCE FROM OVZCR SECTION 10-407.C.3, RE- QUIRING A MINIMUM OF 50,000 SQUARE FEET OF GFA (GROSS FLOOR AREA) IN THE PRINCIPAL STRUCTURE FOR THE FIRST SUCH PAD OF DEVELOPMENT, SUBJECT PROPERTY: NORTHEAST CORNER ORACLE AND HARDY, (225-12-065A), ORO VALLEY,AZ.85737. The applicant requests to reduce the re- quired minimum of gross floor area from 50,000 sq. ft to 12,000 sq. ft. for the principal structure. Site plans are available for review dur- ing 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 represent- ed.Any person seeking further informa- tion on this request for a variance may contact Dee Widero at 229-4812 or E- mail:dwidero@orovalley.net. REQ: Bryant M.Nodine,AICP Pub:The Daily Territorial January 8,2004 Req:The Town of Oro Valley hr10-04-01 ap t JANUARY 8, 2004 The Daily Territorial PAGE 19 above-named child to be dependent The above-named individual(s) may IN AND FOR THE COUNTY OF PIMA cause shown, the hearings may go GIVEN UNDER MY HAND AND SEAL Hearing within the meaning of A.R.S.§8-201,et obtain a copy of the Dependency JUVENILE COURT forward in your absence and may result this day of December,2003. seq.,as amended. Petition,Notice of Dependency Hearing, In the Matter of VICTORIA,JAZMINEE in an adjudication of dependency, Copy of the foregoing mailed Notice YOU ARE HEREBY NOTIFIED that a and Temporary Order by submitting a dob 10/13/00 termination of your parental rights or the This day of December,2003,to: publication hearing on the Petition is set written request to: HELENA S. VICTORIA,VIVIANA dob 01/14/02 establishment of a permanent Heather Jackson . ' for February 18, 2004 at 8:45 a.m., in SEYMOUR, Office of the Attorney No. J 167508 CITATION NOTICE OF guardianship based upon the record and Child Protective Services Pub:The Daily Territorial the courtroom of this Court located at General,3939 South Park Avenue,Suite HEARING(Publication)Judge Rubin the evidence presented to the court. Site Code: 203C December 18,24,31,2003 2225 East Ajo Way,Tucson,Arizona. 180, Tucson, Arizona 85714. The TO:John Doe Address Unknown Proceedings to terminate parental rights Pub:The Daily Territorial •nuary 8,2004 You may appear at the hearing and be assigned case manager is Melisa The Arizona Department of Economic can also occur based upon the grounds January 8,15,22,29,2004 -.:The Attorney General represented by counsel. The Court will Mendez and may be reached by Security has filed a Dependency Petition set forth in A.R.S.§8-533. If the Court Req:Attorney General hrmatas kb appoint counsel upon a showing of lack telephone at(520)740-1882. in the above-entitled cause alleging the determines that efforts to reunify a hrlespron jw of financial ability to retain your.own A request for reasonable above-named child to be dependent parent or guardian with a child would not counsel. accommodation for persons with within the meaning of A.R.S.§8-201,et be reasonable,the Court is not required NOTICE OF HEARING You are hereby advised that your failure disabilities must be made to the Court by seq.,as amended. to order reunification services pursuant NOTICE OF HEARING IN THE SUPERIOR COURT OF THE to personally appear in court without parties at least three(3)working days in YOU ARE HEREBY NOTIFIED that a to A.R.S.§8-846. STATE OF ARIZONA IN AND FOR good cause shown may result in a advance of a scheduled court publication hearing on the Petition is set The above-named individual(s) may IN THE SUPERIOR COURT OF THE THE COUNTY OF PIMA findingthatyou have waivedyour legal proceedingand can be made bycallingfor March 03,2004 at 8:45 a.m.,in the obtain a copyof the Dependency STATE OF ARIZONA IN AND FOR JUVENILE COURT 9 Pe Y THE COUNTY OF PIMA rights and have admitted the allegations 740-2900. courtroom of this Court located at 2225 Petition,Notice of Dependency Hearing, In the Matter of the Conservatorship of: In the Matter of LEYVA,CHRISTOPHER in the petition. In addition,if you fail to PATRICIA A.NOLAND,Clerk East Ajo Way,Tucson,Arizona. ' and Temporary Order by submitting a James Sanchez,DOB:Conservatorship JR.dob 05/12/97 JOHNSON,CAMILLE personally appear in court without good Deputy Clerk GIVEN UNDER MY HAND You may appear at the hearing and be written request to: JEFFREY A. 1/30/89 dob 04/24/00 CALVIN, DEMARIE dob cause shown, the hearings may go AND SEAL this day of December,2003. represented by counsel. The Court will WEINSTEIN, Office of the Attorney A Minor. No.GC20030929 NOTICE OF 09/03/02 No. J167098 CITATION forward in your absence and may result Pub:The Daily Territorial appoint counsel upon a showing of lack General,3939 South Park Avenue,Suite HEARING NOTICE OF HEARING (Publication) dependency, NOTICE IS HEREBY GIVEN that the in an of de endenc December 18,24 31,2003 of financial ability to retain your own 180, Tucson, Arizona 85714. The Petition for Appointment of Co- Judge Wagener termination of your parental rights or the January 8,2004 counsel. assigned case manager is Mindy Lipman TO: CHRISTOPHER LEYVA, SR. establishment of a permanent Req:The Attorney General You are hereby advised that your failure and may be reached by telephone at Conservators for Minors and the Petition father of Christopher, Jr.)(Alleged P guardianship based upon the record and hrclayton kb to personally appear in court without (520)721-3097. for Authority to Compromise Claims forMinors will be heard in Division 54 of the Address Unknown the evidence presented to the court. good cause shown may result in a A request for reasonable father of Camille) Pima County Superior Court on the day EDDIE BOYD (Alleged Proceedings to terminate parental rights finding that you have waived your legal accommodation for persons with of 1-28-04,at the hour of 9:00 a.m.,or Address Unknown can also occur based upon the grounds NOTICE OF HEARING rights and have admitted the allegations disabilities must be made to the Court by JOHN DOE (Alleged father) Address as soon thereafter as Counsel may be ( 9 set forth in A.R.S.§8-533. If the Court IN THE SUPERIOR COURT OF THE in the petition. In addition,if you fail to parties at least three(3)working days in heard. DATED this dayof December, +� unknown determines that efforts to reunify a STATE OF ARIZONA personally appear in court without good advance of a scheduled court 2003./s/ David R. FarneyAttorneyfor The Arizona Department of Economic parent or guardian with a child would not IN AND FOR THE COUNTY OF PIMA cause shown, the hearings may go proceeding and can be made by calling Security has filed a Dependency Petition be reasonable,the Court is not required forward inyour absence and mayresult 740-2900. the Petitioner q JUVENILE COURT YOU ARE FOR in the above-entitled cause alleging the to order reunification services pursuant In the Matter of WILLIAMS,SEBASTIAN in an adjudication of dependency, PATRICIA A.NOLAND,Clerk O YOUR RESPONSIBLEINTSOR above-named children to be dependent to A.R.S.§8-846. dob 04/19/01 termination of your parental rights or the Deputy Clerk PROTECTINGmatter m not be independently This within the meaning of A.R.S.§8 201,et The above-named individual(s) may WILLIAMS,LOGAN dob 11/20/03 establishment of a permanent GIVEN UNDER MY HAND AND SEAL Y p y -q.,as amended. obtain a copyof the Dependency guardianshipbased upon the record and this dayof January,2004. investigated by the Court. If you object P Y No. J167537 CITATION NOTICE OF P to anypart of petition,you must file a IU ARE HEREBY NOTIFIED that a Petition,Notice of Dependency Hearing, HEARING (Publication) Judge the evidence presented to the court. Pub:The Daily Territorial to objection the with the court . blication initial hearing on the Petition and Temporary Order by submitting a Harrington Proceedings to terminate parental rights January 8,15,22,29,2004 written the legal basis for your is set for February 18, 2004, at 8:30 written request to: KARYN R. TO:LEROY WILLIAMS(Alleged father) can also occur based upon the grounds Req:Attorney General describingg A.M., in the courtroom of this Court ( g objection. Failure to file a written VAMPOTIC, Office of the Attorney Address Unknown set forth in A.R.S.