HomeMy WebLinkAboutOV100012 ORO VALLEY PLANNING AND ZONING DIVISION
BOARD OF ADJUSTMENT REPORT
CASE NO: OV 10-00-12
Hearing Date: March 28, 2000
Agenda Item No.: 3
Prepared By: Dee Widero, Senior Zoning Inspector
REQUEST: LANTANA CORPORATION, 2601 N. CAMPBELL AVENUE, TUCSON, AZ
85719, REQUEST FOR A VARIANCE TO THE NARANJA RANCH PLAT
REQUIRED FRONT AND REAR YARD SETBACKS FOR ZONE R-4.
SUBJECT PROPERTY: 11789 N. VIA DE LA VERBENITA, LOT 97, ORO
VALLEY,AZ 85737.
REQUEST SPECIFICS:
Lantana Corporation, request to reduce the front yard setback from 20' to 15' and the rear yard
setback from 25' to 10'. Due to the shallowness of this corner lot, the approved model #2218 is
the closest fit for this lot and will need a variance approval in order to comply.
SITE LOCATION:
This site is located in Naranja Ranch I, north of Glover Road. The site can be reached by traveling
north on La Cholla Boulevard (north of Naranja Drive) to Glover Road turn east (right) the first
street to the left(north)will be Via De La Verbenita turn left follow to the cal-de-sac.
NOTIFICATION:
All property owners within 300 feet of this property were notified by mailing of this hearing. The
property is posted with a notice of hearing and the hearing was advertised in the Daily Territorial. At
the time of this report preparation, staff has not received any public comment supporting or in
opposition to the request. ,
SITE ANALYSIS:
Naranja Ranch I is a 170-lot subdivision, it lies north of Naranja Drive and continues north of Glover
Road. Naranja Ranch I abuts Copper Ridge I to the north and Copper Ridge II and Desert Vista to
the east. To the west is Ironwood Ranch and La Cholla Estates.
PLAN ANALYSIS:
The applicant is proposing to reduce the front yard setback from the required 20' to a 15' setback and
the rear setback from 25' to 10'. Lot 97 consists of 11,473 square feet in total area; it is a very shallow
lot, at one point it is only 76' deep. Without a variance this would require a home no greater than
31'deep. To the east and around the curve of this lot is a 1' no access easement, the star dictates access
onto the property. The drive to the garage must enter from the north. The smallest approved model is
#2218,with a variance approval this model will comply.
SUMMARY:
Staff finding of facts:
t1W
• The shape of lot creates special circumstances or conditions.
• The applicant or owner did not create the circumstance or condition. —
• The approved model home coincides with the other homes being built for the Lantana
Corporation and in the surrounding lots of the subject property, for the preservation and
enjoyment of substantial property rights
d-2-34 .44 6,4:74
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 10-00-12, a request to reduce the front yard setback from the required 20 feet
to 15 feet and the rear yard setback from 20' to 10'.
OR
I move to approve OV10-00-12 as submitted by the applicant with the following stipulations:
(Staff does not have any stipulations to recommend).
OR
I move to deny OV 10-00-12 finding that: (Board to state reason why the variance cannot be granted).
2
ATTACHMENTS:
1. BOA application with narrative
2. Code references
3. Site map
4. Plot plans
F:\ov\ovio\2oomio-oo-12\REPORT.doc
3
•
���P�`E gA���0� TOWN OF ORO VALLEY
�c�7.\: PLANNING & ZONING DIVISION
\,", 11,000 N.LA CANADA DRIVE,ORO VALLEY AZ 85737
,ram Phone: (520)797-9797 Fax: (520)742-1022
�7UNDED91A
BOARD OF ADJUSTMENT APPLICATION
FOR: Zoning Variance
ZoniInterpretation
Appeal of Administrative Decision CASE NO.: 6 C '/0— 0 0°~/,,
NATURE OF REQUEST:
-Te-D lex-V_re - -- rbett V- bctci t \5 Pef
Und . \1 ? C rL(QCt- Oc 16 0 . -j.
