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HomeMy WebLinkAboutOV100602 ORO VALLEY PLANNING AND ZONING DIVISION BOARD OF ADJUSTMENT REPORT CASE NO: OV 10-06-02 Hearing Date: March 28, 2006 Agenda Item No.: 1 Prepared By: Dee Widero, Senior Zoning Inspector REQUEST: George Holguin representing James & Marjorie Dehlinger, request for a variance to encroach into the required 15' side yard setback for a R1-36 zone, in Shadow Mountain Estates subdivision, lot 101. Subject property: (Parcel 225- 11-1330) 131 W. Rolling Hills Street, Oro Valley,AZ 85737. REQUEST SPECIFICS: James Dehlinger is requesting to encroach 3 feet into the east side yard setback, reducing it from the required 15' to 12', to add a two-car garage to the existing home. SITE LOCATION: This site is located in the Shadow Mountain Estates subdivision. The site is southwest of Oracle Road and Calle Concordia off of Shadow Mountain. 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, we have the received a letter from Mike and Jan Wilson (attached). Staff has also heard from Curtis Gregory, owner of the home directly to the west, Mr. Jon Sjogren and Ms.Nancy O'Connor all in support of the request. Staff has not received any public comment in opposition to the request. EXISTING LAND USE AND ZONING: On-site Existing home-zoned R1-36 North: Calle Concordia—CDO High School and James Kriegh Park South: Hardy Road—Rancho Feliz—zoned R-36 East: Suntree Village Apartments and Vista Del Oro Townhouses—zoned R-4 West: Northern Avenue—Campo Bello—zoned R1-144 SITE ANALYSIS: Shadow Mountain Estates is 154-lot subdivision, Pima County recorded this subdivision in 1959, zoned as CR-1. This portion of Shadow Mountain Estates is a part of the original incorporation of Oro Valley in 1974, the remainder of the subdivision was annexed in 1979. In 1981 the Town adopted our current zoning(OVZCR), this subdivision is zoned R1-36. Subject property is a 36,000 square foot; rectangular shape; a fairly flat lot with a 4' terraced slope down from the west property line, as well as a 20' utility easement. The existing development on this lot, consists of the existing home, a private walled yard with pool and two detached accessory structures to the rear of the property (one has approval, the other meets setbacks, is under 200 sq. ft. and does not require a permit). The original carport was enclosed in 2001,to create a 343 square foot hobby room. SUMMARY: Staff finding of facts: • The home was built in 1959; the applicant purchased it in 2002. • The existing home is approximately 2200 sq. ft.; the proposed addition is 704 sq. ft. • There is a 20' utility easement running along the west property line, as well as the 4' slope. • The proposed addition will match architecturally to the existing home. • This addition should not pose any other zoning issues. 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: 2 SUGGESTED MOTION: The Board may wish to consider the following motions: I move to [approve, approve with conditions, or deny] OV 10-06-02, a request to encroach into the required 15' side yard setback by 3' at 131 W. Rolling Hills. ATTACHMENTS: 1. BOA application 2. Location map 3. Site plan 4. Plat map F:\OV\OV i 0\2006\10-06-02\REPORT.doc 3 oQO;P�LEY AR/2��� TOWN OF ORO VALLEY c,1ts PLANNING& ZONING DIVISION : 11,000 N.LA CANADA DRIVE, ORO VALLEY AZ 85 737 A Phone: (520)229-4800 Fax: (520) 742-1022 OONOE091 BOARD OF ADJUSTMENT APPLICATION FOR: Zoning Variance Note: Submittals are due by noon Zoning Interpretation Appeal of Administrative Decision CASE NO.: ,e (,/ / -=0 '— NATURE OF REQUEST: IC) r Izi APPLICANT: Svc."