§8-533. If the Court hrriba jw objection mayjeopardize your interests. located at 2225 East Ajo Way,Tucson, General,3939 South Park Avenue,Suite JOHN DOE (Alleged father) Address determines that efforts to reunify a o tec iohoutyour 1 opaen objection, you Arizona. 180, Tucson, Arizona 85714. The Unknow parent or guardian with a child would not 1 You may appear at the hearing and be assigned case manager is Megan Taylorobe reasonable,the Court is not required should expect that the requested relief represented bycounsel. The Court will g gY Securityee Arizona Department Dependencypt Economic q NOTICE OF HEARING will be granted. If you question any P and may be reached by telephone at has filed a Petition to order reunification services pursuant other action of the fiduciary, file an appoint counsel upon a showing of lack (520)887-7577. to A.R.S. 8-846. IN THE SUPERIOR COURT OF THE in the above-entitled cause alleging the § appropriate written e of financial ability to retain your own A request for • reasonable above-named children to be dependent The above-named individual(s) may STATE OF ARIZONApetition or motion counsel. IN AND FOR THE COUNTY OF PIMA with the Court. This is a legal matter. If accommodation for persons with within the meaning of A.R.S.§8-201,et obtain a copy of the Dependency You are hereby advised that your failure disabilities must be made to the Court by seq.,as amended. Petition,Notice of Dependency Hearing, JUVENILE COURT you legal advice have questions, seek to personally appear in court without parties at least three(3)workingdays in and Temporary Order bysubmittinga In the Matter of LESPRON,CARINA from an attorney. You have the right to good cause shown mayresult in a Y YOU ARE HEREBY NOTIFIED that a P ry dob 03/25/86 represent yourself. If you represent advance of a scheduled court publication hearing on the Petition is set written request to: JEFFREY A. yourself you must correctly follow court finding that you have waived your legal proceeding and can be made by calling for March 24,2004,at 8:30 A.M.,in the WEINSTEIN, Office of the Attorney CARRILLO,LEONARD dob 08/21/90 rights and have admitted the allegations 740-2900.- courtroom of this Court located at 2225 General,3939 South Park Avenue,Suite No. J122365 CITATION NOTICE OF Procedures. Copy of the foregoing in the petition. In addition,if you fail to PATRICIA A.NOLAND,Clerk 180, Tucson, Arizona 85714. The HEARING(Publication)Judge Rubin mailed this day of, 2003, to: James East Ajo Way,Tucson,Arizona. Sanchez 1001 W. King Tucson, personally appear in court without good Deputy Clerk GIVEN UNDER MY HAND You may appear at the hearing and be assigned case manager is Becky Hunter TO:JOHN DOE Address unknown AZ 85705 Riesgo Street W. cause shown, the hearings may go AND SEAL this day of December,2003. represented by counsel. The Court will and may be reached by telephone at The Arizona Department of Economic Street Tucson,ConnieZ 85705 King ifill forward in your absence and may result Pub:The Daily Territorial appoint counsel upon a showingof lack (520)721-3097. Security has filed a Dependency Petition in an adjudication of dependency, PP P in the above-entitled cause alleging the Pub:The Daily Territorial December 18,24,31,2003 of financial abilityto retainyour own A request for reasonable 9 9 January 8,9,12,2004 termination of your parental rights or the January 8,2004 counsel. accommodation for persons with above-named child to be dependent establishment of a permanent Req:The Attorney General You are hereby advised that your failure disabilities must be made to the Court by within the meaning of A.R.S.§8 201,et PeCq: Harold Hyams & Associates, guardianship based upon the record and hrjackson kb to personally appear in court without parties at least three(3)working days in seq.,as amended. hrsanchez ap the evidence presented to the court. good cause shown may result in a advance of a scheduled court YOU ARE HEREBY NOTIFIED that a Proceedings to terminate parental rights finding that you have waived your legal proceeding and can be made by calling publication hearing on the Petition is set can also occur based upon the grounds 740-2900. for March 3,2004,at 8:45 a.m., in the rights and have admitted the allegations NOTICE OF HEARING set forth in A.R.S.§8 533. If the Court PATRICIA A.NOLAND Clerk courtroom of this Court located at 2225 determines that efforts to reunify a IN THE SUPERIOR COURT OF THE in the petition. In addition,if you fail to , personally appear in court without good Deputy Clerk East Ajo Way,Tucson,Arizona. NOTICE OF HEARING parent or guardian with a child would not STATE OF ARIZONA IN AND FOR GIVEN UNDER MY HAND AND SEAL You may appear at the hearing and be NOTICE OF PUBLIC HEARING be reasonable,the Court is not required THE COUNTY OF PIMA cause shown, the hearings may go q forward in your absence and may result this day of January,2004. represented by counsel. The Court will BEFORE THE ORO VALLEY BOARD to order reunification services pursuant JUVENILE COURT Pub:The DailyTerritorial appoint counsel upon a showing of lack OF ADJUSTMENT In the Matter of CLAYTON,TED A.dob in an adjudication of dependency, In accordance with Sec. 1-708 of the Theto A.R.S.§8-am January8,15,22,29,2004 of financial ability to retain your own 11/28/03 No. J111287 CITATION termination of your parental rights or the above named individual(s) may Re Attorne General counsel. Oro Valley Zoning Code Revised and establishment of a permanent q= y innaobtain a copy of the Dependency NOTICE OF HEARING (Publication) hrvictoria w You are hereby advised that your failure Arizona Revised Statutes Sec.9-462.06, ,etition,Notice of Dependency Hearing, Judge Villarreal guardianship based upon the record and I to personally appear in court without NOTICE IS HEREBY GIVEN that the the evidence presented to the court. and Temporary Order by submitting a TO:JOHN DOE(alleged father)Address good cause shown may result in a Oro Valley Board of Adjustment will hold written request to: HERVEY A. unknown Proceedings to terminate parental rights finding that you have waived your legal a public hearing on Tuesday, January The Arizona Departmentcan also occur based upon the grounds rights and have admitted the allegationscommencing HOTCHKISS, Office of the Attorney of Economic 27,2004, at or after 3:00 Securityhas filed a Dependency Petition set forth in A.R.S.§8-533. If the Court NOTICE OF HEARING g g The meetingwill be held at the Oro General,3939 South Park Avenue,Suite Pe Y IN THE SUPERIOR COURT OF THE in the petition. In addition,if you fail to p.m. determines that efforts to reunify a 180, Tucson, Arizona 85714. The in the above-entitled cause alleging the personally appear in court without good Valley Town Hall, 11000 N.La Canada assigned case manager is TONYA LEE above-named child to be dependent parent or guardian with a child would not STATE OF ARIZONA IN AND FOR cause shown, the hearings may go Drive and the subject matter will be as within the meaningof A.R.S. 8 201,et be reasonable,the Court is not required THE COUNTY OF PIMA JUVENILE further described below: and may be reached by telephone at § forward in your absence and may result (520)884-4755. seq.,as amended. to order reunification services pursuant COURT to A.R.S.