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HomeMy WebLinkAboutOV100402 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, March 23,2004,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: OV10-04-02: CARL EWING REPRESENTING OWNER ALLIED HOMES, 1741 N 6TH AVE, TUCSON, AZ 85705, REQUEST FOR VARIANCE TO INCREASE THE MAXIMUM ALLOWED BUILDING HEIGHT FROM 18' TO 28'. SUBJECT PROPERTY: ORO VALLEY ESTATES LOT 72, 625 W. ATUA PLACE, ORO VALLEY,AZ,85737. The applicant request to increase the allowed building height from 18'to 28'. 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 Patty Hayes 229- 4819 or E-mail:phayes@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, March 23,2004, commencing at or after 3:00 p.m.The meeting will be held at the Oro Valley Town Hall, 11000 N.La Cafiada Drive and the subject matter will be as further described below: OV10-04-02: CARL EWING REPRESENTING OWNER ALLIED HOMES, 1741 N 6TH AVE, TUCSON, AZ 85705, REQUEST FOR VARIANCE TO INCREASE THE MAXIMUM ALLOWED BUILDING HEIGHT FROM 18' TO 28'. SUBJECT PROPERTY: ORO VALLEY ESTATES LOT 72, 625 W. ATUA PLACE, ORO VALLEY,AZ,85737. The applicant request to increase the allowed building height from 18'to 28'. 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 Patty Hayes 229- 4819 or E-mail:phayes@orovalley.net. • AFFIDAVIT ^' PUBLICATION STATE OF ARIZONA) :ss. COUNTY OF PIMA ) iA;iIE C. MACIAS 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 2 n O V 1 O-04-0 NOTICE OF HEAR I N6 was printed and published correctly in the regular and entire issue of said THE 1 DAILY TERRITORIAIrr o_r ARCH issuesbt4at was first made on the day of aXid and the last publication thereof was made on the day of MARCH 04 20 ; that said publication was modrptav,94t4f the following dates, to-wit: Request of TOWN OF ORO VALLEY Daily Territorial Jc - SubjbedajC\ fL.40 - ) -..7\,./\____k_____:,____ . f.' .._..-/ - and sworn to before me this day of 2n d MARCH 04 ,', 7P'- CIr L S=AL '-` • FCj3' iE JV ES R.,,, ,,,. My Comm.Expires NO 1,2004 Notary l�ub icy a d for the County of Pima, State of Arizona My Commission Expires: 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,March 23, 2004,commencing at or after 3:00 p.m. The meeting will be held at the Oro Val- ley Town Hall, 11000 N. La Canada Drive and the subject matter will be as further described below: OV10-04-02:CARL EWING REPRE- SENTING OWNER ALLIED HOMES, 1741 N 6TH AVE,TUCSON,AZ 85705, REQUEST FOR VARIANCE TO IN- CREASE THE MAXIMUM ALLOWED BUILDING HEIGHT FROM 18'TO 28'. SUBJECT PROPERTY: ORO VALLEY ESTATES LOT 72, 625 W. ATUA PLACE,ORO VALLEY,AZ,85737. The applicant request to increase the al- lowed building height from 18'to 28'. 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 Patty Hayes 229-4819 or E-mail: phayes@orovalley.net. REQ: Bryant M.Nodine,AICP Pub:The Daily Territorial March 2,2004 Req:The Town of Oro Valley hr3.23.04 ap oV 10 - 69- © o Page 1of1 Hayes, Patty BAR 1 From: CarlE10670@aol.com Sent: Monday, March 15, 2004 3:47 PM To: Hayes, Patty Subject: from Allied Homes March 15, 2004 Dear Ms. Hayes: RE: 625 W. Atua PI., Oro Valley Estates We are asking that our meeting with the Board of Adjustment scheduled for tomorrow, March 23, 2004 be postponed until the April 27th meeting. We are going to be making a presentation to the Home Owners Association to give the interested parties a chance to see the plans for the project enabling them to make decisions concerning the project, based on a study of the plans and not just a general objection to any project on the site. If you have any questions, please let me know. Sincerely, Carl C. Ewing, Architect This E-mail has been scanned by McAfee WebShield and is delivered to you virus free. Infected attachments associated with this E-mail have either been deleted or cleaned. --Town of Oro Valley Information Technology Division 03/15/2004 Page 1 of 1 Hayes, Patty From: Hayes, Patty Sent: Tuesday, March 16, 2004 8:22 AM To: 'CarlE10670©aol.com' Subject: RE: from Allied Homes Mr. Ewing, The Board of Adjustment case for 625 W. Atua Place has been moved to April 27, 2004. The property will be reposted and neighbors notified. Thank you, Patty Hayes Town of Oro Valley Original Message From: CarlE10670@aol.com [mailto:CarIE10670@aol.com] Sent: Monday, March 15, 2004 3:47 PM To: Hayes, Patty Subject: from Allied Homes March 15, 2004 Dear Ms. Hayes: RE: 625 W. Atua Pl., Oro Valley Estates We are asking that our meeting with the Board of Adjustment scheduled for tomorrow, March 23, 2004 be postponed until the April 27th meeting. We are going to be making a presentation to the Home Owners Association to give the interested parties a chance to see the plans for the project enabling them to make decisions concerning the project, based on a study of the plans and not just a general objection to any project on the site. If you have any questions, please let me know. Sincerely, Carl C. Ewing, Architect This E-mail has been scanned by McAfee WebShield and is delivered to you virus free. Infected attachments associated with this E-mail have either been deleted or cleaned. --Town of Oro Valley Information Technology Division 03/16/2004 4evpr AFFIDAVIT fr 'PUBLICATION STATE OF ARIZONA) :ss. COUNTY OF PIMA ) being first JAMIE C. MACIAS 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?0--04--0M CARL f`W I NG t"UE_•L 1 C NOTICE was printed and published correctly in the regular and entire issue of said THE DAILY TERRITORIAL for issues; that was first made 1 7 t h MARCH 04 on the day of 20 l 7 t h and the last publication thereof was made on the day of MARCH 04 20 ; that said publication was made on each of the following dates, to-wit: 03/17!04 Request of TOWN OF ORO VALLEY Daily Territorial Sutc(sc ibed and sworn to before me this day of _ 20 ' OFFICIAL aEi.Lt:'i MARCH .�,.�;.. ROBBIE JONES 04 ? NOTARY PUBLIC-STATE OF ARIZONA PIMA COU Notary Public in and for the County of Pima, State of Arizona My Commission Expires: 'No NOTICE OF POSTPONEMENT 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 hearing on Tuesday,March 23,2004,has been postponed.The meeting will be held on April 27,2004,commencing at or after 3:00 p.m at the Oro Valley Town Hall, 11000 N.La Canada Drive and the sub- ject matter will be as further described below: OV10-04-02:CARL EWING REPRE- SENTING OWNER ALLIED HOMES, 1741 N 6TH AVE,TUCSON,AZ 85705, REQUEST FOR VARIANCE TO IN- CREASE THE MAXIMUM ALLOWED BUILDING HEIGHT FROM 18'TO 28'. SUBJECT PROPERTY: ORO VALLEY ESTATES LOT 72, 625 W. ATUA PLACE,ORO VALLEY,AZ,85737. The applicant request to increase the al- lowed building height from 16'to 28'. 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 Patty Hayes 229-4819 or E-mail: phayes@orovalley.net. Pub:The Daily Territorial March 17,2004 Req: Bryant M.Nodine,AICP pnov10.04.02boa ap NOTICE OF POSTPONEMENT 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 hearing on Tuesday, March 23, 2004, has been postponed. The meeting will be held on April 27, 2004, commencing at or after 3:00 p.m at the Oro Valley Town Hall, 11000 N. La Canada Drive and the subject matter will be as further described below: OV10-04-02: CARL EWING REPRESENTING OWNER ALLIED HOMES, 1741 N 6TH AVE, TUCSON, AZ 85705, REQUEST FOR VARIANCE TO INCREASE THE MAXIMUM ALLOWED BUILDING HEIGHT FROM 18' TO 28'. SUBJECT PROPERTY: ORO VALLEY ESTATES LOT 72, 625 W. ATUA PLACE, ORO VALLEY, AZ, 85737. The applicant request to increase the allowed building height from 18' to 28'. 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 Patty Hayes 229-4819 or E-mail: phayes@orovalley.net. Posted: 3-16-04 Time: 8 : 30 a.m. REQ: t M. Nodine, AICP By: sg 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, April 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: OV10-04-02: CARL EWING REPRESENTING OWNER ALLIED HOMES, 1741 N 6TH AVE, TUCSON, AZ 85705, REQUEST FOR VARIANCE TO INCREASE THE MAXIMUM ALLOWED BUILDING HEIGHT FROM 18' TO 28'. SUBJECT PROPERTY: ORO VALLEY ESTATES LOT 72, 625 W. ATUA PLACE, ORO VALLEY, AZ, 85737. PARCEL#224-34-072A. The applicant request to increase the allowed building height from 18' to 28'. 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 Patty Hayes 229-4819 or E-mail: phayes@orovalley.net. / -REQ: Bryant M. Nodine,AICP POSTED: 4-6-0 4 time: 10 : 15 a.m. by: drm 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,April 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: OV10-04-02: CARL EWING REPRESENTING OWNER ALLIED HOMES, 1741 N 6TH AVE,TUCSON, AZ 85705, REQUEST FOR VARIANCE TO INCREASE THE MAXIMUM ALLOWED BUILDING HEIGHT FROM 18' TO 28'. SUBJECT PROPERTY: ORO VALLEY ESTATES LOT 72,625 W. ATUA PLACE, ORO VALLEY, AZ, 85737. PARCEL#224-34- 072A. The applicant request to increase the allowed building height from 18'to 28'. 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 Patty Hayes 229-4819 or E-mail: phayes@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,April 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: OV10-04-02: CARL EWING REPRESENTING OWNER ALLIED HOMES, 1741 N 6TH AVE,TUCSON, AZ 85705, REQUEST FOR VARIANCE TO INCREASE THE MAXIMUM ALLOWED BUILDING HEIGHT FROM 18' TO 28'. SUBJECT PROPERTY: ORO VALLEY ESTATES LOT 72,625 W. ATUA PLACE, ORO VALLEY,AZ,85737. PARCEL#224-34- 072A. The applicant request to increase the allowed building height from 18'to 28'. 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 Patty Hayes 229-4819 or E-mail: phayes@orovalley.net. AFFIDAVIT (W PUBLICATION STATE OF ARIZONA) as. COUNTY OF PIMA ) being first duly AVIrj iee§esitf li '-3hat (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 04. '7.04 OV:t 0-04--0: CARL EWING NOTICE OF HEARING was printed and published correctly in the regular and entire issue of said THE DAILY TERRITORIAL for :;issues: that was first made on the r �'h day of APRIL 20 and the last publication thereof was made on the day of APRIL 20 i ^� that said publication was made on each of the following dates, to-wit: 04/07/04 Request of TOWN OP OR .; VALLEY Daily Territorial \\. By \_.,'N\r\\ d-and sworn to before me this' day of 0 OFBC IATSE RE F2 A"fiffr APRIL ROBISONESr NOTARY PUB • '' ' `�r. g;; S ov. 1,2004 Notary Public in and rthheCouun~�Y` .'`. �-te of Arizona My Commission Expires: I —1--D4 NOTICEOF 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,April 27, 2004,commencing at or after 3:00 p.m. The meeting will be held at the Oro Val- ley Town Hall, 11000 N. La Canada Drive and the subject matter will be as further described below: OV10-04-02:CARL EWING REPRE- SENTING OWNER ALLIED HOMES, 1741 N 6TH AVE,TUCSON,AZ 85705, REQUEST FOR VARIANCE TO IN- CREASE THE MAXIMUM ALLOWED BUILDING HEIGHT FROM 18'TO 28'. SUBJECT PROPERTY: ORO VALLEY ESTATES LOT 72, 625 W. ATUA PLACE, ORO VALLEY, AZ, 85737. PARCEL#224-34-072A. The applicant request to increase the al- lowed building height from 18'to 28'. 