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HomeMy WebLinkAboutOV100404 , AFFIDAVIT PUBLICATION STATE OF ARIZONA) :ss. COUNTY OF PIMA ) being first duly°"s"3v ,i,i tdpo5 'r c lays 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 PUBLIC HEARING ! V I O-04--04 J AME O AND WENDI ROSSI 520 W. HARDY ROAD, ORO VALLEY ET AL was printed and published correctly in the regular and entire issue of said THE DAILY TERRITORIAL for issues; that was first made 3 DECEMBER on the day of 20 13 t h and the last publication thereof was made on the day of DECEMBER 20 ""��„ ; that said publication was made on each of the following dates, to-wit: 12/13/C34 Request of TOWN OF ORO VALLEY Daily Territorial ' - - _.. Subs tie d and sworn to beforer e is day of 20 1 3t h DECEMBER 04 :4)3oCy'lj\Public n d or t e County of `r o.7-st Notary Public-Arizona My Commission Expires. !N ;y` Pima County C� Expires 02/04/08 NQ.TICE 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, Decem- ber 28,2004,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: OV10-04-04:JAMES AND WENDI ROSSI.520 W. HARDY ROAD.ORO VALLEY. AZ 85737. REQUEST FOR VARIANCE TO REDUCE THE RE- QUIRED SIDE YARD SETBACK FROM 15'TO 12'.THE HOME WAS ORIGI- NALLY PERMITTED 45 YEARS AGO IN PIMA COUNTY.PIMA COUNTY RE- QUIREMENT WAS 10' SIDE YARD SETBACK.THE HOME IS CURRENT- LY AT 12.8'.THE PROPOSED ADDI- TION HAS A SETBACK OF 12'FROM SIDE YARD PROPERTY LINE. SUB- JECT PROPERTY:(PARCEL#225-11- 0670) 520 W. HARDY ROAD. ORO VALLEY.AZ.85737. The applicant requests to reduce the 15' setback to 12'for his proposed addition. Site plans are available for review dur- ing normal business hours at the Oro Valley Town Hall,Development Service Center.Persons interested may appear in person,by agent or attorney,and the petitioners must appear or be represent- ed.Any person seeking further informa- tion on this request for a variance may contact Dee Widen)229-4812 or e-mail: dwidero@orovalley.net. _REQ: Bryant M.Nodine,AICP Pub:The Daily Territorial December 13,2004 Reg:Town of Oro Valley hrovl0-04-04 a.s 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,December 28,2004,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: OV10-04-04: JAMES AND WENDI ROSSI, 520 W. HARDY ROAD, ORO VALLEY, AZ 85737, REQUEST FOR VARIANCE TO REDUCE THE REQUIRED SIDE YARD SETBACK FROM 15' TO 12'. THE HOME WAS ORIGINALLY PERMITTED 45 YEARS AGO IN PIMA COUNTY. PIMA COUNTY REQUIREMENT WAS 10' SIDE YARD SETBACK, THE HOME IS CURRENTLY AT 12.8', THE PROPOSED ADDITION HAS A SETBACK OF 12' FROM SIDE YARD PROPERTY LINE. SUBJECT PROPERTY: (PARCEL #225- 11-0670) 520 W. HARDY ROAD, ORO VALLEY, AZ, 85737. The applicant requests to reduce the 15' setback to 12' for his proposed addition. Site plans are available for review during normal business hours at the Oro Valley Town Hall, Development Service Center. Persons interested may appear in person, by agent or attorney, and the petitioners must appear or be represented. Any person seeking further information on this request for a variance may contact Dee Widero 229-4812 or e-mail: dwidero@orovalley.net. I POSTED: 12-09-04 4111/.6,..,: time: 3:30 p.m. REQ: B t M.Nodine,AICP by: drm Zoning R1-144 General Plan-School Back Up Designations-Commerce Park I , I I I simileirEsvAn III' liniAlvar - - - - - - - IIIIIIII I, air IIIIIIIII i --::- 1,1 : IMIllirmoor 4111111,01111.0„ air imaiii II zi iligrAiraw ...„ , 4 Iiik . ---------1:! ! 10. top... 4 Nifi 1 ov 1 0-04-04 i L_ , ,,11,1 iiiimirii1Ili,0,1 7 „,* .--------- ..11 iff,1111111•111 AMIN pilil fAlkhillAiiimi ikt, iiir ' wor,01FAIIA lik: , 6.?/ , ill ,,,,, i .r. ••,,,i....,„...::::: *Afk 1111iimagai,i _ . prg1 MEMMEIIIM si imi 1 THEIllt ..,- Hui - .... - do sill . ommilleve* *,,... *it ME ring/iliiltili4,/k. 1111111111ftrarb /--0„ Elam 111111111141'll 11115111111ww - slily oiwri_itunill! i0414Firi* NIR - 1'14-* Iii i, idiot, iiih-r.,..,-mv-d-au-Pr,..--mv 111111 gas brie&-g. ‘‘‘‘‘-• ...=-1.-viii,„ igth6.-v NiirrAtita•aismatits. HININElliiinli i *11111 ivy , 4 ulif t .ii,_ 11,11111111 Mill afill - G-----___Zil f ... ..„ ,,,, Elms illikw ispr—iit lif''' "---aii - '''''''- ' -.- . iiiiii'III all Ink m," "NI lull III" .2.7 11111111111PAlitift 1 i @ 4.-11111 fifi _ IvAtision . / aIE .. 1 mi E--_____ TOWN OF ORO VALLEY 44'��s t.___� y.,,--- 11000 N. LA CANADA DR. ORO VALLEY,ARIZONA 85737 } } rierinawfm_osR �et�L ..{1 ' 44, PITNEY BOWE5 .14,. 02 1A $ 00.37° —RETURN TO SEIVE D FROM ZIPCODE-85737 PHOENIX., 4Z s OCR F81 f 2/i 2 f f:46 22513013D NORTHWEST BRETHREN CHAPEL OF PIMA COUNTY INC 505 W HARDY RD PO BOX 35024 TUCSON AZ 85740-0000 DEC 4 2004 di 1 0- di-C)(1 ' 374'i Era 4 1llt.