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Widero, Dee
From: com
Sent: Saturday, May 06, 2006 7:14 AM
To: Widero, Dee
Subject: BOA Meeting
Dee
I can't be certain that I'll make the Board of Adjustment meeting on the 23rd.
I note that approval for another wall along First Avenue is being requested. In the case heard last month, a
majority of the Board ignored the General Plan's adopted policy to treat First Avenue as a Scenic Corridor,
which prohibits intrusive structures. But, even more offensive to me was the Board's determination that noise,
traffic and privacy are conditions "unique to the property,"which is clearly not true. Noise due to increased
traffic is a condition uniformly applying to all properties on every thoroughfare in Oro Valley. Freedom from
noise is not a property right. If that were true, there wouldn't be airports, freeways or shopping centers. If
conditions unique to the property prevent the enjoyment of substantial property rights, the Board can consider a
variance. In these cases, it is not conditions unique to the property, but conditions present throughout the Town
and affecting all properties along First Avenue. The Board needs to avoid compromising the integrity of the
mandated standards for variance by introducing sympathy and emotional considerations.
Fortunately, variances are not precedent setting, and so the Board ought not to be influenced by the error in
judgment made in the previous case. Perhaps you can distribute this message when the Board packets are
made available.
Thank you.
Bill Adler
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'05/23/2006
ORO VALLEY PLANNING AND ZONING DIVISION
BOARD OF ADJUSTMENT REPORT
CASE NO: OV 10-06-05
Hearing Date: May 23, 2006
Agenda Item No.: 2
Prepared By: Dee Widero, Senior Zoning Inspector
REQUEST: Tom and Sue Hayes, request for a variance to build a wall varying in height
from 6' to 10' at the front property line, in Tangerine Meadows subdivision,
zoned R1-144. Subject property: (Parcel 224-02-0370) 11425 N. 1st. Avenue,
Oro Valley, AZ 85737.
REQUEST SPECIFICS:
Tom and Sue Hayes are requesting to build a 220 linear foot wall ranging in height from 6' to
10', on or within 10' of the front property line. Per the Oro Valley Zoning Code Revised
(OVZCR), section 23.6.4—Walls and Fences and section 31 —Definitions are as follows:
Walls and Fences
Setback requirements shall not apply to walls or fences less than four(4)feet, six (6) inches in height when
located in front yards, or less than six (6)feet when located in side and rear yards (see Section 23.5.A.2. for
special requirements regarding corner lots).
359. Yard, Required
Shall mean those areas established by setbacks to provide an open space at grade level between a building
and the adjoining lot lines unoccupied and unobstructed by any portion of a structure from the ground upward
except as otherwise provided herein.
360. Yard, Front
Shall mean an open, unoccupied space on the same lot with the main building extending the full width of the
lot and situated between the street line and the front line of the main building; projected to the side lines of the
lot. The front yard of a commercial corner lot is the yard adjacent to the major street as determined by the
Town Engineer.
Therefore, from the front property line to the closest portion of the main structure, a wall can be
no higher that 4'6". From the front of the main structure extending the full width of the lot;
running back toward the rear of the property, a wall may be higher than 4'6'. Any wall 6' or
higher must obtain a building permit.
SITE LOCATION:
This site is located in the Tangerine Meadows subdivision. The site is on 1st Avenue just north of
Naranj a Drive.
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.
Staff has not received any public comment in support or opposition to this request.
EXISTING LAND USE AND ZONING:
On-site Existing home -zoned R1-114
North: Resurrection Lutheran Church—zoned PSC
South: Naranja Drive—Canada Del Oro Estates—zoned R1-144
East: Tangerine Meadows lots 1-29—zoned R1-144
West: 1st Avenue—Private Parcels—zoned R1-144
SITE ANALYSIS:
Tangerine Meadows lots 30-46 is a 16-lot subdivision, Pima County recorded this subdivision in
1974, zoned as SR (Suburban Ranch). The Town of Oro Valley annexed this subdivision in 1994,
translating the zoning to R1-144. Subject property is a 144,613 square foot; rectangular shape lot
that meanders and slopes upward from 1st Avenue approximately 20 feet to the existing home. There
is some drainage at the southeast portion of this property. Mr. and Mrs. Hayes have met with the
Town's Public Works Division, Cheryl Huelle, Senior Engineer, and Steven Faaborg, Senior Civil
Engineering Technician, to determine the entry location for the driveway is in accordance with the
new island turn lane from 1st Avenue. The Public Works Division has no objections to the wall.
