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HomeMy WebLinkAboutOV100102 LANTANA CORPORATION D IC I. E MAR 0 1 nil e February 22,2001 B Y` Town of Oro Valley Planning and Zoning Department 11000 N.La Canada Dr. Oro Valley,AZ 85737 RE: Board of Adjustment Decision Case #10-00-12 Attn: Dee Widero Dear Ms.Widero: Back in July of 2000, Lantana Corporation submitted a request for a Board of Adjustment hearing on the above case number. Unfortunately we made a mistake and did not show up for the hearing due to a misunderstanding. I am writing to you today to ask for another chance for the Board to hear our case. Please let me know if this is possible and if so what I need to bring you in order to obtain another hearing on lot 97 in Naranja Ranch subdivision. If you have any questions please feel free to call me at 323-0012. Sincerely, LANTANA CORPORATION Jennifer Fertig Construction Coordinator 2601 N. CAMPBELL SUITE 200 TUCSON,ARIZONA (520)323-0012 FAX (520) 326-0000 7/25/200f Minutes.Board of Adjustment 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 NORTH VIA DE LA VERBENITA, LOT 97 OF NARANJA RANCH I SUBDIVISION Dee Widero. Senior Zoning Inspector reviewed the staff report and gave an overview of the lot using the overhead projector. She reported that the applicant is proposing to reduce the front yard setback from 20 feet to 15 feet and the rear yard setback from 25 feet to l 0 feet. Due to the shallowness of this corner lot. the approved model 42218 is the closest fit for this lot and will need a variance approval in order to comply. Staff finding of facts: • 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. • The subdivision is in the final phase Member Adler asked if it was possible that the home be re-positioned to avoid the request for variance. Ms. Widero stated that she did not know if this was possible or not. Mr. Nodine added that this was the most shallow home in the subdivision. Chairman Swan expressed his concerns regarding the lot and the extreme setbacks. He stated that he was unsure if any home could be built on the lot. Mr. Nodine concurred and stated that this was a very peculiar lot. He further explained that he believed the area was originally designed to access onto Via de la Verbenita, but the access was shifted off that road to provide a safer access onto the cul-de-sac. therefore leaving the lot to remain the same. Chairman Swan opened the public hearing. There being no speakers. Chairman Swan closed the public hearing. MOTION: Member Adler MOVED to DENY the Case No. OV10-00-12 application for variance finding that in the absence of the petitioner's testimony, he has no reason to believe that a home could not be designed successfully to fit the lot. It is the builder's responsibility to design such a home to fit adequately on the lot and be in compliance with the ordinance_ Motion SECONDED by Chairman Swan. DRAFT MINUTES BOARD OF ADJUSTMENT FEBRUARY 27, 2001 SPECIAL SESSION 11,000 N. LA CANADA DRIVE ORO VALLEY,ARIZONA CALL TO ORDER at 4:05 p.m. PRESENT: Henry Suozzi, Chairman Bill Adler, Vice Chairman James Swan, Member Lyra Done, Member Cindy Lewis, Member STAFF: Dan Dudley, Town Attorney Bryant Nodine, Planning and Zoning Administrator Dee Widero, Senior Zoning Inspector Debbie Moran, Zoning Tech. Linda Hersha, Secretary II 1. APPROVAL OF MINUTES FROM THE STUDY SESSION HELD ON DECEMBER 19, 2000 AND JANUARY 26, 2001. MOTION: Vice Chairman Adler MOVED to APPROVE the minutes of December 19, 2000 and January 26, 2001, with the corrections noted. Motion SECONDED by Member Lewis. Motion carried, 5-0. 2. CONSIDERATION AND/OR POSSIBLE ACTION REGARDING THE RECOMMENDATIONS OF RULES & PROCEDURES BASED ON 12-19-00 AND 1-26-01 MEETINGS. The following is a draft summary of the recommended rules and procedure for the Board of Adjustment: (as discussed at the Board of Adjustment meeting of February 27, 2001) "Summary of Recommended Rules and Procedures for the Board of Adjustment" 1. Staff Duties: Clerk's Office • Make room arrangements, mail materials, take minutes and schedule meetings 2/27/01 Minutes,Board of Adjustment 2 Special Session 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 • Coordinate all necessary reports/materials/exhibits for the Board consideration • Invite all necessary staff to Board meetings • Notify the Board by the 10th of each month if a meeting will or will not be held and Board members to notify staff of inability to attend a meeting • All materials and agenda shall be distributed to the Board by staff at least one (1) week prior to the meeting date 2. Board Duties: • As outlined in Article 1-7 of the Zoning Code as specified in the Board of Adjustment manual. (See attached) 3. The Applicant: • The applicant shall submit all materials with an application 15 days prior to the meeting date • The burden of proof is on the applicant and he/she should address the 5 Criteria in writing on the application • The applicant should submit in writing the fact that they are requesting a variance for more the one (1) issue, if applicable 4. Board Meetings: • The Board should stay focused and only discuss agenda issues and not discuss issues directly with the applicant, especially during a site visit (Except for questions of fact) • All questions and comments during the meeting shall go through the Chair • During the meeting the applicant should have the first "shot" at presenting their case prior to the staff report • Staff should identify each individual variance and all the issues involved • It was agreed that the Board could give the applicant some direction and may state their reason(s) why they voted aye or nay 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."