�t,s�I�s�tlt�Itj�a�itl��tlt��ia►tsta:��s�I�I�i�II�I�tt�►�tt� ORO VALLEY PLANNING AND ZONING DIVISION BOARD OF ADJUSTMENT REPORT CASE NO: OV 10-04-04 Hearing Date: December 28, 2004 Agenda Item No.: 1 Prepared By: Dee Widero, Senior Zoning Inspector REQUEST: JAMES & WENDI ROSSI, 520 W. HARDY ROAD, ORO VALLEY, AZ 85737, REQUEST FOR A VARIANCE TO REDUCE THE REQUIRED 15' SIDE YARD SETBACK FOR SHADOW MOUNTAIN ESTATES SUBDIVISION, LOT 35. SUBJECT PROPERTY: (PARCEL 225-11-0670) 520 W. HARDY ROAD, ORO VALLEY, AZ 85737. REQUEST SPECIFICS: James Rossi is requesting to reduce the side yard setback from 15' to 12', to add a third bedroom and possible bath to the existing home. SITE LOCATION: This site is located in the Shadow Mountain Estates subdivision. The site can be reached by traveling north on Oracle to Hardy Road turn west (left) travel approximately 1/2 mile, the home is on the right(north) side of the road, second lot in from Northern Avenue. NOTIFICATION: All property owners within 300 feet of this property were notified by mailing of this hearing. The property is posted with a notice of hearing and the hearing was advertised in the Daily Territorial. At the time of this report preparation, other than the attached survey submitted with the variance application, staff has not received any public comment in support of or in opposition to the request. SITE ANALYSIS: Shadow Mountain Estates is 154-lot subdivision, Pima County recorded this subdivision in 1959, zoned as CR-1. Annexed into the Town of Oro Valley in1984, currently it is zoned R1-36. It lies between Calle Concordia to the north and Hardy Road to the south. Northern Avenue is the western border and to the east is Suntree Village Apartments and Vista Del Oro Townhouses both zoned R-4. Subject property, lot 35, has a 50' utility and drainage easement at the rear property line and a 25' drainage easement at the west property line, also the plat requires floodplain approval prior to issuance of a permit. The drainage easements, the location of the existing home and the proposed addition, should not pose an issue for floodplain approval. The uniqueness of this parcel is not the land,but the angle by which the home was placed. PLAN ANALYSIS: The applicant is proposing to reduce the side yard from the required 15' to 12' from the side property line, in order to build a third bedroom and possibly a bath. The existing home was built in 1959, with Pima County setbacks for CR-1, which are front 30', side 10', rear 40'. The setbacks for R1-36 are front 30', side 15', and rear 40'. The southeast corner of the existing home has a setback of 12'8", encroaching into the side yard setback by 2'4". The proposed location for the addition will encroach by an additional 8" (12' from the property line), encroaching into the side yard setback by 3'. There is an existing privacy wall for the back yard that will remain. Staff did suggest that the addition be relocated, either moved somewhat west of this plan, or all the way to the west side of the home. The applicant has further plans for a garage addition, to replace existing carport. At the front there are windows that they would like to have remain where they are. The applicant also plans to give the front of the home a new facade to update the look and allow some depth. SUMMARY: Staff finding of facts: • The home was built in 1958; the applicant purchased it in 2002. • The existing home is approximately 1350 sq. ft.; the addition will be 225 sq. ft. • The existing home was built to meet the Pima County 10', side yard setback. • The plat calls for floodplain review and approval prior to permit issuance. This addition should not pose an issue. For any future addition to the west side of the home, they will need to provide a drainage report to the Public Works for approval. 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. 2 SUGGESTED MOTION: The Board may wish to consider the following motions: I move to approve OV 10-04-0, a request to reduce the side yard setback from the required 15 feet to 12 feet, for this addition only. OR I move to approve OV10-04-0 as submitted by the applicant with the following stipulations: (Staff does not have any stipulations to recommend). OR I move to deny OV 10-04-04 finding that: (Board to state reason why the variance cannot be granted). ATTACHMENTS: 1. BOA application 2. Location map 3. Site plan F:\OV\OV 10\2004\10-04-04\REPORT.doc 3 oQ0 JPLIEY qq1<>o� TOWN OF ORO VALLEY PLANNING& ZONING DIVISION 11,000 N.LA CANADA DRIVE, ORO VALLEY AZ 85737 C, : Phone: (520)229-4800 Fax: (520) 742-1022 s,70 °VNDEO.91A BOARD OF ADJUSTMENT APPLICATION FOR: _A Zoning Variance Note: Submittals are due by noon Zoning Interpretation Appeal of Administrative Decision CASE NO.: 0 V/d -p 4'-d y NATURE OF REQUEST: A side yard variance is requested to allow a proposed remodel/addition to the 45 year old single family home at 520 W. Hardy Rd. Original Pima County Zoning - CR-1 with a side yard setback of 1 U feet Oro Valley Zoning—R1-36 with a side yard setback of 15 feet Existing original structure currently has a structural wall approximately 12.5 feet from the property line. Proposed side yard setback— 12 feet g m,5 E D Z J T.t ft r/✓.,'0 S r) etr 4.54-,6/7 Al y4 A'F�r74 8.1"r/1 �.