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HomeMy WebLinkAboutOV100105 DRAFT MINUTES BOARD OF ADJUSTMENT SPECIAL SESSION MAY 22, 2001 11,000 N. LA CAST' DRIVE ORO VALLEY,ARIZONA CALL TO ORDER at 2:06 p.m. PRESENT: Henry Suozzi, Chairman Bill Adler, Vice Chairman James Swan, Member Lyra Done, Member Cindy Lewis, Member(excused) STAFF: Bryant Nodine, Planning and Zoning Administrator Dee Widero, Senior Zoning Inspector Debbie Moran, Zoning Tech. Linda Hersha, Secretary II 1. REVIEW AND/OR POSSIBLE ACTION REGARDING BOARD OF ADJUSTMENT RULES AND PROCEDURES Chairman Suozzi opened the floor for discussion regarding the draft summary of the recommended rules and procedures for the Board of Adjustment. Bryant Nodine, the Planning and Zoning Administrator, submitted suggestions to the Board for review. The following suggestions were made regarding: 1. Staff duties Bryant Nodine suggested that the Board continue to contact the Clerk's office regarding attendance and meeting schedule. Chairman Suozzi stated that the added language for this section for the rules and procedures should read as follows: "Make room arrangements, mail materials, take minutes, schedule meetings and contact the Board regarding attendance and meeting schedule." Member Swan asked if there was a primary contact person in the Planning and Zoning Department for the Board of Adjustment. Mr. Nodine explained that Dee Widero, the Senior Zoning Inspector,was the primary contact person for both the public and the Board. , 05/22/01 Minutes 2 Special Session Board of Adjustment Vice Chairman Adler suggested that the following modifications be made: • As a part of the staff report, any contact made between the staff and the applicant prior to the hearing are summarized in the staff report if it is germane or pertinent to the case. He explained that, as a part of the Planning and Zoning staff responsibility, discussion with the applicant regarding alternatives or approaches pertaining to their application should be summarized as part of the staff report. Ms. Widero agreed. • The applicant should coordinate all necessary materials that can be presented to the Board of Adjustment like at Town Council and Planning and Zoning meetings, and they should be suitable for overhead display. He explained that if an applicant comes before the Board with exhibits, and given enough notice, the applicant could make the transparencies so that the Board can view them all at once. He added that this would be consistent with other requirements. • The notification of all surrounding property owners within the 300 feet should be consistent with the Zoning Code,because the surrounding area could be more than 300 feet. • It would be helpful for the public testimony and the applicant if a laminated card were placed on the podium that identified the 5 Criteria. He explained that this would serve as a reminder to the witness that their testimony should be addressing the 5 Criteria and would facilitate the testimony. Discussion: Chairman Suozzi asked if these were practical suggestions that could be carried out by staff on a regular basis. Vice Chairman Adler stated that he considered the additional details for"applicant contact"to be a major issue. He said that if there are no objections, the modifications should be incorporated as a part of the Planning and Zoning responsibility or activity. Member Swan asked if the information contained in the packet included all communications with the applicant regarding the case. Ms. Widero replied"yes." Vice Chairman Adler explained that what he was looking for was any incidental contact of a substantial nature. When the applicant inquires about how he or she can get relief for a particular project, there could be contact between staff and the applicant concerning alternatives while seeking a variance. Therefore, he would like to know that the discussion had taken place and not repeat questions that had been addressed by staff. Ms. Widero agreed with Vice Chairman Adler. She explained that she believed what Vice Chairman Adler was asking for was direct information, such as, if specific questions were asked and what was the response. She explained that this information would be implemented and placed in the section of the staff report entitled, "Summary of Facts." 05/22/01 Minutes 3 Special Session Board of Adjustment Vice Chairman Adler explained that after discussing the current case with Ms. Widero over the phone, there had been contact with the applicant that was not summarized in the report. He explained that this was how the subject was brought to light. He explained that the suggestion was not a calamity,but to help create a more thorough staff report. Member Swan expressed that he was unsure where the responsibility should fall,but felt that it is the Board member's responsibility to form their own conclusions and ask questions that he or she believes would be relevant to the case. Member Done stated that the Board was not the Town Council. She explained that most of the applicants that appear before Council are large businesses that have the proper equipment to create transparencies. She explained that the modifications should be"soft peddled" if feasible,because the homeowners might be discouraged and intimidated by the requirements. Chairman Suozzi agreed. Member Swan asked if the Town would support the costs for the transparencies or would the applicant be expected to provide them. Vice Chairman Adler explained that the applicant should provide the necessary reports and materials to the Town that would be suitable for an overhead presentation. He stated that this was not a major expense. He explained that this would facilitate the Board to be able to look at an exhibit at the same time and allow the applicant to communicate more efficiently. Member Done stated that this would be a detriment for the ordinary person, therefore she could not vote in favor of making transparencies a requirement on the application. Mr. Nodine, Planning and Zoning Administrator recommended that the use of transparencies be encouraged because it would enable the Board to view specific documents at the same time. He explained that this would also prevent the applicant from approaching the dais. Members of the Board agreed that the applicant should be encouraged to use transparencies, if possible. 2. Board Duties Vice Chairman Adler explained that in the Board of Adjustment manual,page 7, it indicates that site tours would be arranged. He stated that as a procedure and subject to approval of the Chair, site tours should be arranged for the same reasons discussed regarding the use of transparencies. He explained that if all of the members go to the location and agree to what is being viewed,misinterpretation or misunderstandings might be avoided. He explained that he would like to add under Item 2 that the Chair arranges site tours when in his judgement it is appropriate to do so. . 