APPLICANT: 1 onkina Coiôn
PHONE/FAX c3 7, (x)I C f C'qc ,Lo- 0006
ADDRESS: L.PC)_t kCCmpeii * 3co -Tucin , (Ai 91/43r1 I 9'
OWNER: e �Ct \kr 1iern ,i LLC
ADDRESS: mC fl
PARCEL NUMBER:
LOCATION/ADDRESS: t I 9 ki . 0 C d ` L _ \ie.( t�C
PROPERTY I
LEGAL DESCRIPTION:
ACREAGE: 5 CURRENT ZONING: APPLICABLE FEE:
rr�
ATTACHMENTS: V� (c5 `e`-� c�.T 1 \Oar - ---\e\ 1C)n Orr))
5--, I footorce (i,_,-V 0,Kddre-3-_-)e3 ) " aoc-)‘ - \-i V a t*uOn 4ee.
.._ ___INKir\L__:\J\ ._)\)---c2 1
) '-i )Li)(6
SIGNATURE OF I CANT ( AL O PRINT NAME) DA 1 E
F:IADNIINIFORM S\BOAAPP.doc
SUPPLEMENTAL QUESTIONS FOR APPLICATION FOR A VARIANCE
1. Identify difficulties or problems that would result from complying with the present zoning requirements.
"kr.) - \'‘'-)Q_ vs irOu,s(-)e3-3 AV)z \O)-- Mocto
on\ TY 0 \NTT On trt
QD{ lor cs-k-
2. Identify and explain all unique and peculiar circumstances that would prevent you from complying with the
present zoning requirements on your property in regard to the following areas(slope,narrowness,shallowness,
irregular slime,-location,washes,vegetation and easements, etc.).
c:1)0Aw CAM _Nc,--)ove \\The \:-;\ \ ---\D cort-b(-) Bnc\ ct(5
\\o e 1 ( ov\j one. cl a_x( 1
Ccc\
3. Identify'and explain any peculiar conditions in the surrounding area, which would keep you from complying
with the present zoning requirements.
ADDITIONAL INFORMATION:
4. PROVIDE THE FOLLOWING:
The most current available list of property owners from the Pima County Assessor's Office and the date such
list was obtained.
13 copies of dimensioned plot plan,if applicable
13 copies of dimensioned floor plan,if applicable,
13 copies of building elevations, if applicable
An estimate of the incremental cost of the change in, or additions to, the property,such estimated cost to be
endorsed as accurate by a licensed contractor or engineer.
Any additional comments/information you wish to provide regarding your request.
. ---..,::::"""",,,,,,,.,:,-,::::,-..
..,..--'''.''' • , ,,,,,,,,.1,,,,,,...,„.,„
....,..,.
.... .
....................... .......-.-......-..:::::::::...-.:..-:.::.....-.
.................................... ............._.......,........„..............
.......................•
CL
-----... ...._.....„••••••
••••••...".............„...:.::..........„,.:,..,:.:....:.:.:.........
..........„.„.........„.......,..„....,.......„...„....,.....,...„........
-.'..„..,..:„:„:„......,:.:,:.:„.....„,........
.....................................................
__..............„.................
''''''''''''''''''''••••.... ....
..........„
.........
. ......„........
...............
...."......... ... .. .
..........
-------:._..•_•.•......•
-- ,.......-----..........
................ .. .."........... ...............
, . . . . • . . .
ARMA MEMBERSHIP
BENEFITS INC IRA
LAW / RS TITLE OF AN IZONA TR 78•'S T
•SA VERBENA C MARTIN WILL F &
... NANCY K CP/RS
FIRST AMERICAN TITL
NKATHERINEA1/2INT& 1 SCOTR4819
NN DIETMAR
FIRS AMERICAN TIT
INSC. TR4819
FIRST AMERICAN TITL:
FIRS AMERICAN TITL INS CO TR 4819
INS IIO TR 4819
N.