✓ aQ e,z,4/y rho Gv,vFs?K..Q.1 7s,✓ APPLICANT: James and Wendi Rossi .8, r 4r 4c-4,4 fit ere 4�s PHONE: z'>v -2-- FAX: ADDRESS: 520 W. Hardy Road, Oro Valley Arizona 85737 OWNER: James and Wendi Rossi ADDRESS: 520 W. Hardy Road, Oro Valley Arizona 85737 PROPERTY LOCATION FOR VARIANCE REQUEST: 520 W. Hardy Road PARCEL#: 225-11-0670 LEGAL DESCRIPTION: L 35 Shadow Mtn 13/75 CURRENT ZONING: R 1-3 6 APPLICABLE FEE: ATTACHMENTS: Plot Plan, adjacent owner's approval and photographs SIGNATURE OF APPLICANT (ALSO PRINT NAME) DATE J.4/ 6) la 1 SUPPLEMENTAL QUESTIONS FOR APPLICATION FOR A VARIANCE 1. Please provide the following information addressing A—E in the Findings from section 1-709. In order to authorize a variance request, the Board will be searching for sufficient evidence in accordance with the findings. A. Are there special circumstances or conditions applying to the property referred to in the application including its size, shape, topography, location or surroundings which do not apply to other properties in the district? The subject Lot 35, Shadow Mountain Estates, is encumbered on the south, west and north by extensive drainage easements, more than other lots in the subdivision. These easements offer challenges to expansion/remodel plans. B. Are there special circumstances that exist that are not self imposed or created by the owner/applicant? The above mentioned drainage easements, the orientation of the existing house (built in 1958) on the lot and the existing floor plan both support and limit upgrade/remodel plans. C. Is the authorizing of the variance necessary for the preservation and enjoyment of Yes, func bona ty, gifir d the front of the house along existing structural lines and using existing passages will add architectural depth and variation to an otherwise bland building façade. 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 uton op err res.haves in theavbility-To and zone grad .which o oronertv isa revious dditions Yes, other e the abl i y o upgra e. to homes in the neighborhood built when the former CR-1 zoning was in effect have side yards similar to the requested variance. E. If granted, will the variance be the minimum necessary to afford relief and will not materially affect the health, safety, and welfare of the neighborhood or surrounding Yes, a tl E foot variance to allow the addition to be built to a side yard measurement of twelve (12) feet is the minimum relief without material affecting the surrounding properties. 2 ADDITIONAL INFORMATION: The most current available list of property owners within 300' from the Pima County Assessor's Office and the date such list was obtained. 15 copies of 11 x 17 dimensioned plot plan, if applicable 15 copies of 11 x 17 dimensioned floor plan,if applicable (is copies of 11 x 17 building elevations, if applicable) dill 0+ 11c Provide an estimate of the incremental cost of the change in, or additions to, the property, such estimated cost to be endorsed as accurate by a licensed contractor or engineer. Any additional comments/information you wish to provide regarding your request. ARTICLE 1-7. BOARD OF ADJUSTMENT Sec. 1-701 Scope The Board of Adjustment shall hear and decide requests for variances and appeals of interpretations of this Code in accordance with A.R.S., Section 9-462.06. Sec. 1-702 Powers and Duties A. Interpretation The Board of Adjustment shall interpret this Code on appeal when: 1. There is a dispute between the appellant and the Planning and Zoning Director or other Town Official as to a decision or interpretation as set forth in Sec. 1-706; or 2. The location of a zoning district is in doubt. B. Variances The Board of Adjustment may allow variances from the provisions of this Code in accordance with Sec. 1-709,Findings. Sec. 1-703 Meetings,Administration of Oaths and Compelling Attendance of Witnesses All meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. All meetings of the Board shall be open to the public. The Chairman, or in his absence, the acting Chairman,may administer oaths and compel the attendance of witnesses in accordance with the 3 laws of the State of Arizona. Sec. 1-704 Composition A. Appointment: The Board of Adjustment shall be composed of five members appointed by the Town Council. B. Terms: Appointments are for staggered terms of two years each with no limit on the number of terms. C. Vacancies: Vacancies shall be filled for the unexpired portion of that term within a reasonable time period as provided for by appointments of the Town Council. D. Removal: The Town Council has the authority to remove, by majority vote, any member for neglect of duty,inefficiency or misconduct in office. Sec. 1-705 Transaction of Business A. The Board of Adjustment shall conduct its business in accordance with the Arizona Revised Statutes and applicable Town regulations and any rules and procedures as adopted by the Town Council. B. The Town Clerk, or an appointed representative from the Town Clerk's office, shall serve as the Executive Secretary of the Board of Adjustment and the minutes and records of all board proceedings will be kept and filed as public record in the files of the Town Clerk. Sec. 1-706 Appeals from Administrative Decisions Appeals may be taken to the Board of Adjustment by persons aggrieved or by any officer, department, board or bureau of the municipality affected by a decision of an administrative official, within 30 days, by filing with the officer from whom the appeal is taken, and with the Board of Adjustment, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit all papers constituting the record upon which the action appealed from was taken. Said appeal shall be filed on a form provided by the Town Clerk. A. An appeal shall stay all proceedings in the matter appealed from unless the officer from whom the appeal is taken certifies to the Board that, by reason of the fact stated in the certificate, the stay would, in his opinion, cause imminent peril to life or property. In such case,proceedings shall not be stayed, except by restraining order granted by the Board or by a court of record on application and notice to the officer from whom the appeal is taken. The Board shall fix a reasonable time for hearing the appeal and give notice thereof to the parties in interest and the public. B. The concurring vote of a majority of the Board shall be necessary to reverse any order or decision of an administrative official,or to pass or to affect any variations from the terms and conditions of this ordinance. 