§8 846. In the Matter of RIBA, ASHLEY dob in an adjudication of dependency, OV10-04-01: LEWIS AND ROCA LLP. A request for reasonable YOU ARE HEREBY NOTIFIED that a termination of your parental rights or the KERI SILVYN AND FRANK S. BANGS accommodation for persons with publication hearing on the Petition is set The above named individual(s) may 09/01/89 establishment of a permanent JR., REPRESENTING CENTRES, INC., disabilities must be made to the Court by for February 11,2004,at 8:40 a.m., in obtain a copy of the Dependency G(BBS,CODY dob 03/13/92 the courtroom of this Court located at Petition,Notice of Dependency Hearing, No. J 152809 CITATION NOTICE OF guardianship based upon the record and ONE S.CHURCH AVENUE,SUITE 120, parties at least three(3)working days in HEARING (Publication) the evidence presented to the court. TUCSON, AZ 85701-1611. REQUEST and Temporary Order by submitting a Judge advance of a scheduled court 2225 East Ajo Way,Tucson,Arizona. Harrington Proceedings to terminate parental rights FOR VARIANCE FROM OVZCR You mayappear at the hearingand be written request to: HERVEY A. 9 proceeding and can be made by calling PP can also occur based upon the grounds SECTION 10-407.C.3, REQUIRING A 740-2900. represented by counsel. The Court will HOTCHKISS, Office of the Attorney TO:William Mineer Address Unkknown MINIMUM OF 50,000 SQUARE FEET OF General,3939 South Park Avenue,Suite (as to Ashley) set forth in A.R.S.§8 533. If the Court PATRICIA A.NOLAND,Clerk appoint counsel upon a showing of lack determines that efforts to reunify a GFA (GROSS FLOOR AREA) IN THE 180, Tucson, Arizona 85714. The Gary Gibbs Address Unknown (as to Deputy Clerk GIVEN UNDER MY HAND of financial ability to retain your own parent or guardian with a child would not PRINCIPAL STRUCTURE FOR THE AND SEAL this day of December,2003. counsel. assigned case manager is David Barfield Cody) and maybe reached bytelephone at The Arizona Department of Economic be reasonable,the Court is not required FIRST SUCH PAD OF DEVELOPMENT, Pub:The Daily Territorial You are hereby advised that your failure p to order reunification services pursuant SUBJECT PROPERTY: NORTHEAST December 18,24,31,2003 topersonallyappear in court without 745 3049. Security has filed a Dependency Petition CORNER ORACLE AND HARDY, 225- PP to A.R.S.§8 846. cause shown mayresult in a A request for reasonable in the above entitled cause alleging the January 8,Attorney good The above-named individual(s) may 12-065A),ORO VALLEY,AZ.85737. findingthatyou have waivedyour legal accommodation for persons with above-named child to be dependent Req:The General 9 obtain a copy of the Dependency The applicant requests to reduce the hrleyva kb rights and have admitted the allegations disabilities must be made to the Court by within the meaning of A.R.S.§8-201,et Petition,Notice of Dependency Hearing, required minimum of gross floor area in the petition. In addition,if you fail to parties at least three(3)working days in seq.,as amended. advance of a scheduled court YOU ARE HEREBY NOTIFIED that a and Temporary Order by submitting a from 50,000 sq.ft to 12,000 sq.ft.for the personally appear in court without good written request to: DAVID P.BRAUN, principal structure. NOTICE OF HEARING cause shown, the hearings may go proceeding and can be made by calling publication hearing on the Petition is set Office of the Attorney General, 3939 Site plans are available for review during 740-2900. for March 17,2004 at 8:30 a.m.,in the IN THE SUPERIOR COURT OF THE forward in your absence and may result South Park Avenue,Suite 180,Tucson, normal business hours at the Oro Valley in an adjudication of dependency, PATRICIA A.NOLAND,Clerk courtroom of this Court located at 2225 Arizona 85714. The assigned case Town Hall,Development Service Center. STATE OF ARIZONA IN AND FOR Deputy Clerk East Ajo Way,Tucson,Arizona. g THE COUNTY OF PIMA termination of your parental rights or the You mayappear at the hearin and be manager is Heather Jackson and may Persons interested may appear in JUVENILE COURT establishment of a permanent GIVEN UNDER MY HAND AND SEAL PP g be reached by telephone at(520)884- person, by agent or attorney, and the based uponthis day of January,2004. represented by counsel. The Court will In the Matter of JACKSON,DEREK L. guardianship the record and Pub:The Daily Territorial appoint counsel upon a showing of lack 4755. petitioners must appear or be dob 12/11/87 No. J 115795 CITATION the evidence presented to the court. A request for reasonable represented.Any person seeking further NOTICE OF HEARING (Publication) Proceedings to terminateparental rights January 8,15,22,29,2004 of financial ability to retain your own 9 9 accommodation for persons with information on this request for a variance Req:AttorneyGeneral counsel. Judge Knuck can also occur based upon the grounds hrwilliams jwhereby advised that your failure disabilities must be made to the Court by may contact Dee Widero at 229-4812 or i set forth in A.R.S. 8-533. If the Court You are TO: MAVIS JACKSON Address § to personally appear in court without parties at least three(3)working days in E-mail:dwidero@orovalley.net. Unknown determines that efforts to reunify a advance of a scheduled court REQ: Bryant M.Nodine,AICP good cause shown may result in a THOMAS JACKSON Address Unknown parent or guardian with a child would not NOTICE OF HEARING finding that you have waived your legal proceeding and can be made by calling Pub:The Daily Territorial The Arizona Department of Economic be reasonable,the Court is not required 740-2900. January 8,2004 p to order reunification servicespursuant IN THE SUPERIOR COURT OF THE rights and have admitted the allegations Req:The Town of Oro Valle Securityhas filed a Dependency Petition PATRICIA A. NOLAND, Clerk Deputyy p y in the above entitled cause alleging the to A.R.S.§8-846. STATE OF ARIZONA in the petition. In addition,if you fail to personally appear in court without good Clerk hr10 04-01 ap 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,January 27, 2004,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: OV10-04-01: LEWIS AND ROCA LLP. KERI SILVYN AND FRANK S. BANGS JR., REPRESENTING CENTRES, INC.,ONE S.CHURCH AVENUE, SUITE 120,TUCSON,AZ 85701-1611. REQUEST FOR VARIANCE FROM OVZCR SECTION 10-407.C.3, REQUIRING A MINIMUM OF 50,000 SQUARE FEET OF GFA (GROSS FLOOR AREA) IN THE PRINCIPAL STRUCTURE FOR THE FIRST SUCH PAD OF DEVELOPMENT, SUBJECT PROPERTY: NORTHEAST CORNER ORACLE AND HARDY, (225-12- 065A),ORO VALLEY,AZ.85737. The applicant requests to reduce the required minimum of gross floor area from 50,000 sq.ft to 12,000 sq.ft.for the principal structure. 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,January 27, 2004,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: OV10-04-01: LEWIS AND ROCA LLP. KERI SILVYN AND FRANK S. BANGS JR., REPRESENTING CENTRES, INC., ONE S. CHURCH AVENUE, SUITE 120,TUCSON,AZ 85701-1611. REQUEST FOR VARIANCE FROM OVZCR SECTION 10-407.C.3, REQUIRING A MINIMUM OF 50,000 SQUARE FEET OF GFA (GROSS FLOOR AREA) IN THE PRINCIPAL STRUCTURE FOR THE FIRST SUCH PAD OF DEVELOPMENT, SUBJECT PROPERTY: NORTHEAST CORNER ORACLE AND HARDY, (225-12- 065A),ORO VALLEY,AZ.85737. The applicant requests to reduce the required minimum of gross floor area from 50,000 sq.ft to 12,000 sq.ft.for the principal structure. 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, January 27, 2004, 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: OV10-04-01: LEWIS AND ROCA LLP. KERI SILVYN AND FRANK S. BANGS JR., REPRESENTING CENTRES, INC., ONE S. CHURCH AVENUE, SUITE 120, TUCSON, AZ 85701-1611. REQUEST FOR VARIANCE FROM OVZCR SECTION 10-407.C.3, REQUIRING A MINIMUM OF 50,000 SQUARE FEET OF GFA (GROSS FLOOR AREA) IN THE PRINCIPAL STRUCTURE FOR THE FIRST SUCH PAD OF DEVELOPMENT, SUBJECT PROPERTY: NORTHEAST CORNER ORACLE AND HARDY, (225-12-065A), ORO VALLEY, AZ. 85737. The applicant requests to reduce the required minimum of gross floor area from 50,000 sq. ft to 12,000 sq. ft. for the principal structure. 