=t . i k J PHONE: �j L 4.3c5c) FAX: -r 4s4 ADDRESS: I I ,GAO . Uf 62prv.ks. 6 O42 \To( , AT OWNER: joi: ---Ast A LJa b VL. • ADDRESS: & I C o VeDU J &)( 4l U_43 t — 1 � yau---,--(f PROPERTY LOCATION FOR VARIANCE REQUEST: ( k- A PARCEL#: 'Z;23 I t t. 3 ) LEGAL DESCRIPTION: (LT V��;(- 7 ,iwAiKaz., 5 CURRENT ZONING: E APPLICABLE FEE: ATTACHMENTS: SIGNATURE OF APPLICANT (ALSO PRINT NAME) DATE • rizi3 ir? 3 20116 I SUPPLEMENTAL QUESTIONS FOR APPLICATION FOR A VARIANCE Please provide the following information addressing 1 — 5 in the Findings from Section 21.6 I of the Oro Valley Zoning Code Revised(OVZCR). In order to authorize a variance request, the Board will be searching for sufficient evidence in accordance with the findings. 1. 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? r---X(cA7 ?.( -Mkt ce);3 2. Are there special circumstances that exist that are not self imposed or created by the owner/applicant? )►tall% 6261 1 -L -(1 ‘-taI L -6 � �='ec C) -TAM rkt/i 3. Is the authorizing of the variance necessary for the preservation and enjoyment of substantial property rights? 4. 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? . ) 5. 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. to - k's" AR 2 AWN OF ORO VALL. Y PLANNING DEPARTMENT 11000 N.LA CANADA DRIVE ORO VALLEY,AZ 85737 PHONE: 229-4800 FAX: 742-1022 RECEIPT ****************************************************************************** REFERENCE NUMBER: OV1006-002 RECEIPT #06P00084 SITE ADDRESS: 131 W ROLLING HILLS ST OV TAXCODE: 225-11-1330 DATE: 02/23/2006 TIME: 11:21 AM COMP TYPE: BOA TYPE: ZV DESCRIPTION: DEHUNAGR-VARIANCE FOR SIDE YARD SETBACK APPLICANT: GEORGE HOLGUIN OWNER: DEHLINGER JAMES A&MARJORIE MARILYN TR Notation: VARIANCE SIDE YARD SETBACK Receipt By: DEW ******************************************************************************************* DEW PAID BY: Type Method Description Amount Payment Check 3939 150 . 00 TOTAL: 15 0.0 0 FEES PAID: Description Account Code Current Pmts BOA INDIVIDUAL FEE ITEM 001-000-408 150.00 TOTAL: 15 0.0 0 Account#: Ending Balance: $ DESERT IMAGES CONSTRUCTION LICENSE NO. ROC184120 11,100 E.SUNDANCE DRIVE TUCSON,AZ 85749 PH:520-751-4355 FAX:520-751-4354 adcwest@theriver.com February 23,2006 TO WHOM IT MAY CONCERN: REGARDING THE PROPOSED VARIANCE FOR THE DEHLINGER RESIDENCE PLEASE BE ADVISED THAT THERE WOULD BE ADDITIONAL COSTS IF HAVING TO LOCATE THE PROPOSED GARAGE AT THE WESTERLY END OF THE EXISTING STRUCTURE DUE TO THE REQUIREMENT OF RETAINING WALLS AND ADDITIONAL GRADING. THE COST FOR THIS ADDITIONAL WORK IS ESTIMATED AT$ 18,600. Sin , 02/20/06 TO: TOWN OF ORO VALLEY BOARD OF ADJUSTMENT C/O PLANNING AND ZONING DIVISION 11,000 N.LA CANADA DRIVE ORO VALLEY,AZ 85737 RE:PROPOSED APPLICATION FOR WAIVER OF SIDE-YARD SETBACK,FOR DEHLINGER RESIDENCE, #131,WEST ROLLING HILLS ST.,ORO VALLEY,AZ. TO WHOM IT MAY CONCERN: BE ADVISED THAT WE ARE THE NEIGHBORS/OWNERS AT# 111 WEST ROLLING HILLS ST.,ORO VALLEY, ARIZONA, WHICH IS THE ADJACENT PARCEL TO THE REFERENCED PROJECT. WE SHARE THE COMMON LINE IN QUESTION WITH#131 WEST ROLLING HILLS ST. WE HAVE NO OBJECTION TO THE BOARD OF ADJUSTMENT GRANTING SAID WAIVER OF UP TO 4' INTO THE SPECIFIED 15' SIDE-YARD SETBACK AS PRESCRIBED BY CURRENT CODES. WE ARE IN SUPPORT OF THE REQUESTED APPLICATION. SINCERELY, ‘`,76- 11AJ ffiLea tom' fl Ea ADDITIONAL INFORMATION: 15 copies of l 1x17 dimensioned plot plan, if applicable 15 copies of 1 1x17 dimensioned floor plan, if applicable 15 copies of 11 x 17 building elevations,if applicable Provide an estimate of the incremental cost of the change in, or additions to, the property, such estimated cost to be endorsed as accurate by a licensed contractor or engineer. Any additional comments/information you wish to provide regarding your request. BOARD OF ADJUSTMENT APPLICATION FEES For applications or appeals involving construction of any nature, which require legal advertising and posting of property affected, the fees are, as follows: Variance or Appeal of Decision (1 item; 1 lot) Corporate $600.00 Variance of Appeal of Decision (1 item; 1 lot) Individual $150.00 Fees for each additional,simultaneous variance or appeal $100.00 3 Section 21. 