(See attached) 2/27/0] Minutes, Board of Adjustment 3 Special Session • An "objective" evaluation process of a board members performance would be desirable and perhaps serve as a guideline for the Town Council and the Government Review Task Force • The process to replace or re-appoint Board members shall begin by May 1 St for new terms that commence on July 1st 6. Conflict of Interest: • Issues should be declared up-front so that the Board member can be fair, objective, and impartial and should not be personally involved 7. Relationship with other Boards/Commission/Council: • It was agreed that the Board of Adjustment minutes or excerpts regarding concerned issues shall be distributed in a timely fashion 8. Other: • It was suggested that a more "personal" notification letter be mailed to encourage public response and that the radius should be increased to at least 600 or 1000 feet Member Lewis agreed that the radius for notification should be increased. She also suggested that the time of the meetings be discussed; and develop a procedure that identifies each issue pertaining to the variance when the application is submitted. She stated that she would prefer that the petitioner address the issues and not be the responsibility of staff. Member Done re-iterated that under the category "Procedures and Conduct", the fact that a member is allowed to discuss "questions of facts" when reviewing the site should be included. Member Adler gave some additional suggestions pertaining to the development of the agenda and various other topics: • A member of the Board should be allowed to request an item be added to the agenda • If a member has requested an item to be included on the agenda, he/she should be informed if the item has been omitted from the agenda before it is finalized • Review how exhibits should be handled when submitted at the time of the meeting • The Board should review the possibility of whether or not staff members from various departments should be available to answer questions regarding a case • Review the level of importance of the 5 Criteria to make a final determination as a group, because the Code does not stipulate that a finding has to be met • There should be further discussion regarding the swearing in of the applicant In conclusion, Vice Chairman Adler stated that the request that the notification to the homeowner's be changed from the 300 feet radius to 1000 feet was an ordinance issue. 2/27/0l Minutes, Board of Adjustment 4 Special Session He emphasized the fact that the Board may not be permitted to establish a rule that differed from the ordinance. Member Done expressed that the Board should take a serious concern regarding a "conflict of interest"to determine what would be considered a conflict. Mr. Dudley explained that the member should definitely follow the normal conflict rules and excuse him or herself from the meeting. He stated that a member should not declare a conflict by merely stating "I'm going to abstain". He further explained that the Board could choose to adopt ethical consideration as well as legal consideration, but, be aware of the results once the ethical guidelines are created. He said that once the guidelines are produced, the strictness could cause unintended consequences. Vice Chairman Adler stated that the Board would probably be unable to agree on how to define an ethical determination in relation to anything. He said that the Board should not be influence by perception. "The Board member has to decide for himself whether they have a legitimate role to play in their view, or whether or not they can be objective in their determination of the evidence. Therefore, the Board will have to trust one another to make the best judgement". Member Swan stated that the decision should be the individual to determine whether the case would be a"conflict of interest" and act accordingly. Chairman Suozzi explained that there had not been a consensus regarding the oath. He referenced the typical "Oath of Witness" for swearing in of the citizens intending to testify at a hearing. The typical or standard legal oath reads as follows: "Do you swear or affirm to speak (or tell) the truth, the whole truth and nothing but the truth". Although there may be other oaths that are given, this oath is typical for depositions and trials in Arizona. The Board agreed that this item should be included in the final draft of the Board of Adjustment Procedures. Member Done felt that it was important that each witness or applicant be sworn in individually. Chairman Suozzi and Member Lewis agreed. Vice Chairman Adler disagreed and stated that legally the oath had no impact on the applicant. He said that the only reason any person would be sworn in would be to charge the person with perjury; therefore, he considered the oath a meaningless act because it did not obligate someone to tell the truth. He said the oath should be eliminated. Mr. Dudley explained that it was not a requirement to swear in a witness or applicant under the State Statues or under the Town Ordinance. He recommends that the Board swear in witnesses because the court is more comfortable with the procedure when reviewing the evidence. He added that he did not know of any cities or town that did not use the method during a case hearing. 2/27/0l Minutes, Board of Adjustment 5 Special Session Vice Chairman Adler stated that he would be willing to withdraw the issue regarding the oath, but wanted to register his opposition. He stated that if the courts were convinced that the oath was important, the statute would be changed and would make the oath a requirement. MOTION: Member Done MOVED to INCLUDE the "Oath of Witness" as a part of the procedure when conducting a Board of Adjustment hearing. Motion SECONDED by Member Lewis. ROLL CALL VOTE Chairman Suozzi —aye Vice Chairman Adler—nay Member Done—aye Member Lewis—aye Member Swan—aye Motion carried, 4-1, with Vice Chairman Adler opposed. 