4 Sec. 1-707 Application for Variances Application for a variance of zoning regulations shall be made to the Board of Adjustment in the form of a written application. Said application shall be filed with the Town Clerk upon forms provided by the Board of Adjustment and shall be accompanied by: A. Plans and description sufficient to indicate the nature of the project involved and the proposed use with ground plans and elevations of all proposed buildings. B. Evidence satisfactory to the Board of Adjustment of the ability and intention of the applicant to proceed with actual construction work in accordance with said plans within 6 months after issuance of the variance. C. A filing fee according to the fee schedule adopted by the Town Council. The owner of a nonconforming sign shall not be required to pay a filing fee when applying for a variance from the ordinance that renders the sign nonconforming. D. From the time of filing the application until the time of such hearing, the application and all maps, plans and other accompanying data shall be available for public inspection during office hours at the office of the Town Clerk. Sec. 1-708 Hearing and Notice Upon receipt in proper form of any such application, the Board of Adjustment shall proceed to hold a public hearing upon said application not more than 30 days, or less than 15 days, after such filing, at which time all persons shall be given an opportunity to be heard. Such Board of Adjustment shall cause one notice of such hearing to be published in a newspaper of general circulation in the Town of Oro Valley and one notice to be posted on the subject property, giving at least 15 days notice of said hearing, and the time and place where said hearing will be held. Said notice, both as published and posted, shall also show the nature of the variance or exception requested and state that anyone wanting to protest may appear in person or by writing. All property owners within 300 feet must be notified. Sec. 1-709 Findings A variance from the provisions of this Code shall not be authorized unless the Board shall find upon sufficient evidence: A. That there are special circumstances or conditions applying to the property referred to in the application including its size, shape, topography, location or surroundings which do not apply to other properties in the district;and B. That special circumstances were not created by the owner or applicant; and C. That the authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights; and 5 • D. That any variance granted imposes such conditions as will assure that the authorizing of the adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located; and E. That the authorizing of the variance will not be materially detrimental to persons residing in the vicinity,to adjacent property,to the neighborhood or the public welfare in general. Sec. 1-710 Action The Board shall prescribe, in connection with any variance; such conditions as the Board may deem necessary in order to fully carry out the provisions and intent of this Code. Such conditions may include, among other things, a limitation of the time for which such variance shall be valid. Violation of any such condition shall be a violation of this ordinance and such violation shall render the variance null and void. Sec. 1-711 Review Any person aggrieved by a decision of the Board after hearing on application made by any taxpayer or municipal officer, may petition for a writ of certiorari to review the Board's decision pursuant to ARS Section 9-465 (1956) as amended. BOARD OF ADJUSTMENT APPLICATION FEES For applications or appeals involving construction of any nature, which require legal advertising and posting of property affected,the fees are, as follows: Variance or Appeal of Decision (1 item; 1 lot) Corporate $600.00 Variance of Appeal of Decision (1 item; 1 lot) Individual $150.00 Fees for each additional,simultaneous variance or appeal $100.00 6 1 „1WN OF ORO VALLL Z PLANNING DEPARTMENT 11000 N.LA CANADA DRIVE ORO VALLEY,AZ 85737 PHONE: 229-4800 FAX: 742-1022 OC,,, RECEIPT Oy ****************************************************************************** REFERENCE NUMBER: DS0400544 RECEIPT #04P00605 SITE ADDRESS: TAXCODE: DATE: 10/26/2004 TIME: 04:01 PM COMP TYPE: MISCELLANEOUS RECEIPT TYPE: DESCRIPTION: FEES FOR ZONING VARIANCE APPLICATION APPLICANT: ROSSI JAMES OWNER: Notation: BOARD OF ADJUSTMENT VARIANCE APPLICATION Receipt By: KC ******************************************************************************************* KC PAID BY: Type Method Description Amount Payment Check 1158 150 . 