05/22/01 Minutes 4 Special Session Board of Adjustment Member Swan suggested that before the Board entertained the modifications that the town attorney review it. Mr.Nodine explained that from previous discussions held with Mr. Dudley, the Town Attorney, it would be okay to have site tours, as long as the discussion was fact-based information. Member Swan felt that this could affect the opinion of a Board member and their interpretation of the site. Mr. Nodine agreed. Member Done stated that she personally felt that a lot of the backbone of the Board comes from the fact that they were all independent human beings with their own individual ideas. She explained that she would be uncomfortable attending a tour and avoid conversation that might corrupt the process. Therefore, she did not like the idea of viewing the property with the other Board members. Chairman Suozzi agreed. Chairman Suozzi stated that he liked the idea of being able to view a site on his own terms and stated that it could be difficult for staff to coordinate with the Board specific dates and time for a site tour. Therefore, he opposed having site tours. 3. The Applicant Mr. Nodine clarified that the material should be submitted within 15 working days prior to a meeting. There were no other changes to this item. 4. Board Meetings Vice Chairman Adler stated that he would prefer if the applicant were instructed that they would be allowed to answer specific questions from the Board and not be allowed to give a second presentation. He explained that the applicant typically does make a second presentation, which is repetitive and redundant. He explained that there should be an opportunity for the Board to ask questions of the applicant, and that their comments should be limited to those questions. He explained that this would facilitate getting the meeting on target and keeping it on target. Member Swan stated that the applicant should be given a fair opportunity to respond to questions from the public in a manner that they felt was appropriate. Member Done stated that any applicant that appears before the Board must feel as though he or she has had a fair opportunity to present and defend their case. Vice Chairman Adler stated that for, clarification, this was not his recommendation at all and would take a bit of an exception to that kind of interpretation. He stated that he was 05/22/01 Minutes 5 Special Session Board of Adjustment not in favor of telling someone what to say and how to say it. He explained that his point was that if the public was to raise questions or issues and if the applicant has raised questions and issues in his testimony, it seems that it would be the responsibility of the Board to ask for clarification of those issues from the applicant. Therefore, leaving the applicant ample opportunity to present their case. He explained that it was the responsibility of the Board to listen and sort out the issues that remain to be resolved, and address those issues to the applicant when the public testimony was over. He explained that this would facilitate the information, not restrain it or be unfair. Member Done asked for Vice Chairman Adler to repeat his recommendation. Vice Chairman Adler explained that following the testimony that the applicant would be called back to the podium to address specific issues and questions. He said that it was the responsibility of the Board to zero in on the remaining questions and issues so that the Board can make a proper decision. Recommendation: "Following specific testimony, the applicant is requested to approach the Board and answer specific questions from the Board." Member Swan disagreed and stated that he would not vote in favor of the recommendation. He explained that the applicant should have the latitude that was necessary to address specific questions from the public and the Board. Chairman Suozzi stated that the applicant should be allowed to defend his case and felt that the recommendation may not be necessary. Member Done pointed out that this would be a rebuttal of which did not appear in the document pertaining to rules and procedures as a consideration. She also pointed out that the new rules and new Board members that were unfamiliar with the Board of Adjustment procedure would primarily use the Procedures Guide. Mr. Nodine suggested using the following agenda itinerary: Board Of Adjustment Meeting Order 1. Call to order. 2. Roll Call. 3. Minutes. 4. Presentation for agenda items(s). 5. Petitioner/applicant presentation. 6. Questions/clarifications 7. Staff report. 8. Questions to staff by Board members. 9. Open public hearing 10. Ask for any applicant response/summation. 11. Close public hearing 12. Ask for Board questions/further information. 13. Ask for the pleasure of the Board on agenda item. 05/22/01 Minutes 6 Special Session Board of Adjustment 14. Planning & Zoning staff update. 15. Motion of adjournment Vice Chairman Adler suggested that the applicant questions be held until after the staff report. He explained that rather than the Board asking questions of the applicant, the Board would move immediately to the staff report. He explained that the questions could be asked of either the staff or the applicant so that all the questions from the Board are asked at once giving the applicant the first opportunity to present their case. This should be followed by the staff report, questions from the Board, public testimony, summation and so on. Member Swan disagreed and stated that it would be only fair that the applicants present their case first or have the staff report first, so that the public could hear the staff report first. He explained that the sequence should be the petitioner presents their case, followed by the public input. He stated that the format of the current agenda did not flow. Consensus: The Board agreed that Item 6 and Item 8 should be merged with Item 4 of the recommended rules and procedures draft summary. • Item 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. It would be helpful here to reference materials related to conflict of interest. The Department of Commerce has a good handout. • Item 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. 5. Selection and Composition of the Board of Adjustment Vice Chairman Adler explained that on page 14, in the Board of Adjustment Manual, that there was a suggestive evaluative process. He suggested that the Board consider using the evaluation process contained in the manual. Chairman Suozzi explained that the additional language for this item should read as follows: "An "objective" evaluation process of a board member's performance would be desirable and perhaps serve as a guideline for the Town Council and the Government Review Task Force, as recommended on page 14, Section 5 of the Board of Adjustment Manual." 