3. CONSIDERATION AND/OR POSSIBLE ACTION REGARDING CHANGING THE TIME OF REGULAR BOARD OF ADJUSTMENT MEETINGS MOTION: Member Done MOVED that the Board of Adjustment meeting continue to be held at 3:00 p.m. Motion SECONDED by Member Swan. Discussion: Member Done stated that the reason she felt that the schedule should be remain at the current time was because no matter what time the meetings are held, the only time it will become issue is when it affects an individual on a personal level. Member Swan called for the question. Motion carried 3-2, Chairman Suozzi and Vice Chairman Adler opposed. Chairman Suozzi opened the floor for discussion regarding the possibility of increasing the notification radius from 300 square feet to 600 or 1000 square feet. Vice Chairman Adler explained that the issue regarding the notification has been placed on the Planning and Zoning Commission work plan. He felt strongly that the notification radius of 300 feet or even the 600 feet radius was to small of an area when major projects are under construction. He considered the issue to be a Commission agenda item because it would require a revision to the ordinance. He stated that the Board could make a recommendation to have the revision made. Chairman Suozzi asked if any of the other Boards used the 300 feet radius. 2/27/0] Minutes,Board of Adjustment 6 Special Session Ms. Widero replied, "No, some of them go up to 600 feet. I would like to add that the 300 feet or 600 feet does not only go from the center of property, but from the perimeter of the property." She explained that there would have to be an ordinance change in order to change the radius which has to go before the Planning and Zoning Commission. Mr. Nodine suggested that staff could provide the additional mailing labels beyond the 300 feet minimum required by the code, but he would prefer to see that the burden be placed upon the applicant. Mr. Dudley explained that occasionally the Town has gone beyond the minimum requirements and inadvertently omitted a citizen of notification in the area. He explained that those citizens believe that they are an aggrieved party and believe since they were not notified, they could challenge that fact in the Superior Court, which is fairly strict in their interpretation. He explained that by increasing the radius, it would open the door for more opportunity for error. Member Done expressed that she did not want to see the Town become liable and involved in a possible lawsuit that would potentially fall apart in court. Mr. Nodine explained that typically for rezoning, a 600 feet radius is used because it would be considered a major change in land use that could affect a broad area. He explained that there were several things that would need to be considered when reviewing appropriate notification. He said that a lot of the decision would be base upon common sense. MOTION: Vice Chairman Adler MOVED that the Board of Adjustment recommend that the Planning and Zoning Commission review the Ordinance as it relates to notification parameters and with the help of Staff, review expanding the notification radius appropriately. Motion SECONDED by Member Done. Member Done called for the question. Motion carried, 5-0. ADJOURNMENT MOTION: Member Lewis MOVED to ADJOURN the meeting at 5:10 p.m. Motion SECONDED by Member Done. Motion carried, 5-0. Resp tfully submitte , i da Hersha, Secretary II • How and when staff reports get • Our booklet, Public Meetings. to the commission and the public. • At least one copy of the Zoning Board Manual by Fred Bair • How minutes are kept and should be available. where they are stored. • A copy of the booklet, You as a • Regular reports to the council Public Official, or some other or board of supervisors. primer on the laws regarding • Relations and coordination conflicts of interest and open among boards (in the case of meetings. counties with more than one • Copies of any administrative board of adjustment.4) procedures and policies, This is not an exhaustive list, but it gives application forms, handouts, you the idea. A thorough treatment of this and anything else that the public is in Fred Bair's Zoning Board Manual. must contend with when Sample rules are in the ARIZONA transacting zoning adjustment PLANNING AND ZONING HANDBOOK, and enforcement business. and we have some in our files. Desirable Attributes of Board Members Tools of the Trade See also "The Role of and Qualifications Here are some references that every board for the Board of Adjustment" in the member should have and be familiar with: appendices. • A copy of the A.R.S. planning • An interest in zoning and and zoning enabling legislation planning and a willingness to for municipalities or counties, as learn about them. appropriate. • Time enough to learn about the • An up-to-date copy of your business of the board and to community's general plan or prepare for meetings and your county's comprehensive hearings. plan and all adopted specific • An open, impartial, and orderly plans. If there is no adopted mind. plan, copies of any interim • Honesty and fairness. policies, goals, and objectives dealing with planning, zoning, • The ability to envision and land-use, and development. consider the long-term effects • A copy of your zoning of a decision and to put them ordinance. ahead of any short-term changes. • The board's rules of procedure. • The ability to put the public • This booklet. good above the welfare of individual applicants when 4This is as good a place as any to making your decisions. recommend that counties have a single board. The potential problems and • The ability to be articulate at unfairness from discrepancies in public meetings and hearings. interpretations, attitudes toward variances, etc. in counties with three or five boards is • A commitment to enforce the mind-boggling. zoning laws as they are, and not Arizona Department of Commerce * Community Planning Program—_11 . let your disagreement with parts those are likely to apply to a board of of them sway your decisions. adjustment: • A commitment to work for the 1. To get legal advice from your improvement of the zoning municipal or county attorney. ordinance. This does not mean the routine advice that you may get at regular hearings. There must be THE BOARD MEMBER AS A an exchange of confidential PUBLIC