00 TOTAL: 150.00 FEES PAID: Description Account Code Current Pmts BOA INDIVIDUAL FEE ITEM 001-000-408 150.00 TOTAL: 15 0.0 0 Account#: A 0 THE L.G. WOLF COMPANi , DESIGN - BUILD GENERAL CONTRACTORS/CONSTRUCTION MANAGERS RESIDENTIAL LICENSE NUMBER B076587 COMMERCIAL LICENSE NUMBER B-02-085970 June 11, 2004 OCT 2. 5 2004 Rossi Residence 520 W. Hardy Road Oro Valley,AZ 85737 The following proposal is based upon our conversation and preliminary drawings prepared by the owner. All phases of work include full-time qualified supervision, hauling of construction related debris and clean up of affected areas. Price subject to change pending working drawings_ Bedroom, Patio & Entry Addition Excavate, form and pour continuous concrete footings and slab (based on all subgrades± .10 foot truck access). Provide and install cement stabilized adobe as per plan. Frame walls and roof system as per plan. Provide Y2"OSB sheathing at walls and roof; 1/2"cc.pts sheathing at overhang. Total as Described: $22,167.00 Garage Addition Excavate,form and pour c item ous concrete footings and sla ail subgrades± .10 foot and truck access)_ Provi e • al ement stabilized adobe as perplan. Frame wall and ro asperplan. Provide 2 sheathingat wall and roof; '/2"c ng at overhangs. Total as Described: $35,318.00 Excluded from this proposal are drawings,permits, temporary facilities, landscape,irrigation, concrete entry/walkways, demolition,insulation,windows,roofing, drywall,stucco, floor coverings, paint, sealants,HVAC equipment and duct,electrical and any other item not mentioned herein. Respectfully Submitted By, r ason Addison/ .G. Wolf Company For Reference Use Only Not Valid • 301 E. Grant Rd., Tucson, Arizona 85705 • (520) 629-9401 • Fax (520) 629-9364 Cii .-J1 n,1 1 T rlm n"1 AC)T '1.n Lrl TT tint- James A. Rossi OCT 520 W. Hardy Road 4 2004 Oro Valley, AZ 85737 520-888-2247 Subject: Proposed three foot side yard set back variance at 520 W. Hardy To Whom It May Concern: We the undersigned have discussed the issue of a proposed three foot side yard setback variance at the above address. As it was explained to us,Mr. Rossi desires to build a room addition that will come close to 12 feet from the east property line of 520 W. Hardy. We see no reason why this variance should not be granted and agree that the proposed variance will not materially affect the surrounding properties. Thank you for your attention and consideration in this matter. ,:eL 6,41,LX:47 • me Lot Information Window Page 1 of 1 Lot Information Request Results ci 40a 2 X M , R" Parcel Number:225110670 ,. ,,, For more detailed information regarding this parcel,please click here. " . Street Address: • 520 W HARDY RD OV ft " Current Mailing Address: .5 . "" ROSSI JAMES A&WENDI K CP/RS *, . ." ." 520 W HARDY + TUCSON AZ < > 857370000 *, r , ,-- '..i.. - . js Legal Information: SHADOW MOUNTAIN ESTATES LOT 35 Subdivion Plat Book and Page:: 13075 i i View Subdivion Plat from Pima_._County € „ a • SHADOW - Flood Plain Information: Lot Not in Flood Plain 4 Disclaimer:This information should be verified by the Oro Valley Zoning Department.The Town of Oro Valley expressivly disclaims responsiblity for I damages or liability that may arise from the use of this map. ff Oro Valley Zoning Code:R1-36 • E" F I` Zoning Code Explanation:Single Family Residential 1.2 RAC E ' Conditions: No Conditions found on this Lot s "" " ".. --_"_ "" ' .._"" _ General Plan Designation: w1 Descrptions for General Plan Designations are currently unavailable.Please it refer to the Generall._._plan web.._site. I I:\ I This location is located in the Amphitheater Public School District.For more [ information on which schools are available in the area,please visit the Amphitheatre School District Website._ ,,,.LEY q6,,2 tee-" ,Akop�°4, The map/data on the Oro Valley Mapping site isr not meant to be used as an official or legal interpretation of Oro Valley features and , no expressed or implied warranty is made regarding their accuracy.While every effort has been made to ensure the accuracy, correctness and timeliness of these materials,Oro Valley assumes no responsibility for errors or omissions.For more information regading the information displayed on your screen,please contact the Planning&Zoning Department at(520)229-4800 or visit us at �„ 11000 N La Canada Drive,Oro Valley Arizona 85737. °UNDEo.0 http://gis:5300/aspsites/planner/psearch2.asp?PARCEL=225110670&ADDR=&B 1=Sub... 12/06/2004 via - -'11 4 i.4 .'''-'" 11 tom , i,t, Pi �' �. a......„ . ,,- 0 ,. , ,.. , a 9 atn. 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ES.00' 25.00' MS El' 5, 47.ar SO`30'IS' ..00' ... 37... 0 V ( ,7(,...,,,,,A Z.,777,,,,OV A LS fi'ie.See, on, . . ,,,,,,,,4,2.21-„,/e://7/707.1 u/os/i/eit.1./roues,ol.../ohn/3.Wilk.,V,ic•...id*, _..,,,___7V• 01Te ..''0 0 1 , , -'-j11'0";/41‘24,7 731C;.'7:::47.1/;..'10:'"'";4*. --e;:40/10'7.y 7,..,...7. ..•Is'•S• .en' sa..• ..••• COUNT)' EN /NEER 0 -,k7g.0 .-• 0' ,.-. ,,,,-.4 ....r.1 5 ..•-SI. ..00. 