05/22/01 Minutes 7 Special Session Board of Adjustment 6. Conflict of Interest Mr.Nodine reiterate that the "Conflict of Interest"recommendations would be more suitable if it was incorporated into the Board of Adjustment Manual rather than the Rules and Procedure Guide. The information contained in Item 6 of the"Draft Summary Recommended Rules and Procedures" for this item has been merged with Item 4. 7. Relationship with other Boards/Commission/Council Mr. Nodine reported that how the Board members present themselves and the actions of the Board to other official bodies of the Town or individuals of these bodies and the public,needs to be included in the rules and procedures. Vice Chairman Adler explained that at a previous meeting,Mr. Dudley offered the opinion that as a Board of Adjustment member, to present a Board of Adjustment decision to another commission or board that might be hearing the same case would be inappropriate. He explained that Mr. Dudley felt that it was inappropriate for a member of the board to appear before the Planning and Zoning Commission that was hearing a case involving, for example, a Conditional Use Permit. To present, as a member of the Board of Adjustment, how the Board concluded in a particular matter would be inappropriate. He stated that it should be expanded upon the fact that when there is a matter that is decided by the Board of Adjustment and conditions are added, the Board needs to be clear because the motion will have to speak for itself. Mr.Nodine explained that the problem with this particular issue was that, "a single person trying to represent a collective decision." He explained that the safest way to accomplish communication with other boards and commissions would be to provide the motions and the minutes. He further explained that the motion should be as clear as possible describing what the Board was trying to achieve. 8. Other Vice Chairman Adler explained that the item was on the Commission work plan to review expanding the radius of notification. Mr.Nodine reported that a letter of notification had been developed and was available for review and that the amendments to the Code for the notification procedure have been added to the Commission work plan. The information contained in Item 8 of the"Recommended Draft Summary Rules and Procedures" for this item has been merged with Item 4. 05/22/01 Minutes 8 Special Session Board of Adjustment 9. Swearing in the Applicant There were no comments or changes to this item. Member Done referenced page 3 of the Board of Adjustment Manual regarding "Officers", and read the following: "The Board of Adjustment shall elect a Chairman and Vice-Chairman from among its own members." She suggested that the procedure be date sensitive and that the Chairperson and Vice Chairperson election be held the seconded meeting of each fiscal year. MOTION: Member Swan moved to APPROVE the recommendations and corrections for the Draft Summary of the Rules and Procedures Guide. Vice Chairman Adler SECONDED the motion. Motion passed, 4-0. ADJOURNMENT Chairman Suozzi adjourned the special session meeting at 3:04 p.m. Resp tfully submitted, /(1 tiil in ersha, Secretary II RULES AND PROCEDURES MAY 22, 2001 BOARD OF ADJUSTMENT The following is a summary of the recommended rules and procedures for the Board of Adjustment: (as discussed at several special sessions and at the Board of Adjustment meeting of February 27, 2001 and May 22, 2001.) "Summary of Recommended Rules and Procedures for the Board of Adjustment". 1. Staff Duties: Clerk's Office • Make room arrangements, mail materials, take minutes, schedule meetings and contact the Board regarding attendance and schedule. Planning and Zoning Staff • Serves as primary contact for agenda issues, develops agenda and any revisions with direction of the chair. • Notify all surrounding property owners and be consistent with the Oro Valley Zoning Code. • Coordinate all necessary reports/materials/exhibits for the Board's consideration, presentation materials need to be suitable for overhead display. • Invite all necessary staff to the Board meetings. • Notify the Board by the 10th of each month, if a meeting will or will not be held. Board members are to notify staff of inability to attend a meeting. • All materials and agenda shall be distributed to the Board by staff at least one(1)week prior to the meeting date. • A laminated card should be place at the podium identifying the 5 Criteria. • Any contact made between the staff and the applicant prior to the hearing is summarized in the staff report if it is germane or pertinent to the case. 2. Board Duties: • As outlined in Article 1-7 of the Zoning Code and as specified in the Board of Adjustment manual. 3. The Applicant: • The application materials shall be submitted 15 working days prior to the meeting. • The burden of proof is on the applicant and he/she should address the 5 Criteria in writing on the application. • The applicant should provide all presentation material in a format that can be shown on the hearing rooms audio-visual media and at least 8 copies should be provided for the Board and the clerk and staff. The applicant should not be allowed to approach the dais to show and discuss items individually with Board members. • The applicant should submit in writing the fact that they are requesting a variance for more then one(1) issue, if applicable. 1 4. Board Meetings: • The Board should stay focused and only discuss agenda issues and not discuss issues directly with the applicant, (especially during individual site visits. Staff recommends there be no discussion with the applicant except for questions of fact; if there is it needs to be presented by the member at the meeting). • All questions and comments during the meeting shall go through the Chair. • During the meeting the applicant should have the first opportunity at presenting their case prior to the staff report. • Staff should identify each individual variance and all the issues involved. • It was agreed that the Board could give the applicant some direction and may state their reason(s)why they voted aye or nay. • Following specific testimony the applicant is requested to approach the Board and answer specific questions from the Board. • Board Of Adjustment Meeting Order 1. Call to order. 2. Roll Call. 3 Minutes. 4. Presentation of agenda items(s). 5. Petitioner/applicant presentation. 6. Questions/clarifications/ 7. Staff report. 8. Questions to staff by Board members. 9. Open public hearing 10. Ask for any applicant response/summation. 11. Close public hearing 12. Ask for Board questions/further information. 13. Ask for the pleasure of the Board on agenda item. 14. Planning & Zoning staff update. 