FIRST AMERICAN TITLE
INS CO TR 4819
CAS VERBENA LLB
FI•'ST AMERICA TI L: CAS VERBENA LLC
ICO TR 4819`
J
ODGE KARMI • •
ONES HUW R &
CYNTHIA D HEYDON CP/RS 11111
FIRST AMERICAN IT E
INS se TR 411
819
ELSEN ERIK&AIMEE L J IRS
CASA VERBENE LL 0 DAKOWSKI CHEST ER C & ELE A CP/RS
General Notes
1. The gross area of the subdivision is 97.84 acres.
2. Area of natural open space is 4§acres.
3. The total number of lots is 1(19.
4. The basis of bearings for this subdivision is GLO Southiine of Section 3
said Bearing being S 892 58' 46"W
5. The total miles of new public streets is 2.33 miles.
6. Any utilities that may need to be relocated as a result of this development required by Vac. Unsi
SR
this development will removed at no expense to the Town of Oro Valley
7. No further subdivision of any lot or parcel shown will be done without the written
approval of the Oro Valley Town Council. Naranja Dr
8. Single family lots
Minimum Lot Area- 10,069 S.F.
Average Lot Area= 18,900 S.F.
9. The proposed water company that will service this subdivision is Canada Hills Water
Company.
10. Setbacks : Front - 20' For lots 13, 83, 84 and 85 the setbacks are as follows:
Rear - 25' Fror t-50'
Side - 10' Rear -
Side - 20' All 11111111111111
11. Zoning- R-4 Density= 1.69 units/Acre
Zoning- R 1-144 Density=.286/Acre
12. Owner:
First American Title Insurance Company, a California corporation, as trustee under
Trust No#4515.
1880 East River Road Assurance
Tucson, Arizona 85719 Assurance in th
(602) 577-8707 ZJ.A c
13. Maximum building Heft -,,18'-- 2 stories recorded in Docket
and street improve
14. Parking provided on lot = 4 telephone,gas, sew
(2 in carport, 2 in the Front setback )
• -
15. The area between 100 Year Flood Limits represents an area that may be subject to - T.
flooding from 100 year frequency flood and all land in this area will be restricted to
uses that are compatible with flood plain management as approved by the Town
engineer. Assurance in the for
has been provided t
16. The professional engineer of record shall certify, in writing, that all improvements the event the project
whether private or public, have been constructed, placed, installed, etc. in substantial
conformance with the accepted improvement plans for this development.
Certifications, in writing, are to be received by the Town Engineer of the Town of Oro Assurance in the fo
Valley prior to the request for final inspection and the release of assurances. assure installation of
17. A 1/2' iron pin tagged by an R.L.S. will be set at all lot corners upon completlor, of
construction.
18. All streets are pubic and are to be decked by this plat.
19. The property owner, his successors, assigns or a designated Home owners
Assoc,i, • agrees to (1) Keep all required landscaped areas maintained in a weed
free, ' . • tee condidtion. (2) replace any dead plant materials within 90 days and (3)
maintain . e irrigation system in proper working order.
uses tnat are compauoie witn ,rood prawn management as apfxoveu oy we town
engineer. Assurance in the fc
has been provided
16. The professional engineer of record shall certify, in writing, that all improvements the event the projec
whether private or public, have been constructed, placed, installed, etc. In substantial
conformance with the accepted Improvement plans for this development.
Certifications, in writing, are to be received by the Town Engineer of the Town of Oro Assurance in the fi
Valley prior to the request for final inspection and the release of assurances. assure installation c
17. A 112' iron pin tagged by an R.LS. will be set at all lot corners upon completion of
construction.
18. All streets are public and are to be dedicated by this plat.
19. Tha property owner, his successors, assigns or a designated Home owners j
Assoc' agrees to (1) Keep all required landscaped areas maintained in a weed
free, tr . free condidtion, (2) replace any dead plant materials within 90 days and (3)
maintain a irrigation system in proper working order. —
20. Only that vegetation shall be removed which Is necessary for building pads and k
accessory uses , roads and driveways. All healthy Palo Verde, Mesquite, Ironwood, so
,... { 111.
Saguaros and Barrel Cacti to be removed shall be tranzplated for on-site landscaping
25' 26
21. Landscaping shall consist of low water use and low pollen-producing vegetation.
•
22. Grading on Lots shall restricted to-' O square feet, to provide for a building
envelope. A grading plan for each lot shall be required and must be approved by L
theTown Engineer and Planning and Zoning Director.