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 Patty Hayes 229-4819 or E-mail: phayes@orovalley.net. REQ: Bryant M.Nodine,AICP Pub:The Daily Territorial April 7,2004 Req:Town of Oro Valley hr4.27.04 ap ORO VALLEY PLANNING AND ZONING DIVISION BOARD OF ADJUSTMENT REPORT CASE NO: OV 10-04-02 Hearing Date: April 27,2004 Agenda Item No.: 1 Prepared By: Patty Hayes, Zoning Inspector REQUEST: CARL EWING REPRESENTING OWNER ALLIED HOMES, 1741 N 6TH AVE, TUCSON, AZ 85705, REQUEST FOR VARIANCE TO INCREASE THE MAXIMUM ALLOWED BUILDING HEIGHT FROM 18' TO 28'. SUBJECT PROPERTY: ORO VALLEY ESTATES LOT 72, 625 W. ATUA PLACE, ORO VALLEY, AZ, 85737, PARCEL #224-34-072A. REQUEST SPECIFICS: Carl Ewing is proposing to build a two story house increasing the allowed building height of 18' to 28'. The subject property is currently an undeveloped parcel. The east and south elevations of the house are 16' in height. The north elevation is 28' in height. The northwest elevation of the house is 26' in height. SITE LOCATION: This site is located in the Oro Valley Estates subdivision. The site can be reached by traveling north on Oracle to Linda Vista Boulevard turn west (left) travel approximately 1 mile, turn north (right) on Calle Buena Vista to Valle del Oro Road turn right go to the first street which is Atua Place. Travel approximately'A of a mile then turn right in to the cul de sac. Subject property is the second property on the right. NOTIFICATION: All property owners within 300 feet of this property were notified by mailing of this hearing. The property is posted with a notice of hearing and the hearing was advertised in the Daily Territorial. Staff received two public comments in opposition to the request from Mr. Zizzi at 635 W. Atua Place (one story house) and Mr. Wheeland at 9750 N. Calle Buena Vista(two story house). Mr. Wheeland has had to opportunity to review the plans and on April 23, 2004 has decided to withdraw his comments. No additional comments have been submitted at the time of this report preparation. SITE ANALYSIS: Oro Valley Estates is 235-lot subdivision, recorded in February 1954, included as part of the original town limits, and is zoned R1-36. It lies south of the Canada Del Oro wash and Lambert Lane. To the east lies Valoro Estates, zoned R1-43, and Oro Valley Heights, zoned R1-43, south is Linda Vista Citrus Tracts #2, zoned R1-144. Lot 72 consists of 36854 square feet in total area. PLAN ANALYSIS: The applicant is proposing to build a 6238 (under roof) square foot, two-story, single-family residence. The proposed house will increase the allowed building height from 18' to 28' from the existing grade. If the natural cross slope under the building footprint is greater than 6%then the building height shall be measured from natural grade and not finished pad. The cross slope under this house pad is greater than 6%. Thus, for an 18' structure a 6' cut would increase the allowable building height to 24'. A 6' fill would decrease the allowable building height to 12'. Attached are copies of the OVZCR definitions and illustration for building heights. The Town of Oro Valley's Engineering department has reviewed the use of a shielded cut for compliance with the grading ordinance. A shielded cut would allow unlimited cut within the footprint of the house. This allows the applicant to utilize an 8' shielded cut for the southern portion of the house. The applicant has submitted a copy of a one-story home showing the inability to comply with the OVZCR grading ordinance 6' cut and fill limitation. A shielded cut under a one story home on a lot with the topography of this lot would not allow a home of adequate size. Essentially, lots with steep slopes, a larger footprint is not possible with the Town's cut and fill limitations. The only option to achieve additional floor area is to add stories. SUMMARY: Staff finding of facts: • The eastern elevation is primarily one-story at 16' in height • The north elevation is the two-story portion of the house at 28' in height. The permitted height with the proposed 2' cut would be 20'. • The west elevation is 26' in height at the northwestern portion. The permitted height with the proposed 2'cut would be 20'. • The south elevation is 16' in height using an 8' shielded cut. • Houses to the north, south and east are one-story homes. Houses to the west and southwest are 1 V2 and 2 story houses. • The topography of this lot slopes 42' from a high elevation of 2582 to an elevation of 2540. • The applicant has placed poles as height markers on the property. Members are encouraged to visit the site. • No other height variances have been granted in this subdivision. The Board of Adjustment should consider the following findings in making its decision: A. That there are special circumstances or conditions applying to the property referred to in the application including its size, shape, topography, location or surroundings which do not apply to other properties in the district; and B. That special circumstances were not created by the owner or applicant; and C. That the authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights; and D. That any variance granted imposes such conditions as will assure that the authorizing of the adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located; and E. That the authorizing of the variance will not be materially detrimental to persons residing in the vicinity, to adjacent property, to the neighborhood or the public welfare in general. SUGGESTED MOTION: The Board may wish to consider the following motions: I move to approve OV 10-04-02, a request to increase the building height from 18' to 28'. OR I move to approve OV 10-04-02 as submitted by the applicant with the following stipulations: (Staff does not have any stipulations to recommend). OR I move to deny OV 10-04-02 finding that: (Board to state reason why the variance cannot be granted). ATTACHMENTS: 1. BOA application with narrative 2. Location map 3. Site plan 4. Elevation plan 5. Code References 6. Photos 7. Letters F:\OV\OV 10\2004\10-04-02\REPORT.doc • OQO JPLEEY,qR/�o� TOWN OF ORO VALLEY PLANNING & ZONING DIVISION ctz, 2 6 2004 .bj - ,E. 11,000 N. LA CANADA DRIVE,ORO VALLEY AZ 85737A. FEB � Phone: (520) 229-4800 Fax: (520)742-1022 FENDED`91a BOARD OF ADJUSTMENT APPLICATION FOR: X Zoning Variance Zoning Interpretation Appeal of Administrative Decision CASE NO.: 0\1 1 O-O -O,3, NATURE OF REQUEST: 13V1L'01NG HElc4}T VAR/ANC TO THE-1 WW of- ®Ra VA L t.v-Y DoARW oc t?STMLIJ T ?utz,s UA N T To L'1"t o 14 1--70 7 o f Tie OR° vosa-t.ey zoNit4C. Corps. tZEYtsED. rt..eA E ,EE. ATTp cii ED LAETTgla.. . APPLICANT: A LL I D RoMES j I N C . PHONE: S 3077 XxT. 2Z FAX: $8 Z- 83Q ADDRESS: 1741 N . Yit AVE. ) TDSOICI, AZ 8 S 70 S OWNER: / L.LL1 HOMES, 1 N C. . ADDRESS: 1741 N . IonH AvE .J Tvc SOI`I ) A 2 SS 70S PROPERTY LOCATION FOR VARIANCE REQUEST: (,2-S W, A To A ?L.AC . PARCEL#: 22.4 -34-072A LEGAL DESCRIPTION: LoT 72 j oRo VALLEA .ST'TEs CURRENT ZONING: R L "3G APPLICABLE FEE: `.. ( oa. ©0 ATTACHMENTS: IS Co'P(eS OF 45ITE PLAtJ FLcb(Z PtAk 15 4- ELEVATIONS SulibMrrTED WOv13-O4-o4 (SEE- Sv5A1-1A MaNTANA) cover_ - TTER PHOTOS 8 0l2I a•i t t- 1-5TogT p E516 4 SIGNATURE OF APPLICANT (ALSO`PRINT NAME) DATE o 2/24/04 t - C- ge-f.7Fort u t E D E-i aM E S CAg L c. Eu)1 i.16 I • FEB 2 6 2004 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? TH 1 S LOT ie sTS>? ANT OAS A His►RReD u.) A RI5A os�l W i c To $V t t4, LONG THE Ax1 S o'F -Dia Slope- • EVEN Lt)1T44 A 5H I -t-V5D C cri THE _ s TO 8E R'ETAf 4 MD •ARE MOIZa 'L r) PERri iTT •D. B. Are there special circumstances that exist that are not self imposed or created by the owner/applicant? 1%1t7 — THIS LS A 'I4rc t4T L-oT- C. Is the authorizing of the variance necessary for the preservation and enjoyment of substantial property rights? Ye-S. w IT OQT A \ARiA Nc , IT SE r'1s DovBTFV L 'TN T 'T�i LOT CAN � �tJ i t�T o 4 W t Tf4 A 1-1-atA S DP- A g 12• C-OM?AT t 1iL E "ME 14Ek G 59KH-ocip • D. If granted,will the variance impose such conditions as will assure that the authorizing of the adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located? NO. 1 tt RE. ARE 14 0tflERoO S Hor MS 114 THE CAME N 1 G I 1 itt2.p -MAT- 14,41) 'Tv T To s i M i t AR So tv"j't ON S . SEE- ATTi4c 4 t 'Pt-I TO-s ' o R Soul E ExA,w LES . E. If granted, will the variance be the minimum necessary to afford relief and will not materially affect the health, safety, and welfare of the neighborhood or surrounding properties. `f�S. "rf 'PRp? aTy w1 t_t_ la D T E oyT o� G GT�iZ '$J t'T) TH SV RRovNDt NG 1•1E1G14 gx,Ri c>ol . 2 2 _1WN OF ORO VALL Y PLANNING DEPARTMENT 11000 N.LA CANADA DRIVE ORO VALLEY,AZ 85737 PHONE: 229-4800 FAX: 742-1022 RECEIPT ****************************************************************************** REFERENCE NUMBER: DS0400116 RECEIPT #04P00127 SITE ADDRESS: 625 W ATUA PL OV TAXCODE: 224-34-072A DATE: 02/26/2004 TIME: 10:24 AM COMP TYPE: MISCELLANEOUS RECEIPT TYPE: DESCRIPTION: BUILDING HEIGHT VARIANCE APPLICANT: ALLIED HOMES INC OWNER: ALLIED HOMES INC Notation: Receipt By: JLB ******************************************************************************************* JLB PAID BY: Type Method Description Amount Payment Check 14749 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: $ ALLIED of HOMES 1741 North 6th Avenue,Tucson,AZ 85705 520 882-3077 520 882-3830 Fax February 25, 2004 FEB 2 6 204 RE: 625 W. Atua Pl., Lot 72, Oro Valley Country Club Estates Town of Oro Valley Planning and Zoning Division 11000 N. La Canada Drive Oro Valley, AZ 85737 Dear Sir or Madam: We are submitting our application for a building height limit variance to the Town of Oro Valley Board of Adjustment pursuant to Section 1-707 of the Oro Valley Zoning Code Revised. We purchased this lot almost two years ago and have been trying to resolve the design of a residence for this challenging lot ever since. We tried to design a one-story residence for the lot along the contours of this lot to minimize the effects of the slope. Unfortunately we have not been able to achieve a solution that would meet the requirements of the ordinances and produce a residence that will work within the economics of the lot and subdivision. The slope of the lot is too steep and the lot too narrow(along the axis of the slope)to be able to keep retaining walls within the maximums allowed below the home even when the home is buried into the slope on the uphill side. As this is proving to create a situation where the lot is not suited for development and therefore will produce a financial hardship for us,we are asking that the maximum height allowed for the proposed residence, over the adjacent existing grade,be increased from 18' to 27'-6"at the maximum point of measurement. The Easterly and Southerly elevations are not in excess of the 18' maximum allowed. The Westerly elevation is approximately 1/2 below the 18' maximum allowed. The Northerly elevation is the only one that is affected by the excess height for a good deal of its full length. If you have any questions and/or comments,please let us know. Sincerely, Carl C. Ewing,Architect 882-3077 ext. 22 BOOK 13 PA E 60 See Shee/4 0/'8 29 1 S w 13747. •s „_ 123 122•.2 14O24' e , BLOCK 11 '')•-3,.- ! di p�g O • s. .. a �: Y� 1r 5649i°' �� 37,1.4k•' N1:3 . beet 3 >.t1 a e'.a cc.) f°' ':SF �,,`, I A 2 7 3.v 1• ..7- ';J7Sr • 'S S. -.�9,Th.E f 4og0 CANST- 7 87 64' ,,,,.6".' \\1'k; •-a- ti'4\,tee S°' C ” 14399�-.-' 130 ;,o l/•4 BLOCK 12 ,� ",;s,�. ;g6.3 75 �y3�‘. �;do PLACE f2 +{ 131 284,i`e7°' `raj • -1 'ts.. (� G, czzi 3 ,^� C�,�. 134,52_ , ,;,4 ♦8•V O- alb n�z.• \ (2)74 • .. -•.. 5 -o`er o CD i 97.59' Z b 25'25'• _ • o = I. 52• a 200 1 a O �9 ® :U 18.420°• "`• 3•E .cam 10 • RO — y Q�. ' 1' 35 i ® N1etA g w•. © _ b01 ♦' . = 9800 N• Spy-; ;,,A } 1 a 51 - �.. ,._ ?: o` 9,. q �_ 72 S 37195 �` ! .,s5.';s� • 3 m 39,554•' A t 9A •'Cl s.� 73 \�•: °, \ L; G.. ' l0'3 35 •V N v''3`' S 0 s�9 2 pz 7\� ?; 3/7,•17z 2•°• 'r3`. 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' ryy .3t'y ,1�7 1-- s•ti /,i9.. sE 1 0- :IDOL( ♦ �'}`,t3o94y CW WO9 70 , :,, ti� �•SS• Gs- r' 39 ��,,3 I "'a `7�``i v }1~2 0 s a, pt�� r 46,R 34° 33. 41,244°" oy�• - 14 Oy 8744' 5 - 1.97• 6."