SUMMARY:
Staff finding of facts:
• The proposed wall will match the architecture of the existing home.
• The wall will match or blend with the proposed wall that Mr. Blair, the neighbor to the south
has proposed to build ( he received approval under variance OV10-06-03).
• Property line walls are allowed without permit or approval up to 4'6".
• 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
2
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, approve with conditions, or deny] OV10-06-05, a request to build a wall varying
in height from 6' to 10' on the front property line for R1-144 zone, at 11425 N. 1st Avenue.
ATTACHMENTS:
1. BOA application
2. Location map
3. Site plan
4. Plat map
F:\OV\OV 10\2006\10-06-05\REPORT.doc
Sara More, AICP
Planning and Zoning Administrator
3
O PIEY, O
q1 TOWN OF ORO VALLEY
AT PLANNING & ZONING. � 4�� ► DIVISION
\',,�f C 11 000 N. LA CANADA
-,/,r- , DRIVE, ORO VALLEY AZ 85737
a� Phone: (520)229-4800 Fax: (520)742-1022
OVNDED g1
BOARD OF ADJUSTMENT APPLICATION
FOR: Zoning Variance Note: Submittals are due by noon
—Zoning Interpretation ,�
_Appeal of Administrative Decision CASE NO.: „) ki , - - __
NATURE OF REQUEST: ise_ , S:S L)`^,-i .72, S 4);jel /4-41'f I / A-)
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APPLICANT: / c' I fc t /A7tT5
PHONE: , ( FAX:
ADDRESS: (I 2- ,/1/ I S 4-v -ey11,..r.
OWNER: T/e7y-).- if $f /I:: /7
ADDRESS: //' -c Al . / Sr rh.) - l2 se2 IV -- 5 .73 7
PROPERTY LOCATION FOR VARIANCE REQUEST: //(I Z 5- /1/, j- 1 re
PARCEL#: 2 2.14020 2v 7 CLEGAL DESCRIPTION: "o t 3 %h? /4`'",----440e e_3
CURRENT ZONING: /f Li Li APPLICABLE FEE: Z / %
ATTACHMENTS: rativap/ Z
SIGNATURE OF APPLICANT (ALSO PRINT NAME) DATE
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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?
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2. Are there special circumstances that exist that are not self imposed or created by the
owner/applicant? l ,
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3. Is the authorizing of the variance necessary for the preservation and enjoyment of substantial
property rights? _
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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?
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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 properti s.
47-7- 721.0 Vp-297.4Pez..7 77V 0 ' P t-&t IS 771,
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ADDITIONAL INFORMATION:
15 copies of 11 x 17 dimensioned plot plan, if applicable
15 copies of 11 x 17 dimensioned floor plan,if applicable
15 copies of 11x17 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 conunents/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
BOARD OF ADJUSTMENT SUBMITTAL CALENDAR
2006
Town of Oro Valley
ALL SUBMITTALS ARE DUE BY NOON.
SUBMITTAL DEADLINE FOR PUBLICATION BOA MEETING DATE
DEADLINE OF LEGAL NOTICE
(Office Use Only) 4th Tuesday
THURSDAY THURSDAY TUESDAY
12/29/05 12/29/05 01/24/06
01/26/06 01/26/06 02/28/06
02/23/06 02/23/06 03/28/06
03/23/06 03/23/06 04/25/06
04/27/06 04/27/06 05/23/06
05/25/06 05/25/06 6/27/06
06/22/06 06/22/06 07/25/06
07/20/06 07/20/06 08/22/06
08/24/06 08/24/06 09/26/06
09/21/06 09/21/06 10/24/06
10/26/06 10/26/06 11/28/06
*11/22/06 *11/22/06 12/26/06
12/21/06 12/21/06 01/23/07
*If a holiday falls on the submittal date the submittal will be due the day before
Please Note: Public comments must be received by the submittal dates to be
considered in the staff report; They must be received no later than one week after
the submittal date to be included in packets distributed to the hearing body.