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. Posted: 1-6-04 Time: 1 : 30 pm REQ:71 M. Nodine,AICP B y: s a g ORO VALLEY PLANNING AND ZONING DIVISION BOARD OF ADJUSTMENT REPORT CASE NO: OV 10-04-01 Hearing Date: January 27, 2004 Agenda Item No.: 2 Prepared By: Dee Widero, Senior Zoning Inspector REQUEST: LEWIS AND ROCA LLP, REPRESENTING CENTRES, INC., REQUEST FOR VARIANCE FROM OVZCR SECTION 10-407.C.3, REQUIRING A MINIMUM OF 50,000 SQUARE FEET OF GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURE FOR THE FIRST FREE-STANDING PAD OF DEVELOPMENT. SUBJECT PROPERTY: NORTHEAST CORNER ORACLE ROAD AND HARDY ROAD (PARCEL #225-12- 065A). REQUEST SPECIFICS: The applicant requests relief from the required minimum of gross floor area of 50,000 sq. ft. in a principal structure prior to the development of a free-standing pad fronting or directly accessible from Oracle Road. The request, specifics of the Code and required findings are presented in the attached application and within Agenda Item#1, OV10-03-07. The applicant has submitted the request as a contingency in the event the decision presented in Agenda Item #1 is reversed (the appeal is successful). Approval of this variance would allow development of the Eckerd drugstore. as a separate pad. SITE LOCATION: This site is located on the northeast corner of Hardy Road and Oracle Drive. NOTIFICATION: All property owners within 300 feet of the 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 had not received any public comment pertinent to the issues in this case. SITE ANALYSIS: Currently this site is vacant and undeveloped. This is a C-1 Commercial property consisting of 8.85 acres. The property slopes from the northeast corner to the southwest corner approximately 40'. There are many constraints due to topography. Surrounding Land Uses North: C-1, Commercial,Undeveloped. South: C-1, Commercial, Circle K Store&R-6,Multi Family Residential, Existing Apartments. West: R-6, Multi Family Residential, Existing Apartments. East: R1-36, Single Family Residential, Shadow Mountain Estates. PLAN ANALYSIS: The proposed plan consists of a 12,000 sq. ft. Eckerd's Drug Store, which will be located on the southwest corner of the property. The drug store will be built as part of phase one and will provide general retail sales, a pharmacy and a drive-through window (positioned on the north side of the building). Three other buildings are proposed as phase 2: two retail-office-restaurant buildings in the east portion of the lot and a restaurant pad in the northwest portion of the lot. SUMMARY: Staff finding of facts: 1. The Code provision applies to all sites of five acres or more within the Oracle Road Scenic Corridor Overlay District (ORSCOD). 2. The Eckerd site is over eight acres and is within the ORSCOD. 3. At 12,000 square feet, the Eckerd's building is the largest building on the site; the two retail-office-restaurant clusters are 8,000 square feet each (16,000 total) and the proposed restaurant is 6,800 square feet. 4. The total proposed floor area on the site is approximately 35,000 square feet for a floor area ratio (FAR) of less than 10%. This is much less than allowed for the C-1 zoning category (25%) and it is less than the typical C-1 development of a 20% FAR. However, without utilizing two-story structures, no additional floor area could be added to the site due to the need to provide drainage, buffer the residences to the east, create grade changes, and provide a 100' natural area on the west. In other words the site is not typical and cannot reach the 50,000 square foot principle structure provision of Section 10-407.C.3.a of the OVCZR. 5. The site is proposed to be accessed from Oracle Road and Hardy Road. 6. The site slopes generally from east to west with a drop of 40 feet over 600' horizontal (7%). The slope requires four grade changes on the site: east side, west side, and two in the center (one running north-south and the other running east-west just north of the Eckerd parking area). The grade change between Eckerd's and the retail-office- restaurant clusters is approximately 10'; the grade change between the phase two area to the north of Eckerd's and the Eckerd's is a seven feet . 7. There is a 100 foot, natural open space area between the developed areas of the site and west property boundary (Oracle Road right-of-way). Typical streetscape buffers are 30 feet on Oracle Road. 41011 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: I move to approve OV 10-04-01, a request for relief from the required minimum of gross floor area in a principal structure prior to the development of a free-standing pad. OR I move to approve OV10-04-01, a request for relief from the required minimum of gross floor area in a principal structure prior to the development of a free-standing pad with the following stipulations: (Staff does not have any stipulations to recommend). OR I move to deny OV 10-04-01 finding that: (Board to state reason why the variance cannot be granted). ATTACHMENTS: 1. BOA application (Note: Site plans, Code references, and a site map are included in the packet for the appeal [Item #1]) F:\OV\OV 10\2004\10-04-01\REPORT.doc Z vWN OF ORO VALLE it PLANNING DEPARTMENT 11000 N.LA CANADA DRIVE ORO VALLEY,AZ 85737 PHONE: 229-4800 FAX: 742-1022 RECEIPT ****************************************************************************** REFERENCE NUMBER: DS0400003 RECEIPT #04P00002 SITE ADDRESS: TAXCODE: DATE: 01/05/2004 TIME: 10:03 AM COMP TYPE: MISCELLANEOUS RECEIPT TYPE: DESCRIPTION: BOARD OF ADJUSTMENT VARIANCE FROM OVZCR APPLICANT: CENTRES INC OWNER: Notation: Receipt By: SG SG PAID BY: Type Method Description Amount Payment Check 233399 600 .00 TOTAL: 600.00 FEES PAID: Description Account Code Current Pmts Board Of Adjustment 001-000-408 600.00 TOTAL: 600.00 Account#: Ending Balance:$ 0 0 �n,,LE7 4,, 1 TOWN OF ORO VALLEY PLANNL IG&ZONING DIVISION t 11,000 N.LA CANADA DRIVE,ORO VALLEY AZ 85737 Phone: (520)229-4800 Fax. (520) 742-1022 4 k4E0,91s BOARD OF ADJUSTMENT APPLICATION FOR: XXZoning Variance Zoning Interpretation Appeal of Administrative Decision CASE NO.: NATURE OF REQUEST: Variance from OVZCR Section 10-407(c) (3) requiring a minimum of 50,000 square feet- cid development. See attached for details. owro Centres, Inc. APPLICANT: c/o Lewis and Roca LLP Attn: Keri Silvyn and Frank S. Bangs, Jr. PHONE: Silvyn: 629-4438; Bangs: 629-4405 FAX: Silvyn: 879-4721; Bangs: 879-4701 ADDRESS: One South Church Avenue, Suite 700, Tucson, AZ 85701-1611 OWNER: Oracle/Hardy 8.5 Acres #1276 Attn: Teran andAssociates, Inc. ADDRESS: 5956 East; Pima, Suite 120, Tucson, AZ 85712 PROPERTY LOCATION FOR VARIANCE REQUEST: Northeast corner Oracle and Hardy Shadow Mountain Estates East PARCEL#: 225-12-065A LEGAL DESCRIPTION:g 6 t 9_n 7 f P P t o f E l k A CURRENT ZONING: C-1 APPLICABLE FEE: $600.00 ATTACHMENTS: Yes SIGNATURE OF APPLICANT (ALSO PRINT NAME) DATE Centres, Inc. By: is d Roca , P ;.--1 4./ '''r/7/6 , Keri L. Silvyn 1 SUPPLEMENTAL QUESTIONS FOR APPLICATION FOR A VARIANCE 1. 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? See attached B_ Are there special circumstances that exist that are not self imposed or created by the owner/applicant? See afiJ-la_r P� C. Is the authorizing of the variance necessary for the preservation and enjoyment of substantial property rights? See attached 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? See attached 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. See attached 2 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 11x17 dimensioned plot plan,if applicable 15 copies of 11 x17 dimensioned floor plan,if applicable 15 copies of 11 x 17 building elevations, if applicable Provide 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. ARTICLE 1-7. BOARD OF ADJUSTMENT Sec. 1-701 Scope The Board of Adjustment shall hear and decide requests for variances and appeals of interpretations of this Code in accordance with Section 9-462.06. Sec. 1-702 Powers and Duties A. Interpretation The Board of Adjustment shall interpret this Code on appeal when: 1. There is a dispute between the appellant and the Planning and Zoning Director or other Town Official as to a decision or interpretation as set forth in Sec. 1-706;or 2. The location of a zoning district is in doubt. B. Variances The Board of Adjustment may allow variances from the provisions of this Code in accordance with Sec. 1-709,Findings. Sec. 1-703 Meetings. Administration of Oaths and Compelling Attendance of Witnesses All meetings of the Board shall be held at the call of the Chairman and at such other times as the Board . may determine. All