� % O3 6,743•' F-.3 CIO Y"•>.5►. rh^ 41 C, 1W ^1g �rTOO °�RsvEs=•� ® ® 1i�� • :�•,r 0 O n I es,wy 'O;90 n,z 39,.00• 4- s 384. ,W ram 55'i2.4t.'• 110' ,(.B.V3'- %,c�,-. • G4 ,1*- O 3 •1,. a a 661 =r 7 v. 5. 0 q O \' 34 .:� L ci 2js.zr: prLl►CE� !,Tj no - s\ `W ��`'•t ••� -, ° 4n ►_- 1 >` .. `v•x� y1 0 R - ? o\ \..1 37,s40•' 3 - 44 N u i . •; K><N�� •Z•35'So 4 �" N ��' z 37 Z 3� 35 N, °_ Z. A \\ 4 , el`" P0'0.:;~ .... :.'S.'t(:O. G5' .7yv1p d u�N _\ -\� �, 220.97' 11 o�♦ 6 1 2 57.w 48,531•" N 37.809°' IOa' 3T,902•. \ \ N.89•48'4o•4. '3 < ' .`. T Oo' I\ 242.15 O •+ ' i1 N.Y A'•\ N.89.48'4o-L at \ N 1. (JrO24 J '„ 2 2g 1� \,� f f 1\ 1� 33 ��c Co3 > ,A 2 36,148•' •' 34,1f9•' C. 40,301°• �', >r O\ `'1 , 0 • n y oT 7'.S• �- \q`_ 'off `' 34;964•���C- 3fi,rfa!•' e' Q C ° s- �` f \ 1 �i t e - ; 0 ,� o 0 ` . 4-"- 1 ,38' \ \ 215.95 0' i _ - - -z •.,f1 ?- .`o V. 1, :.."''. . _ 209' ,70' .. \_ 138' 140' - -- -1`- ----' - L- �. --- ,90.02`-- Z �� y 189.so' 189.50• I ' JT'1158' ,58' 100' • :rip 1' N.09.48'4o•E_ J' e \ 23 2G27 29 30 N 31 a�3aa„ 32 0 ; a 42 0- :::: • - A 3G •" `' C '" P= 30,020•• e_ �, 29,88s•' a0° 34,009•' ^_37047"' 36,00s•' 005 30,020 p 3o,ozo d C z ;, ,� _ Zoo ��� •t 4bol i :S Z' 9600 • 0 4 (7) SCALE: 1°=���1 Qls 24.29' 0 189.So 189.50' ,'•° SSE!' _ ,S8' 216' 7S' 'a 0 164.39' I� • LINDA VISTA 8LV D. �„ 9600 • 1210 zsY .�. 214.14' • 121Soo' I -' TO SOUT.. jt:oNwEq SE,;Y,OM i4,T-/Z-S,q-,3-E. N 89.40.40^E. 243945• ' PnCG.[QSet.47iJ ; L I N D A VISTA CITRUS T R ACTS NO.2 BOOK 6, PAGE 79-MAPS AND PLATS RECORDED NOV.1,1037 ORO VALLEY I 0 0 ESTATES 0 0 AfG1N61 0 0F ONO V 0 • Ci1•sir-Sa Sheet tore • GENERAL NOTES: L UNIMPROVED DISTUREED AREAS RESULTING FROM O'ERATIIRS ON THIS LOT SHALL X RESTORED TO THEIR NATURAL STATE SY UTILIZING D ff-RESISTNIT VEGETATION AS STATED HY THE TOWN OF ORO VALLEY ZONING CODE. ALL UTILITY TRENCHES AND/OR LEACH FIELDS ARE TO DE RESTORED TO THEIR DIUGDIAL NATURAL CONDITDRG. 2. EXCESS SOIL GIDIERATED FROM EARTHWORK°MATIRRS SHALL DE REMOVED FROM THE SITE AND LAWFULLY DISPOSED OF,OR,IF ALCOVES AND APPROVED NY THE TOWN ENIIDCER, SITE MATERIAL MAY X PLACED SO AS TO SECONE AN INTEGRAL PART OF THE SITE DEVELOPMENT,ALL DI ACCORDANCE WITH TIE HILLSIDE DEVELOPMENT. 3. CUT AND FILL SLOPES Attu SLOPE TREATMENT TO DE IN CORM-LANCE WITH THE REQUIREMENTS OF'THE ACCEPTED 6E13TE0IQCAL EPIGLNEERDIG INVESTIGATION OR THE TOWN OF ORO VALLEY REVEGETATIDN REQUIREMENTS C) 4. EXCESS SOIL MATERIAL GENERATED FROM THE EARTHWORM OPERA-TENS SHALL NOT SE DISPOSED OF DY PUSHING OR PLACING SAID MATERIAL INTO THE AREAS DESIGNATED AS 100 PROJECT SITE YEAR FLOODPLAIN AREAL 3. THE CONTRACTOR IS RESPONSILE FOR ASSURING PROPER AND ADEQUATE DRAINAGE. EL=QUI. '..tr • VALLE DEL ORO RD. 6 ELEVATION OF FINISH PAD SHALL DE CERTIFIED NY REGISTERED LAND SURVEYOR PRIOR TO PORING FOUNDATIDNS. A COPY OF CERTIFICATION MUST>E APPROVED DY ORO VALLEY SUILIDNG SAFETY DEPARTMENT PRIOR TO CALLING FOR DUD-DING INSPECTIONS. 7. PRIOR TO ANY DSSILDDNG FINALS,A FINAL GRADING INSPECTION A ATUA p"" MUST DE[WADED FROM THE TOWN Of OCT VALLEY. CALL 0 THE ORO VALLEY DUOLDING SAFETY DEPARTMENT AT 229-4000 CO FOR A FINAL GRADING INSPECTION AT LEAST 24 CTVENTY-FOUR) `�3/E)` HOURS IN ADVANCE. ,IPW • • ha 2s'12 x RI fir g 044 as ism y 2ss0 2s'�. 4111111L1111111111111.- �A11f!4•r xss2 G ILI IMP SSA 7. ~ IP LOCATION MAP eft if 50 4 ? \ ,b� NO SCALE l� } ,..ir,s ______,.. , . , AT WPM L . ' i .-. 1.4. ,.,..,riimmi..... ...1,1„, ,:..., f \ ' "''10.44 ill iii7-618.9....MM.-"I-V.1MM\illik *--,1. r,. - •g,--- '!' •/-101Zigili --"" illIllk 41 \ Pik►�.4= ..� Flury' ^ ye 237 \ ill '-"a'IMIPA Z .f.� r/,,,1 -� - t •,:`' ' LOT INFORMATION CI\ ��t Wpli! m �i.,..• ADDRESS 624 V.ATUA PLACE liti. N� `�• ��� '� �� LOT NO.72 ESTATES by ! tM = +. � a t�•/ \ y� ZONING_ A .g �:�1•" CUT VOLUME •970 CLODS. 04 •,-Ti..,::;;:,..• � ''''-• FILL VO ERNE-230 CUYDS 0 NEV CONTOURS -\11111111111P"..- ..•^. M 3 `, D N o Fil*ACP Umo EXIST.CONTOURS _` \ 11111h11\11:\ N, — ?�0� LEGEND f j ,tik a.1.10 i .41,11 a. y1SHC. =FDNISNEDH[DJSECORER ELEVATIONOI�r�eirraTA1TaN. -TOP OFWALLELEVATION„ 2yTOxs =TOIPff IMTURALSLOEELEVATnm,rSE. -SVALE ELEVATION VI°°°4\11\ l6 Z xy�• 2 V 20 0 20 40 GRADING / SITE PLAN . , Scale: '"=2° SCALE. 1'-20' (5H.."EET"..".; A.1 $T.O.P. = 16'-0' I T.O.P. = 14'-0' L,_ Xi CI ________ I ' T.O.P. = 14'-0'$ T.O.P. = 13-0' I il'-0' I 471_ �� ----- ----- ----- ----- - � I r10'-0' /' ELEV. ABOVE NATURAL GRADE = 18' - ,_a• An 1 ___I _L N —1-- 9 6'-8'$ I L —1 til I I I 1 I 1 ' I I I..... } . I . . _ .++----- f .. .._i II; a . i I I1 = Z ,Iii0 I I I I I I I I I - - F.F.E. = 0'-0'$ (�,� --------------- ------------- 1 Q W W I a i NORTHERLY ELEVATION F.F.E. _ -12'-0' SCALEt 1/4'= 1'-0' ` r' Y $T.O.P. = 16'-0' n ' T.O.P. = 14'-0' T.O.P. = 13'-0'$ J I --- 9'-0' $ W U T.O.V. = 5'-4' -6' $JF.EI0'-0' -1__----- -_i -------------------- W d CC AC SOUTHERLY ELEVATION a SCALES 1/4'= 1'-0' T.O.P. = 16'-0'45 T.O.P. = 16'-0' r-- 1 T.O.P. = 14'-0'di, -- T.❑.P. = 14'-0' �� ELEV. ABOVE NATURAL GRADE = 18' 0 ' T.❑.P. = 13'-0' I gill - i r T.O.P. = 13'-0` Imo' n ...444 11'-0' 4 1 -- - - ----la-' ) - MN _ -- --- - _ ---� �� I ! In-1 1[_ 1 -f ELEV. ABOVE NATURAL GRADE = 18' 1 I —_ I I i 1,1 - I T.O.V. - 4'-.' $ I I l i II I;I 1 I Ej 1 FFE = 0'-'' 11 I I I I i Hill i I( F.F.E. = 0'-0' I --J ►� I _I— I _r--— r H J f - EXIST. GRADE �- 1 1 J--- I FINISHED GRADE I I f -- I I fl I I — f I I I EASTERLY ELEVATION I 1 SCALE' 1/4'= 1'-0' i _ :+� I I Cl/ �r _ I LJ---- - ' ---- ---1--- ------ L J F.F.E. = -12'-0' $ 12-6 r �,-s. 1' - - 8-3' tt_5, 13_ ' 131_0. 131_I. 3,4' C \ ----F o o a o o " a f'�TILL RAIL R 442"AFF. Z 4 BALCONY • ia ° 110a3 PLA44( O II O 0 o O O O O \ o o S\ \ \ 1 \ .111 O r ls��u i r- �L It-- If i 174, 0 \ COVERED as \ 2,-`' ® ENTRY r / / rt 9'-a'FL Cag. - " () (TEMP.) \ FOYER a \ '1 M. BEDROOM n'o"FL crg- z-s {a-O FL C(g 0 2,•0, l'day \ OF7.0 - 41 4„ !l Ft EftsrE >I�-1t rr r v \ it_ r R 1 1 M. BATH0 I �"c R.wlc Till 1 c�rA6E FRGt1 9'-0"N.Ctg. FP. OR EQ.l EARTH MEG L RCO OM T .GLASS EEJ.OJ 6F DOOR MC GREAT ROOM in 1 V --1 3'-0' 1 2'-4' / \ °\ 11 I DINING 7,,> ' 481 I� 0 I 1 i I n'-o"KCtg. I 91_0„14.Gg 0Iid I ifle i N.I.C. I m a \ 4 TOP 61-0"H.� I I / 1-4 / t;') 5-4'/ 1?-4' X 3'1, L C/ PLATFORM m oPNG ARc4- - TOIL -�1O 0=� -- --- '- \ Y Y i tti/FT :� W COATS ;. ) 0ii ` 01-1. -0' , --, 41.0' I, 101-4' -0-1,4 0' �, n'-5 i KpTir Q FOR MOW SEE GQ97ET 6t 'PI_TEER I 9G-O"a GE Z Si-OP DRAUW45 ^+ O ,. - ®� zr1\ a n" a - i 1 \/ I I / t-� 'r i -,,8 _ Ki CAI 0 V! \ „w„ n'�" 4 W :'' 3",t O ua.AMORAL FAMILY I DUI 1'-6' 70'-4' cc 5 2 34" MK l NOSING PERAL � 3+ INC SECTION R38.TYP. ROOM 4' •PONY UJALL UY i '( ^� �• " 42"NIGH PONY WALL n'_O"�{Cig E1�EA�A67 6AR I 6,_�, i O ad Q li IT-2' I7 /7 ,36" I7 ?I Rid. ;o ^ 4" / I /\ 1 1 1 /\ 1 1 UTILITY NOTE: N- _ O �: - l-y I T-0"H.O so PROVIDE IV TYPE'X' * Q A rn- 8 GYP.@D a SEPARATION /A . \ / 4'-0' / rr-- En WALLS I CEILING i�J f" b ��J n N k x, c O m O D T I I t tu I -- .... � 0 0 0 0 0000 GOO ® : 1�L tl�. l�l�t t T� l6tsl�'f I, �6�1�..1 ..�, _�,.5..-=_- \ \ \ 1 ,.. R / 2'-4' / 31-0' - 31 _0 / 3-0' / 9-4' / 3.6' , 3'-02' / 3-0 / 6_5' / 3_O' / 3 !7- ' f 3-0' / Ti'_3' r U'-b' 6,31-51 / A 1) UPPER FLOOR PLAN GENERAL PLAN NOTES: asa4Le, t44„•P-0" ' I. EXTERIOR ULALL.b TO EE CM OR 2x6'6 AT A"OC.WTTH 3/5"ow 6-EAR 8. PROVIDE MN.20 FLOCKING AT ALL TOILEL BARS AND WALL AREA CALC'S D 00FR SCNE U L L E PANELS UI+E1ZE SNOW 44 STRJOTIARALDRAUSGS AT EXTERIOR NAILED FIXTLNES- PER WEAR WALL.5CF E R-'9 BAIT 1448,1 ESTERN'ONE-KOT'E'(!G80 1.7'PER FLOOR LIviNING G AREA 2,T1O EF 4161 SF 0 °Oq°Ita alws. 99'9)OR EQ STUCCO O4ER I"0411E FOAM 6FEAT14MG U3114 MK 3 MIL S. FIRE WALL.SEPARATION AT GARAGE TO ESE 5/6"TYPE'X'GYP- LOVER FLOOR LIV Ai EA fall EF DOOR 1114Na is VAPOR 0.4 ER SE GENERAL STRUCTURAL NOTES FOR SPECIES I BD.ON WALLS I CEILING ADJACENT TO LIVING SPACE.PROVIDE GARAGE I I.E0-I 692 SF Igi= RPM Mimi GRADE OF 1=0. MIN.1 46"T1-K DOOR LLV ELF-CLOSER AT PASSAGE TO INTERIOR CO RED'VIM" 65 13Ft t 4'a' V-a' 1 ir^ ENTRY et SPACES, BALCONY 520 0 2. INTERIOR WALLS TO ME 2x4'6 AT 12"O.C.(BRG)OR 2x4'6 AT PATIO 4E6 SF W I I I IIf'10� CJ.CI DUI E 2 1 Ir'-0' 1.-0.' 11941. GAWK& OxMALo� DOO R OR 24"O.C.(NON-151%). PROVIDE 2x6'6 AT ALL PLIt'1t"SMG UJAL1..8, 10. PROVIDE 1tfirtTtU GLASS AT ALL GLAZED SHOJ.ER ENCLOSURES AND TOTAL ba38 6F t/ 3 1 e'-a" 1'-0' FWR. GARAGE CHPETA.&WrO DOOR SEE GENERAL 6TRJCTURAL NOTES FOR SPECIES 4 GRADE OF WOO. AT ALL WET AREAS UATHN 60"CF FMI6N FLOOR.HAZAR2OJS AREAS,AND O �aMs 4 I 3-0" 6'-s" I;1" U1 LiTY/9ASi�oE IC-61 tsw aetI! ALL WINDOWS WITHIN 1S"OF FNISH FLOOR PER 2000 iRC,SEC.R308.4 orr MART �y yw 6 I 3'-0" b'-6^ 1 9" tm.rtr/uMA%rtcae4 uc 3. PROVIDE FIRE BLOCKING AT ALL 60FFfTS,PURR DOUNS AND CONCEALED •. rnswa Rom+ TRICK r 1 s'-0" r-a' 1 R" UTFA ITY Tao PR DOc>!t v tar.GLA66 SPACES CF 6T117 WALLS AT to INTERVALS ESOTtl VERTICALAND FIO!QlZONTAL II. 2000 I YENTILATICN AND EGRESS REQUIREMENTS 6Fy4LL GQFORM TO tic 2000 IRO G-IAPTER 3,SECTIONS R303. MEC VALUES: 7 mob'-0" r'-a' ALtK TM 4" ro®-6S'PUN�R ter.Loc ula+e 1 t 7'-O" •'-s" I�" COATri uc PER(RC SEC.RiOJB 13 3 '6'-0"" 4'-6" ALUt TM 4" ,ABOVE 0' 6 1 61-4" 6'-0" 1 h" MAVEN 7uo PR-Etc. 4. IL9NO036 AND SLIDING GLASS DOOR'S TO DE ALLI"'INJI PRAM 12. PROv1DE ATTIC ACCESS N LOCATIONS 113-ENE ATTIC HEIGHT EXCEEDS 30". W(NDOUIB(XO) U•311 c 3 r'-o" 'h" AUK TAN 4" 0' ' s 7'_i" •'-6" 1 4" TOI.em 1 7,s i MATH uc T1-'ERIO-PANE OR EQUAL WMDOlih3(FI?c8D) U■.12 13. PROVIDE ROUNDED O01@rERb AT ALL INTERIOR GYP-OD.WAL..LS. DOORS U•A4, 13 7 s'-o^ •'-,a" ALUt Tax 4" 64 b 6 1'-*" 6'-6 I V" MDR,WC,34714,L. 1{G SLIDING DOORS U•2.1 E 3 D'-O" 4,6" AWN. TAN 4" F34E0 Aecve r-6�rL.43 POR re,.LAGTICN6 11 1 e-0• O.-O.' 1'FR MACTER 63266 64Ai6 DOQ1 W TE 314E6 5. ZERO-CLEARANCE FIREPLACE TO SE 114EATIL.ATOR'OR EG(JAL IA. FROMM 60147 BATT SELL AT ALL t3EDROG1'"b AND BATHROOM PARTiTION6 SITS U•90 r 3 e'-a' IL6' ALiK TAN 4" WO OF.0U R PUN 1'QR TIP?.LAGTILTO o 1 -0" 1'1" NPR '6EDRCGM 2 RLmN7 OLA46 DOOR 7Y TE'P.6.466 'NO\ TESTED ANDO LISTED A UL 121 STANDARD PER 2000 IRC, nP,PROVIDEp(OU)r-N MIL AT FLOCR�CI fe JOIST SPACE a 7 4'-0" 4'-a' ALl t TAN 4" Men-TE'R•. 0 1 3'-0" I'-O" 1�" d o ai 3 WNW DOOR 1i,TE'r.&A66 SECTION RJ004. INSTALL PER MATr1FAC7llRB 6PECIFICATICN� WALL INSULATION R•19 S. 6EIOUER ENGLOSIIR£6 6FIA1 L FW1rc A MPL F trl6FrrD INTERIOR OF 900 8Q N. CLG INSULATION R•30 u 4 7'-a' 7'a' ALIK TM 4" 1AWD-62 PLAN FM t13r.LouncHe E4 I a'-a' r'-s" 1 M" 6TOR/F1EG�1 ka- 1.I.GUYE768 6,. ALL GLAZING PER 2000 IRC,CNAFTER 3,SEC.R308, AND 5F64L1.SE CAPABLE CF ENCOIPA66N A MNM'1 OF 30"DIAI'b I2M J D 2'•0" 7'-0" ALUM TAN 4" AWNS-U Ei0110?r 0 s 4'-0" r'-U" 1+�" EEDlROCTM 2 I t NG-d I'AIO 3 a CIRCLE PER 2000 IRO,CL APTER 21,SECTION P2106.1 GLAZniG SOIL AR FEAT GA?l - � COEl�ICfENT s o�4 IN 110221 K 2 e'-0" e'-o" ALUM. TAN 14" n)sceo OP W. I •'-0" •'-s°� 1'h" Ei'DIROQM I Hc.-d-nw 1. PROVIDE WATER-RESISTANT GYP.50.AT ALL WET AREAS.FROVDE MOM L u-.�...-..i. a�e.i�ea,-��i ti,'tl 1.1.11G.f11�t<Tn MiV'M dNT/F Tl# .. -„w.v...�..u...a 1?I/�1.!to Isr•��ealn _ _ .. I 1 -_ / 13O' / 1, f _o / I6'-4' / 10-4' / = U ❑ U PATIO 7 m6-3' l3`-3' / 5'-7' / I'-0' A 6'-2' �, 6'-7' r 10'-P / 3'-2' / --I / / O O \ N. �\ r-- O (TEP1°J (TEMP) ' mpg.J O (TEMPJJO197t / T-8 / r- ---- - , / 3,_4' / MECH / STORAGE 0 BEDROOM 2 I. BEDROOM 3 ;n PLATFORM '10-'0"H.C . s 4II lnI_�I,H.clg. �. �' Ili W. �,_T, ><\ ® O15 5 fBEDROOM 1 - -1,......CLQ 7 ___1to-Ic'k c m : _- o -- 1 DEN'g a C J GLASScIt 17 T DOOR Q 0 m. 0 9'-0'H.Cl.a T- : .i rt Q BATH 71+ BATH 0 r 9-11'a cog Q JQ 9-O"H c T-ir / ...,-- ..,L. J 0 31-4' 73'-O' / �� / O Y 9-0 H.C . ( J LOU WALL-42" l J0 C ABOVE NOSE — N. I-c N lbW 4(A 0 - lA-0DER BTAtR 6 Z iti LMETIALCE68io _���_ 74 W io 17.1.;0 ILIN. PRDVIDE ilr"TYPE'X To GTP.130-I UWLLS 4 0 0 1'6' I( ) � I 1 4'4' ri CEU.MG OVER STAIR / , P ' i / TYPICAL. 