6 Board of Adjustment A. 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. Zoninca Code/Oro Valley AZ May 2005 9 CHAPTER 21:REVIEW AND DECISION-MAKING BODIES Section 21.6 Board of Adjustment B. Powers and Duties 1. Interpretation The Board of Adjustment shall interpret this Code on appeal when: a. There is a dispute between the appellant and the Planning and Zoning Administrator or other Town Official as to a decision or interpretation as set forth in Section 21.6.F;or b. The location of a zoning district is in doubt. 2. Variances The Board of Adjustment may allow variances from the provisions of this Code in accordance with Section 21.6.1, Findings. C. 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. D. Composition 1. Appointment The Board of Adjustment shall be composed of 5 members appointed by the Town Council. 2. Terms Appointments are for staggered terms of 2 years each with no limit on the number of terms. 3. Vacancies Vacancies shall be filled for the un-expired portion of that term within a reasonable time period as provided for by appointments of the Town Council. 10 May 2005 Zoning Code/Oro Valley AZ CHAPTER 21: REVIEW AND DECISION-MAKING BODIES Section 21.6 Board of Adjustment 4. Removal The Town Council has the authority to remove, by majority vote, any member for neglect of duty, inefficiency, or misconduct in office. E. Transaction of Business 1. 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. 2. 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. F. 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. 1. 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. 2. 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. G. Application for Variances 1. Application for a variance of zoning regulations shall be made to the Board of Adjustment in the form of a written application. Said Zoning Code/Oro Valley AZ May 2005 11 CHAPTER 21: REVIEW AND DECISION-MAKING BODIES Section 21.6 Board of Adjustment application shall be filed with the Town Clerk upon forms provided by the Board of Adjustment. H. 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. Findings A variance from the provisions of this Code shall not be authorized unless the Board shall find upon sufficient evidence: 1. 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 2. That special circumstances were not created by the owner or applicant; and 3. That the authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights; and 4. 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 5. 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. • J. 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 12 May 2005 Zoning Code/Oro Valley AZ CHAPTER 21: REVIEW AND DECISION-MAKING BODIES Section 21.7 Appeal Hearing Officer be valid. Violation of any such condition shall be a violation of this ordinance and such violation shall render the variance null and void. K. Review 1. 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. Lot Information Window Page 1 of 1 Lot Information Request Results Parcel Number:225111330 For more detailed information regarding this parcel,please click here. Street Address: 131 W ROLLING HILLS ST OV Current Mailing Address: 4,4 liAr 4' 4, DEHLINGER JAMES A& MARJORIE MARILYN TR 131 W ROLLING HILLS > 4 TUCSON AZ 857370000 t�.t Legal Information: OV 44. ,t."