23. A $7,500 escrow account shall be posted prior to Subdivision Assurance Release, to
cover the construction of bike lanes along Naranja Drive. Said account shall be
available to the Town for a period of five years from date of release of assurances for
this project.
24. Setbacks for all the lots shall be a minimum of 20 feet at the front for forward extended
garages and 25 feet at the front for the remainder of the residences, 25 at the front for
residences where the garage is not extended, 10 feet on the side, 25 feet at the rear,
but not to Impact the natural conservation easements.'
Naranja it
415 CidC
25. A 7 foot landscape easement to be granted by the Town for the maintenance of that Rio Rico 4
portion of the 25 foot Naranja Drive landscape buffer which lies within the right-of-way. (502)528-1
26. A Conservation Easement, prohibiting certain activities it areas so designated, has
been recorded at Book 9�// , page /r Yf .
27. Naranja Ranch 1 Homeowner's Association wa maintain the entire 25 foot Na
Landscape Buffer along Naranja Drive.
28. No walls, fences etc.to be constructed in Sewer Easements.
& 101,shall keepthe area Lot 1 thri
29. The owner,of Lots 10& 11, 63&54, 100 within the eerier
easement tree s -Nm any obstruction or encroachment, including waifs and tenon.
at
Cefilf cation
• I hereby certify that the boundary survey shown on this plat was performed under my A Subdl`
direction and that WI existing and w proposed survey monuments and.marker shown are
oorrectly described. I further cry that plat was preparad under my direction. I further O. & S.R.B. 1
certify that this plat was prepared under my direction and that the 100-year flood prone
limits and conservation limits were designed under my supervision.
L4 1417‘etA). Date OV9�-92-2
F.H. A.L S. 016582 0V12-92-9
..
ram^----' (viA, r) v.54- .,f o.wE G0L-Yas.; ¶:Ac- ----
\N-...,............„ . 4044, C'Jk erloeabta
i oar m"
i -.. • • :•• : • . . •• .. --1111 . .. . N
i Flk.**. ''' --
•
to e�/e ., ~-0..►"as ..::. • r el .+ rw.+.r ws rn► wiiei. YWR my,10,4 ‘ `—
%
Ai**
,/ kitii.. ...... ... .....I, ....... ,�..�.A . t
el
• 0 T tar(4 r
* 4., ^- e _Sr., n 1 a
r tACTE..1kb --4 , I ' i i 47
gr / 14eak eiRott EikTrs'i. • 1 iii,t4
'P(co o' E.P ,.�+t A EACIE. .4
i� 4... V23 P:, `rF" 'r" / I
2 2..S -41)116444., ,.j.
..leftwift. ---1 - \
/ I if
1 :I f\Ce If
"1 12,6110 i ift--......,..,.., 1 :ir i ;
57,5.54 . I ----, _ , {—— —...z —__14 / i
.,, _ I II
`*'''''''' ; it
r
I Kto \ileAlc.4-E.j.s:_c-c ........?___,-"--?Es.
i I
? LM1' Tr •L.,44,-.1 ,,,,,o--,...,
LAcofs.6. VaiiNP . Al" f4AKAASA. 1:.4 , 1. L T driT M o IAA, i t( t4 o PITH
1
el= to-c " i li t4 , ViA 12E. 1.A VEIL 1, 11 4. ,co
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, July 25, 2000, 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:
OV10-00-12: LANTANA CORPORATION, 2601 N. CAMPBELL
AVENUE, TUCSON, AZ 85719, REQUEST FOR
VARIANCE TO THE NARANJA RANCH PLAT
REQUIRED FRONT & REAR YARD SETBACKS
FOR ZONE R-4. SUBJECT PROPERTY: 11789 N. VIA
DE LA VERBENITA, LOT 97 OF NARANJA RANCH I
SUBDIVISION.
The applicant requests to reduce the front yard setback from 20' to 15' and the rear
yard setback from 20' to 10'. Due to the shallowness of this corner lot,the approved
model #2218 is the closest fit for this lot and will need a variance approval in order
to comply.
Site plans are available for review during normal business hours at the Oro Valley
Town Hall, Community Development Building. Persons interested may appear in
person, by agent or attorney, and the petitioners must appear or be represented. Any
person seeking further information on this request for a variance may contact Dee
Widero at 229-4812.