OFFICIAL information. You, as a board member, are a public 2. To discuss pending or official in the eyes of Arizona law. As threatened lawsuits with the such, you have to know about and obey board's attorney. certain laws that apply to all public officers There must be at least twenty-four hour's and officials. The two most important of ty" these are the Conflict of Interest Law and notice for an open meeting. There must be an agenda descriptive enough to allow a the Open Meeting Law. We will describe them briefly here to give you an idea of reasonable person to decide to attend or not. Basic minutes must be taken and their importance. A more comprehensive made available to the public within three source of information that you should all working days of the meeting. have is the pamphlet, You as a Public Official published by the League of Anyone who violates the law can be fined Arizona Cities and Towns. You can get it up to five hundred dollars. This must be from the League or from us. It contains paid by the individual and the public agency clear, concise coverage of open meetings may not pay it. A willful, intentional and conflicts of interest, along with three violator may be forced personally to pay other groups of laws that aren't as court costs and the plaintiffs attorney's important to you. fees. Open Meeting Law Conflicts of Interest The thrust of this law is THE PUBLIC'S This law specifies nine remote interests BUSINESS MUST BE CONDUCTED IN which cannot create conflicts. Substantial PUBLIC. The Arizona open meeting law interests, which can create a conflict, are is a strict one and it has within it a defined as any interest which is not one of provision that all doubtful situations must the nine remote interests. The law covers be resolved in favor of openness. If there is only the financial or economic interests of any doubt whether or not a meeting must you and specified relatives. The Local be open to the public, it must be open. All Government Handbook published by the of your hearings must, of course be open to Attorney General says that: "a conflict of the public, and at no time may a quorum of interest occurs whenever a public officer or the board discuss official business or employee has the opportunity to perform pending cases (other than at authorized some act or participate in making a executive sessions) except at a public decision in his official capacity that might meeting. Even meetings of fewer than a affect an economic interest of either himself quorum can be violations if there is an or his close relatives." Relatives, as defined intent to subvert the law. in the law are: spouse; spouse's parents, There are seven reasons that can justify brother, sister, or child; children and grandchildren; parents and grandparents; closed, executive sessions. Only two of Arizona Department of Commerce * Community Planning Program-12 1 ADMINISTRATION ARTICLE 1-7. BOARD OF ADIUSTMENT 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 laws of the State of Arizona. Sec. 1-704 Composition A. A oin pptment: 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. 1 Oro Valley Zoning Code Revised 1 - 1 1 (Rev.8194) • ADMINISTRATION 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. E. 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. E. 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. 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: Oro Valley Zoning Code Revised 1 - 12 (Rev.W94) ADMINISTRATION 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, nor 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 l own of Oro Valley and one notices 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 Oro Valley Zoning Code Revised 1 — 13 (Rev.8/94) • ADMINISTRATION 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. Rev. (0)92-1,January 15, 1992 Oro Valley Zoning Code Revised ORO VALLEY PLANNING AND ZONING DIVISION BOARD OF ADJUSTMENT REPORT CASE NO: OV 10-01-02 Hearing Date: March 27, 2001 Agenda Item No.: 1 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 closest fit approved model is #2218,with a variance approval this model will comply. SUMMARY: Staff finding of facts: • The shape of lot creates special circumstances or conditions. • The applicant or owner did not create the circumstance or condition. • The DRB approved model home plans for Lantana Corporation are similar in size and architecture as others properties in the area. 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 10-01-02, 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 OV 10-01-02 as submitted by the applicant with the following stipulations: (Staff does not have any stipulations to recommend). OR I move to deny OV 10-01-02 finding that: (Board to state reason why the variance cannot be granted). 2 ATTACHMENTS: 1. BOA application with narrative 2. Plat references 3. Site map 4. Plot plans F:\OV\OV 10\2000\10-01-02\REPORT.doc 3 oQo JP�EY qR 0 TOWN OF ORO VALLEY c- PLANNING &ZONING DIVISION ORO VALLEY AZ 85737 . 11,000 N.LA CANADA DRIVE, �- Phone: (520)229-4800 Fax: (520)742-1022 F .A ouNDEO\'' BOARD OF ADJUSTMENT APPLICATION FOR: k Zoning Variance Zoning Interpretation V/ is , Appeal of Administrative Decision CASE NO.: NATURE OF REQUEST: e'tuc:; -I `I►�ar 'SET S 1D F t ET. APPLICANT: Lia\N-T-r„1.1Th PHONE/FAX: Ooia OOc \ ADDRESS: cLQC . CEL AV E L ATE aDL) OWNER: �INS`e1 L ADDRESS: 6s6 Li x,.. '�Y`V FLL �RV� - i apb V PARCEL NUMBER: 7 ,kd 9 9 v PROPERTY LOCATION/ADDRESS: \\`A(D U t � 1--thk �/�� N 11 A 1 . LEGAL DESCRIPTION:NARANZIN ocn �� `�UE d3 ACREAGE: . CM CURRENT ZONING: APPLICABLE FEE: - ATTACHMENTS: \3 Co?!e5 CIF ►-cyi2 EL-Ev v=4-T C1,)C____orryci,\-- 3 ot-, ec_ riNc-)1 L19NS t tvtiv--E1C_ I ' 1C.