`'` ori SHADOW MOUNTAIN ESTATES LOT 101 Subdivion Plat Book and Page:: 13075 View Subdivion Plat from Pima County Flood Plain Information: Lot Not in Flood Plain Disclaimer:This information should be verified by the Oro Valley Zoning Department.The Town of Oro Valley expressivly disclaims responsiblity for damages or liability that may arise from the use of this map. w ROLLING HILLS ST Oro Valley Zoning Code:R1-36 Zoning Code Explanation:Single Family Residential 1.2 RAC Conditions: No Conditions found on this Lot General Plan Designation: Descrptions for General Plan Designations are currently unavailable.Please refer to the General plan web site. —W MCA DOWBROOK Dot-�_ ��, This location is located in the Amphitheater Public School District.For more information on which schools are available in the area,please visit the Amphitheatre School District Website. JptlEy pR oQoa# ▪o1• ,7 The map/data on the Oro Valley Mapping site is not meant to be used as an official or legal interpretation of Oro Valley features and 442, no expressed or implied warranty is made regarding their accuracy.While every effort has been made to ensure the accuracy, correctness and timeliness of these materials,Oro Valley assumes no responsibility for errors or omissions.For more information regading the information displayed on your screen,please contact the Planning&Zoning Department at(520)229-4800 or visit us at p°t7NDE 9 N 11000 N La Canada Drive,Oro Valley Arizona 85737. fps/ httn://gis/asnsites/nlanner/nsearch2_acn?AT)T)R=111+W+R OT.T.TNG+TT.T.SRrRR=S>>hmit nl/n4/'nn( o - 0 ,...., • . . 0 0 0 . .0 , .a - r\..).•. .•.-• .... 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N , FEB ' 3 2006 W.ROLLING HILLS gi morosen GARAGE r , .... , _ , .... „.... , =II i MIN MB 1 NM I I .... , ... Mai MM. ..... ..... al Cb 1 I 4 g I41.211' I A;q`- 74'2"EXISItNG RESIDENCE I I �� rr "---T I i 1 tp, illI II II \ .---._... ..„---ii ) i �� I L Dt�t2M*+3 11 r I vasTtw vIIIIVIrUY--�'��- PIIIORINTM I r I 7l II LAUUTE-Yam/ I 5IDEYARfl WA1\M I -- !MI _ 1319I2M* 2 I II re J..REQUESTED Ir; I O.... : Ili , ,..,,,-00/wI 4 .__ _..11 1 , 1 0 •�i' I��� I I KIrcH =_.__ 1 g ''',., 1 i 4 1 INn�r a YNN, I 5 �—___— — - - — - - - I.' - It I I f...) Tr -•,I il u = _A I r. I I O; I1T i I i � X151'ING 12R51n � 1\11C L ILY Ii r"w �� r _ I I I 1 JL- - ItOLLt FItLLi t M5112 DnI2M I— �r LIVING 12M I j �! U I FOY>;I2 °ir J ! IL I I - - — — J 1 _ I, _ �3 �3- - -9 —E- - - . F- - -1 i w 1 ...._.c6. ., .. 7 ,, . : 3 CD Cf 22'• IL-OOI2 PLAN 1 _.....) �yl 10 0 • w roar ROLLQINS NO S SU3D®g'l'O®N Q ag CIO VALLEY,A 0 C] I , I M IPI20f'05EI7 GN2Ple i i 0 gf EwSTING 0 •REQLE5TE0 12'SEIDPGK LINE I I 1 "\\ I I U1 O I I'I20I'EI2fY I I 1 1 wnl.vrw�ersrcK pl,opE i CD d Q &D LAM IZrY I LINE I I I UNE 1 HCD .=, 1 al2. a I0 00ERIRIlI II ll 1 I I I I pp — L I 15'SE7DPGK LANE I r--"ftNag's*''......„,........................_ I M14PROPO519 5112��1'�L-�VA11ONiI6"-I'o' I �, “. I 5IT PLAN /16" - l'0" 0 - � �h l'"4‘ '1 ® IU ` ,h _11 of PROPOSED SIDEYARD sEroAar WAIVED APPLICATION „ ; �iyAkl- sheaf1 of�,\ : 4401 /�, BA-1 NOTICE COPYRIGHT: THESE PLANS ARE COPYRIGHTED AND ARE SUBJECT TO COPYWRIGHT PROTECTION AS AN 'ARCHITECTURAL WORK' UNDER SEC. 102 OF THE COPYRIGHT ACT, 17 U.S.O. AS AMENDED DECEMBER 1990 AND KNOWN AS ARCHITECTURAL WORKS COPYRIGHT PROTECTION ACT OF 1990. THE PROTECTION INCLUDES BUT IS NOT UNITED TO THE OVERALL FORM AS WELL AS THE ARRANGEMENT AND COMPOSITION OF SPACES AND ELEMENTS OF THE DESIGN. UNDER SUCH PROTECTION, UNAUTHORIZED USE OF THESE PLANS, WORK OR DESIGN REPRESENTED. CAN LEGALLY RESULT IN THE CESSATION OF CONSTRUCTION OR BUILDINGS BEING SEIZED AND/OR MONETARY COMPENSATION TO ADCwest. LLC. . . . . . . W. ROLLING HILLS 141.29' A �'R0f'eRTY I Ne \exisnNs DRIYeY41`---J' —J 5 I i,!YARI, NAIVE { REQUEST! / ENTRY COURTYARD s' 7 r/ 1,2. 1 iXI OT I Nap I Pt MO- 31 UMW' I MOLL.I Nap I-41 LLe ®!®tGlmC� if I {. _ , IS' J i. ii i eU IN6 SETBACK a' LI. \. n In' QoTWi .....