meetings of the Board shall be open to the public. The Chairman, or in his absence, the acting Chairman, may administer oaths and compel the attendance of witnesses in accordance with the 3 laws of the State of Arizona. Sec. 1-704 Composition A. Appointment: The Board of Adjustment shall be composed of five members appointed by the Town Council. B. Terms: Appointments are for staggered terms of two years each with no limit on the number of terms. C. Vacancies: Vacancies shall be filled for the unexpired portion of that term within a reasonable time period as provided for by appointments of the Town Council. D. Removal: The Town Council has the authority to remove, by majority vote, any member for neglect of duty,inefficiency or misconduct in office. Sec. 1-705 Transaction of Business A. The Board of Adjusts cent shall conduct its business in accordance with the Arizona Revised Statutes and applicable Town regulations and any rules and procedures as adopted by the Town Council. B. The Town Clerk, or an appointed representative from the Town Clerk's office, shall serve as the Executive Secretary of the Board of Adjustment and the minutes and records of all board proceedings will be kept and filed as public record in the files of the Town Clerk. Sec. 1-706 Appeals from Administrative Decisions Appeals may be taken to the Board of Adjustment by persons aggrieved or by any officer, department, board or bureau of the municipality affected by a decision of an administrative official,within 30 days, by filing with the officer from whom the appeal is taken,and with the Board of Adjustment, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit all papers constituting the record upon which the action appealed from was taken. Said appeal shall be filed on a form provided by the Town Clerk. A. An appeal shall stay all proceedings in the matter appealed from unless the officer from whom the appeal is taken certifies to the Board that, by reason of the fact stated in the certificate, the stay would, in his opinion, cause imminent peril to life or property. In such case,proceedings shall not be stayed, except by restraining order granted by the Board or by a court of record on application and notice to the officer from whom the appeal is taken. The Board shall fix a reasonable time for hearing the appeal and give notice thereof to the parties in interest and the public. B. The concurring vote of a majority of the Board shall be necessary to reverse any order or decision of an administrative official,or to pass or to affect any variations from the terms and conditions of this ordinance. 4 Sec. 1-707 Application for Variances Application for a variance of zoning regulations shall be made to the Board of Adjustment in the form of a written application. Said application shall be filed with the Town Clerk upon forms provided by the Board of Adjustment and shall be accompanied by: A. Plans and description sufficient to indicate the nature of the project involved and the proposed use with ground plans and elevations of all proposed buildings. B. Evidence satisfactory to the Board. of Adjustment of the ability and intention of the applicant to proceed with actual construction work in accordance with said plans within 6 months after issuance of the variance. C. A filing fee according to the fee schedule adopted by the Town Council. The owner of a nonconforming sign shall not be required to pay a filing fee when applying for a variance from the ordinance that renders the sign nonconforming. D. From the time of filing the application until the time of such hearing, the application and all maps, plans and other accompanying data shall be available for public inspection during office hours at the office of the Town Clerk. Sec. 1-708 Hearing and Notice Upon receipt in proper form of any such application, the Board of Adjustment shall. proceed to hold a public hearing upon said application not more than 30 days, or less than 15 days, after such filing, at which time all persons shall be given an opportunity to be heard. Such Board of Adjustment shall cause one notice of such hearing to be published in a newspaper of general circulation in the Town of Oro Valley and one notice to be posted on the subject property, giving at least 15 days notice of said hearing, and the time and place where said hearing will be held. Said notice,both as published and posted, shall also show the nature of the variance or exception requested and state that anyone wanting to protest may appear in person or by writing. All property owners within 300 feet must be notified. Sec. 1--709 Findings A variance from the provisions of this Code shall not be authorized unless the Board shall find upon sufficient evidence: 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 5 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. Sec. 1-710 Action The Board shall prescribe, in connection with any variance; such conditions as the Board may deem necessary in order to fully carry out the provisions and intent of this Code. Such conditions may include, among other things, a limitation of the time for which such variance shall be valid. Violation of any such condition shall be a violation of this ordinance and such violation shall render the variance null and void. Sec. 1-711 Review Any person aggrieved by a decision of the Board after hearing on application made by any taxpayer or municipal officer, may petition for a writ of certiorari to review the Board's decision pursuant to ARS Section 9-465 (1956) as amended. BOARD OF AD,TUST1V]ENT APPLICATION FEES For applications or appeals involving construction of any nature, which require legal advertising and posting of property affected,the fees are,as follows: Variance or Appeal of Decision(1 item; 1 lot) $600.00 Fees for each additional,simultaneous variance or appeal $ 100.00 • 6 VARIANCE REQUEST 1. The Property. Centres, Inc. ("Centres")plans to develop land located at the northeast corner of Oracle Road and Hardy Road(the "Property"). The Property is over 8 acres in size. It has been zoned C-1, Commercial District, since the Property was annexed into the Town. The development will include a 12,000 square-foot Eckerd drugstore, two office/restaurant clusters of 8,000 square feet each and a proposed restaurant of 6,800 square feet. The total proposed floor area for all buildings is 35,000 square feet, substantially less than the 87,000 square feet permitted on an 8-acre, C-1 zoned parcel. Due to setback requirements, topographical constraints, and a request for a wider bufferyard from neighbors to the east, no more than 35,000 square feet of floor area can be constructed. All of these site-specific constraints are explained in the answers to the Supplemental Questions for Application for a Variance. 2. The Variance Request. Oro Valley Zoning Code Revised("OVZCR"), Oracle Road Scenic Corridor Overlay District ("ORSCOD") Section 10-407(C)(3) states: Establishment of free-standing building pads fronting on or directly accessible from Oracle Road is permitted only on sites of 5 acres or greater, with a minimum of 50,000 square feet of GFA (gross floor area) in the principal structure required for the first such pad. Additional pads, requiring further increments of principal building GFA, may be permitted only by express Commission approval, subject to the following requirements: 1. Properties not exceeding ten acres in area shall provide an additional 25,000 square feet of GFA or portion thereof for each additional pad requested . . . Due to development constraints on the Property, the minimum 50,000 square feet of GFA is impossible to achieve. In addition, this section of ORSCOD contemplates a development with a clear "principal" structure with smaller pads, which are only permitted if the principal structure is over 50,000 square feet. Centres' development contains four freestanding buildings, none of which (or any of which) could be the principal structure. It is unclear whether the 50,000 square-foot requirement applies to a development that does not have a clear"principal structure." To the extent this section applies, however, Centres requests a variance from the minimum GFA requirement. 