20.ft' 17.0, el,./6..,-----4-/).:_.,-, 4-8--579 S MAP 163 ,1 4 :Z 7;: :.i..: - C000re enc,veem ,- 0.gre- • a,00'sr. .00' 2t.70' 33.7.1' SOARD or SUPERVLSORS NO HDZq , ...SE 2, 00 OW 27.r., di.45" ZONE CR-1 /0 03.As'ZI. ..oo' 7.2.71.' 30 SV .1:L./.8103.0.C/er•oi 1/sc Soo.7 I 01 Super,sort herei,ctrs'elie IA,/h.p/oi•sods 1 4..-0ecc/00/he aeorti oe Soper-visa.,or Pf.0 C.,11‘0,.54rie oP..1,:eono,on L_1 •••4W JI. 13.OW M.•S• 37.430" $1132_a_de,01 /9.5.0. riEr2.75....a.0..W.4 P....4....07141 10•61:179 if 07 7(41.eq,pf,.,z,A , 4,..33. SO 00' ..so• 30_.• cas-_,_//,..2.,la •.--11......-...-/7-/ .',.‘-10-0-9. ess•oo•00- SO.0/7' LS.07' 32.116. - aer-A, 000,0,5op.-,sors Onto IS 711.OW 4, SO.Oct 35.00' .01' If..,• CERT/F/CAT/0/1/ OP 2,her..ter,*in,/eIse to,rvev or prope.r4U_ RVEY EES TATE S A , sA 4005.40 on.,nur dierlion Aorh 8in*A 5030115704 O THE SO(/ TY HALF OP -...' 5E C 770/N 2 A 74 2...5...R-/3-E.a 4 S:R. e M. • ,.,...35- 133.27' 107.70' 2,, .•• 0 st• 40'dr: 1000.00' 174.04 344.6.1' .pShred LA.'Sinwoor ' • LY/AZ, WEST OF TNE TUCSON-FLORENCE ifrw SI, NOTES ••. \ . -, ....3,Or 1000.OW 43/011• So.11.. R/AfA COUNTY. ARIZONA O s,07'02' /50.CO' Oa SS' 132.1S• 0 0143.340,.%.lion 141, ‘c.."-•;:.,7';As so.29.V. 4.OW' '7s.St" J..or • Apersenh 3.•to,eqopo.0.4.• MLA.IX 1959 47.LE BO' 400.00. 310.St" 400.67" 0 ••••••••71•sr erre 13.Corn arto 7,61e) Az .•••SY 011. 74.0.00. 340... •••.74; t ,....• ',... ."7:.."'4"''''.""'''''''• 04'..-.111...•s...• ....13:. A.A.JR.A A*AA.....0,• 61an fon 4-cots Architects-Engineers cs..••se• ' •33 71.' .00 134. ,. ..--..'3.031..".-331116-3.0,,,e4 ea...3,;..: FLOOD PLAIN APPROVAL REQUIRED : Tucson.Ari zonSI. ••• 03..0. •00.OM /40.ZS• 2 77.az, --41----. A., ..„, , ..." FOR LOTS.1-6,20,21,23-39,48,49, : 3.c• ORO V r - •,,E C 52,53,55-57,59,60 --FT:- .0, .,„,,,,5,.. ,5 ,...-„,Man.•,..,''-.49.3...-2'35. 5_.1713.3"........5 ..• F.a 31 PO 29-3. ____--• -3 ../.. Y B 0 o K/3 P4,4E 75- • ) \'' U , . 4 9 55 Q 5a• ' �� \.,_ V ,. 2a w , o �'� c�_ The !or o.n9 instrument was acknow/sa/ged below met on 1-his 1 `� �' s�o S9 e o �� �'�-4 0 /� day off' ��s9 by ✓ofinR. N/;/iEie, v;Gts.d ; .. 240_---� �_- --AA ,- + lr.e9•si'Ss"tF. /rYy 7 Off o�4 �d6� • Arizona L or,d rf/e ono' Trust CQ'zcxi' /, for the purpose herein can/iv/nerd. ' . TTIL 20' ,?o' 9 !20 0~t20• 2Ai SA' L r ' 4�� "'-- ---� --- "- J / . 2/`c'f -- ' .r u/71[!TY 6Alf MCN7 I ( -- ' . `.y \° a • ~go•.oa',..,w �' ` N.e9•s!'ss�Ea -;9 - 28 1 ;27 0 2ro 0 2., / \ 0 • 2d,47' 2j, 9S il-1y Gominission ,Expires: /3 - G Q s 0. M �� \ b q /40 iM ' ,� 'i \ 23 a 22 20 \ ti +4 20' 4 /20' ,41 /20• 0 i2o' o i2o' N1 2/s' CDo �O ' .39' �'; - 443.2a' HA RD Y � g SM e ROAD II) is 7 9 0.0 0 -- -- - -. t` • Set COA6.Mad s �000.23' �isoUTfr LINE SECT/0/1 24 T-12-5_,A'-/3-E. `' /53./9' ./ . / 2790.23' N.B9'S/'Ss E. Y4 Cow 5-tote oj' ,4rirona NO. ,�Q,� Set 3/4"L.0 P Coc/n/ o; PimaS.S �/i0 / Y3 b 1 V 1 0 E 0 y J L This instrument Was ii/ed o/ the request o/� ,/Qhn /3. f3�i/kie, !/ice President e. A PPR 0 VA L S o:the Arizona Land, Title ons Trust Company v Corporation, in `/gook/A o/'Mps 0 Plots, 7 . day of/959. Time :1 P. N. man,/ al /OO�C S this 4 ti [.,� 9 ,- 39. 27 i ( _ < _� \ n_tC.A. .4-/Q qg / 47. 89' `L.AEG. 5Ec'Y COUNTY Ro Z. Ca49M/S5/oN 04 re 4/Y/YA SULL E,' 39.39. 42 COUNTY ENQ/NEER' County /�o der _/, z 09 �/7 �� .1 - v r�1 L VCpd�y . l Cowry NQ/NNE ii 04 TZ-- -- 36.. 38' 35. 74' 80A RD of SUPERVISORS I 41. 45' 34. 52' ._ I,Lc/so 8</ooro,Clerk of the Sacra/o/ Super visors hereby serf 4' /`ha/ this p/of uvos Oppraved by the ooerd of Supervisors oli Pima County, 5/a/e a/Arizona, on 37. /38' thisdoy o, 1 /959. 35. 35' / / &-e.. --if-, 21_ / 4‘--&--14.----11----if... -5 1-- /e - 5-9 SNMADOW NOUNTAIAI 52. 34' Clerk, ,9oord of Supervisors 17.4 re 35. 08' 49. 5/' CER 1/PICA T/a4' , OP SVR VE Y E S TAT E S' 44.. 45' I, hereby cer/it'y that the survey-oP,oroperly shown on this plat woo 46. 2 2 c om,o/e ed under any direction, March /959. - • t3E//IQ A S U!. 0/V/S/OA OF TIl E SOUTh HALF OF 37, 7ro' 7 -, . �i . �e' T,t: /.� ontor� SECTION 24 T-/2-S., R-/3 -E. 0. 4 S. R 63, 4M. 44. e3' Repstered Land .Sarre r I ' . i i • 35. ::; . ! ` L Y//1l `YE S T OF Ti�E TOCSO/y FL ORE/YCE IlYW 94. NOTE S •�h .. i .� P� A CO vw T Y .�!/?/Za/Vi4 52. 15 0 Represents %' Iron Pin 1 28. 62' • Represents 3/4"Lead Cooped/2/;oe • ' 00. b7' © /4'epresents a Carve(See Curve Data Table) .-,- /l ARCH 13, 1959 4 7�. o /Yearines shown on this p/at ore based o/ the Center/,i e c� Ms Tucson - n io n 4- cote Architects - Engineers ° Florence Nwy. 42. 62' --�=--- Tucson , Arizona Rgvresents 20'Utility easement --- /Pepresents /5' Utility basemen 7' K jj] . geprese,,/s5tandard5urveqMonQmeft (PCYO.) F.13. 92 Iiq. 29-30 58 -390 ret etk 1 / / '7 V1 1 iso" G /''. • 0 4::=1,./..: ' <creAcK L.1 dE (PRoAosE') LIME CODE, .„. 0 431-4` `, 9'-10" 0--4'-11 3/4° 5'-7 3/4"-----. 6'-8 1/2A 3'-3 1/4D-•-3'-8 3/4" '-2" --___ 1 ---1-----______1 I 10'-9 3/4" 8 1) Ro„ A - Qzz >?corn 10'-9 3/4" 1 1 PRcpcSEo I /400ir Ic•.i! i 1 (\.,_ _/ . . .. , . i__. . , ♦ L.ivING AREA _ / 1'_103/4M 1 3'-3 1/2" • I_ _ _ _ '_r _ _ - - - -- - - -1'-33/4" ! J\1 11 ♦ , t 9'-1' f=rvm i L y P 0:^.-v) 18'-4 1/2" , - , N -„,L„.... DiAL11.JC; ✓ftFA K1TGt-t6d 6'-7 1/18 _ 1 1 I I - --I - , Rossi- 8'-8" ' 5'--3" Nyi - 81-9 1/2 --0- 4 -1 3/4 -- —fi -5 3/4 # 10' 5.2 0 i..'i! . 