--v\G) \ \CI\ 1 jSIGNATURE OF APPLICANT (AND ALSO PRINT NAME) DATE F:IADMIN\FORMS\BOAAPP.doc SUPPLEMENTAL QUESTIONS FOR APPLICATION FOR A VARIANCE 1. Identify difficulties or problems that would result from complying with the present zoning requirements. u -VD E N PkWcx),INE55 o S t\E Lo T Ours rnd�tL al k ONL'\ M( L WE C_ `R 1Lb 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 shape,location,washes,vegetation and easements,etc.). k\E Woo v\ cN,A eurns-ri: 1Li f S 1E 1teE Sw'r r i ,, of 'ME 'Lo . P�.c e• E-1A CKg' AtL►�\(:k(1\ Identify and explain any peculiar conditions in the surrounding area, which would keep you from complying with the present zoning requirements. \ ?LV ci E ►A N1 c of our f'cx�� •mo�E,LS o w t-07. E"-10U L D Kt o T \4cs 12X 'i uE "GlJ S1.2 o P Q-t E O S ICY W ome- rro L. c9 R I% \Ai t LL \4 0 f c \&.t -t- -R Eerie 4 ) sptc . 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. 2 FINDINGS: 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 This particular property is very narrow and shallow. Therefore we do not have the allowance for the required setbacks. B. That special circumstances were not created by the owner or applicant; and Due to a non-access easement to the east of the property,this now forces us to move the entrance to the house 90 degrees making the driveway entrance at the North. C. That the authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights; and If variance were to be granted,it would not hinder the enjoyment and/or preservation of the surrounding properties. 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 The way the site plan is designed it would not interfere with any other properties in the subdivision. Also,with the Town of Oro Valley's no access easement this does not allow us to build the house within normal industry standards. 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. This property,being a corner lot and the drive to the North, does not infringe on another person's property or any type of public welfare. General Notes 1. The gross area of the subdivision is 97.84 acres. - Z Area of natural open space is 4 acres. 3. The total number of lots is 162. 4. The basis of bearings for this subdivision is GLO Southline of Section 3 said Bearing being S 89a 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. Unsut this development will removed at no expense to the Town of Oro Valley SR 7. No further subdivision of any lot or parcel shown will be done without the written approval of the Oro Valley Town Council. Naranja Dri 8. Single farrdy 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' Front-50' Side - Io' Rear -50' Side - 20' fij11111111 11. Zoning - R-4 Density= 1.69 units/Acre Zoning -R 1-144 Density= .286/Acre 12. �Qr: First American Title Insurance Company, a California corporation, as trustee under Trust No 1 4515. 1880 East River Road Assurance Tucson, Arizona 85719 Assurance in the (602) 577-8707 recorded in Docket 13. Maximum building Height -4 -2 stories and street Improver 14. Parking provided on lot ffi 4 telephone, (2 in carport, 2 in the Front setback) n gas, sews 15. The area between 100 Year Flood Limits represents an area that may be subject to jet . - 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 torn has been provided to 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 for 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 comers upon completior. of construction. 18. All streets are public and are to be dedicated by this plat. 19. The property owner, his successors, assigns or a designated Home owners ' Assocl agrees to (1) Keep all required landscaped areas maintained in a weed free, trL*ee condidtlon, (2) replace any dead plant materials within 90 days and (3) maintain the irrigation system in proper working order. 1 uses mat are compauuie with woo plain management as apfxovec uy we iowrr 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 a 17. A 1/2* iron pin tagged by an R.LS. will be set at all lot comers upon completion of construction. 18. All streets are public and are to be dedicated by this plat. 19. The property owner, his successors, assigns or a designated Home owners ft Assocl 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. — 2'0. Only that vegetation shall be removed which is necessary for building pads and `+ accessory uses , roads and driveways. All healthy Palo Verde, Mesquite, Ironwood, scr Saguaros and Barrel Cacti to be removed shad be ircnzpicslted for onsets londscoping Zs 25* 21. Landscaping shall consist of low water use and low pollen-producing vegetation. ,s570p 22. Grading on Lots shall restricted to _= square feet, to provide for a building " envelope. A grading plan for each lot shall be required and must be approved by 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, lirt . but not to Impact the natural conservation easements.- Naranjo Ra 415 Cid Cc 25. A 7 foot landscape easement to be granted by the Tbwn for the maintenance of that Rio Rico, A portion of the 25 foot Naranja Drive landscape buffer which lies within the right-of-way. (502)528-8 26. A Conservation Easement, prohibiting certain activities In areas so designated, has been recorded at Book 9‘// , page /P.Yy . 27. Naranja Ranch 1 Homeowner's Association will maintain the entire 25 foot Landscape Buffer along Naranja Drive. NaA 28. No walls,fences etc. to be constructed in Sewer Easements. 29. The owners of Lots 10& 11 53&54, 100& 101,shag keep the area the sewer Lot I thrL easement free , "Nrn any obstruction or encroachment, Ong walls and fences. an 21111ficAtIon hereby certify that the boundary survey shown on this plat was performed under my A SubdIV direction and that all existing and/or proposed survey monuments and.marker shown are described. I further certify that this plat was prepared under my direction. I further G. & S.R.B. & limits conat servation �designed� ��nv�lsi�or,� 1 N-year flood prone KAThet ) Date424/5 OV9=92-2 F.H. R.t_S. 116582 OV 12-92-9 • ,: 5-44 A-c.k-s , . . . • ,r • , -,e ati Z v ii. 11;.% co-* . .. - zs- 1 ‘ / y, MR. 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Alla " ' ma ' . - gill illg MI N Nib* 4411 iiii13: 81/ 4110 1•400.- gi 04 .