15. Motion of adjournment. • Conflict of Interest issues should be declared up-front so that the Board member can be fair, objective, and impartial and should not be personally involved. (It would be helpful here to reference materials related to conflict of interest. The Department of Commerce has a good handout.) The Board of Adjustment Handbook provides guidance in this regard. • It was suggested that a more "personal"notification letter be mailed to encourage public 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. 5. Selection and Composition of the Board of Adjustment: • The Board shall be in accordance to the outline specified in Section 5,pages 11 and 12 of the Board of Adjustment Handbook "Desirable Attributes of Board Member." • An "objective" evaluation process of a board members performance would be desirable and perhaps serve as a guideline for the Town Council, as recommended on page 14, Section 5 of the Board of Adjustment Manual. • The process to replace or re-appoint Board members shall begin by May et for new terms that commence on July 1st. 2 6. Relationship with other Boards/Commission/Council: • It was agreed that the Board of Adjustment minutes or excerpts regarding issues should be distributed to the Boards, Commissions and Council by staff in a timely fashion. 7. 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". (Approved by the Board of Adjustment 05/22/01) 3 AFFIDAVIT OF PUBLIC AEE� STATE OF ARIZONA) JUL1 6 2001 _ :ss. li COUNTY OF PIMA ) BY: being first duly sworn, deposes and says that (he) (she) is the Legal Advertising Manager of THE DAILY TERRITORIAL, a daily newspaper printed and published in the County of Pima, State of Arizona, and of general circulation in the City of Tuc- son, County of Pima, State of Arizona and elsewhere, and the hereto attached iOV1 3--01.-05 PUB C NOT I CE was printed and published correctly in the regular and entire issue of said THE DALLY TERRITORIAL for issues; that was first made JULY on the day of 20 and they last publication thereof was made on the day of Y 20 ; that said publication was made on each of the following dates, to-wit: Request of TOWN or ORO VALLF.Y Daily Territorial By Subscribed an' sWOrh to before me his)./� 21day of OFFlCIAL S EAL NATALY KIANMANESH 20 Notary Public-State of Arizona {:h .JUiL.Y PIMA COUNTY My Comm.Fires April 15,2005 Notary Public in and for the County of Pima, State of Arizona My Commission Expires: NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY. , BOARD OF ADJUSTMENT accordance with Sec. 1-708 of the Valley Zoning Code Revised and zona Revised Statutes Sec. 9- TICE IS HEREBY GIVEN that the Valley Board of Adjustment will hold ,ublic hearing on Tuesday, July 24, )1,commencing at or after 3:00 p.m. meeting will be held at the Oro Val- Town Hall, 11000 N. La Canada ve and the subject matter will be as her described below: 10-01-05: MR. STEVEN CONLY RLOW, 11053 N. EAGLE CREST IVE, ORO VALLEY,AZ 85737, RE- EST FOR VARIANCE TO REDUCE E REQUIRED 5'REAR YARD SET- CK FOR ACCESSORY BUILDINGS 4', AND THE REQUIRED 10' BE- TEEN ACCESSORY BUILDING AND v1AIN BUILDING TO 8'. SUBJECT OPERTY: 11053 N.EAGLE CREST IVE,ORO VALLEY,AZ 85737.LOT 3 OF CANADA RIDGE SUBDIVI- )N. applicant requests to reduce the r yard setback from 5'to 4',also the uired distance between structures to n order to provide shade coverage n the afternoon sun. 3 plans are available for review dur- normal business hours at the Oro ley Town Hall,Community Develop- nt Building. Persons interested may )ear in person,by agent or attorney, I the petitioners must appear or be 'resented.Any person seeking further )rmation on this request for a var- ce may contact Dee Widero at 229- 12. inature REQ:Bryant M.Nodine,AICP inning and Zoning Administrator b:The Daily Territorial !y 9,2001 q:Town of Oro Valley ov10-01-05 em 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 24, 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: OV10-01-05: MR. STEVEN CONLY BARLOW, 11053 N. EAGLE CREST DRIVE, ORO VALLEY, AZ 85737, REQUEST FOR VARIANCE TO REDUCE THE REQUIRED 5' REAR YARD SETBACK FOR ACCESSORY BUIDINGS TO 4', AND THE REQUIRED 10' BETWEEN ACCESSORY BUILDING AND A MAIN BUILDING TO 8'. SUBJECT PROPERTY: 11053 N. EAGLE CREST DRIVE, ORO VALLEY,AZ 85737. LOT 539 OF CANADA RIDGE SUBDIVISION. The applicant requests to reduce the rear yard setback from 5' to 4', also the required distance between structures to 8' in order to provide shade coverage from the afternoon sun. 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. RE . ant M.Nodine,AICP Planning and Zoning Administrator Notice BOA OV 10-O 1-05 II -A I :1•T- •YI III r ir, _ ... Air 110 r • o 4al o o .` frZ t 4 �= C • .. 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"h :ts sss u =s sss ssssss s ass s r7 o. 7.1"i#,' TOWN OF ORO VALLEY ,� . - 11000 N. LA CANADA DR. --�.�..r. .. _.- ORO VALLEY,ARIZONA 85737 RETURN TO SENDER MIT DEL 1VERMLE AS R.DRESSEJ TLc$On AZ 071 9LANE LAURA ANNE D ©/E7 jE 600 N PANTANO RD#927 ckVIP 85710-0000Z JUL 2 0 2001 r• Us. „ ., .r A*tv'w r*44,7 r•YiI • ti M (( )) ii yy yy ��yy tt {{ ii yy 4 4.7 3. ; j !tl?#f}fi3i .ft??Fiyyf {} ?�?ft�f�tfififilf • - _• u 1`•'• 1 ltilllltftt pp ORO VALLEY PLANNING AND ZONING DIVISION BOARD OF ADJUSTMENT REPORT CASE NO: OV 10-01-05 Hearing Date: July 24, 2001 Agenda Item No.: 1 Prepared By: Dee Widero, Senior Zoning Inspector REQUEST: STEVEN CONLEY BARLOW, 11053 N. EAGLE CREST DRIVE, ORO VALLEY AZ 85737 (PARCEL #224245390). REQUESTS A VARIANCE TO REDUCE THE REQUIRED REAR YARD SETBACK FOR ACCESSORY BUILDING FROM 5' TO 4', ALSO THE REQUIRED 10' BETWEEN ACCESSORY BUILDING AND A MAIN BUILDING TO 8', FOR CANADA RIDGE SUBDIVISION,LOT 30. REQUEST SPECIFICS: The applicant requests to reduce the rear yard setback in an R-4 zoning district from 5' to 4', also the required distance between structures from 10' to 8' in order to provide shade coverage at the rear northwest portion of his home from the southwestern afternoon sun. SITE LOCATION: This site is located in Canada Ridge Subdivision. The site can be reached by traveling north on La Canada Drive to Naranja Drive turn west (left) go to the fourth street Eagle Crest Drive turn left (south), before the bend will be lot 30, 11053 N. Eagle Crest Drive, and posted with an Oro Valley Notice. 