The hearing dates shown are the earliest dates that the project can be reviewed by
the Board. Incomplete or inadequate submittals may delay a project.
1 k,WN OF ORO VALL.. I
PLANNING DEPARTMENT
11000 N.LA CANADA DRIVE ORO VALLEY,AZ 85737
PHONE: 229-4800 FAX: 742-1022
RECEIPT
******************************************************************************
REFERENCE NUMBER: OV1006-05 RECEIPT #06P00187
SITE ADDRESS: TAXCODE:
DATE: 04/27/2006 TIME: 09:44 AM
COMP TYPE: BOARD OF ADJUSTMENT TYPE:
DESCRIPTION: PERMISSION TO BUILD WALL ON PROPERTY LINE ALONG
APPLICANT: TOM&SUE HAYES OWNER:
Notation: Receipt By: SG
*******************************************************************************************
SG
PAID BY:
Type Method Description
Amount
Payment Check 6344 150 . 00
TOTAL: 150.00
FEES PAID:
Description Account Code Current Pmts
BOA INDIVIDUAL FEE ITEM 001-000-408 150.00
TOTAL: 150.00
Account#:
Ending Balance: $
April 27th,2006
TO: Board of Adjustment
Town of Oro Valley
11000 N. La Canada Drive
Oro Valley, AZ 85737
FROM: Tom and Sue Hayes
11425 N. First Avenue
Oro Valley, AZ 85737
RE: Request to Build Wall on First Avenue Property Line
In addition to the attached application for a zoning variance to build a 10'high wall on our
property line along First Avenue, we'd like to add the following comments:
1) We were very impressed with your concern for personal property rights at the April board
meeting where you granted Harvey Blair's request to build a similar wall along his property line
adjacent to our lot on the south.
2) We have been meeting with Cheryl Huelle, Senior Engineer, and Steven Faaborg, Senior Civil
Engineering Technician,to determine the exact location that our entry will meet the island turn
lane and driveway off of First Avenue provided by Oro Valley. Our final plans submitted to the
Building Department will reflect those details.
3) We plan to design the wall for sound mitigation,and decorative appeal, as well as privacy and
safety. Since Oro Valley chose not to provide us any mitigation for the 4-lane road and increased
traffic,noise, and sight pollution,we are forced to build it ourselves.
4) The topography of our lot is such that the wall is located in the lowest elevation of the lot near
the street and will begin tapering into the existing hill on the north until it has reached a level that
will mitigate the traffic. It will not go any higher than a level 10'from the edge of the gate.
5) In addition, we plan to provide planters and lighting to soften the wall along the Public side.
Again,thank you for your sincere concern for preserving private property rights. This wall will
be an asset to the First Avenue corridor.
Sincerely,
Tom and Sue Hayes
April 27t',2006
TO: Board of Adjustment
Town of Oro Valley
11000 N. La Canada Drive
Oro Valley, AZ 85737
FROM: Tom and Sue Hayes
11425 N. First Avenue
Oro Valley, AZ 85737
RE: Request to Build Wall on First Avenue Property Line
In addition to the attached application for a zoning variance to build a 10'high wall on our
property line along First Avenue,we'd like to add the following comments:
1) We were very impressed with your concern for personal property rights at the April board
meeting where you granted Harvey Blair's request to build a similar wall along his property line
adjacent to our lot on the south.
2) We have been meeting with Cheryl Huelle, Senior Engineer, and Steven Faaborg, Senior Civil
Engineering Technician,to determine the exact location that our entry will meet the island turn
lane and driveway off of First Avenue provided by Oro Valley. Our final plans submitted to the
Building Department will reflect those details.
3) We plan to design the wall for sound mitigation,and decorative appeal, as well as privacy and
safety. Since Oro Valley chose not to provide us any mitigation for the 4-lane road and increased
traffic,noise, and sight pollution,we are forced to build it ourselves.