0 A � " Wed N. '� "-14"4 N .UM HANDRAL C 34"ABOVE NOSING F'E4R RC SECTION 1R3Ra.flP. cc 5 a 0�� N 11 Al m 37'-3' r V-4' / 13-a Q `� r �n yy °'li '_3� VJ • d 3ipo ' LOWER FLOOR PLAN ~m SCALE'1,4"•I'-m" "Nig z GENERAL PLAN NOTES: 1. EXTE LOR WALLS TO 13E 011 OR 24'8 AT 16"OC.UMTH 3/6"O88 el-EAR 8. PROVIDE MINI 2x8 BLOCKING AT ALL TOWEL EARS AND WALL PANELS 11,18ffe SHOWN N STRJCTURALDRAO1•66 AT EXTEERIOR NAILED FIXTURES. PER*EAR WALL SO-EMU R-19'LSATT NS,UE81ERN'CNE-KOTE'(ICOO 9893)OR E0 STUCCO OVER I"WHITE FOAM 8FEA11-IING LIAT14 MN.3 MIL 9. FIRE ULALL SEPARATION AT GARAGE TO EE 6/8"TYPE'X'GYP. VAPOR BARRIER SEE GENERAL.STRSCIJRA1-NOTES FOR SPECIE8 4 80,CN""TLLS 4 CEIORLING LW SELF-CLOSER TO LIT PA88ACsE TO f1�TERIC+Ft vIDE GRADE SPACES. 2. INTERIOR WALLS TO 8E 2449 AT 12"O.C./ERG)OR 4x4'6 AT 24"OC.(NON-BIGG). PROVIDE 2x6'8 AT ALL PLLA18 WALLS.1% 10. AR9ROVIDT ALL UE IT_AREAS WITHIN SO„CP FINISH FLOOR 1RED GLASS AT ALL GLAZED 4-10/EP ISS LO ARERES MO AS,AND SEE GENERAL STRICTURAL NOTES FOR SPECIES 4 GRADE OF WOOD. ALL LLINCX S3 WATHM 18"CP FNISH FLOOR PER 2000 IRC,SEC.R3084 3. PROVIDE FIFE BLCCKINCo AT ALL SOFFMTB,P. D01N8 AND 024MALED SPACES CP STUD WALLS AT IC'MIERVALB 430114 VERTICAL AND I4OR JZONTAL II. L 44T0 IRC�TCH VENTILATION, 3, DEGRESS SECTIONS REWIRE-ENT!.NTS SHALL COFORM TO PER lied:GEC.RSOT� 303. 4. UANDOJ8 AND SLIDING GLA88 DOORS TO DE ALLMIN M FRAME 12. PROVIDE ATTIC ACCESS 4N LOCATIONS UHER E ATTIC HEIGHT EXCEEDS 30'I TI-ER•10-PANE OR EQUAL. 13. PROVIDE ROt14DED CORNERS AT ALL INTERIOR GYP.BD.Loa L A aR -r WO. 5. row-CLEARANICE FIREPLACE TO lee'I-EATILATOR'OR ECSIAI. 14. P}iOV4DE 6014D SNIT N8UL AT ALL BEDROOMAND 8ATHROCM PARTIT10Nb TESTED AND LISTED TO UL 121 STANDARD PER 2000[RC, n•P,PROVIDE BLdLN-N INBUL AT FLOORIL'L.G.JOIST SPACE. NOTE SECTION RI0O4. INSTALL PER MAIdFACTUREER9 SPECIFICATIONS. S. BNGIER ENCL06.14E8 SHALL HAVE A MN.FNISFED INTERB(CR CP 900 ea N. SEE MEET 3a FOR POOR 6. ALL GLAZING PER 2000 RC,CHAPTER 3,SEC.R308. AND SHALL BE CAPABLE CP EC A MNI'1M CP 30"DIAP ETER AND WINDOW ULES 3b CIRRGLE PER 2000 I .CHAPTER 21,SECTION PTIOBJ 1. PROVIDE WATER-RESISTANT GYP.BD.AT ALL WET AREAS.FROVIDE CERAMIC ♦"-—CATIAI AT IU ICV C4r'I MI awA A ISA1141" A TO NN 11"ABOVE TIE u .A A..rrir mural 1 Stirs wpm III Apr./WO. m 544 h 206 �254$ 1111'''''-xjAND I 1111, 255025� GIPFND 1/4"19 � R1-5 13007 1111‘ A h ti c a- 0 ••0 Ss2 ••��, /1.,��0 OHO�.". . •1111001111Liiihrileill • • 4 • \••••:07011:0 O • 0000 • - • O 00 000 • _84 • Qom.,: ► OOOO000 5Q' C O0 . 04 • fb / 46. • go ao • a O • O000• OOsoOOoO ► h --^ . +i'" " \oez:0000•ool000c0000•da..104,.!oeiptecononooloo. 40,0000000.4 .. 4se 1. *PaL• 00 * • •_0000 Tdv O • • O O s 0 � 0 nv • • i • � •• Vo • 00 • : • 400 . 0000 .\\ ��� • • • . • 0000000.0Oa* • • !s • • 510 `W. • ‘1/4".„ r'...• 5\ , '�,• '� .1,41Vilnlini.,411.417.000.1•1 >le. s mow\E WO •'r-•• ��\ iwip... ••• -� `` itA%000• yy'b 4i o � ` ��.0.i •. .Oa°Oo o, IOW1101,•-.4„,,,„"Nk. OIL \ro,,....41. °°oo•a.: y0c 11 I 44 N kl '` I144lak �\ •000 •°•� by „di dill, oo r. ` w VIE ' ii* •00000►•� � I` . 0 _ t \� �, Ill H.C. 2 '1.41111110. *4 , tratoit%v•, O D5/8"IP `_: Z �.t 25637 „, � ,`, i. N.. ,, TDV.2569A ��p000.000lee%.000•'(C6S! o-4.e. •.4 rn i411A•1.wt-.i r MI. It. Wcu t • +•00,E C 4614` t..4•„,4r, -:: 441,.1.M.....,, . Nd0••'t-,'*i.k . If .11 svALE y��::•''�� 'o !~."•. Tn .�..o FNDACP yCoe O F- E578S -•��..0.0.•. ••• ..,• :� w •�•O o SYALE • 4 .o► ae- .• _. e.'',`_ + v E'er'§Q 01 ;I.— ' WALE "11•�. -444 ...* :..,,..—pw,, IL-1---;-, TOV . •. :T7i. :`Ob .•o .• •'-�'-',o1•ti'- / Itt 01016"- \\ lilkw°c;e.%AP O / Z III FND �" P 'Milk !!84°3731111111k 2 .6.: - --- �7 2582,�:1.T5' 4�0 c'ssss6 Z 2 93 FND 5/8"1P 4 ti�1� U 111 LiJ V) r30 2g76 SITE / GRADING PLAN re, SCALE, 1" = 10'-0" ((W IC':INAI FFFC)RT TO f ( (-)NF-ST'( RY) 1JUUk JUHL1JULL W IINJJu w sNL,nC.I�uL_u NO, QUANTITY SIZE TYPE NOTES NO. QUANTITY SIZE TYPE NOTES DI 1 4080 FIBERGLASS MAIN ENTRY —91-2 2 3050 SH SINGLE HUNG D2 2 2068 INTERIOR W2 1 4040 HORIZ. SLOP. D3 1 3068 S.C. SELF-CLOSING GARAGE/LAUNDRY W3 2 3050 SINGLE HUNG HEADER E 8'-0' D4 4 2668 INTERIOR W4 2 2050 FIXED WADER E 8'-0' D5 6 2868 INTERIOR W5 •3 2020 _FIXED AT GARAGE D6 -2 3068 INTERIOR , W6 3 2020 FIXED HEADER E 13'-6' D7 '2 4068 BIPASS CLO.DR. W7 2 2-3060 SH SINGLE HUNG ,D8 •1 5068 _BIPASS CLO.DR. _ W8 2 4040 FIXED OVER 4020 PROJ. ��2 6080 FRENCH DOOR W9 2 4020 ARCH. PROJECTED CINDER 4040 FIXED ,I D10 1 3080 FRENCH DR. W10 1 6030 HERTZ.SLDR. D11 1 3068 EXTERIOR TO PATIO W11 2 2060 SINGLE HUNG HEADER H 8'-0' DID 1 3080 EXTERIOR W12 2 4050 SINGLE HUNG HEADER P 8'-0' D13'1 16'x7' OVERHEAD GARAGE DOOR D14 1 8'x7' OVERHEAD GARAGE DOOR ' Di5 14'-0 1/2' 31'-7 1/2' 12'-10 1/2' RETAINING VALL ' ;, 14'-fl' ? w m1 J I aJJ• irr , `Y 0 ♦ . ! MECH. �\ 3068 Lla�r i 1 , BAD 2 `1 act c.,. cp 4/ 'r ,� CLOSET GARAGE co %134 so SLOPE TO DRAIN s; I 1./ PA110 ��� J�`c'. CLG.= 9,0• WORK AREA �, �t V w q?: � 4 M:L ` 4'- 7'-11' S'-3' S'-2' S'-5• dj'1 b. ♦* p 1'J 4/ 41► ••• �� `` p�; 4� �\ 60,. XO 206. SH 6080 FR.DR. 2060 FH _P � BEDROOM 1 <`:;' BED M 2 � , i 1LAUNDRY r•p,�p•� so U 10 CLG. 8'-0' / -- I Y _./ D ,--- __,k... ` ♦ sLOPe TO 41 /' KITCHEN t t W DRAIN /A \/ gi CLG.=10'-0' Z. c M t i Ark Or e WSI g ,J9 o Il P / , likkih.. Ur IZIF `,61%, <, ,> - W u/ - „ \- hI rt ��NTRY / , 0101.-. b < / • e, 1,1, L _ 2,-, --•.,......=- r rz< CLG 8'-D• / �■a c a FI n 2' 0 2�20�'"'r -- FAMILY ROOM ::: �' h �' L c FI ED FI En ,0 \ , di.. 23'-0' fil \ c, - SHWR, BEDROOM 3• -4 I/2' 4'-0' 4'-0' d�1 /^ 7�91 CLG.10'-0' r3' CLWI 0, LI yj► . CLG= 9'0' O hi elf ..-. 7 d'_.. 4' s../ 4.4. ‘ u) tY • �/ / R 7'-1 1/2' ION el' ro boi BREAKFAST41 0>.1/ NA . Iiiio, g,..„ 41.4 ♦�4 4/��OI . CLG.=!0' 0' ,� • / {{FF�� 1 c� ) t 1� �M � s•-b �� '� ',d3050 SH 6068 .DR 3050 SH2.2 ��Jn JJ`J� < wr DINING �■ ■•� M.BATH �• �` ,,�` ■• CLG. 8' CLG.-11'-I' i 4'-9 1/2' S'-61/2' S'-10' 4'-6� ■■/� 4'• 201/ FX HELOV40441 , FO 2020 FX ABOVELG.= 9'-0' • . CLG- 4'\Ili '0' /destra •° 0 /- 200 F � ", . 2 0 ABOVE /4/ 24'-6 1/2' Ai MNG / w b'� ` / ,�,o ‘JpL \r9,,,,,, CLG=11'-0' , ,rL r. •-. V e4 A sq. , e"■■■■■■w■■ ' \ e• .ar• \ / �t �,\ AREA CALLS 1 LYNG AREA SF EXT.IECFt Rif. JEC0 SF FRONT PCRai 271 Sc' CARAZ 120E SF 13'-0' 14'-0'. —r 1J O'-2• mi le .. 4____.8.-r 0 r 11 1 1 , a . ... ;_r_. . • L- = �. c,_, ___. _____,. , , FRONT ELEVATION SCALE: 1/4'—1'-0' 17-0' 15.—0' 1 \ ,{ 40• 1 ` u V v Li ............., , _ a al a 11 , W J Z W U) LEFT SIDE ELEVATION _ cc 5 i SCALE: 1/4'-1'-0' __ D I-- 9 UmI \ I-1 'gill 114'-0. I 1st-o'_ 1. 1 ,13-0' V _ ^ c/) Z O Q 11.1 RIGHT SIDE ELEVATION — -- SCALE: 1/4•-1'-0' - __ (ORIGINAL EFFORT TO DO ONE-STORY) 'ter" (A-4 rrl G culy yl.d.ri5, spec1Y ications and construction details submitted to him as afor( aid if such plans, specif Ltions and construction details are not z accordance with all of provisions of this declaration or if, in the opinion of the architect or agent the site, design or color scheme of the proposed building or other structure is not in harmony with the general surroundings of such lot or with the adjacent buildings or structures, or if the plans, specifications and construction details submitted are incomplete . The decision of such architect or agent shall be final. 8. Neither the undersigned nor any architect or agent of the undersigned shall be responsible in any way for any defects in any plans, specifications and construction details submitted in accordance with the foregoing, nor for any structural defects in any building or structure erected according to such plans,specifications, and/or construction details. 9. The following building location and height shallg restrictions apply: (a) No structure, other than a fence or wall, shall be located nearer than thirty (30) feet to anystreet property line . (b) No structure, other than a fence or wall, shall be located nearer than fifty (50) feet to any property line abutting on the golf course property. (c) No. structure, other than a fence or wall, shall be located nearer than thirty (30) feet to the rear property line. (d) No structure , other than a fence or wall, shall be located nearer than twenty (20) feet to any side property For the purpose fo this restriction, eaves, stepsche ./ and open porches shall be considered as part of the structure. BOOK 1379 PAGE 555 _2- r4 6 1x4 °e �• r 1 4rr (e) No structure shall be exected, altered, permitted on said lots which exceeds in height sixteen (16) feet °r from the highest finished foundation of the grade line immediately adjouning the structure. (f) No wall, coping, or fence exceeding five (5) feet in height may be erected or maintained on any lot; and no fence,wall or hedge shall be erected or maintained nearer than thirty (30) feet to any property line abuttingon the op golf course property. PROVIDED, HOWEVER, where the topography or location property lines of any lot, or the configuration of the structure,tf the or the combination thereof, per itted structures, including reasonable construction of the area and height, the said az'chgtectcor agent,es and ails, within the specifies action permit a variation from the requiementsaofy btherestricti In no event shall the said architect or agent permit a structureons. other than a fence or wall to be located nearer than ten (10)to any property line. If any dispute arises as to what const•ltutt ttes a street, rear or side line, the decision of the architect oraent shall be final. g 10. The said architect or agent shall approve the location,height and size of all power poles, radio and TV antennas on said .dots. FEB 2 6 2004 ., .,, ,,4 , . ,;* , , "- ,a ,- - a' a -44i t :, ' lai :,;,. ,,i-? ' •,a- t:' b -I Fit a, ' f. 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' 741 Valle del O r N r M1'' :-� t M Oro Valley Estates Page 1 of 1 Hayes, Patty From: Tony Zizzi [tzizzi@nsaero.com] Sent: Wednesday, March 10, 2004 10:17 AM To: Hayes, Patty Subject: Zoning Variance, OV10-04-02 Hello Patty, my name is Tony Zizzi, and I own the property at 635 in Oro Valley. I recently noticed the sign in front of the adjacent property to mine, about a public hearing on March 23, 2004. I want to object to this variance as it will block the view of Pusch Ridge from my property, thus decreasing my property value; however, my business forces me out of town during that week. Is there a way that I could write a letter to the Oro Valley Board of Adjustments citing my objection, or could this meeting be rescheduled to the following week? If the meeting cannot be rescheduled, would I be able to designate a friend who is in town that week as my agent? Regards, Tony Zizzi Director, Lean Systems Northstar Aerospace Inc. 6006 West 73rd Street Bedford Park, IL 60638-6106 Office 708-7282013 Fax 708-728-2009 Cell 312-925-7989 This E-mail has been scanned by McAfee WebShield and is delivered to you virus free. Infected attachments associated with this E-mail have either been deleted or cleaned. --Town of Oro Valley Information Technology Division 03/10/2004 5-)Pa1/43/ii "Uv) miio ,Jz F I, /9--k2 /3 ( )21- C A- ,& /1,1 O 4 f /xecice_ 4(‘).: 5 , 7mpr5/ /e,4/ 66/2 is /5-& 2_, 2 5 /3 )- 6 J24X-4 Prise) //ecezfi:ta, mi 414/2 ns 10') 19O.,#(/ D-11 17c- -V ,4leeiva;v5z3MkcZ re)-4/4,4, 61a17 71--/n. / ( 71/4,/ Si-X-y2/ / Lib \ -27 virr pQX k 4Jd0QJJ ?b✓ a f>ro/vt /is 0/-1- f_117..1j.b, Lvo yvv ,ajo Jai aid r/00,.4 7 c S a s j 4/Jd oidi .7/35 i.0 d+`i S ?v'! /J J,p P n 1J7/ °JM /222.4 cr