-----9 ROLLING 16WLLLS SUIDDUMSION 1 r.; . OM PfAZEY, AZ p i i i BUILDING SETBACK It :'... f LINE ) , i 160' 5Ifl PLAN 3/ 16" — 1 '0" 0 ,"0.7 crrzcz ADDITION ,4T EAST SIDE ,_!ifil \I ll ! T . IST; • DOES NOT PRESENT 4 - ` MAJOR VISUAL. IMPACT M#, t,,; „Q1; HARDSHIP INVOLVED IN ORDER TO JgRM.. ? PeN ," CONSTRUCT ADDITION TO WEST SIDE TO NEIGHBOR AT EAST , , SIDE O PARCEL. KIT-CH i OP LOT WOULD INVOLVE MA F� ..' l'ir "' ' " MAJOR DISTUR ,4NCE Li TO NATURAL TOPOGRAPHY AND PRESENT ! it- li � xISfING Ri' S1D� NCE �R r LARGE SC,4LE VISUAL I1'' IP,4 T TO NEIGHBOR PAM;:.v ,, _ '4T WEST SIDE. / MS TZ DdRM r LIV NG aM 1 OtLRj i r N ': ____.....\ __....._ is T , - ----I -1 ....^""--'.- ."--'- ..—.--- .-""-'..... / / 72\ FLOOR PLAN • ------ 7 PROPOSED LOC4T I ON WEST SIDE LOC ION \ 1 P'.°1 / ewS71A1 / \ #Q�"TO'7'TTPACK un Pt20r'ERT1 L!N i 1 C � �H p1�F''EIe(y» ' L'-. \ \ ...........,.... ._......., / ii 0 0 0 1-1,90 i k / LI L.._ op m CO I 1 PFO'OSEn 5Tr �-r N.EVATION I ' 6 -1° !WIMIMMILor \ \ / / N // 4 NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY BOARD OF ADJUSTMENT In accordance with Sec. 21.6.H 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 28, 2006, 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: OV10-06-02: George Holguin representing Mr. Dehlinger, request for variance to encroach by 2', into the side yard setback of 15' required for R-36 zone. Subject property: (parcel #225-11-1330) located at 131 W. Rolling Hills Street, Oro Valley,AZ, 85737. Site plans are available for review during normal business hours at the Oro Valley Town Hall, Development Service Center. Persons interested may appear in person, by agent or attorney, and the petitioners must appear or be represented. Any person seeking further information on this request for a variance may contact Dee Widero 229-4812 or e-mail: dwidero@orovalley.net. Q: Sarah More, POSTED: 3-9-06 Planning and Zoning Administrator by: drm time: 4:30 p.m. NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY BOARD OF ADJUSTMENT In accordance with Sec.21.6.H 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 28,2006,commencing at or after 3:00 p.m.The meeting will be held at the Oro Valley Town Hall,11000 N.La Cafiada Drive and the subject matter will be as further described below: George Holguin representing Mr. Dehlinger, request for variance to encroach by 2', into the side yard setback of 15' required for R-36 zone. Subject property: (parcel#225-11-1330) located at 131 W.Rolling Hills Street,Oro Valley,AZ,85737. Site plans are available for review during normal business hours at the Oro Valley Town Hall, Development Service Center. Persons interested may appear in person,by agent or attorney,and the petitioners must appear or be represented. Any person seeking further information on this request for a variance may contact Dee Widero 229-4812 or e-mail:dwidero@orovalley.net. NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY BOARD OF ADJUSTMENT In accordance with Sec. 21.6.H 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 28,2006,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: George Holguin representing Mr. Dehlinger, request for variance to encroach by 2', into the side yard setback of 15' required for R-36 zone. Subject property: (parcel#225-11-1330) located at 131 W.Rolling Hills Street,Oro Valley,AZ,85737. Site plans are available for review during normal business hours at the Oro Valley Town Hall, Development Service Center. Persons interested may appear in person,by agent or attorney,and the petitioners must appear or be represented. Any person seeking further information on this request for a variance may contact Dee Widero 229-4812 or e-mail:dwidero@orovalley.net. Town of Oro Valley 11000 North La Canada DrivI�.C:S ;3G . 857 3 4,. ,1,,,,,,,�� , , Oro Valley, AZ 85737 �' �*�, 0G 7343 MAR 1, -cilLi�, #1 lit MAILED FROM ZIP CODE 85737 225111500 Di 1,iVi RABL AS A JONES KYLE&ALANA CP/RS 11��;��.I3I,E .LO FORV��`,, 3007 W YORKSHIRE , RECEPTACLE PTACLE TUCSON AZ ❑ NO MAIL, i� 85742-0000 ❑ NO SUCII NUMCBC,IZ/STREET E] REFUSED 0 VACANT 0 til', ..1_,AiiViED 0 INSUFFICIENT ADDRESS , -�,t, ,. .) 