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. Mr. Barlow submitted with his request for variance a letter from the following surrounding neighbors Laura Lane lot 34, Sean and Valerie Patmore lot 31, and Penny Ulmer lot 28,which state they have no objection to the proposal or the encroachment. SITE ANALYSIS: Canada Ridge, is a 126-lot subdivision, it lies north of Canada Hills Village 19,west of Canada Hills Villages 17/18, east of Canada Hills parcel A (Catalina at Canada Hills) all of which are El Conquistador Planned Area Development. Directly across Naranja Drive to the north is Naranja Ranch I, zoned R-4. PLAN ANALYSIS: The applicant is proposing to construct a free standing detached shade cover in his rear yard. The structure if approved will be fourteen foot in length by ten feet wide and 10 feet high. A detached accessory structure must meet(per OVZCR section 7-103.E& Canada Ridge Plat—General.Note#7) a minimum distance of 10' between it and the main building. The proposed shade cover will be 8' from the main building. Also, as proposed, (see attached site plan)the rear yard setback will be reduced from the required 5' to 4' (per OVZCR section 13-102.C). SUMMARY: Staff finding of facts: • The special circumstances or conditions (refer to Assessor's Record Map) are due to the topography, and location of lot and homes surrounding (lot 30) the subject property. Lot 34 (parcel 543) the home sits forward leaving approximately 100' of open area to the rear of that parcel. Lot 28 (parcel 537) lies approximately 15' lower than lot 30, the owner of lot 28 will not have a view of Mr. Conley's addition, because he sits much lower than lot 30. • The applicant or owner did not create the special circumstance or conditions. • The authorizing of this variance request will allow the homeowner to enjoy his home, with the shade cover protecting his home from the effects of the afternoon sun. • The immediate surrounding homeowners have no objection this proposal. 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 OV10-01-05, a request to reduce the rear yard setback from the required 5' feet to 4' feet, and the required 10' between main building and accessory structure. OR 2 I move to approve OV 10-01-05 as submitted by the applicant with the following stipulations: 1. Staff would like to stipulate to the applicant that he must meet the 5' side yard setback to the north. OR I move to deny OV 10-01-05 finding that: (Board to state reason why the variance cannot be granted). ATTACHMENTS: 1. BOA application with narrative 2. Plat references 3. Code references 4. Site map 5. Adjacent homeowners letter of approval F:\ov\ovimooi\10-01-05\REPORT.doc 3 d P�IEY ono 9• TOWN OF ORO VALLEY PLANNING & ZONING DIVISION 11,000 N.LA CANADA DRIVE,ORO VALLEY AZ 85737 • Phone. (520)229-4800 Fax (520)742-1022 1-PreoCc. BOARD OF ADJUSTMENT APPLICATION J U N 0 5 2001 BY. FOR: Zoning Variance Zoning Interpretation Appeal of Administrative Decision CASE NO.: () - 0 1 -0 S NATURE OF REQUEST: I would like to build a free standing shade cover within the confounds of my back yard. 140 sq. feet. Fourteen feet in length by Ten feet width and Ten feet in heigth_ APPLICANT: Steven Conley Barlow PHONE/FAX: ( ADDRESS: 11053 N. Eagle Crest DR_ Oro Valley 85737 OWNER: Steven Conley Barlow ADDRESS: 11053 N. F g.l.P rrpst--nr_ Oro Valley 85737 PARCEL NUMBER: 224245190 PROPERTY LOCATION/ADDRESS: 11053 N. Eagle Crest Dr. Lot#030 LEGAL DESCRIPTION: Residential ACREAGE: 1 1 0 .0 ' x 5 5. 0 ' CURRENT ZONING: APPLICABLE FEE: 110 . 00 ATTACHMENTS: Dimensioned plot plan, Dimensioned floor plan,Adlecient property owner authorization, and Assessor ' s record. SIGNATURE OF APP CANT (AND ALSO PRINT NAME) DATE z) iA c1)4!Lz F/ 1�fyt �G?'�-� /U// ZG�� F:\ADMIN\FORMS\BOA.APP.doc 1 • SUPPLEMENTAL QUESTIONS FOR APPLICATION FOR A VARIANCE 1. Identify difficulties or problems that would result from complying with the present zoning requirements. The width of the yard, from the house to the back fence is only 20 ' 8", the zoning easement of Ten feet lies almost in the center of the yard, prohibiting me from providing maximum shade coverage from the SW Afternoon sun. 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.). Due to the narrowness of the yard ( 20 ' 6" ) and the remaining usable area being only that of 20"8" X 261'6" . 3. Identify and explain any peculiar conditions in the surrounding area, which would keep you from complying with the present zoning requirements. There are no conditiones in the surrounding are that would aid me in compliance with the requirements. 4. 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? Yes, parcel #54 connects with a common wall,with the house sitting far to the front leaving over 100 ' of open SW facing area. Parcel #537 also joining sits about 15 ' below. This makes this lot unusual only with these conditiones . B. Are there special circumstances that exist that was not self imposed or created by the owner/applicant? No conditiones exist that were self imposed. 2 • • C. Is the authorizing of the variance necessary for the preservation and enjoyment of substantial property rights? Yes, with the SW afternoon sun and the absence of shade cover sun has been penetrating directly into the master bed and bath area, making that living area very uncomfortable. D. If granted, will the variance impose such conditions as will assure that the authorizing of the adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located? Others withen Canada Ridge have erected shade covers they have larger lots and the covers provide nice relief from the sun. All of the adjacent owners haven given authorization to build the cover and feel as though it will provide them with some privacy as well. (Please see authorization Steet) E. If granted,will the variance be the minimum necessary to afford relief and will not materially affect the health, safety, and welfare of the neighborhood or surrounding properties. This is the very minimum and will provide a usable area to enjoy out of the sun. And in no way will effect the health, safty, and welfare of others ADDITIONAL INFORMATION: The most current available list of property owners from the Pima County Assessor's Office and the date such list was obtained. 15 copies of dimensioned plot plan, if applicable 15 copies of dimensioned floor plan,if applicable 15 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. 3 Thank you for the opportunity to present this case My name is Steven Barlow sole and original owner of the residential lot in mention in which I have lived for six years. I would like to Build a free standing-am*shade cover within the confounds of my back yard.For the sole porpoise of providing a usable,shaded area for my family and friends to enjoy,away from the afternoon and west facing sun.This shade covers measurements are 140 sq.Total',10'wigth and 14'in length and 10' in height, Consisting of:4" Steel square posts,4each incased by/8x8x8 gray cement Blocks stuccoes and painted to match the house,6x8 wood top frame,angled ply roof with tile to match the house. My lot has unique qualities like no other in the Canada Ridge subdivision. The rear portion of the house including the back yard connects three other properties, shared with a common wall.However the south properties common wall is over 12'in depth,The west property is quite large with an elongated open back yard running the length of my property.The north adjoining property lies about one