- Br lie I* 0 1 / / / liiii .1, J5 OVIO -01 -02 1 Qu rtz Rapk I A.Copper Sky Dr • B.Copper Ridge PI rn :�J op =in Kaurel D ety ('/i Air . . im,„ .),„( iti ft...7 :1ir 41 ** ILI se iiv*, A/ 0ParorcVeaIsIley wax iftilit orii A ' .. e r , , 4„. itig, -lap , 0.2i ---1 r E iiiri,0 0 0.2 0.4 ilas 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, March 27, 2001, 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: OV10-01-2: 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: Bryant M. Nodine,AICP Planning and Zoning Administrator POSTED: DM DATE: 3/09/01 TIME: 2 : 00 p.m. 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 MAR 1 u1 March 12, 2001 BY: 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 Apparently this builder is coming back for the same variance requested, AND REJECTED, last July. It violates both the original Plat and our CCR's. The Naranja Ranch 1 Homeowners Association remains against granting this request for the same reasons stated in our previous letter(ATTACHED). Would you please make sure these letters get in the hands of the appropriate member(s) of the Planning and Zoning Commission. Thank you. Sincerely, 20,([74,--74- 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 March 27, 2001 Oro Valley Town Hall Council Chambers 11,000 N. La Canada Drive CALL TO ORDER: 3:00 p.m. ROLL CALL AT THE CALL OF THE CHAIR,THE AGENDA ITEMS MAY BE TAKEN IN ANY ORDER,AS DEEMED APPROPRIATE. MINUTES Approval of the regular meeting minutes of January 23, 2001 and February 27, 2001 and the Special Study Session minutes from February 27, 2001 hearing EACH PUBLIC HEARING ON THIS AFTERNOON'S AGENDA WILL BE CONDUCTED IN THE FOLLOWING ORDER: PETITIONER/APPLICANT PRESENTATION STAFF REPORT PUBLIC INPUT PETITIONER/APPLICANT RESPONSE AND SUMMATION PUBLIC HEARINGS: 1. Lantana Corporation requests approval for a variance to reduce the front and rear yard setbacks in an R-4 zone. Subject property is located in the Naranja Ranch I subdivision, 11789 N. Via de la Verbenita, lot 97. PLANNING AND UPDATE REPORT 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:03/23/2001 Time:4:30 DRAFT MINUTES BOARD OF ADJUSTMENT MARCH 27,2001 11,000 N. LA CANADA DRIVE ORO VALLEY,ARIZONA CALL TO ORDER at 3:07 p.m. PRESENT: Henry Suozzi, Chairman Bill Adler, Vice Chairman James Swan,Member Lyra Done,Member Cindy Lewis, Member STAFF: Dan Dudley, Town Attorney Bryant Nodine,Planning and Zoning Administrator Dee Widero, Senior Zoning Inspector Debbie Moran,Zoning Tech. Linda Hersha, Secretary II 1. APPROVAL OF THE REGULAR MEETING MINUTES OF JANUARY 23, 2001 AND FEBRUARY 27, 2001 AND THE SPECIAL STUDY SESSION MINUTES FROM FEBRUARY 27, 2001 HEARING MOTION: Vice Chairman Adler MOVED to APPROVE the minutes of January 23, 2001 and February 27,2001 and the Special Study Session minutes with the corrections noted. Motion SECONDED by Member Done. Motion passed unanimously, 5-0. 2. PUBLIC HEARINGS CASE #0V10-01-02 LANTANA CORPORATION REQUESTS APPROVAL FOR A VARIANCE TO REDUCE THE FRONT AND REAR YARD SETBACKS IN AN R-4 ZONE. SUBJECT PROPERTY IS LOCATED IN THE NARANJA RANCH I SUBDIVISION, 11789 NORTH VIA DE LA VERBENITA,LOT 97 Chairman Suozzi swore in the applicant that was intending to testify. Jennifer Fertig,representing the Lantana Corporation, reviewed the site plan using the overhead projector. She explained that because of the no-access easement, the developer would be unable to construct a driveway. She explained that the site had been purchased from the preliminary plan produced by the developer, which did not reflect a no-access easement. Therefore, the applicant assumed a driveway would be permissible on either side of the corner lot. She stated that the no-access easement was discovered after the final plat for the subdivision had been purchased. 3/27/01 Minutes 2 Board of Adjustment Member Lewis asked if it were possible to make the home fit within the setbacks. Ms. Fertig explained that it would be possible but the home would lose about 10-feet. Vice Chairman Adler asked if it would be accurate to assume that the model homes were not designed for specific projects but were designed generically, so when a development comes forward the architect could propose a model that they believe would be suitable or acceptable for the project. Ms. Fertig replied, "that is correct". She explained that the models developed for the Naranja Ranch I Subdivision were much larger than most city models. She explained that the home located on Via De La Verbernita was a semi-custom home rather than a production home. Vice Chairman Adler asked if the model was designed specifically for that subdivision. Ms. Fertig replied, "that's correct". Vice Chairman Adler asked why wasn't the no-access easement discovered until the final plat was done. Ms. Fertig explained that unfortunately the developer never mentioned the discrepancy regarding the easement until the final plat had been presented. Vice Chairman Adler asked if the home had already been designed prior to the approval of the final plat. Ms. Fertig replied, "correct". Vice Chairman Adler asked if the request regarding the temporary off-street parking near the home would be revised and designed for long-term parking. Ms. Fertig replied "yes". Chairman Suozzi expressed concern with the home being placed too close to the property line of the adjacent home and that a large home was being placed on a very small lot. Member Swan suggested widening Lot 97 by incorporating a portion of Lot 95 and Lot 96. Ms. Fertig explained that the company would take the suggestion into consideration,but would need to review figures to know how much land would be taken away from the other lots. She stated that the recommendation would be considered to be the last resort. 