1-I/M U . M 42d' 50 i if f , _ neins2_,fce %. E",Isern'ei7.64 -i /.21 -4-D" 46 ,.. 4, ____. _ ....._ 7 4.,...eml m., ro• d...r arum. ammeam• ...71mor ',mamma/ dmommr- ..••••••=e....a.,•••• ..4..........- adormemOr ••••• ..Nic _____. • . ,,. 1 ' •-.- 1 • 1 ......_ .____ ,..... 1 k N.,\ et _ 1 . 1 1.0 \Pi 1 .• . (1/4142 c 1 1 \ • 1 i 1 , -....------ 1 \. so,.., • kql, 1-9„ 1,.• 1k '. N a k I ' ‘ . tA . 4k004- k•cb % 1,cott °.4N. . _ _ it "lq - 11.5i . 1 t.tv.,57-c 440-: ' 4)t6V`YL - - * �yw . ' I C6kv y djG t j.i ,1 Aapr:„ �► f % I 1 . l 1 1 I I ROSST 1 52ow1HF1RDY 1 i . , 1 1 , i 1 - AGENDA ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION DECEMBER 28, 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 November 23,2004 AT THE CALL OF THE CHAIR,THE AGENDA ITEMS MAY BE TAKEN IN ANY ORDER, AS DEEMED APPROPRIATE. PUBLIC HEARINGS: 1. CASE NO. OV10-04-04 JAMES AND WEND! ROSSI REQUESTS A VARIANCE TO REDUCE THE REQUIRED 15 FOOT SIDE YARD SETBACK FOR SHADOW MOUNTAIN ESTATES SUBDIVISION, LOT 35. SUBJECT PROPERTY IS LOCATED AT 520 WEST HARDY ROAD, ORO VALLEY,AZ 85737 (PARCEL#225-11-0670) 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. "Notice of Possible Quorum of the Oro Valley Town Council: In accordance with Chapter 3, Title 38, Arizona Revised Statutes and Section 2-4-2 of the Oro Valley Town Code, a majority of the Town Council may attend the above referenced meeting as a member of the audience only." Posted: 12/21/04 4:30 p.m. Ih MINUTES OF THE ORO VALLEY BOARD OF ADJUSTMENT REGULAR MEETING DECEMBER 28,2004 ORO VALLEY TOWN HALL COUNCIL CHAMBERS 11000 N.LA CAN-ADA DRIVE CALL TO ORDER: 3:00 p.m. ROLL CALL PRESENT: Bill Adler, Vice Chair Colleen Kessler,Member John Hickey, Member Bart Schannep, Member EXCUSED: Matt Adamson, Chair STAFF PRESENT: Dee Widero, Senior Zoning Inspector Patty Hayes,Zoning Inspector Joe Andrews, Civil Attorney Kristi Curry,Recording Secretary Vice Chair Adler confirmed with Mr. Andrews that, with four members present, a two-to-two vote would result in a failure of the motion. MINUTES Vice Chair Adler questioned the status of the Board of Adjustment Rules and Procedures. Dee Widero responded that, to her knowledge, the Rules had not been completely reviewed, and that they were not ready to be sent to Town Council. The motion in the last meeting's minutes, stated Vice Chair Adler, indicated that the proposed Rules and Procedures were to move forward to the Town Council, with a cover letter authored by Chair Adamson requesting a joint study session. It was confirmed that the Rules would not be held for further review by the Board of Adjustment or for the addition of language by staff, but that they would move forward to the Town Council. Member Schannep asked whether it was known if Chair Adamson had authored a cover letter; the response was that a cover letter had been written and would be available for review, along with the Rules, at the joint study session with the Town Council. MOTION: Vice Chair Adler moved to approve the minutes for the Board of Adjustment meeting on November 23, 2004,with no objections. 1. CASE NO. OV10-04-04 JAMES AND WENDI ROSSI REQUEST A VARIANCE TO REDUCE THE REQUIRED 15 FOOT SIDE YARD SETBACK FOR December 28, 2004 MINUTES,BOARD OF ADJUSTMENT 2 SHADOW MOUNTAIN ESTATES SUBDIVISION, LOT 35. SUBJECT PROPERTY IS LOCATED AT 520 WEST HARDY ROAD, ORO VALLEY, AZ 85737 (PARCEL#225-11-0670). Vice Chair Adler moved the staff report forward on the agenda in order to introduce a consideration pertaining to the case. Mr. Andrews asked the Board to consider the case an encroachment, as reducing setbacks is not within the Board's purview. Vice Chair Adler voiced that the case before them was a variance. Mr. Andrews clarified that the variance was to allow encroachment into the setbacks, not to reduce the setbacks of the property. Dee Widero reviewed the staff report. She informed the Board that the subject property has a 50' utility and drainage easement at the rear property line and a 25' drainage easement at the west property line. She explained that the applicant is requesting to encroach into the eastern side yard setback by 3 feet to add a third bedroom and possible bath to the existing home. Upon suggestion to relocate the proposed addition, the applicant informed staff of future plans for a garage addition to replace the existing carport, and added that they would like the home's windows to remain. Ms. Widero reported that the applicant also plans to give the front of the home a new façade to update its look. She added that the uniqueness of this parcel is not the land,but the angle by which the home was placed. Member Kessler inquired whether or not the zoning was grandfathered when the property was annexed. Mr. Andrews responded that the only grandfathered item was the setback encroachment, making the residence a legal non-conforming structure. Member Hickey questioned whether a permit was required for a legal non-conforming use to an existing structure. Mr. Andrews answered that an additional permit was not necessary for an existing structure having continuous use,but only for new additions to the property. Vice Chair Adler voiced his belief that a