150834.1 SUPPLEMENTAL QUESTIONS FOR APPLICATION FOR A VARIANCE 1. 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? ORSCOD requires an average 120-foot building setback from Oracle Road. Centres is providing an average 150-foot building setback. In addition, ORSCOD requires and Centres is providing a 100-foot natural open space bufferyard area between the developed areas of the site and the west property line. The Property slopes from east to west with a drop of 40 feet over 600 horizontal feet (7% slope). The slope presents a challenge to development of the 8-acre Property, requiring three grade changes. The center grade change is the most significant—approximately 10 feet—that is accomplished with retaining walls. Smaller, separate buildings must be built to accommodate these grade changes,. The neighbors to the east have also requested a substantial bufferyard between them and the development. The OVZCR requires a 50-foot rear bufferyard. At the request of the neighbors, Centres will provide a 70-foot bufferyard that contains a meandering drainage channel, landscaping and a buffer wall. Taken together, these constraints—the ORSCOD 100-foot setback, topography and enhanced east bufferyard—limit the developable building area to 35,000 square feet divided among multiple buildings with no clear principal structure. It would be impossible to develop this site at its maximum density (approximately 87,000 square feet), let alone 50,000 square feet. B. Are there special circumstances that exist that are not self imposed or created by the owner/applicant? As described above, the topographical, setback and bufferyard requirements are not self- imposed or created by the applicant. Centres proposes a development that complies with the purposes and requirements of ORSCOD, and accommodates the topographical constraints, setbacks from Oracle Road and bufferyard requests from the east neighborhood. This results in only a 35,000 square foot development. C. Is the authorizing of the variance necessary for the preservation and enjoyment of substantial property rights? The Property cannot be developed as the freestanding pad provision of ORSCOD anticipates: a primary structure of at least 50,000 square feet and an independent pad. Due to the topographical, drainage, and other constraints listed above, the Property can 150834.1 only be developed with the individual buildings—one at 12,000 square feet, two at 8,000 square feet each and a fourth at 6,800 square feet. This development makes it difficult to apply this section of ORSCOD, especially when the site cannot reach the 50,000 square- foot gross floor area requirement to allow a freestanding PAD. Without this variance, it would be impossible to develop the Property. 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? Grant of the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity. It is the unique topography of the Property, application of ORSCOD and enhanced east bufferyard, when taken together, that dictate the need for the variance. 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? This variance will provide the minimum necessary to afford relief. The variance will also increase the health, safety and welfare of the neighboring properties by permitting a development with substantially less square footage than the underlying zoning would allow, enhancing the Oracle Road bufferyard and east boundary line, and appropriately handling the challenges of topography on the Property. Further, the development, with smaller, separate buildings, comports with many of the goals of ORSCOD, especially providing viewshed corridors to the Catalinas from Oracle Road. 2 150834.1 TO: Board of Adjustment Jan. 26, 2004 Town of Oro Valley 11000 N. La Canada Drive JAN' 2 6 2004 Oro Valley, AZ 85737 FROM: Carl A. Kuehn Oro Valley, AZ 85737 SUBJECT: Case File OV10-04-01: Lewis and Roca, LLP., Keri Silvyn and Frank Bangs Jr., representing Centers, Inc. One South Church Avenue, Suite 120, Tucson, AZ 85701-1611, Request for a variance from OVZCR Section 10-407.C.3. Requiring a minimum of 50,000 square feet of Gross Floor Area in the Principal Structure for the first such PAD of development, Subject Property: (Parcel #225-12-065A) Northeast corner of Oracle road and Hardy, Oro Valley, AZ 85737. Dear Members of OV Board of Adjustment: I most strongly urge you to reject this application because it very clearly fails to meet the findings of fact legally required of any Board of Adjustment to hear any variance request in the first place. The applicant's need for a variance to build the proposed Eckert's Drug store with a Gross Floor Area of less than 50,000 square feet as the first PAD of this development is a self-imposed hardship. It has nothing to do with Parcel #225-12-065A. The property is perfectly suitable for numerous other developments that would meet the 50,000 square foot requirement. The only reason the applicant needs a variance is because Eckert's only wants to build a 12,000 square foot commercial PAD. This is purely a self-imposed condition. This is precisely the kind of self-imposed hardship the court found in Burns vs. SPA Automotive, Ltd. Ariz. 503, 753 P.2d (App. 1988). In this case, the need of the applicant car dealer for additional signage to individually display logos of three automotive manufacturers was determined to be a self-imposed hardship because the need arose only because the applicant wanted to have three dealerships on his property. Zoning Code is Law and not simply a guideline of how to do things. It is not within the prerogative of the Planning & Zoning Administrator or the Town Attorney to pick and choose exactly which laws they want to comply with or not. In order to change the law, the proposed changes in language must go through Planning & Zoning and on to Council. Proposed changes must lie in front of the public for 30 days prior to when the Town Council can adopt them. Changes in the Zoning Code can only be done through a Public Hearing Process. 1 This variance is an attempt to circumvent the zoning code and is nothing but a self- imposed hardship. In summary, there is a body of Arizona case law that can and would be used in court to appeal and eventually overturn this variance should it be granted. Please reject this variance in order to avoid this litigious and unnecessary path. Legally there is a right way and wrong way to get to where the Applicant wants to go. The wrong way is through the BOA and a variance, the right way is by changing the Zoning Code through P&Z and the Town Council. Respectfully Yours, (frit."' Carl A. Kuehn 9250 N. Calle Loma Linda Oro Valley, AZ 85737 2 w AGENDA ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION JANUARY 27, 2004 ORO VALLEY TOWN HALL COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION at or after 3:00 p.m. CALL TO ORDER ROLL CALL EXECUTIVE SESSION AT OR AFTER 3:00 p.m. 1. PURSUANT TO ARS § 38-431.03(A)(3), DISCUSSION WITH THE TOWN ATTORNEY FOR LEGAL ADVICE IN CONNECTION WITH CASE NO. OV10-03-07 BARRY GILLASPIE, 8801 N. RIVIERA DRIVE, ORO VALLEY, AZ 85737, REQUEST FOR AN APPEAL OF ZONING CODE INTERPRETATION ZCI03-04, PERTAINING TO FREE- STANDING BUILDING PADS WITHIN THE ORACLE ROAD SCENIC CORRIDOR DISTRICT, ISSUED BY THE PLANNING AND ZONING ADMINISTRATOR. (PARCEL #225-12-065A) LOCATED ON THE NORTHEAST CORNER OF ORACLE ROAD AND HARDY ROAD, ORO VALLEY, AZ 84737. RESUME REGULAR SESSION AT OR AFTER 3:30 p.m. MINUTES Approval of the Minutes of October 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. OV10-03-07 BARRY GILLASPIE, 8801 N. RIVIERA DRIVE, ORO VALLEY, AZ 85737, REQUEST FOR AN APPEAL OF ZONING CODE INTERPRETATION ZCI03-04, PERTAINING TO FREE-STANDING BUILDING PADS WITHIN THE ORACLE ROAD SCENIC CORRIDOR DISTRICT, ISSUED BY THE PLANNING AND ZONING ADMINISTRATOR. (PARCEL#225-12-065A) LOCATED ON THE NORTHEAST CORNER OF ORACLE ROAD AND HARDY ROAD, ORO VALLEY, AZ 85737. 