3/27/01 Minutes 3 Board of Adjustment Member Swan explained it would be more feasible to take the required footage needed from Lot 95 and revise the position of the home. Chairman Suozzi agreed. Member Lewis asked what was the average square footage of a home in the Naranja Ranch I Subdivision. Ms. Fertig replied "about 2800 square feet." Vice Chairman Adler asked for an estimated cost to make revisions to the model. He also asked if it was feasible to make a plat amendment to change Lot 95 and Lot 97 so that the applicant could change the size of the model to accommodate the setbacks and meet the requirements. Ms. Fertig explained that with the engineers cost and amending the plat the estimated cost would be approximately $8,000.00. Vice Chairman Adler asked if that would virtually wipeout the profit. Ms. Fertig replied "yes." Bryant Nodine, Planning and Zoning Administrator explained that the plat change could be processed without a plat amendment by recording the change to the Pima County Recorders Office. He explained that the only problem would be how the change would affect the fit of the model home on Lot 95. Vice Chairman Adler explained that the applicant had stated that they were not aware of the no-access easement from the developer until the final plat was confirmed, and at that time, when the final plat was submitted and approved, the applicant had already designed the models. He asked if this was a conventional process. Mr. Nodine explained that the no-access easement is usually shown at the Preliminary Plat stage,but that the plat had other problems as well. Vice Chairman Adler stated that he was surprised by the sequence of events, especially the fact that the applicant was unaware of the no-access easement at a point in time when the model had already been designed for a lot that was believed to be conventional in the sense of having ordinary access. Member Swan asked how many lots in the subdivision did the applicant originally purchase on the deal. Ms. Fertig replied "26 lots." Member Swan asked if the subdivision had a Homeowners Association. Ms. Fertig replied "yes,we do." 3/27/01 Minutes 4 Board of Adjustment Member Done confirmed that after doing some research that in July of last year the majority of homes located on Via De La Verbenita were at least 2200 square feet except for one, which was 1748 square feet. Chairman Suozzi reiterated that the Board had received correspondence letters from the homeowners association. The letters stated the following: March 12, 2001 To: Oro Valley Planning &Zoning Attn: Dee Widero From: Bert Kupersmith Naranja Ranch 1 Homeowners Association Re: Setback Variance Request for 11789 North Via de la Verbenita lot 97 Apparently this builder is coming back for the same variance requested, AND REJECTED, last July. It violates both the original Plat and our CCR's. The Naranja Ranch 1 Homeowners Association remains against granting this request for the same reasons stated in our previous letter(ATTACHED). Would you please make sure these letters get in the hands of the appropriate member(s) of the Planning and Zoning Commission. Thank you. Sincerely, Bert Kupersmith Member Board of Directors—Naranja Ranch 1 Homeowners Association Chairman— Architectural Review Committee I can be reached at 11514 North Via de la Verbenita 219-1250 ***** 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 North Via de la Verbenita, lot 97 3/27/01 Minutes 5 Board of Adjustment This is to inform you that the Naranja Ranch 1 Homeowners Association is against granting this requested variance to front and back setbacks. A 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 the 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 Director—Naranja Ranch 1 Homeowners Association Chairman —Architectural Review Committee I can be reach at 11514 North Via de la Verbenita 219-1250 Dee Widero, Senior Zoning inspector reviewed the staff report. She explained that the Lantana Corporation requests to reduce the front yard setback from 20' to 15' and the rear yard setback from 25' to 10'. She said that 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. She explained that the site was located in Naranja Ranch I,north of Glover Road. Naranja Ranch 1, is a 170-lot subdivision and abuts Copper Ridge I to the north and Copper Ridge 11 and Desert Vista to the east. To the west is Ironwood Ranch and La Cholla Estates. Ms. Widero explained that all property owners within 300 feet of the property were notified by mailing of the hearing and the property has been posted with a notice of hearing and that the hearing was advertised in the Daily Territorial Newspaper. She said that at the time of the report preparation, staff had not received any public comment supporting the request,but had received a letter in opposition from the Naranja Ranch 1 Homeowners Association and a voice mail from a concerned citizen opposing the development. Ms. Widero explained that Lot 97 consists of 11,473 square feet in total area; it is a very shallow lot, and at one point it is only 76 feet deep. She explained that without a variance, the lot would require a home no greater than 31 feet deep. She explained that to the east and around the curve of the lot is a 1-foot no-access easement. She explained that the star shown on the final plat exhibit indicates access onto the property and that the driveway to the garage must enter from the north. 3/27/01 Minutes 6 Board of Adjustment Staff finding of fact: • The shape of the lot creates special circumstances or conditions. • The applicant or owner did not create the circumstance or condition. • The Development Review Board (DRB) approved model home plans for Lantana Corporation are similar in size and architecture as other properties in the area. Chairman Suozzi opened the Public Hearing. There being no speakers Chairman Suozzi closed the Public Hearing. Ms.Fertig reiterated that reducing the setbacks would be the easiest way to solve the problem. Chairman Suozzi asked if the applicant had any final comments. Ms. Fertig"no." Vice Chairman Adler stated that when the Town approves models and lots that the Town should bear some responsibility should there ultimately or eventually occur a discrepancy between the models and lots that has been approved. Therefore,he could not excuse the Town of some