0 �TTF, ) APT/UN 1- K- ._ Via_ 0 NFF.I) CO;+ RAC ?;r r' 1.-- f11i17111111,,illi t ifilliiillfilillillilillifililiiiilifii > (___, I > r r m 0 0 N // ' Ca Concor lita �N. ,-.iiimierffilli ../Iiiir4411IIPpr, UIIW, iIIuIIIM 11111111111 . '114711Ill_VIIII17, r ORM Mill 11//41isily mir lull,,,„ Si 1111111/1147.4,111. iiip41;.c.k, Asa A ttizi li . 4111111010, ilt 44/ 41)k ii gi;plipiiiy• IINI ri...41 ....!_ , it, .._,./, _ , ., 4., . ,, ..., ...-, .,,,,;_.,i ,,,,, _.,,„ ,,. .... ''''' iiiiiiialliT H• a ILI ,+, CI ., 4* i 1 1*{' NE alit 1 ,....4 Wj1and/__ 1 (,) 1 _____-- \\\ Ai Elm 0* , ,.. 0 , , c,_ii 4, all''Ilk/11' ,,,,,,,,,I, . ., 14041.4....,. _ 1.._, .. AGENDA ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION MARCH 28,2006 ORO VALLEY TOWN HALL COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE CALL TO ORDER: at or after 3:00 p.m. ROLL CALL AT THE CALL OF THE CHAIR,THE AGENDA ITEMS MAY BE TAKEN IN ANY ORDER, AS DEEMED APPROPRIATE. PUBLIC HEARINGS: 1. CASE NO. OV10-06-02: George Holguin representing Mr. Dehlinger, request for a variance to encroach by 3', into the required side yard setback of 15',for R1-36 zone. At 131 W. Rolling Hills Street(parcel 225-11-1330). 2. CASE NO. OV10-06-01: Victor Bolduc, Sayler-Brown Lara Architects, request a Reconsideration to their request for a variance from section 23.4 table 23.2.B,to allow a 34' building height. At 8950 N.Oracle Road (parcel 225-12-066C). (Any reconsideration motion must be made and seconded by only the BOA members who voted to deny the original case, all members present may vote on the actual motion. In the event that the BOA votes to reconsider this matter, Case OV10-06-01 will be placed on the agenda for full debate in front of the BOA for their next regularly scheduled meeting). 3. PLANNING AND ZONING UPDATE ADJOURNMENT A packet of agenda materials, as listed above, is available for public inspection at least 24 hours prior to the BOA meeting in the Town Hall Administration Building,during regular business hours. The Town of Oro Valley complies with the Americans with disabilities Act(ADA). If a disabled person planning to attend this meeting requires any special accommodation, please notify the Town Clerk at 229-4700. NOTICE TO SPEAKERS Members of the public have the right to speak during any posted public hearing; however,those items not listed as a public hearing are for consideration and action by the Board during the course of its business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Board on any item(s)on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Clerk of the Board. Please indicate on the speaker card which item number and topic you wish to speak on. Please step forward to the podium when the Chair announces the item(s)on the agenda,which you are interested in addressing. "Notice of Possible Quorum of the Oro Valley Town Council: In accordance with Chapter 3, Title 38,Arizona Revised Statutes and Section 2-4-2 of the Oro Valley Town Code, a majority of the Town Council may attend the above referenced meeting as a member of the audience only." Posted: 3-24-06 1:00 p.m. Ih MINUTES w/ BOARD OF ADJUSTMENT REGULAR SESSION MARCH 28, 2006 ORO VALLEY TOWN HALL COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE CALL TO ORDER at 3:00 p.m. ROLL CALL PRESENT: John Hickey, Chair Colleen Kessler, Vice Chair Andy Martin, Member Paul Parisi, Member Bart Schannep, Member PUBLIC HEARINGS 1. CASE NO. OV10-06-02, GEORGE HOLGUIN REPRESENTING MR. DEHLINGER, REQUEST FOR A VARIANCE TO ENCROACH BY 3', INTO THE REQUIRED SIDE YARD SETBACK OF 15', FOR R1-36 ZONE. LOCATED AT 131 WEST ROLLING HILLS STREET (PARCEL 225-11-1330). Chair Hickey swore in the witness that was intending to testify. George Holguin, a representative for the applicant