variance was not needed in this case. He quoted Sec. 1- 802, which states, "The lawful use of a building or land existing at the time of the passage of this ordinance may be continued although such use does not conform with the provisions of the Code for such building or land and such use may be continued providing only reasonable repairs and alterations are made." In addition, he noted the last sentence of Sec. 1-805, which says, "...nothing herein shall prohibit any reasonable repairs or alterations in a building or land used for such existing purposes." Vice Chair Adler expressed his opinion that the proposed addition is a reasonable alteration to the property, thus it should not require a variance. Mr. Andrews disagreed that further encroachment into the setback should be considered an alteration. Member Schannep stated that, because the proposed addition requires further encroachment, it should be reviewed by the Board. MOTION: Vice Chair Adler moved to dismiss Case No. OV10-04-04 request for variance to reduce the side yard setback for Shadow Mountain Estates Lot 35, finding that a variance is not necessary, and that any fees paid for the variance be refunded. Motion not seconded, thus failed. . December 28, 2004 MINUTES, BOARD OF ADJUSTMENT 3 Vice Chair Adler swore in the applicant, Mr. James Rossi, residing at 520 W. Hardy Rd. in Oro Valley. Mr. Rossi shared his plans to improve his property and its appearance. He explained that, by adding the addition to the front of the property, the façade of the house would also be renovated. The location of the proposed addition was chosen so as to preserve the light and views from the existing windows. Member Schannep questioned if the neighbor to the immediate west of the property had voiced his opinion of the proposed addition. Mr. Rossi responded that this neighbor, as well as ten others,had signed a document indicating approval of the variance. Member Hickey inquired where the proposed bathroom would be constructed. The response was that it would be included within the footprint of the addition, if built at all. Vice Chair Adler asked Mr. Rossi to respond to Item C of the Board of Adjustment's findings, which requires, "... that the authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights." Mr. Rossi voiced his belief that the variance was necessary for the enjoyment of his property rights so that he could create a functional living space. Furthermore, to place it elsewhere on the property would hinder future plans for a garage or infringe on existing windows. Member Hickey inquired if the proposed bathroom was included as part of the proposed addition,which was answered affirmatively. Vice Chair Adler made known that he would not be able to support the requested variance, as he did not believe that it met Finding C. Member Hickey disagreed, stating that additions should be allowable under"substantial property rights". MOTION: Member Kessler moved to approve Case No. OV10-04-04 request for a variance to allow this addition only to encroach within the setback by an additional 3' for Shadow Mountain Estates Lot 35, in that it meets the five variance criteria. Member Hickey seconded. Motion approved 3-1 (Adler opposed). ADJOURNMENT MOTION: Member Hickey moved to adjourn the meeting at 3:40 p.m. Member Kessler seconded the motion. Motion to adjourn carried 4-0. Respectfully submitted, s ina Curry,Recording Secr TOWN OF ORO VALLEY .czp�P�LEY qR�<o CO 'UNITY DEVELOPMENT DEPAI....IENT o -9 ipt g d Z •B WP 11000 N.La Canada Drive,Oroan Valley,oning AZ 85737•(520)uilding 229-4800Safety•Fax(520)742-1022 Oro Valley Public Library ON 1305 W.Naranja Drive,Oro Valley,AZ 85737•(520)229-5300•Fax(520)229-5319 A x --� Parks and Recreation plb' 680 W.Calle Concordia,Oro Valley,AZ 85737•(520)229-5050•Fax(520)797-2202 SOUNDED s ,u December 23, 2004 James and Wendi Rossi 520 W. Hardy Drive Oro Valley, Az 85737 RE: Case No. OV10-04-04, Parcel#225-11-0670, request for variance approval to reduce the required side yard setback from 15 feet to 12 feet for the proposed addition to the existing home, on lot 35, of Shadow Mountain Estates subdivision. Dear Mr. and Mrs. Rossi, At their regular meeting of December 28, 2004, the Board of Adjustment voted to approve you variance request for the subject parcel. The motion was as follows: Motion: Vice Chair Adler moved to dismiss Case No. OV10-04-04 request for variance to reduce the side yard setback for Shadow Mountain Estates lot 35, finding that a variance is not necessary, and that any fees paid for the variance be refunded. Motion was not seconded, thus failed. Motion: Member Kessler moved to approve Case No. OV10-04-04 request for a variance to allow this addition only to encroach within the setback by an additional 3' for Shadow Mountain Estates lot 35, in that it meets the five variance criteria. Member Hickey seconded. Motion approved 3-1 (Vice Chair Adler opposed). t You can request from the Clerks office, a copy of the minutes from this meeting. Linda Hersha, 229-4744 or E-mail: lhersha@orovalley.net. Congratulations on your approved request. ,' 0j612e..1,6 JAL'i ,r Dee Widero Senior Zoning Inspector Town of Oro Valley C: file www.townoforovalley.com