2. CASE NO. OV10-04-01 LEWIS AND ROCA LLP., KERI SILVYN AND FRANK S. BANGS JR., REPRESENTING CENTRES, INC., ONE SOUTH CHURCH AVENUE, SUITE 120, TUCSON, AZ 85701-1611, REQUEST FOR A VARIANCE FROM OVZCR SECTION 10-407.C.3, REQUIRING A MINIMUM OF 50,000 SQUARE FEET OF GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURE FOR THE FIRST SUCH PAD OF DEVELOPMENT, SUBJECT PROPERTY: (PARCEL#225-12-065A)NORTHEAST CORNER OF ORACLE ROAD AND HARDY, ORO VALLEY, AZ 85737. r 2 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:1/23/04 4:30 p.m. lh MINUTES ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION JANUARY 27, 2004 ORO VALLEY TOWN HALL COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION at or after 3:03 p.m. CALL TO ORDER ROLL CALL PRESENT: Colleen Kessler, Chair Cindy Lewis, Vice Chair Greg Marlar, Member Bill Adler, Member Bart Schannep, Member EXECUTIVE SESSION AT OR AFTER 3:07 p.m. Member Adler recused himself from Item 1 and the Executive Session because the existence of the communication itself may create the appearance of partiality. MOTION: A MOTION was made by Member Adler and SECONDED by Vice Chair Lewis to go into Executive Session at 3:07 p.m. for the following purpose. Motion carried, 5-0. 1. PURSUANT TO ARS § 38-431.03(A)(3), DISCUSSION WITH THE TOWN ATTORNEY FOR LEGAL ADVICE IN CONNECTION WITH CASE NO. OV10-03-07 BARRY GILLASPIE, 8801 N. RIVIERA DRIVE, ORO VALLEY, AZ 85737, REQUEST FOR AN APPEAL OF ZONING CODE INTERPRETATION ZCI03-04, PERTAINING TO FREE- STANDING BUILDING PADS WITHIN THE ORACLE ROAD SCENIC CORRIDOR DISTRICT, ISSUED BY THE PLANNING AND ZONING ADMINISTRATOR. (PARCEL #225-12-065A) LOCATED ON THE NORTHEAST CORNER OF ORACLE ROAD AND HARDY ROAD, ORO VALLEY, AZ 84737. Motion carried, 5-0. MOTION: A motion was made by Member Schannep and SECONDED by Vice Chair Lewis to go out of Executive Session at 3:47 p.m. Motion carried, 4-0. RESUME REGULAR SESSION AT OR AFTER 3:56 p.m. CALL TO ORDER ROLL CALL PRESENT: Colleen Kessler, Chair Cindy Lewis, Vice Chair Greg Marlar, Member Bart Schannep, Member - 01/27/04 Minutes, Board of Adjustment 2 RECUSED: Bill Adler, Member MINUTES Approval of the Minutes of October 28, 2003 MOTION: Member Schannep moved to APPROVE the October 28, 2003 minutes as presented. Motion SECONDED by Vice Chair Lewis. Motion carried, 5-0. PUBLIC HEARINGS: 1. CASE NO. OV10-03-07 BARRY GILLASPIE, 8801 N. RIVIERA DRIVE, ORO VALLEY, AZ 85737, REQUEST FOR AN APPEAL OF ZONING CODE INTERPRETATION ZCI03-04, PERTAINING TO FREE-STANDING BUILDING PADS WITHIN THE ORACLE ROAD SCENIC CORRIDOR DISTRICT, ISSUED BY THE PLANNING AND ZONING ADMINISTRATOR. (PARCEL #225-12-065A) LOCATED ON THE NORTHEAST CORNER OF ORACLE ROAD AND HARDY ROAD, ORO VALLEY, AZ 85737. Chairman Kessler swore in the witness that was intending to testify. Barry Gillaspie, 8801 North Riviera Drive, reported that his property was adjacent to the proposed development and was aggrieved by the interpretation of the ZCI03-04 made by the Planning and Zoning Administrator. He believed that to move forward with the decision would not be in compliance with the Oracle Road Scenic Corridor District (ORSCOD), Section 10-107.C.3.a of the Town Zoning Code. He gave the following reasons why he was aggrieved by the decision and used the overhead projector to review the proposed development: • He believed the Eckerd's Drug Store was a free standing pad that did not meet the 50,000 square feet minimum requirements for a principal structure. • In the event that Phase II does not proceed, a substandard principal structure would be created. In addition, there is no requirement in the proposed development conditions that requires that the changes to Phase II of the development be submitted to the Development Review Board, Planning and Zoning Commission and Town Council. He explained that for these reasons he believed he had met the requirements that the interpretation was an error of law. • If the Eckerd's Drug Store was the principal structure as interpreted by the Zoning Administrator, the balance of the proposed development could not be built because it would be in violation of Chapter 10 Section 10-407.C.3.a of the Town Zoning Code. • Section 10-407.C.3.a states: "Establishment of free-standing building pads fronting on or directly accessible from Oracle Road is permitted only on sites of 5 acres or greater, with a minimum of 50,000 square feet of GFA (Gross Floor Area) in the principal structure required for the first such pad. Additional pads, requiring further increments of principal building GFA, may be permitted only by express Commission approval." Mr. Gillaspie stated that the Eckerd's Drug store did not meet this section of the codes requirement. • A letter of support received from Richard F. Counts, Vice President of the Community Sciences Corporation was read into the record. (See attached letter dated 12-15-03) • By creating the standard that the northwest restaurant pad is free standing the Zoning Administrator has approved three additional standing pads which require additional square footage in the principal structure as per Chapter 10 Section 10-407C.3.a.1, e. of the Town's Zoning Code. - 01/27/04 Minutes, Board of Adjustment 3 • The pads for the restaurants and office restaurant clusters must go before the Planning and Zoning Commission for approval. This requirement of the Town Zoning Code was violated because the Planning and Zoning Administrator did not forward his proposal to the Planning and Zoning Commission. • There are many other options that could be used to develop the site but have not been explored or offered as a part of the proposal. In conclusion, he explained that for these reasons, he met the qualifications necessary to uphold his appeal. He felt that the interpretation was an error of law and exceeded the authority of the Planning and Zoning Administrator and considered the decision an act of abuse of the official's discretion and the decision was arbitrary and capricious. In answer to a question from Vice Chair Lewis, Barry Gillaspie explained that the issue was a matter of principle and considered the interpretation to be in violation of the ORSCOD ordinance. He explained that if the citizens could not rely on the Town to enforce the Code, future residents would not be afforded protection of the Code they rely on. Bryant Nodine, the Planning and Zoning Administrator gave a Power Point presentation of the site using the overhead projector and presented the following facts: • Basis of the Decision a. Eckerd's Drug Store does not fit the definition of a free-standing pad. b. If the Eckerd's Drug Store is a principal structure the additional buildings are permitted. c. The Planning and Zoning Administrator has the authority, per Section 10-401.C, to recommend standards to assure compliance with ORSCOD goals and objectives. d. The decision was within the authority of the Planning and Zoning Administrator. e. The interpretation was not arbitrary for the following three reasons: 1. As presented above, the interpretation was based on standard terminology and relevant sections of the Code. 2. The interpretation was based on the goals stated within the Oracle Road Scenic Corridor Overlay District. 3. The interpretation follows the standard within the Code related to interpretations. Namely, per Section, 1-102.A, that: "When the provisions of this Code are interpreted or applied, they shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare." Chairman Kessler opened the floor for public comment. Chairman Kessler swore in the witness that was intending to testify. Keri Silvyn, 1 South Church Avenue, a representative for Centres Incorporation explained that the company had expended large sums of money to create plans to meet the requirements of the Oro Valley Zoning Code and objectives of ORSCOD as well as address aesthetic concerns of the neighbors to the east. She reported that a development plan has been scheduled for Mayor and Council consideration on February 4, 2004 and are hopeful the company can proceed to move forward with the project. She stated that the administrator's interpretation had merit from the developers prospective for the following reasons: • From a legal standard the zoning administrator has the responsibility to interpret the Town's Zoning Code. • Any interpretation was required to be fair and reasonable and should be made in light of the purpose for which the regulations were enacted. 