explained that the request was for a reduction of the side yard building setback line from 15 feet to 12 feet to accommodate a two-car garage to the home. There was discussion regarding the setbacks and easements of the adjacent properties and the size of the two-car garage and the approximate 6 foot drop on the west side of the home. Dee Widero, Senior Zoning Inspector reviewed the staff report. She explained that the applicant was requesting to encroach 3 feet into the east side yard setback which would be a reduction from the required 15 feet to 12 feet to add a two-car garage to the existing home. She reported that at the time of the report preparation, staff received letters from Mike and Jan Wilson, Curtis Gregory, Jon Sjorgren and Nancy O'Connor who were all in support of the request. She further explained that Pima County recorded the Shadow Mountain Estates subdivision in 1959. A portion of the Shadow Mountain Estates was a part of the original incorporation of Oro Valley in 1974 and the remainder of the subdivision was annexed in 1979. She reported that in 1981, the Town adopted the current Oro 3/28/06 Board of Adjustment 2 Minutes Valley Zoning Code Revised (OVZCR), and the subdivision was zoned R1-36, and the original carport was enclosed in 2001 to create a 343 square foot hobby room. Staff finding of facts: • The home was built in 1959 and the applicant purchased the home in 2002. • The existing home is approximately 2200 square feet and the proposed addition is 704 square feet. • There is a 20 feet utility easement running along the west property line as well as the 4 foot slope. • The proposed addition will match architecturally to the existing home. • This addition should not pose any other zoning issues. In answer to a question from Member Schannep, Ms. Widero explained that the reason the proposed garage could not be placed further south and slightly west to maintain the setback requirements was because the yard area had already been established with a pool. Mr. Holguin explained that the easements current design was based primarily on the reaction of the neighbors not wanting a structure so close and so tall to their home. He added that the original plan was to have a 10 foot side yard setback `41110 which was a Pima County requirement but when the property was annexed into the Town, the side yard setbacks increased. Chair Hickey opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Member Martin moved to APPROVE Case No. OV10-06-02, request for variance to encroach into the required 15 foot side yard setback by 3 foot at 131 West Rolling Hills. Member Parisi SECONDED the motion. Discussion: Member Schannep supported the motion because the home had been built in 1959 and a 20 foot side yard setback could have been used. He said that the proposed garage would not infringe upon the neighbors views, and that there was at least a 40 foot gap between the home and the neighbors. Vice Chair Kessler agreed that there were some "special circumstances" involved such as the topography and easements. She explained that many of the neighbors had 2-car garage; therefore, it would not be "atypical" to see the home with a 2-car garage attached. She stated that she believed the "variance was necessary for the preservation and enjoyment of their substantial property rights." MOTION carried, 5-0. 