kt.) ,271,c24 zrui7 jo _IC od 1,1.0o9 5) 1,idadoJd 4 (4)1 isv 7 ?Le oakt/ /(7,d y C.? fro/A p _lit/1 jotA croti k 0.1.5 �,,•► h l (Pa ( .15 1v ka /4"),(4/ aJ o ?.l dyi_ 4.1fneiCi/'r? a S C1 o u >1//"1 0.4- c� Q� Ci/11/1/!6? ?coo bdio '/Ydfd ? -1- aiotu .1-P? ( Jay�oc ag r' ° -I!s s71-11 (i0 CL°7r9 /15 ° - a UO SSA ach Sant aJ S _}_, DS0d410 -r ie_5-8 2-V hirA °-)0 Ada -•)5 '-ro :S► awoU f-12 AO l 07,:iiiwtrfrOia _: El Z0 - 1© 01 AO )s") /7CC? �GfYdt Dale and Christine Wheeland Oro Valley Country Club Estates Calle Buena Vista Oro Valley, Arizona 85737 Marche 29, 2004 Town of Oro Valley Board of Adjustment 11000 N. La Canada Drive Oro Valley, Arizona 85737 Re: OV10-04-02: ...REQUEST FOR VARIANCE TO INCREASE THE MAXIMUM ALLOWED BUILDING HEIGHT FROM 18' TO 28'. SUBJECT PROPERTY: ORO VALLEY ESTATES LOT 72, 625 S. ATUA PLACE, ORO VALLEY, AZ 85737. Dear Board of Adjustment: We strongly oppose a variance being granted on the subject property from 18' to 28'. The property owner has already shown a disregard for the rules and regulations governing Oro Valley County Club Estates by formally filing for a variance with the Town of Oro Valley, prior to submitting plans to the neighborhood's Architectural Review Board, as he is required to do. The variance requested is excessive in that it represents an increase of over 55% of the original height. Lot 72 presents a challenge to the architect in designing a structure that falls within the guidelines established by Oro Valley Country Club Estates, as do many of the lots in this unique neighborhood. Specifically, requests for variances located on Calle Buena Vista have been denied in the past. To grant this variance is surely unfair to homeowner's who too owned hillside lotc and were forced to design hnmec to meet I. 1 V11IV YfIIVI V who too hillside 4V Ir, •VIV forced V MVVIM 11IV1I VV LV I11V � the neighborhood's regulations. Allowing this extreme variance would impact negatively on my property and its value. I respectfully request that the Board of Adjustment deny this variance request. Sincerely, V, 1� Dale Wheeland, DO 440.1 0 �dW C A T A L 1 EV A ,0 •.�, f,.`r'- :• � � 'x;•£;:!�i�`�r � •was k�'� •.}^;.•":._;:';;•r.�s..S;,• ..: r. D i • r FOOTHILLS FAMILY PRACTICE Dale'UV1e.eiand, D.U. Date.: .< 4//, -/104- Company: O,iic 110 limalldtti Attention: o 14 '. w -Re -, CCUio_402_, Vulanc,t,, Pax *: ( ) ' From: DOJL Jh. .t eta-A-61-- Number of pages including cover: . Regarding: �. ,� --- k/kiLs fikY (ILLkcLo,, obx,d-u 0\110-04--01 C,i4:1-LuALCL /zi/ o4. The information contained in the following facsimile is privileged and .confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If yo.0 have received this transmission by mistake, please notify us immediately, Foothills Family Practice Dale Wheelan,d, DO 1669 W. Ina Road, #111 Tucson, Arizona 85704 Phone (520) 544-2622 Fax (520) 544-4625 l ' d OlgL' °N '00 ONV133HM 31V0 WdZS : 0 tOOZ ZZ ' adV -—....,....... ......,-..........„. ..„......:. .• .. - ' ' ' ' .....". . '.:••-..-:-......,.,,,...... i ;i- r.ti-, : ' :' ., ' ‘/4,. 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Y:� . . .. rove:the heigh:t shown '• � '�- •--Association Board-of':pi�i�ct�rs-voted��to��a�p: ,. _ :'. •: . on the current p-a�s. th hei •�ht eve!) though 3 we believe that ta:s.•pr•oject has:always.;1'let tf e �e•'t�-� t.rea�ofirements -'Of our.,conditionS and•..R:estrictlon$; •`�IVe Piave � completedomen n ur association that use a:two•level solution`o a.difficult:lot. ��r • Carl Ewin, began: rOr kifl9 with our:Archltec.•• ral:Reibard.omr�►ttee :fin Janua , 2004.. M.y=commltte& as i Arc..,:„....,:.-.art discussed t ie:plans, i iC - -; 'is •roe•�t`at,:trio;board meetings card our O C�.E A has idisct ssed : p . c. • 4•and ► rl '26 2004..E No x e:nwn:er `from surrounding loth •ha•v•e attended bo h:of these•meetin-gs and.n ue.addres :e e `d: . *.'• -:' '- •••-• ar k. d- 1 �.� 'as e . . . • •nd:theg,-,����rd- ave� P. nitect�ra!R vtev±r.committee :a,, ve us �differe t.look forth,e: ,lores e of this`home. . :Ew�n.g to:g# a 4 :•• •• submits ..hose:plans we Will:ca lsi er;appr+ ving the balance ... 'When he S rn • ,,.... .....,. ....,........ f•the ro ec:t. in:addition to the look of theieXte:rl;or .we mill need a jt fwaer • in r !r aff o t . o�' ete {I • hh rowt il- �ru�re�that�:n��tl e`:gt .- r�Condtt�on7......:.:. ..:: - s an .Rstrlctions.also,-red in cacti m sduite and Palo ve'de:tree: not;tie}destroyed or includ g � constrUction •m v d exce ta may`be:necessary fOr�the- :'aid re o e h. •driveways :r siden ces }etc. The:surroun ng ....;.7......":•••••:::::::.1!...:....'....:::-..-1, :.i....-.....:iii.,..,•-•::,;:l::::....•::: ::,....'..........1......".:1:::::;•.:.:*:•1.....:.......:;...'....'..'..:::.;......1'..-;:::::::•-•',.....i...:::.•:-...:.:..:!.....,...',;'::.....,,•,..,....:......-... rria ntena:nc .of ro ds, . ,t:.• ,.,-.-::;.. :::.;' .. : . ::. • neighbors and the final look:of t�1ls.horde irl Hi be..nefit froth.carefully .m �n t. lr•• e. .�i S • i� e l�Q i 9 :5' c�ee Y : .5. Q d. �M cc :•�. h a 1 'C A�:. 0 a d` e r � v1ew:C� tte . . •.raC,:�e `5 r��nite`�.tu • cnafi rxian ,....:...:•••.:.".',......:....---......:.....,......:.1.f.........::.....,...-..-...-.::.;.::.,:::•:..:••••••••• f` 7)[ i _t r , , 1 , • .. ... ..... .. ..i:... .. .. .. ... , dot { .. •1 - 'S • . • �� fin•_ �Q=tee 1 4 ', Ali : ' a :F: i' 1.• ail .�a v� •s . i�if�ie:•Cie .r� '''''''....:': '''...-•••••••.....,...1-.1::" ..;::::::.'":11,'•;..6i-'4'.'7-.: 5 e �! n e��n di ro i� d: �a .e1 �• .. • �:74'�-:1Ne�t;�i2i11>�ale :0 � . .. • •• . `lit'�0 .,' • •- .r�� .. :�- • eS+ � a ' smith.: hra d`- t II . -�ta�`e•.det 4rd�R�ood. • •and . . . `1. t:133 �5'iVet its:T q,-.----..m., ..• --....,...:::-.,-,-,:::::: :::-.:,..,...-..-...,..-...e.:•••:1 ,... .••••• ..,...:: ...;.:::....-•:..",.,::.:.... -.....,.... � 1'..:.. .-..: �y iie':•de o b �� . lot' 6 �:215 Vves� a � • • . . .. ., :: 1 • e • tee • e Ban: agar�:• •�-rive:; y. : rs 0 a i�: �e a J. �� .a• n e Tot�� p.r.:....„,......,..,:',...-.-.„:-,. -„•••,„;:;- . -..•,... - ........:.,,y•:.•:,.....:•:•-.. ... ....• �.G e.'1� e 5 .B ..tot:.:. or�. 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Y i1 '- 0 �1e • -i a.. •�rtn�Ca1. . g. :L� t 8 ivy.. ,.. 0 r. d Brad•ie• Brumm {�: dhrls ' -•tt :A t� Ib eBuena, 7.nNurth�- •Cal � � , :lot'.6 ..... ....-:•:.:.:,...•:.::-:...2-.:-...-: ..:;•.:-... 1 :Q • North•caH e:'Buena:Vista: • r�, ��r e i rcer� aR e is sa: t :ee': e r�•Rei .-.....,.......;„....:. ...............,.........,....•.....„......,...,]:...„.....‘., ss .i:eBuen -` s lc •• - _ '. � � •� is . oaa. �Ber_ �7� �orth � lleBu• . •ly AGENDA ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION April 27, 2004 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 January 27,2004 AT THE CALL OF THE CHAIR,THE AGENDA ITEMS MAY BE TAKEN IN ANY ORDER,AS DEEMED APPROPRIATE. PUBLIC HEARINGS: 1. Case No.OV10-04-02 Carl Ewing,representing Allied Homes, 1741 N. 6th Avenue,Tucson,AZ 85705, request for variance to increase the maximum allowed building height from 18'to 28'. Subject property(Parcel#224-34-072A)Oro Valley Estates lot 72, at 625 W. Atua Place,Oro Valley, AZ 84737. 2. Board of Adjustment Rules and Procedures 3. Review of Rotating Chair Policy and Proposal to hold a one year position. 4. Discussion of applicant standing,what is means;how to apply it. 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: 4/23/04 5:00 p.m. Ih Pic vcv) DRAFT .4-61) 1/1.i�, 6 MINUTES ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION APRIL 27,2004 ORO VALLEY TOWN HALL COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE CALL TO ORDER at or after 3:03 p.m. ROLL CALL PRESENT: Cindy Lewis, Chair Greg Marlar, Vice Chair Colleen Kessler, Member Bart Schannep, Member Bill Adler, Member MINUTES MOTION: A motion was made by Member Kessler to approve the Minutes of January 27, 2004 with the corrections noted. Member Schannep seconded the motion. Motion carried, 5-0. 1. PUBLIC HEARINGS CASE NO. OV10-04-02 CARL EWING,REPRESENTING ALLIED HOMES, 1741 N. 6TH AVENUE,TUCSON,AZ 85705,REQUEST FOR VARIANCE TO INCREASE THE MAXIMUM ALLOWED BUILDING HEIGHT FROM 18' TO 28'. SUBJECT PROPERTY (PARCEL #224-34-072A) ORO VALLEY ESTATES LOT 72,AT 625 W. ATUA PLACE, ORO VALLEY,AZ 85737 Chair Lewis swore in the witness that was intending to testify. Carl Ewing, explained that Lot 235 was steep and narrow and without a variance, it was doubtful that a home of this size could remain compatible with the neighborhood, therefore,he asked that the grading be increased from 18 feet to 27 feet, 6 inches at the maximum point of measurement. In answer to a question from Member Adler, Carl Ewing explained that the design was based upon what the company felt would be a marketable product that would fulfill the needs of any future owner. He explained that he was unaware of any grading exceptions request and believes it would not be necessary. Member Schannep pointed out that the home seemed to be larger than most of the 4000 feet homes that were situated in the neighborhood. He asked if the proposed home would be the largest home in the neighborhood. Mr. Ewing replied, "I don't think so." 04/27/04 Minutes, Board of Adjustment 2 Regular Meeting Member Kessler stated that there seemed to be some discrepancy between the height listed in the application and the information shown in Mr. Ewing's letter dated February 25, 2004. Mr. Ewing used the overhead projector to review the home's proposed height and positioning. Member Marlar asked if the company had concerns about the lot's shape and size prior to the purchase of Lot 235. Mr. Ewing stated that usually there was a solution but in this case some of the regulations began to cause design considerations that were not easily resolved. Patty Hayes, Zoning Inspector, read the staff report into the record. She reported that the subject property was currently undeveloped and that the applicant was proposing to build a 6238 square foot,two-story, single-family resident. The proposed home would increase the allowed building height from 18 feet to 28 feet from the existing grade. Staff finding of facts: • The eastern elevation is primarily one-story at 16 feet in height. • The north elevation is the two-story portion of the house at 28 feet in height. The permitted height with the proposed 2 feet cut would be 20 feet. • The west elevation is 26 feet in height at the northwestern portion. The permitted height with the proposed 2 feet cut would be 20 feet. • The southern elevation is 16 feet in height using an 8 foot shielded cut. • Houses to the north, south and east are one-story homes. Houses to they west and southwest are 1 and a half and 2 story houses. • The topography of this lot slopes 42 feet from a high elevation of 2582 feet to an elevation of 2540 feet. • The applicant has placed poles as height markers on the property. Members are encouraged to visit the site. • No other height variances have been granted in this subdivision. Member Marlar pointed out that the report did reflect there had been no other height variances granted in the Oro Valley Estates subdivision. He asked if there had ever been any applications submitted in the past from homeowners in the neighborhood. Dee Widero, Senior Zoning Inspector,reported there had not. In answer to a question from Member Adler, Patty Hayes explained that the home would be of adequate size in comparison to the larger homes in the neighborhood. Member Adler stated that it was difficult to determine whether or not to bend the Zoning Code to allow the proposed home to be constructed versus other designs or alternatives. He stated that staff has indicated a point-of-view that there was some question as to whether another approach could result in a home of"adequate size". He explained that he did not know how to interpret what"adequate size"meant since the Board did not have information pertaining to other homes in the area to compare sizes. 