4) The topography of our lot is such that the wall is located in the lowest elevation of the lot near
the street and will begin tapering into the existing hill on the north until it has reached a level that
will mitigate the traffic. It will not go any higher than a level 10' from the edge of the gate.
5)In addition,we plan to provide planters and lighting to soften the wall along the Public side.
Again,thank you for your sincere concern for preserving private property rights. This wall will
be an asset to the First Avenue corridor.
Sincerely, r
! s
Tom and Sue Hayes
APR 2 7 2006
PROPOSED BLOCK WALL
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Lot Information Window Page 1 of 1
Lot Information Request Results
121 441 2 X
*` -" Parcel Number:224020370
+ t :" ,j:
y, ,.,� t. For more_detailed„information regarding this parcel,please click here.
I, , '. ,w- II .; A4,'. .. , #' +z , fir.
- AiLlit, 4 ,4 . lit444 ' +., , h Street Address:
ai '4 ." _* +.4 4 4 f 11425 N 1ST AV OV
tzt
Current Mailing Address:
,,fir.'*''I ' "`,_ HAYES THOMAS &SUZANNE FAMILY REVOCABLE TRUST
� ., A ".f . _ ,. 11425 N 1ST AVE
' 't .-x . - + tot` ,gro. - TUCSON AZ
_£ )'''l' '. '„'I'-4i i„.„t1
' 857370000
f ►. .,, Legal Information:
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5 N TANGERINE MEADOWS LOT 34
Subdivion Plat Book and Page:: 26059
Vie wSubdivion Plat from...Pima County
Flood Plain Information: Lot Not in Flood Plain
Disclaimer:This information should be verified by the Oro Valley Zoning
z
Department.The Town of Oro Valley expressivly disclaims responsiblity for
- damages or liability that may arise from the use of this map.
Oro Valley Zoning Code:R1-144
Zoning Code Explanation:Single Family Residential .3 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.
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 SchoolDistrict Website..
J.,L.EY:Ri2
o�°9,- % 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
„4 < 4 no expressed or implied warranty is made regarding their accuracy.While every effort has been made to ensure the accuracy,
. i` x 4,., correctness and timeliness of these materials,Oro Valley assumes no responsibility for errors or omissions.For more information
.. = regading the information displayed on your screen,please contact the Planning&Zoning Department at(520)229-4800 or visit us at
- 11000 N La Canada Drive,Oro ValleyArizona 85737.
II
C URVE DATA TABLE GENERAL NOTES
DEDICATION
NO. R A L T C i. GRUWS AREA OF SUBDIVISION. Q'AS ACRES. WE. THE UNDERSIGNED. HEREBY WARRANT THAT WE ARE
A. TOTAL NEW ROADWAY MILEAGE: 0.10 MILES. ALL AND THE ONLY PARTIES HAVING ANY REEL RD TITLE
' I. 75.00' 90.17'41' AI40' 3513' 35.45' I. ALL LOT CORNERS SET WITH A 1.,STEEL PIN TAGGED INTEREST IN THE LAND SHOWN ON THIS PLAT AND WE CONSENT