responsibility for the problem. On the other hand, the builder clearly has some responsibility to submit models designed for the project, conform to the CC&R's and to the lots that are described. He stated that the builder should bear the primary responsibility for the discrepancy. He said that it was regrettable that the no-access easement was not noted on the Preliminary Plat,but did not know if that would excuse the builder from the normal due diligence involved in researching the models and the lots that are proposed. He stated that the builder should have made sure that they conformed to the CC&R's and to the appropriate setbacks. He explained that he was factoring in that to make adjustments to the model would be prohibitively expensive and that it could represent a degree of hardship that would justify allowing the variance. But, he believed it was the builders responsibility to avoid these problems and that through the due diligence process,the difficulty should have been detected early enough in the process so that they would not be locked into a situation which seems to be almost unattainable at the moment. He explained that the fact that it was unattainable, in his opinion,was because the problem was not necessarily the responsibility of the Town. Although the lot is peculiar in shape, it is the responsibility of the builder to propose models that fit, not the responsibility of the Town to adjust the Zoning Code to fit the models on an irregularly shape lots. MOTION: Vice Chairman Adler moved to deny the application for variance for CASE NO. OV 10-01-02 for the reasons stated above. Motion seconded by Member Lewis. 3/27/01 Minutes 7 Board of Adjustment ROLL CALL VOTE Chairman Suozzi—aye Vice Chairman— aye Member Lewis— aye Member Done— aye Member Swan - aye Motion carried to deny Case No. OV 10-01-02, 5-0. PLANNING AND ZONING UPDATE Bryant Nodine,Planning and Zoning the following: • The General Plan update will begin in the next couple of months. • There are proposals in for Rancho Vistoso Neighborhood 4, a C-2 Zone property located on the southwest corner of Tangerine and Oracle. He reported there was a book available for review from Vistoso Partners indicating their intentions. He announced that there would a neighborhood meeting on Thursday night at 7:00 p.m. in the Navajo Room in the Development Services building. • The Ritz Calton Development Plan have been completed and will be presented to the Town Council this month. • The engineering plans has not been completed for the new Osco Drug Store,but will be located on Lambert and La Canada. • The new Walgreen's Drug Store has not submitted improvement plans and the project is currently on hold. Member Done asked what would be the general time commitment for citizens who volunteer to serve on a General Plan. Mr. Nodine stated that at least l evening meeting once a month, 3 training meetings and 1 full day on a weekend. ADJOURNMENT MOTION: Member Swan moved to adjourn the meeting at 4:05 p.m. Motion SECONDED by Member Done. Motion carried, 5-0. Respectfully submitted, Linda Hersha, Secretary Il BOARD OF ADJUSTMENT The following is a draft 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). "Summary of Recommended Rules and Procedures for the Board of Adjustment". 1. Staff Duties: Clerk's Office • Make room arrangements, mail materials, take minutes and schedule meetings 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. • Coordinate all necessary reports/materials/exhibits for the Board's consideration. • Invite all necessary staff to the Board meetings. • Notify the Board by the 1 0th of each month if a meeting will or will not be held and Board members to notify staff of inability to attend a meeting. • All materials and agenda shall be distributed to the Board by staff at least one (1)week prior to the meeting date. 2. Board Duties: • As outlined in Article 1-7 of the Zoning Code and as specified in the Board of Adjustment manual. 3. The Applicant: • The applicant shall submit all materials with an application 15 days prior to the meeting date. • The burden of proof is on the applicant and he/she should address the 5 Criteria in writing on the application. • The applicant should submit in writing the fact that they are requesting a variance for more the one (1) issue, if applicable. 4. Board Meetings: • The Board should stay focused and only discuss agenda issues and not discuss issues directly with the applicant, especially during a site visit (Except for questions of fact). 1 • All questions and comments during the meeting shall go through the Chair. • During the meeting the applicant should have the first "shot" at presenting their case prior to the staff report. • Staff should identify each individual variance and all the issues involved. • It was agreed that the Board could give the applicant some direction and may state their reason(s)why they voted aye or nay. 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 and the Government Review Task Force. • The process to replace or re-appoint Board members shall begin by May 1 St for new terms that commence on July l st 6. Conflict of interest: • Issues should be declared up-front so that the Board member can be fair, objective, and impartial and should not be personally involved. 7. Relationship with other Boards/Commission/Council: • It was agreed that the Board of Adjustment minutes or excerpts regarding concerned issues should be distributed by staff in a timely fashion. 8. Other: • It was suggested that a more "personal" notification letter be mailed to encourage public response and that the Board recommends to the Planning and Zoning Commission that the radius should be increased to at least 600 or 1000 feet. 9. Swearing in the Applicant • It was the consensus of the Board that the recommended oath for swearing in the applicant or witnesses be used and stated as follows: "Do you swear or affirm to speak (or tell) the truth, the whole truth and nothing but the truth". I)