04/27/04 Minutes, Board of Adjustment 3 Regular Meeting Ms. Widero reported that several homeowners in the neighborhood were remodeling and expanding to create larger homes in comparison to today's standards and that was where the term "adequate size"originated. Member Adler stated that the Board's decision needed to be based upon the proposed home design for the lot, and whether the Zoning Code should be bent in order to accommodate the design. Chair Lewis opened the public hearing and swore in the witnesses that were intending to testify. ' Anthony Zizzi, 635 West Atua Place, stated that he had concerns with the drainage flowing from the proposed home onto his property. He felt that the drainage would cause erosion and depreciate his property. He stated that he would like to see a certified document from an engineer that guaranteed his home would not be affected by the proposed structure. He added that the new home would not only obstruct his views of Pusch Ridge but his privacy as well. He explained that the greatest asset of his lot was the views and the privacy. He stated that the average home in the area was less than 3000 feet and he was very offended by the architect's attempt to place such a large home on a small lot. Charla Mc Cord, 475 West Golf View Drive, representing the Architectural Review Committee, explained that the committee had approved the height of the home and agreed that the lot was difficult to build upon. She reported that most of the homes in the neighborhood appeared to be two-story homes. She stated it would be a reasonable solution to grant the height variance; however, the committee had not approved the look of the home. She reported the Anthony Zizzi did own the property that would be most affected by the new home. Mr. Ewing stated that if there was anything the company could do to make the home more pleasing it would be done. He explained that a one-story home was considered but would not solve the obstruction of Mr. Zizzi's views because the home would be wider and higher. He reported that he would be working with the Architectural Review Committee to develop an acceptable design and would take the necessary steps to accomplish the goals that the committee set forth. Member Adler stated that it was the Board's responsibility to protect the integrity of the Zoning Code; other solutions for different designs or sizes was not the Board's concern. Mr. Ewing stated that he understood but was confused by the height restrictions because there were homes in the neighborhood that were higher than the regulated height limit. In answer to a question from Chair Lewis, Mr. Ewing explained that the home could not be placed deeper underground because of aesthetic, structural, economic and planning reasons. Chair Lewis closed the public hearing. Member Adler explained that the design of the home was too aggressive for the available space. He stated that the Zoning Code should not be bent to enhance an investment and for that reason alone, he would not vote in support of the request. Also, he felt that the proposal did not meet all of the legal standards. 04/27/04 Minutes, Board of Adjustment 4 Regular Meeting MOTION: Member Adler moved to deny OV10-04-02 for the reasons stated above. Member Schannep seconded the motion. ROLL CALL VOTE Chair Lewis—Aye Vice Chair Marlar—Aye Member Kessler-Aye, Member Schannep - Aye Member Adler-Aye MOTION carried, 5-0. 2. BOARD OF ADJUSTMENT RULES AND PROCEDURES Bryant Nodine, Planning and Zoning Administrator, reviewed the Board of Adjustment Rules and Procedures. He reported that several of the boards and commissions have submitted their rules and procedures to the Town Council which have been approved. He explained that staff has taken the rules and procedures created and adopted by the Board in May of 2001 and incorporated those into a standard format that was being used by the Planning and Zoning Commission and the Development Review Board. He stated that he was not expecting any action, only to get direction, comments and a decision to move forward in order to get the document approved by Council. Member Adler stated that there were significant additions that were required asl a result of the Gillaspie appeal. He stated that the issue of"standing"needs to become a rule of protocol and procedure. The legal standards and basis for determining an appeal and evaluation standings need to become a part of the document. He suggested that this item be continued until after the new members are appointed in June. He added that in the meantime,he would submit his comments to staff and the members of the Board. Member Schannep suggested that this item be tabled for discussion until all Board members had a chance to submit any additional suggestions to the Board of Adjustment Rules and Procedures manual. MOTION: Member Schannep moved to table this item to the next regular meeting. Member Kessler seconded the motion. Discussion: Member Adler stated that he would prefer that this item be tabled to a later date until the new members of the Board are seated and can participate and understand the rules and then make the necessary changes. AMENDMENT TO MOTION: Member Adler moved to table this item to the first scheduled meeting when all of the new Board members are seated. Member Kessler seconded the motion. Motion carried, 5-0. 3. REVIEW OF ROTATING CHAIR POLICY AND PROPOSAL TO HOLD A ONE YEAR POSITION 04/27/04 Minutes, Board of Adjustment 5 Regular Meeting Chair Lewis stated that she felt strongly that the rotating chair policy made the Board look unprofessional and was an absolute detriment to what the Board does. She explained that it was chaotic for staff to determine the chair for each month and it seemed to bring no stability or consistency. She stated that the Board needed to return to the 1 year term for chair and vice chair,therefore, she would like some discussion for negating or overturning the rotating chair policy. Member Schannep felt that they had done a good job so far and that the rotating chair brought a fresh attitude and angle to the Board because it gave each member an opportunity to be in charge. Member Kessler stated that being assigned as chair in the rotation was a good learning experience. Member Adler explained that the motion was made for a 1 year on a trial basis and believed it was due to expire in June 2004. He explained that there would be 2 new members who would have input and may want to have the rotation remain in place. He said that he made the motion because it should be a part of the volunteer experience. No action was necessary for this item. 4. DISCUSSION OF APPLICANT STANDING,WHAT IT MEANS; HOW TO APPLY IT Member Adler stated that he could not find anywhere in the Town Code or State Law where "evaluating standing" of an applicant to file an appeal was a part of the Board of Adjustment duties, yet the Board took the responsibility in the Gillaspie case. He asked that the Town Attorney give the Board a set way in which to proceed in an appeal case in the future. He requested that the procedure become a part of the protocol of rules and procedures so that the Board has criteria to evaluate a case and so there was no misunderstanding with the applicant. He explained that the applicant in the last appeal case was taken by surprise by this question and was not prepared. He suggested that the procedures be included in the Zoning Code and the Board of Adjustment Rules and Procedures. Mark Langlitz, explained that the term "standing" is a legal principle which addresses the ability of a person to seek redress of an alleged wrong. He explained that the language in the Zoning Code in using the term "aggrieved person" contains all of the criteria that was necessary. He believed it was not warranted for the Board of Adjustment to develop it own definition of an aggrieved person because it was decided as a matter of law in the courts. He reiterated that every applicant should understand that they are held to a standard of knowledge of the law. He added no board, commission or council member of the Town can adequately beforehand advise nor was it proper for a member to advise an applicant about what their legal rights are and how they should present their case. He explained that a person aggrieved was the same as those who are considered to be specifically damaged. Member Adler suggested that the applicant needed to be alerted in the application regarding the filing of an appeal and aware that they would be required to justify their standing and be prepared to do a responsible job of making their position clear. 04/27/04 Minutes, Board of Adjustment 6 Regular Meeting Mr. Langlitz explained that the applicant does get a copy of the procedures. Mr. Nodine agreed. The following issues and suggestions were discussed: • Wordings of the standards specify that a person must give a demonstration of how they are aggrieved. • How State Law dictates an aggrieved cases. • The efficiency of the Town notification requirements. • The variations of an applicant being"aggrieved" or"not aggrieved". • Is the applicant getting enough direction to understand what their responsibilities are when presenting an appeal case? • Add to the application direction to the applicant are requiring justification or explanation of their standing. • When should a case be heard? In answer to a question from Member Adler, Mr. Langlitz explained that when an application of appeal is submitted the Board relies on the opinion of the attorney to advise them on what the legal standards are at that particular point in time to determine whether the applicant has standing or not. He further explained that this information could be provided to the Board in an executive session. He suggested that the application could include a simple statement that read, "show how you have been aggrieved by the decision you are appealing". Member Kessler stated that it was clear that the application was geared towards variances and not appeal. She felt that it would be the fair thing to do to incorporate some language into the application. No action taken on this item. PLANNING AND ZONING UPDATE Member Schannep reported that he attended a Joint Boards & Commission Workshop and said that the seminar was very informative. Bryant Nodine, Planning and Zoning Administrator gave a brief overview of the following upcoming projects: • Eckerds has not submitted a revised development plan or improvement plan to date. • Staff will begin reviewing all boards and commissions applications in May and will push to get the appointment process rolling. • The General Plan will go before Council in June with specific recommendations in areas that need to be changed. • There are several General Plan amendments that will be heard before the Planning and Zoning Commission next week. • The May 19th Town Council meeting will review the Development Plan for Steam Pump Village and the 17 acre property located behind Target shopping center and Oracle Crossing south of Magee Road. He explained that these were major commercial properties to be considered by Town Council. • A full update of the Commercial Code will be