01/27/04 Minutes, Board of Adjustment 4 • To apply the 50,000 square foot requirement the development not only renders the property undevelopable for commercial uses but perverts the entire purpose of ORSCOD. • With the restriction imposed by ORSCOD and the topographical constraints, it would not be possible to develop the property with commercial retail space. • The company can not create 50,000 square feet of retail space without creating a 2-story building. • The Town interpretation is consistent with the primary purposes of the ORSCOD, which is to provide view-shed corridors for mountain views, created aesthetically pleasing development along Oracle Road and not permit strip type development along the road. • The development, as proposed provides four separate buildings instead of one 50,000 square foot strip center. This layout helps to create an aesthetically pleasing development since the buildings are broken up to provides the view shed corridors that ORSCOD contemplates. • The developer's interest was to get as much retail space on the property as possible for obvious reasons. She explained that considering the parking restrictions and 100 foot setbacks and additional buffer yard for the neighbors to the east, the property could not be developed without creating a 2-story building. • If the 50,000 square foot requirement were applied to the site and developed, the results would be exactly the type of centers ORSCOD was trying to discourage. • If the Board adopts the interpretation Mr. Gillaspie is requesting, Centres Inc. would be prevented from developing the property in a way that is consistent with the natural topography of the site. The result would be a much more intense project with more grading, traffic and noise. • The Town's interpretation was a fair and reasonable interpretation that would allow the property to be developed as entitled for commercial uses. • The Town's interpretation and Centres Inc. proposed development provides a superior development with less impact on neighbors. • It is clearly within the discretion of the Town to make an interpretation, Ms Silvyn asked that the Zoning Administrator's decision be upheld. Chairman Kessler swore in the witnesses that were intending to testify. Conny Culver, 10503 North Fairway Vista Lane, questioned the wisdom and rationale of the interpretation of the administrator because it was arbitrary and capricious. She stated that she supported the appeal and asked that the Board reverse the interpretation. Carl Kuehn, 9250 North Calle Loma Linda, spoke in favor of the appeal and urged the Board to uphold the appeal because it was a very well reasoned and argued appeal. He stated that the administrator had made decisions relating to the Zoning Codes that he considered arbitrary. Nancy Martin, 11780 North Via De La Verbenita, spoke in support of the appeal and felt the Town needed to be consistent and adhere to all aspects of the Town's Zoning Codes and Ordinances. Helen Dankwerth, 11515 North Flyingbird Drive, agreed with the applicant that the proposed development did not meet the 50,000 square foot requirement for a principal structure and the mandated ORSCOD requirements. She asked that the Board carefully consider their decision and its impact for the long term best interest for everyone. 01/27/04 Minutes, Board of Adjustment 5 Jim Kriegh, 40 East Calle Concordia, expressed concern regarding the cost of the interpretation made by the administrator and felt that the interpretation of the Town Zoning Code as it applied to the development was incorrect and did indeed violate the Zoning Code requirements. Chairman Kessler closed the public hearing. Mr. Gillaspie stated that he was aggrieved because of the inability of the Town to enforce the Zoning Code. He explained that it was very important to enforce the Code because it represented how the future of Oro Valley would be developed. Chairman Kessler reiterated that the Board's focus was to consider whether or not the applicant was aggrieved and has suffered special damages over and above the general public. MOTION: Vice Chairman Lewis moved to UPHOLD the decision made in ZC 103-04, finding that the appellant is not an aggrieved party and his appeal lacks merit based on the facts. Member Marlar SECONDED the motion. Discussion: Vice Chairman Lewis explained that in the realm of the applicant's presentation that he would not suffer anything differently from the general population in the surrounding area, and the applicant had no special standing to bring the appeal application forward and had not proven his case as far as merits. Member Marlar stated that he also questioned whether Mr. Gillaspie is actually an aggrieved party with special damages to his property or interest any more then the general public would be. He felt that there were some points revealed in the case which questioned whether or not Section 10-407.C.3 should have been applied or not to the 50,000 square foot minimum in its entirety. He explained that even though he was not convinced personally that the applicant did have standing, he believed that on the substance of the case presented, there was some merit to it. Chairman Kessler stated that there was merit to the fact that the Planning and Zoning Administrator does have the authority to recommend standards to assure compliance with the ORSCOD goals and objectives. She stated that in interpreting the case as he did, he had used his authority properly in the spirit of what was meant by the ORSCOD goals and objectives. ROLL CALL VOTE Chairman Kessler—aye Vice Chair Lewis—aye Member Marlar—nay Member Schannep— aye MOTION carried, 3-1, with Member Marlar opposed. 2. CASE NO. OV10-04-01 LEWIS AND ROCA LLP., KERI SILVYN AND FRANK S. BANGS JR., REPRESENTING CENTRES, INC., ONE SOUTH CHURCH AVENUE, SUITE 120, TUCSON, AZ 85701-1611, REQUEST FOR A VARIANCE FROM OVZCR SECTION 10- 407.C.3, REQUIRING A MINIMUM OF 50,000 SQUARE FEET OF GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURE FOR THE FIRST SUCH PAD OF DEVELOPMENT, SUBJECT PROPERTY: (PARCEL #225-12-065A) NORTHEAST CORNER OF ORACLE ROAD AND HARDY, ORO VALLEY, AZ 85737. 01/27/04 Minutes, Board of Adjustment 6 Mark Langlitz, Town Attorney explained that in view of the decision made by the Board in upholding the decision made by the Town's Planning and Zoning Director, there would be no need to hear the variance request at this point. Keri Silvyn asked that Item 2 be continued for 60 days to allow the appeal time period to lapse. MOTION: Member Schannep moved to CONTINUE Case No. OV10-04-01 for 60 days to allow the appeal time period to lapse. Vice Chair Lewis SECONDED the motion. Motion carried, 4-0. PLANNING AND ZONING UPDATE Bryant Nodine gave a brief update of upcoming meetings and projects. 1. The Planning and Zoning Commission will be considering the following projects over the next few months: • Steam Pump Ranch Development. • Work Plan. • Capital Improvement Plan project. 2. The Highway User Funds would be used to improve &maintain the road in the Town. 3. The Development Impact Fee Funds have been programmed through the Regional Transportation Plan to be used for larger projects such as the First Avenue and Pusch Ridge improvement and Pusch View Extension. Chairman Kessler announced that at the next meeting Vice Chair Lewis would serve as Chair and Member Schannep will serve as Vice Chair. ADJOURNMENT Chairman Kessler adjourned the meeting at 5:16 p.m. Respectfully submitted, Linda Hersha, Secretary II