3/28/06 Board of Adjustment 3 Minutes 2. CASE NO. OV10-06-01, VICTOR BOLDUC, SAYLER-BROWN LARA ARCHITECTS, REQUEST A RECONSIDERATION TO THEIR REQUEST FOR A VARIANCE FROM SECTION 23.4 TABLE 23.2.B, TO ALLOW A 34' BUILDING HEIGHT. LOCATED AT 8950 NORTH ORACLE ROAD (PARCEL 225-12-066C). (Any reconsideration motion must be made and seconded by only the BOA members who voted to deny the original case, all members present may vote on the actual motion. In the event that the BOA votes to reconsider this matter, Case OV10-06-01 will be placed on the agenda for full debate in front of the BOA for their next regularly scheduled meeting). In answer to a question from Member Schannep, Town Civil Attorney Joe Andrews explained that if an applicant were to reapply for a variance the evidence would need to change considerably. He expounded on wording in a paragraph written in a letter from the applicant that read, "3 - It appears that the Board may have more flexibility in granting a variance based upon the actual wording found in the Oro Valley Zoning Code regarding height requirements for a C-1 zone, Table 23-2B, Dimensional Requirements, states that the maximum building height was 25 feet or 2 stories. Other districts, S&C and POS, are restricted to 1 story and 24 feet to 45 feet. We believe that the use of the "or" implies flexibility in designing with either a restriction in height or a restriction in 1110 the number of floors." Mr. Andrews explained that the "or" as written in the letter would be an interpretation of the Code that would need to be addressed by the Zoning Administrator and her interpretation would rule. He reiterated the fact that the Boards' current responsibly was to address and determine whether or not those members who voted on the variance at the previous meeting would like to move to reconsider the case. MOTION: Vice Chair Kessler moved to RECONSIDER Case No. OV10-06-01. Member Martin SECONDED the motion. Discussion: Member Schannep explained that after reviewing the applicant's letter, he believed there had not been any new information or substantial changes that would warrant a reapplication for reconsideration. He explained that even though the applicant had made some steps in the right direction, the request still did not fit within the Town's Zoning Code limitations. Member Martin explained that the request to reduce the overall building height from 34 feet to 29.9 feet in conjunction with the possible change of the interpretation of the Code by the Zoning Administrator, in his opinion, was enough to reconsider the case. 3/28/06 Board of Adjustment 4 Minutes ,,g) ROLL CALL VOTE Chair Hickey— nay Vice Kessler—aye Member Martin — aye Member Schannep-- nay Member Parisi - nay MOTION failed 2-3, to reconsider the case, with Vice Chair Kessler and Member Martin in favor of the motion. 3. PLANNING AND ZONING UPDATE No report. ADJOURNMENT MOTION: Member Schannep moved to ADJOURN the meeting at 3:33 p.m. The motion was SECONDED by Vice Chair Kessler. Motion carried, 5-0. Prepared by, is Z/4/e01-/A) Linda Hersha, Office Specialist _,PLLEY q,y/ TOWN OF ORO VALLEY O Q- f o2 COMMUNITY DEVELOPMENT DEPARTMENT d �� y` -, - Planning and Zoning•Building Safety s„ 11000 N.La Canada Drive,Oro Valley,AZ 85737•(520)229-4800•Fax(520)742-1022 • Oro Valley Public Library 1305 W.Naranja Drive,Oro Valley,AZ 85737•(520)229-5300•Fax(520)229-5319 Parks and Recreation ,r 680 W.Calle Concordia,Oro Valley,AZ 85737•(520)229-5050•Fax(520)797-2202 FUNDED 1gib' March 28, 2006 Jo Dehlinger 131 W. Rolling Hills Oro Valley, Az 85737 RE: Case No. OV10-06-002 Parcel#225-11-1330, request for variance to encroach into the required 15' side yard setback by 3'. Dear Mr. Dehlinger, At their regular meeting of March 28, 2006, the Board of Adjustment voted to approve your variance request. Please resubmit your building plans for the garage and reference the above case number on the plans. For additional information on your case file,please contact the Clerks office, to receive a copy of the minutes from this meeting. Linda Hersha,will be happy to assist you 229- 4744 or E-mail: lhersha@orovalley.net. Sincerely, i__ 2 L. /i-L,i4. & (_,. / tc) Dee Widero Senior Zoning Inspector Town of Oro Valley C: File George Holguin, 112100 E. Sundance Drive, Tucson, AZ www.townoforovalley.com