submitted to Town Council in early June. 04/27/04 Minutes, Board of Adjustment 7 Regular Meeting ADJOURNMENT MOTION: Vice Mayor Marlar moved to ADJOURN the meeting at 4:46 p.m. Member Adler SECONDED the motion. Motion carried, 5-0. Respectfully submitted, Linda Hersha, Secretary II C /4. ORO VALLEY PLANNING AND ZONING DIVISION BOARD OF ADJUSTMENT REPORT Hearing Date: April 27,2004 Agenda Item No.: 2 Prepared By: Bryant Nodine,AICP,Planning and Zoning Administrator PROJECT: BOARD OF ADJUSTMENT RULES AND PROCEDURES BACKGROUND: From December 2000 to May 2001 the Board met and considered rules and procedures. These were drafted into the attached May 22, 2001 Rules and Procedures which were approved by the Board on that date. Subsequently, the Board met regarding the rules and procedures as follows: August 8, 2001 Discussion of the five standards and how these should be reported in the Board's vote. March 26,2002 Actions to provide recommendations to the Council regarding the Council's proposed Rules and Procedures. This included: (1) the Board drafting their own procedures (not necessarily based on those of the Council); (2) term limits (6 year maximum); (3) including a strong volunteer record as one of the qualifications for appointment; (4) including a Council liaison, staff member, and former member of the board or commission on the appointment interview panels; and (5) that evaluations should be confidential, consistent with the procedures of the board or commission, and provided to the applicant during the interview process. (All approved except for the first, for which no vote is shown in the minutes.) April 23, 2002 Discussion on using the "Getting 360 Degree Feedback Right" in the member evaluation process. Discussion on the need for a staff report. Presentation of the Zoning Code information related to removal of a Board member. September 5,2002 Discussion of the evaluation procedure for Board members. Discussion of the Chair and Vice Chair terms of office. September 24, 2002 Action to establish an evaluation process via a subcommittee who will report back to the Board. (Motion failed 3-2.) Action to establish a subcommittee to suggest criteria for removal of a member. (Approved 5-0.) , Action to recommend to the Council an expansion of duties. (Failed 3-2.) Action to establish guidelines to be used by the Chair to determine if reconsiderations should be placed on the agenda. (Approved 5-0.) [Note: This was completed on January 28, 2003 and is included in the attached procedures.] Action to include that each member must explain the basis of their vote. (Failed 3-2.) Action to amend the policy to elect the Chair and Vice Chair in July. (Approved 4-1.) [Note: These have not included this in the procedures because of a vote to rotate the Chair and Vice Chair.] January 28,2003 Action on procedures for reconsideration. (Failed 4-1.) Action to accept the policy of the subcommittee related to removal of members. (Approved 4-1.) [Note: This has been included in the attached procedures.] Action on Council Resolution(R) 02-107 regarding the appointment process and evaluations. (Continued until the Board receives clarification from the Council,4-1.) PROPOSED RULES AND PROCEDURES The attached Rules and Procedures were drafted using same format and language drafted currently used by the Development Review Board and Planning and Zoning Commission. They have been modified to include the specific procedures approved by the Board of Adjustment. The approved May 22, 2001 Rules and Procedures have been included as annotated(in italics)on that attachment. RECOMMENDATION It is recommended that the Board consider these and amend them as necessary in order to present them to the Council for approval. SUGGESTED MOTION I move to adopt the attached rules and procedures and forward them to the Council recommending approval. OR I move to adopt the attached rules and procedures and forward them to the Council recommending approval with the following changes: ATTACHMENTS 1. Proposed Rules and Operating Procedures, Oro Valley Board of Adjustment 2. Rules and Procedures,May 22,2001 F:\Admin PZ\Board of Adjustment\Rules Cover Report 042704.doc RULES AND OPERATING PROCEDURES ORO VALLEY BOARD OF ADJUSTMENT ??,2004 1. GENERAL 1.1 Authority The Board of Adjustment is established by Section 3-5-5 of the Town Code and Article 1-7 of the Zoning Code, both under the authority of the Arizona Revised Statutes, specifically ARS 9-461 and ARS 11-6. 1.2 Duties The Board duties are per Article 1-7 of the Zoning Code. 2. ORGANIZATION 2.1 Membership The Board of Adjustment shall be composed of a total of five members who shall be residents of the Town. The Town Council shall appoint the members in accordance with procedures adopted by the Council. Consideration shall be given to the attached"Desirable Attributes of Board of Adjustment Members". All members shall serve at the will and pleasure of the Town Council. Appointments shall be for a period of two years each ending on June 30th, with terms of members so staggered that the terms of no more than three members shall expire in any one year. No member shall serve more than two consecutive two-year terms (not including any time served to fill a vacancy). Vacancies for any reason shall be filled by appointment by the Council for the remainder of the unexpired term. The term of all members shall extend until their successors are appointed. [Town Code 3-5-5 says one member nominated by each Council member. Town Code or procedures need to be amended.] 2.2 Evaluation of Performance Members shall be evaluated annually using the criteria in the attached "Performance Criteria" The evaluation of Board members will serve as a guide for reappointment. [This is the wording from the 5/22/01 procedures. It was discussed at the 9/5/02 Study Session and the 9/24/02 Special Session where it was referred to a subcommittee. The Board again discussed this on 1/28/03 as it relates to Council Resolution (R)02-107, at which time they agreed to get clarification.] 2.3 Removal from Office A. The Board may remove a member for cause for the following two reasons: 1 1. Unexcused Absence: Should a member miss two consecutive meetings or three meetings in one year,the Chairperson may consider the position abandoned. 2. Ill-preparedness: Should a member demonstrate a pattern of ill-preparedness, the Chairperson may consider removal of the member for the remainder of his/her term. Ill-preparedness may include but not be limited to the following: a. Poor citizenship or unruly behavior. b. Lack of comprehension to non-technical explanations. c. Lack of interest, inattentiveness at meetings, and/or sleeping during meetings. d. Disregard for, and/or defiance of,rules and procedures. B. The procedure for such removal shall consist of the Chairperson presenting his/her decision to the Oro Valley Board of Adjustment along with the documented reasoning. This same presentation shall be presented to the Oro Valley Town Council at the next scheduled meeting for ratification. C. The above does not affect that, per Section 1-704.D, The Town Council may remove a member from office, by a majority vote, for neglect of duty, inefficiency or misconduct in office. [The Board discussed this item on 9/24/2002 and decided to look at, consider, and tailor to the Board approaches used by other bodies. On 1/28/03 the Board approved these procedures.] 2.4 Officers The Chairman and Vice-Chairman shall rotate among the members with new officers for each regular meeting that is held. The Vice-Chairman at one meeting will become the Chairman of the next meeting. The Chairman shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar organization. The Vice- Chairman shall perform the duties of the Chairman in the absence or disability of the Chairman. If both Chairman and Vice-Chairman are absent from a meeting, the senior member of the Board of Adjustment shall preside. 2.5 Secretary The Town Zoning Code (Sec. l-705.B) designates the Town Clerk to act as Secretary to the Board of Adjustment. It shall be the duty of the Secretary to: A. Make room arrangements, mail materials, take minutes, schedule meetings and contact the Board regarding attendance and schedule. B. Notify the Board through the Clerk's office by the 10th of each month, if a meeting will or will not be held. Board members are to notify staff of inability to attend a meeting. 2.6 Planning and Zoning The Planning and Zoning Administrator or his or her designee shall perform the following functions for the Secretary: 2 A. Serve as primary contact for the agenda, develop agenda and any revisions with direction of the Chair. B. Notify all surrounding property owners consistent with the Oro Valley Zoning Code. C. Work with the applicant regarding material for applications. Any contact made between the staff and the applicant prior to the hearing shall be summarized in the staff report if it is germane or pertinent to the case. D. All materials and agenda shall be distributed to the Board by staff at least one (1) week prior to the meeting date. E. Coordinate all necessary reports/materials/exhibits for the Board's consideration. Presentation materials need to be suitable for overhead display. F. Within the case report and presentations, identify separately each individual variance and the issues involved with that variance. G. Invite all necessary staff to the Board meetings. H. Place a laminated card at the podium identifying the 5 Criteria. 2.7 Legal Counsel The Town Attorney, or his or her designated representative, shall provide legal advice for the Board of Adjustment except when a conflict of interest or other legal bar to representation arises. The Town Attorney, or his or her designated representative, may decline representation if a conflict of interest arises. 3. MEETINGS 3.1 General All meetings will be run utilizing Robert's Rules. 3.2 Regular Meetings Regular meetings of the Board of Adjustment shall be held at the Oro Valley Town Hall on the fourth Tuesday of each month and shall be duly noticed in accordance with the Arizona Revised Statutes,the Oro Valley Zoning Code Revised and the Town's posting procedures. 3.3 Special Meetings Special meetings for good cause may be held by the Board of Adjustment on call of its Chair or of a quorum of members, which call shall be filed with the Secretary, or as may be scheduled by a majority of the members at any previous meeting. If the Chairman is unavailable, the Vice-Chairman can call a special meeting. At least 24 hours notice of the meeting shall be given to each member of the Board of Adjustment. 3.4 Public Meetings 3 All meetings and hearings of the Board of Adjustment, except Executive Sessions, shall be open to the public. Any action calling for a formal vote shall take place only at a properly noticed public meeting. 