REQ: ant M.Nodine,AICP
Planning and Zoning Administrator
POSTED: DM
DATE: July 10th, 2000
TIME; 4 : 30 p.m.
OVIO-OO-12
• . 43:),_4
cr
•kt,
ii .in aurel Dr
m\ I ,
• ditw OroValley
ifteraftft../ft*811V. P Parcels
I,
Wirii4 ii.V,
a: t • sialpo 1
N
, ille IC ., f
ai lil v Jr - 6 - — w _7_, r E
rT—{{ r - s
• PI �_ I \ ma`s , l
0.2 0 0.2 074 Miles
Da,/ v _vim /
July 19, 2000
To: Oro Valley Planning & Zoning
Attn: Dee Widero
From: Bert Kupersmith
Naranja Ranch 1 Homeowners Association
Re: Setback Variance Request for 11789 N. Via de la Verbenita, lot 97
This is to inform you that the Naranja Ranch 1 Homeowners Association is against
granting this requested variance to front and back setbacks.
As far as we know, no other set back variances have been granted in the subdivision.
Other builders have had to deal with similar issues by modifying their house plans or just
building a smaller house. The setback is a defining characteristic of a subdivision and it
would be unfair to other homeowners to allow this house to be visibly different than all
the others. It would be especially unfair to future neighbors who cannot be represented
now as these lots are unsold. The Homeowners Association feels it our responsibility to
put our position forward in a strong manner. Thank you.
Sincerely,
Bert Kupersmith
Member Board of Directors—Naranja Ranch 1 Homeowners Association
Chairman—Architectural Review Committee
I can be reached at
AGENDA
ORO VALLEY BOARD OF ADJUSTMENT
JULY 25, 2000
Oro Valley Town Hall Council Chambers
11,000 N. La Canada Drive
CALL TO ORDER: 3:00 p.m.
ROLL CALL
MINUTES Approval of minutes from June 27, 2000 Hearing
AT THE CALL OF THE CHAIR,THE AGENDA ITEMS MAY BE TAKEN IN ANY ORDER,AS DEEMED APPROPRIATE.
EACH PUBLIC HEARING ON THIS AFTERNOON'S AGENDA WILL BE CONDUCTED IN THE FOLLOWING ORDER:
STAFF REPORT
PETITIONER/APPLICANT PRESENTATION
PUBLIC INPUT
PETITIONER/APPLICANT RESPONSE AND SUMMATION
PUBLIC HEARINGS:
1. OV-10-00-10 LEWIS & ROCA LLP LAWYERS, REPRESENTATIVES FOR EVERGREEN
DEVCO, REQUEST FOR VARIANCE FROM SECTION 10-004.A.1 OF THE ORO VALLEY ZONING
CODE REVISED TO ALLOW A SECOND CURB CUT ON TANGERINE ROAD. SOUTHWEST
CORNER OF TANGERINE AND FIRST AVENUE.
2. OV10-00-11 AT&T WIRELESS PCS SERVICES, INC. REQUEST A VARIANCE TO INCREASE
THE HEIGHT FOR A FLAG POLE/ANTENNA INSTALLATION IN A PLANNED AREA
DEVELOPMENT ZONE TO A HEIGHT OF 50'. LOCATED AT THE VISTOSO GOLF
MAINTENANCE FACILITY, 955 W. PEBBLE CREEK.
3. OV10-00-12 LANTANA CORPORATION REQUEST A VARIANCE TO THE NARANJA RANCH
PLAT. FOR THE REQUIRED FRONT & REAR YARD SETBACKS IN ZONE R-4. 11789 N. VIA DE
LA VERBENITA, LOT 97 OF NARANJA RANCH I SUBDIVISION.
4. OV10-00-13 ARCOS ARCHITECTURE & PLANNING REQUEST A VARIANCE TO RELOCATE
THE EXISTING ENTRY-WAY SIGN ON THE SOUTHWEST CORNER OF ORACLE ROAD AND
GREENOCK DRIVE. 10195 N. ORACLE ROAD.
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: LH
Date: 07/21/2000
Time: 4:00