foot higher. My back yards measurements are only 55' in length and 20'10"in width and faces directly into the southWestern sky. The House has a connected,built in cover constructed with the original building design on the south side leaving and area only 26".6'in length and 20".10' in width.This is the largest and only area in which a shade cover can be built.And without it the area would be subject to direct sun from about 12:00 noon till sunset,also direct sun penetration into the Master bed and bath area would exist without the shade the cover would cast as the sun falls. Considering the easements and restrictions: 5'from the rear wall, 5' from the north wall and 10'from the main building would only leave an area width of 5'10"in order to erect the shade cover. With the boards approval I wish to ask to impede upon those restrictions by only 5 feet. If approved,not only will my family be able to enjoy this small area,but will add value to the property,and substantially cool the whole area and a great deal of the back of the existing house,reducing cooling costs. I have explored all possible considerations with my adjoing property owners in regards to safty,quality and obstruction,and they all have authorized the building of the shade cover in writing. I have explored other options to gain shade to this area; A) Attached cover to the existing house. Result: a cover coming close to the easement would still subject the house to the afternoon Sun. B) A smaller shade cover. Result: a 5'10"wide cover would not be practicable or cosmetically attractive. C) Portable shade cover ie: Umbrellas,canopies etc. Result: Will not provide the"Most"amount of shade,value of dwelling,longevity. To the board members:I sincerely understand restrictions and the legal ramifications and adherence of the laws we establish for building codes,and if my back yard was 5'10"wider I would not be asking for this variance however I sincerely appreciate your consideration in this case. being that from the Rear fence to the house).Due to the variance restrictions I am only able to erect a shade cover in a 7' section lying in the middle of the NW area. An extremely small back yard provided when the Del Webb Co built the property. The Ten-Foot restriction,due to the size of the yard,would prevent me from providing a shaded cover in my yard. My neighbors have all authorized me to build the cover and would provide them with some privacy as well(Please see attachment) JUL 2 A 2001 / Y.rrrrrrrrrrrrrrrrrrrrr�r B r , J� 3 Q1 e 1 4 --- . / [ p 1 i al J \ ,, i ,., \ >'OW) \ ?p \ ‘ \ 1 , _ \_ gs ...\ \ 1 \ 1 1.9 i \ . ,\ . ' \\•.. i 9, t 5- 7.717 v4v el trLv9N t el V1-14 vg, 2Q.9t,s-N t /4:r .-uo i.,,?AV ,1&V? ,V - 2- ,Q i 1 M 1A 1 0 0'1 9 ^A-40 1 L 1 A'_,_�vad1.1.c• -2g7J i FROM :VOICETRAK 520-886-4997 1901,07-23 06:48 #492 P.02/02 11-17: 12.7:1 i t , I i I • i { . r I 1 / ' a , il . \ \\\- Ili /' \ 1 i ..7.... .,,,.._. / / . _ 4,0 1 6 1 '' '' .. ....'--- -- / / . , , • , , , \\\ \ . ..3" `\ Ii I/ NJ \ \ J 1 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 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. 4 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. 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. 5 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 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 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. 6 e 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. FEE SCHEDULE For applications or appeals involving construction of any nature, and which require legal advertising and posting of property affected,the fee shall be determined upon the total valuation of the improvements to be made, as follows: Developers Individuals To and including$5,000 $ 200.00 $ 110.00 Each additional $1,000 or fraction 20.00 10.00 Maximum fee 1,000.00 500.00 For application of a variance of an appeal not involving construction of any nature 200.00 100.00 For parking variance 200.00 100.00 For appeal of decision on home occupation N/A 100.00 For postponement of hearing after legal notices have be publicized 100.00 50.00 For applications or appeals which do not require legal notices or postings,the fees are: Developers Individuals For changes estimated to cost$5,000 or less 100.00 55.00 Each additional $1,000 of estimated cost 20.00 10.00 Maximum fee 500.00 250.00 7 CHAPTER 7 -MULTI-FAMILY RESIDENTIAL DISTRICT REGULATIONS ARTICLE 7-1 R-4 TOWNHOUSE RESIDENTIAL DISTRICT Sec.7-101 Purpose This district is intended to provide for relatively low density development having individual ownership and built-in privacy, either in the form of party wall construction or enclosed courtyards. Sec.7-102 Approvals Required A development plan and/or preliminary and final plats shall be submitted in accordance with Chapter 4. No structure or building shall be built or remodeled in the R-4 District until the Development Review Board and Town Council approval of landscaping, architecture, signs,etc. as applicable has been obtained as outlined in Article 3-3 hereof. Sec.7-103 Use Regulations A. Permitted Uses Buildings, structures or premises shall be used and buildings and structures shall hereafter be erected, altered or enlarged only for the following uses: 1. Single-family dwellings having either party walls or walled courtyards. 2. Community residences shall be permitted provided that: a. No such residence is located on a lot with a property line within 1,000 feet, measured in a straight line in any direction,of the lot line of another such community residence; and b. Such residence contains no more than 6 residents, or 8 residents, including staff; and c. Such residence is registered with,and is approved by, the Planning and Zoning Director as to compliance with the standards of this section; and d. Off-street parking is provided in accordance with Sec. 11-104A. 3. Accessory buildings and uses customarily incidental to the permitted uses, including private garages, home occupations,swimming pools and recreation buildings. 4. Temporary real estate sales office provided the following conditions are met: a. The office shall be located within a model home built in accordance with the zoning where such office is located. CHAPTER 7 MULTI-FAMILY RESIDENTIAL DISTRICT REGULATIONS D. Building Height 1. The building height shall be as determined by Development Review except that no building shall exceed 2 stories in height, and the exterior height shall not exceed 25 feet. 2. If the R-4 development abuts a single-family residential district or an alley abutting a single- family residential district, the Development Review Board or Town Council may limit the building height to 1 story. E. Distance Between Buildings There shall not be less than 10 feet between an accessory building and a main building or between 2 main buildings. F. Landscaping Requirements Those parts of a total subdivision not required for buildings, structures, loading and vehicular access ways, streets, parking and utility areas, pedestrian walks and hard-surfaced activity areas shall be landscaped. The desert in its natural state may be used and may be enhanced with indigenous, drought-tolerant plants. Landscaping shall be as specified in this article and in Article 13-4 and shall be approved by the Development Review Board and Town Council. G. Building Setback 1. Wherever an R-4 development abuts an R-l District or an alley abutting R-1 Districts, the following shall apply: a. A yard of not less than 30 feet shall be maintained for single-story structures. b. An additional depth of 10 feet shall be provided for each additional story. 