3.5 Site Inspections The Secretary shall conduct a site inspection for the Board of Adjustment members on all matters deemed appropriate by the Chairman. Board of Adjustment members who are unable to attend the group site inspection may visit the site individually. The conduct and notice of such inspections shall be as provided by law and by adopted Council procedures. Such meetings will be for the gathering of facts only; there is to be no discussion or presentation of the merits of the case. 3.6 Quorum and Voting A quorum is required to transact business; it is not required for meetings where no action is taken. Three members shall constitute a quorum. The affirmative vote of a majority of the members voting shall be required for passage of any matter before the Board of Adjustment. The minutes of the meetings shall reflect the "ayes" and "nays" cast on a particular measure, as well as the rationale for the majority vote and the names of those members who vote in the minority. If absent, or if failing to vote, the minutes shall indicate that fact. As soon as a member declares a conflict of interest relative to a particular issue, the member will leave the room thus abstaining from deliberations, discussions, and voting on the matter in question. The Board of Adjustment shall direct staff to prepare an update to the Council on all items continued more than 35 days, indicating why they were continued and when they are expected to be considered next by the Board of Adjustment. 3.7 Placement of Items on the Agenda Items are proposed for the agenda by staff based on the submittal of applications. The agenda shall be presented to the Board of Adjustment Chair for approval prior to publication. Items may also be placed on the agenda by the Chair or by two or more Board of Adjustment members. [The Board discussed this item on 9/24/02 and agreed to include some form of such guidelines in the procedures. The above is from the Planning and Zoning Commission procedures. The Board also discussed the related procedures for reconsideration on 1/28/03 with no resolution.] 3.8 Order of Business or Agenda The order of business shall be as follows: A. Call to order. B. Roll Call by the Secretary. C. Minutes. D. Presentation of agenda item(s). E. Petitioner/applicant presentation. 4 • The recommended oath for swearing in the applicant or witnesses is as follows: "Do you swear or affirm to speak (or tell) the truth, the whole truth and nothing but the truth". F. Questions/clarifications. G. Staff report. H. Questions to staff by Board members. I. Open public hearing. J. Ask for any applicant response/summation. K. Close public hearing. L. Ask for Board questions/further information. M. Ask for the pleasure of the Board on agenda item. N. Planning&Zoning staff update. 0. Motion of adjournment. 3.9 Record of Considerations in Board Actions To ensure good communication to the applicant and others who may base decisions on Board of Adjustment actions, motions must be thorough and concise. During the vote, Board members may give the applicant some direction and may state the reasons for their vote. [This was discussed in the 8/28/01, 9/5/02 and 9/24/02 meetings with no change.] 4. MISCELLANEOUS 4.1 Conflicts of Interest Board members should not be personally involved in cases. Conflicts of Interest should be declared up-front so that the Board member can be fair, objective, and impartial. The Board of Adjustment Handbook provides guidance in this regard. 5. OFFICIAL RECORDS 5.1 Definition The official records shall include these rules and regulations, and the minutes of the Board of Adjustment,together with all findings,decisions and other official actions and records. 5.2 Files-Retention All applications and other matters coming before the Board of Adjustment shall be filed in the Planning and Zoning Department office in accordance with that department's general file system. The Planning and Zoning Department shall keep all official records as provided by the Planning and Zoning Records Retention Schedule. 5.3 Files-Distribution 5 • The official records provide information to other Boards, Commission and the Council for cases where variances, appeals, or other Board of Adjustment actions are integral to development review. Accordingly, the Planning and Zoning Department will include excerpts of pertinent minutes and any other necessary official records as attachments to the staff reports to these bodies. 6. RULES AND AMENDMENTS 6.1 Amendment Procedure Amendments to these rules may be made by the Board of Adjustment and approved by the Town Council provided any such amendment is proposed at the preceding meeting, or is submitted in writing at a prior meeting of the Board of Adjustment, and is recorded in the minutes of such meeting or meetings. Amendments adopted as above shall become effective at the next regular meeting of the Board of Adjustment. APPROVED by the Board of Adjustment this day of ,2004. ?, Chairman APPROVED by the Oro Valley Town Council this day of , 2004. Paul H. Loomis,Mayor 6 Desirable Attributes of Board of Adjustment Members See also"The Role of and Qualifications for the Board of Adjustment"in the appendices. • An interest in zoning and planning and a willingness to learn about them. • Time enough to learn about the business of the board and to prepare for meetings and hearings. • An open, impartial, and orderly mind. • Honesty and fairness. • The ability to envision and consider the long-term effects of a decision and to put them ahead of any short-term changes. • The ability to put the public good above the welfare of individual applicants when making your decisions. • The ability to be articulate at public meetings and hearings. • A commitment to enforce the zoning laws as they are, and not let your disagreement with parts of them sway your decisions. • A commitment to work for the improvement of the zoning ordinance. 7 Performance Criteria As a prospective member, attend a couple of meetings and hearings before you are sworn in. Then ask yourself these questions as if you had been a member. Ask them again periodically after you have taken your seat on the board: • How well do we work together? • Do we have a clear understanding of our role? • How effective is the chairperson? • Do we encourage the discussion of issues and welcome new information? • Do we talk to the staff as well as to each other? • Do some members dominate the meetings? • Are we well-informed and ready to make decisions promptly? • Do we make good use of the support and advice that is available? • Are we attentive to the obligations of our quasi-judicial role? • Do we make clear, comprehensible motions with well-thought out stipulations? 8 RULES AND PROCEDURES MAY 22, 2001 BOARD OF ADJUSTMENT The following is a summary of the recommended rules and procedures for the Board of Adjustment: (as discussed at several special sessions and at the Board of Adjustment meeting of February 27, 2001 and May 22, 2001.) "Summary of Recommended Rules and Procedures for the Board of Adjustment". 1. Staff Duties: Clerk's Office • mail materials, take minutes, schedule meetings Make room arrangements, and contact the -7 Board regarding attendance and schedule. • Notify the Board through the Clerk's office by the 10th of each month, if a meeting will or will not be held. Board members are to notify staff of inability to attend a meeting. Planning and Zoning Staff • Serves as primary contact for agenda issues, develops agenda and any revisions with direction of the chair. • Notify all surrounding property owners and be consistent with the Oro Valley Zoning Code. • Coordinate all necessary reports/materials/exhibits for the Board's consideration. Presentation materials need to be suitable for overhead display. • Invite all necessary staff to the Board meetings. • All materials and agenda shall be distributed to the Board by staff at least one (1)week prior to the meeting date. • A laminated card should be place at the podium identifying the 5 Criteria. • Any contact made between the staff and the applicant prior to the hearing is summarized in the staff report if it is germane or pertinent to the case. 2. Board Duties: • As outlined in Article 1-7 of the Zoning Code and as specified in the Board of Adjustment •f manual. 3. The Applicant: - J • The application materials shall be submitted 15 working days prior to the meeting. I6,., r, •^�. • The burden of proof is on the applicant and he/she should address the 5 Criteria in writing �. on the application. • The applicant should provide all presentation material in a format that can be shown on the hearing rooms audio-visual media and at least 8 copies should be provided for the Board and the clerk and staff. The applicant should not be allowed to approach the dais to show and discuss items individually with Board members. • The applicant should submit in writing the fact that they are requesting a variance for more A then one(1) issue, if applicable. 1 ` 4. Board Meetings: . • The Board should stay focused and only discuss agenda issues and not discuss issues gr- directly with the applicant, (especially during individual site visits. Staff recommends there be no discussion with the applicant except for questions of fact; if there is it needs to be presented by the member at the meeting). • All questions and comments during the meeting shall go through the Chair. ' I.•,, • During the meeting the applicant should have the first opportunity at presenting their case .,� prior to the staff report. • Staff should identify each individual variance and all the issues involved. l i,". Z.(9 • It was agreed that the Board could give the applicant some direction and may state their \ • 3�01 lug reason(s) why they voted aye or nay. • Following specific testimony the applicant is requested to approach the 1)73 Board and answer specific questions from the Board and as well as provide a summation. • Board Of Adjustment Meeting Order 1. Call to order. 2. Roll Call. 3 Minutes. 4. Presentation of agenda items(s). 5. Petitioner/applicant presentation. 6. Questions/clarifications trP- 7. Staff report. 8. Questions to staff by Board members. 9. Open public hearing 10. Ask for any applicant response/summation. 11. Close public hearing 12. Ask for Board questions/further information. 13. Ask for the pleasure of the Board on agenda item. 14. Planning &Zoning staff update. 15. Motion of adjournment. • Conflict of Interest issues should be declared up-front so that the Board member can be fair, j objective, and impartial and should not be personallyinvolved. (It would be helpful here to w- �' p reference materials related to conflict of interest. The Department of Commerce has a good handout.)The Board of Adjustment Handbook provides guidance in this regard. • It was suggested that a more"personal"notification letter be mailed to encourage public responser12&—c--' and that the Board recommends to the Planning and Zoning Commission that the radius should be W increased to at least 600 or 1000 feet. 5. Selection and Composition of the Board of Adjustment: • The Board shall be in accordance to the outline specified in Section 5,pages 11 and 12 of — the Board of Adjustment Handbook "Desirable Attributes of Board Member." • An"objective"evaluation process of a board members performance would be desirable �.. and perhaps serve as a guideline for the Town Council, as recommended on page 14, Section 5 of the Board of Adjustment Manual. • The process to replace or re-appoint Board members shall begin by May 1st for new terms , 2..1 that commence on July 1st. 2 6. Relationship with other Boards/Commission/Council: • It was agreed that the Board of Adjustment minutes or excerpts regarding issues should be _ 6.5 distributed to the Boards, Commissions and Council by staff in a timely fashion. • To insure communication the Board of Adjustment motions must be thorough and precise. w ,9 7. Swearing in the Applicant • It was the consensus of the Board that the recommended oath for swearing in the applicant or 353- witnesses be used and stated as follows: "Do you swear or affirm to speak(or tell) the truth, the v-- whole truth and nothing but the truth". L (Approved by the Board of Adjustment 05/22/01) 3