2. Wherever an R-4 development abuts any district other than R-1, or abuts an alley adjacent to such other district,a yard not less than 10 feet in depth shall be maintained. 3. Larger yards may be required by the Development Review Board or Town Council if the existing or future development of the area around the site warrants such larger yards. 4. No building or part thereof shall be erected or altered in this district that is nearer a dedicated street or private street than 20 feet, except that the average setback from any dedicated street shall be at least 25 feet. 5. No more than 30% of the frontage dwelling units shall have living space above one story in height that is located within 50 feet of any dedicated street or as approved by the Development Review Board. H. Walls, Fences and Required Screening Oro Valley Zoning Code Revised (Rev.2/01) 7-3 CHAPTER 2 -DEFINITIONS ARTICLE 2-1. DEFINITIONS Sec.2-101 General For the purpose of this ordinance,certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural shall include the singular; the word "building" shall include the word "structure", the word "lot" shall include the word "plot"; the word "may" is permissive and the word "shall" is mandatory, further, the word "or" shall mean "either" and the word "and" shall mean "in conjunction with". Zone shall mean district. ANTENNA shall mean any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals. Any device, including DBS satellite dishes, used to receive signals from direct broadcast satellites (DBS); multi-channel multi-point distribution providers (MAIDS);and television broadcast stations(TVBS). ABANDONED SIGN: A sign shall be deemed abandoned when it pertains to a time or event which no longer exists or when the purpose for which the permit for the sign was approved has been fulfilled or no longer exists. ABUTTING shall mean the condition of two adjoining properties having a common property line or boundary including cases where 2 or more lots adjoining only a corner or corners, but not including cases where adjoining lots are separated by a street or alley. ACCESS OR ACCESS WAY shall mean the place,means or way by which pedestrians and vehicles shall have safe,adequate and usable ingress and egress to a property or use as required by this ordinance. ACCESS DRIVE means the drive on which vehicles are allowed ingress and egress from a site. ACCESS ROAD: a road within one mile of the grading site, designated on the approved grading plan, and used during grading, for the transport of grading equipment, hauling of fill and other equivalent traffic to and from the grading site. ACCESSORY BUILDING shall mean a building, the use of which is customarily incidental to that of a dominant use by the occupants of the main building or by their non-paying guests and employees. ACCESSORY USE shall mean a use customarily subordinate to the main use of the lot or building, which accessory use does not alter the principal use of the subject lot or building or adversely affect other properties in the district. ACRE shall mean a land area measuring 43,560 square feet. ADJACENT shall mean the condition of being near to or close to, but not necessarily having a common dividing line (e.g. two properties that are separated only by a street or alley shall be considered as adjacent to one another). CHAPTER 13- GENERAL PROVISIONS ARTICLE 13-1 ADDITIONAL REGULATIONS Sec. 13-101 Additional Provisions The provisions set forth in this chapter qualify or supplement, as the case may be, the regulations appearing elsewhere in this code. Sec. 13-102 Accessory Buildings A. No accessory building shall be constructed upon a lot unless the construction of the main building has actually commenced, and no accessory building shall be used for dwelling purposes other than by household employees working on the premises or relatives or other non-paying guests. B. No accessory building shall be permitted in a required front or side yard. C. Accessory buildings shall not be constructed closer than 5 feet to any rear lot line. D. Accessory buildings used as a garage or carport having access from an alley shall not be located closer than 15 feet to the center line of said alley. Sec. 13-103 Corner Lots: Special Limitations A. As an aid to freer, safe movement of vehicles at and near street intersections,and in order to promote more adequate protection for the safety of children, pedestrians, operators of vehicles and for proposed construction hereafter, there shall be limitations of the height of fences, walls, gateways, ornamental structures,hedges,shrubbery and other fixture construction and planting on corner lots in all districts where front yards are required. 1. Such barriers to clear unobstructed vision at corners of intersecting streets shall be limited to a height of not over two feet above the established elevation of the nearest street line for a distance of 25 feet along both the front and side lot lines measured from the point of intersection of the said intersecting lot lines. 2. Within the isosceles triangle formed as required in Subsection A.1 of this section, by connecting the ends of the respective 25 foot distances, all the fixtures, construction, hedges, shrubbery and other plantings shall be limited to a height not over 2 feet above the elevation of the street line level at the said intersecting streets. 3. Within the said triangle, and in cases where front yards are terraced, the ground elevation of such front yards shall not exceed 2 feet above the established street line elevation at the said intersecting streets. Estimate of Free Standing Patio Cover Including: Steel Posts Re-bar,ladders Labor Cement Lumber Miscl Hardware Mortar Tile Tools Under:2,000.00 • y =' I'1 `;, jo 05 2001 op,. .. EI • 0 K 41 PAGE -Apr 1,--.........L2. -, 1 !!!!!!!!!!.............i ....._....... , 4 ITom,Lire 1 , N4 1 i Iiiir xl it i NINI II i 1 I i . 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Z Z Z Z ri n '� v 30.86' SS.00' SS00' �.� � `,`� `� N 89-19-36 E _ co m S� 3S 00' 36.06' ' o` r, 104.79' "' 433 EAGLE CIESI PLACE 23L92' D'`.4 h N �• N 89-58-26 V �0 36192' _341,,_ (FORM. FLAG CURT) .� `(43.92' 53.00' 35.00' 33.00' 53.40' 4963' ---TrQ• � 4• ..� . : 1 I,701Sf 5530 L.,, (529 L 528 L., 1- � 1, CP W ti i `; O" , OA 4 ,, o $ - q 526 1 � X y�, 22 2 21 z 2 0 19 8 N 8 8 L 570s4 6,820st 6,8?osf.Z6,820sz 18 = 1 7 z 16 z 15 f. 6,820sf 6,819sf. 6,378s1. 9,3'16sf. 5.00' 5100' 1 55.00' 53.00' 33.00' 55.00' 5300' 11700' 13 N 89-58-26 V 1319.471F FiVll 172- I.P ZS' 12122 CANADA HILLS VILLAGE (f716CDR) BOOK 44 PAGE 8 0 M&P Ry of OF 10 22_ 4 _2- 5:57 CARD CARDS LAND CLASS IMP CLASS - - .. -.._- - - - - - - _— -- COMMERCIAL MODEL--APPLICATION - . - 401 402 403 404 405 406 407 408 409 410 410A 4108 411 412 413 417 PPHY. WALL PART. POSS.YEAR CLASS SUB.GRADE WALL HEAT COOL BSMT. FIRE CORD OBSOL MOD. KT. CONST. RT$. COL T. BLDG,_ SG. FTGE. TOTAL OF ADO ITEMS L NAME I DATE DRAWN. 1 _ ExT BATH PATIO PHr. _... _____ RESIDENTIAL ASS APPRAISAL SYSTEM SALE CLASS STORY ROOMS QUAL WALLS ROOF HEAT A.C. FIX PORCH COND. LIVING AREA N.Y POOL AREA SALE--l DAT "---=--I I ' 1 I I I I I I r i I I I r I I I r 1 1 i I I F ► T T T I I "III " 'r r I I I ' I I T 1 I I i r T r T r T r r r T T r I I T T I r I r I T T T I I' T r o � + l I i I I I ) I I I 1 ` 1 I I I 1 T 1 0 /Pro+ - . Uv,�, (i\ (\'"\c) h' z. 0 L. .., o :,,..,.:........ ._:.: 1 ..+ Y _ \\) p ,l� E. 3 / - cr1 t If _____K•• C. ___,- ----.L c.,, cat., \A --- .)a->— ) _. •. T-....,,,„,r. 7,-,,,„,-,c.:41r.:••''.,-7.,,..,;,:147.,'7.7.'-'.,- ';',":::...--4 : --; -- : .. ' ,,, CD .. ... -....... ,: 1,,,, i J. i. 1:_., r r ., y,.,...,,,,, ,... ,..:. .,:r C.._ , .. • .. • IN '•,,• rr-♦ "� '.., . ,r i! , . ^� w1 . ... /dam ) - ?.- 7 r r f ^ �V I _ i y 1 w _ Q il 4 :,...;:;-• :: ::::;::ix''''.'..L.7:4:-.! , 'fir _ t, :',. "�r f'•- . ‘41, tkl, \ \---'.. •�. �s. 1 r<Ir fi, ,7 i z r t> S�r/,/r , .. - t, ". P Ill ► illiri ; Iiii•IILILiILIII1.MITI ., T IIIIIIIL ; ►•IIL^Ti_i_lit. i.IttlitiliLIi . Llirrt_ 1rFi_. I rI . 1lrril , ADD ITEM CONST. . ROOF ROOF . YES N ITEM DESCRIPTION ITEM CODE DATE GRADE FDN,_ WALL_ FLCOR_ FORM. MATL. DIMENSIONS QUAN.OR SQ. FTGEX UNIT COST =FULL CASH VAL. x x 8 8 2 . x x 8 8 3 x x $ g __.. - - - - - - . . . ..- - --.._. - -------- --- /— --— — — __-- —— — 4 X X - - - -- .. 11. 5 --'I • x x 8 8 6 -• x x 8 8 _ 7 T x x I $ 8 t . - _ x x I . , __ ..__ • ASSESSOR ' S RECORD MAP . AREA—CQDE — . 224 24 CANADA 1a11 • , --/ - _ 2 L OTS 001 — 126 & C OMMON AREA A & B s j\juL D ETAIL 2 e7/j/2 / i SEE DETAIL 1 ,7—s= q -� _ 54 / / - - - - r' /..* 53 / / r 1 'i' T * N152 / I I 5 I L : IN (15 �,e,x / I I BY:.... ,�wwe�wirs�■ �J''• \ „/ I 37 I 38 39 I I 6 ■■m.u, a6, � ` I J • _ ipRM. HAMRDICK DR,)/ I N Q9-59-36 a�2j,''-oo MOONSHADOW STREET 114.00' L� l� 36s2. L•30.00' S 89-39-36 V 168,00' o • w93 cy . y- N 89-59-36 E /LL(N S �}. r } , ,,, a 33 .! T^ 114.00' VQ b C ',,` , .e a 7,.340s4 a W o 51 8 0 CID �sc, -32 '��' n AIL 6,270sf. ,a Lea 08'" M` N 89-59-36 E M, g+ N 89-59-36 Et 2 n 110.00' o ii: 114.00' ,5 1,)/5 ~ COMMON AREA "A" ® 0 32 Q ti 9 �� �- Zt Q ti ., ,L Z a 6,OSOsf. ® n t6 16' 41,10 6,270s1 I• a °� o N 89-59-36 E S I 1 �� , o- N 89-59-36 E W NATURAL OPEN SPACE 36 = w`�0 2 m g uoAo• 114.00' q 9,624sf. 31w� CY /1 ° 35 = 113590s/. 1 6'050s1� i9nZ 8 19 6 270sf,-kn , l S 89-58-26 E S 1 1,764sf. N 89-59-36 E E--dCf " N 89-59-36 E �j J 33.51' 26 SZ00 66.0,0 110.00.11p 53 nf�I u�.obr W J9, 9 F 0 30 b (/) sq f 'qoo 2s' b,050sf. „ ,� 0 1 1 1 0 (/) 4 j�J F 1� 24 •' N 89-59-$6 E 200.00' in ® � o U n ® 6,270s/. n C W 9,067s/. 25 3g2j 35' 5500' 114.44' N 89-59-36 E N 1�, 6 d W 20' SS.00' 55.00' 70.00' a 1Ii.0' b �`-� • 4 N �, 8,609sf 26 27 28 29 0 12 0 - 7,416sf. 7,146sf 7,148sf 8,856sf. ,n ® 6,270sf. n a ® � o� I'', W W W N 89-59-36 E o IZ, 16 16- 1 z . 1 `�39 :11 9' ; 9' N i' �j m 6 • 114.Oa1,3 0 40 9Y. o. 35 a °'agN �' c. 4 . b • p'Z;e `3J 4 '� �� q °�` o 539 2 a�,� 6,175sf.o n W N yh O o G y®o 'V ® h u n N 89-39-36 E _ o I cry< v 30.86' 55.00' 5500' 55.00' 36.06' o-y�hn c1 T m 104.79' o l• �YQ sal ' 4./, 33'4 T (FORM. FLAG COURT) 14 N 89-58-26 V �0 363 92' . ��,'iOcs : b a�33.92' 53,0' 55.00' 55.00' 55.00' 49.63' R' 4'L�� Z 11,701 sf ? b + :'0`` �epA, f,,(.3964' L . 64 2r b Wgla, 410 ® P. �� N W iiil � W • W C L+ v,— all, ts-MP' .1- *8 al-7 — 21 a R 1 z2)4;W W ti e 5 ,,3 ,,... cr, „. $ ; i g 8 = � = g = 8 g &- i1 . .L Z 23 z 22 z 21 z 20 = 19 = 18 = 17 z 16 = 15 7,202sf. 6,670sf. 6,820sf. 6,820sf 6,820sf. 6,820sf. 6,819sf. 6,378s f. 9,346sf .......4\ 23L62' 5500' 55.00' 55.00' 55.00' 33.00' 55.00' 55.00' S3A0' u700' 131 SEE BOOK 44 PAGE 089 M&P N 89-58-26 V N 89-58-26 V 1319.47sf 1994-1 FNlt 1/2't.2 LS 12122 S10,T12S,R13E (1/16 Ca ) CANADA HILLS VILLAGE \MP44\44089_02—06/21/93 e-,i. BOOK 44, PAGE 80 M&P 0 40 80 120 160 . FEET r T7 1-----"sP"--7-1 7,,,:ji'M 1 04/06/2001 : J U N 05 2001 From: Steven C.Barlow 11053 N.Eagle Crest Dr. Oro Valley,Az. 85737 Lot#30 To: Adjacent Home Owners Laura Lane Lot#34 Subject: Steve Barlow's Back yard landscaping. I have read Steve Barlow's Backyard Landscaping proposal,and have viewed the Diagram presented and have No objection to the completion of hi pack yard. , Laura Lane iliM,.,. o PO`- AO/ Vff iip Sean and Valerie Patmore MA I .' r /i��� MOM Penny Ulmer / 4 AM( 'At Thank you for your consideration and authorizaPn in this matter. Sincerel Steven C.Barlow AGENDA ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION ORO VALLEY TOWN HALL COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE J U LY 24,2001 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 Special Session Minutes, Rules and Procedures for the Board of Adjustment and Regular Session Minutes of May 22,2001. 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. Case No. OV10-01-05-Mr.Steven Conley requests a variance to reduce the required rear yard setback for an accessory structure from 5 feet to 4 feet, and to reduce the required 10 feet between the structure and main building. Subject property is located in the Canada Ridge Subdivision,11789 N. Eagle Crest Drive,lot 30,Oro Valley,Arizona 85737. 2. Case No. OV10-01-07 - Robert C. Anderson D.C. (Anderson Chiropractic) requests a variance to relocate an existing approved entrance sign,with a reduction from the required 5 feet setback from the lot line to a zero (0 feet)front yard setback. Subject property is located at 8700 N.Oracle Road,Oro Valley,Arizona 85737. 3. Case No. OV10-01-06 - Jeffrey and Pamela Nunn, are appealing the decision of the Planning and Zoning Administrator of May 17, 2001, which permitted the issuance of a building permit without the Development Review Board approval,for lot 17 of Tangerine Heights Subdivision.The subject property is located at 12300 N.Tall Grass Drive,Oro Valley,Arizona 85737. 4. Consideration and Discussion regarding the Board of Adjustment Primer; Criteria vs. Standards; Desirable Motion 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:07/18/2001 Time:4:30 p.m.