2 15.00' 89'I5773' 19/L' 2483' 3518' P.F.1.177" TO THE SUBDIVISION OF SAID LAND IN THE MANNER SHOWN
4. ROADS WILL BE CONSTRUCTED TO MINIMUM PIMA HEREON- WE HEREBY DEDICATE TO TNF Pala.L 1°O/Al•VeP A/
3 150n' 7503/7' 3275' /320' 30.44' COUNTY STANDARDS FOR PAVED ROADS. CONSTRUCTION Vh'a, r...Aft,'ocrecm,'.cLL077.Mi All t7P•7IC.IARN7'GOD
4 2500' /04'S4 VI' 4579' 3P.55' 39.15' PLANS WILL BE SUBMITTED TO THE COUNTY ENGINEER STREETS. THE STREETS SHOWN HEREON ARE ALSO DEDICATED
5 37200' 4055'S0" 79/.77' /5381' 78430' FOR REVIEW AND APPROVAL. PRIOR TO ISSUANCE OF ANY FOR THE WSTALLATIIN AND MAINTENANCE OF PUBLIC
4. 80000' /1'40'33" /43.05' 81..8/' /4777' PERMITS FROM THE 7.ONING INSPECTOR. UTILITIES ABS$SHWIS
7 77000' 05 5/37' 7875' 354/' 7871' S. 0 : SET SURVEY MONUMENT BEING A 2'•BRASS CAP
SET IN CONCRETE.STAMPED"P.E.h177" WE. THE OWNERS, OUR SUCCESSORS AND ASSIGNS. DO ,
SET A STEEL PIN TAGGED-P.E.6777'• IIEREBY SAVE PIMA COUNTY. ITS SUCCESSORS AND ASSIGNS,
MINIMUM LOT 517F..: 144.00050.FT. AND THEIR EMPLOYEES, OFFICERS'AND AGENTS. HARMLESS
L THE AP EA WITHIN THE S0 IF/JRIOAR CAAC,MC11A51ANla•RL FROM ANY AHD ALL CLAIMS FOR DAMAGES RELATED TO THE
REPRESENT AREAS IN EXI!ESS•OF THAT WHICH MAY BE USE OF THESE LANDS. NOW AND IN THE FUTURE. Sr REASON
SUBJECT TO FLOODING FROM A SD-YEAR FREQUENCY OF FLOODING, FLOWAGE EROSION OR DAMAGE CAUSED BY..,,
FLOOD. AND ALL LAIl05 WITHIN THESE AREAS WILL BE WATER. WHETHER SURFACE FLOOD OR RAINFALL. -r
RESTRICTED TO USES THAT ARE COMPATIBLE WITH '°+•.
ii
FLOOD PLAIN MANAGEMENT AS APPROVED BY THE PIONEER NATIONAL TRUST cd of:._ ' •
.7
COUNTY ENGINEER. ARIZONA., AS TRUSTEE UNDE • `
9, NATURAL DRAINAGE WILL NOT BE ALTERED, DISTURBED THAT CERTAIN TRUST NO. IIQfL
OR RESTRICTED WITHOUT THE APPROVAL OF THE PIMA I`�'.' 1
•
COUNTY' HOARD OF SUPERVISORS, ///�//ryJ/'�/J�
10. UTILITIES WILL HE INSTALLED IN CONFORMANCE WITH 14..?•}• �.aLt!
THE ARI:.ONA COR PDXA TION COMMISSION AMENDED PAUL R. ST ULGiN R175T OFFICER
GENERA:.ORDER U•4!OR AS IT MAY BE AMENDED. I.
II. BASIS Oi BEARING: THE WEST LINE OF THE EAST HALF I
OF SECTION I. T.-125. R.-I IE.. G.A S.R.B.NM.SAID
BEARING ASSUMED NORTH. ,
12. ALL UTILITIES LOCATED WITHIN THE PROPOSED RIGHTS- STATE OF ARIZONA I 1
OF•W'AY THAT MAY HAVE TO BE RE-LOCATED DUE TO COUNTY OF PIMA 1 ••
' THIS DEVELOPMENT WILL BE DONE SO AT NO EXPENSE
NE TO PIMA COUNTY. Q�THIS THE ..♦�DAY OF C�'{rh} 157i, BEFORE ME
® or-oreritEc yr ezeAms -coNsJAucreF Pla...atio, nau lack
_,'r/J (/ THIj UN DERSIC.N ED OF FICEP,
DFSCCOPDVFN'MULL AEGONSTRUCTFD N Ie4LIl�LA1LYT9
IS O!TSFAVA,AW 171 PMU CAOWTY STIR/S[Ol Llifb?EL AI' PERSO ALLY APPEARED PAUL R.STULGIN, W110 AC M.,-
i/la P4 IRIS. EDGED HIMSELF TO BE THE TRUST OFFICER OF PIONEER
NATIONAL TRUST COMPANY OF ARIZONA, AND THAT IIE AS
SUCH TRUST OFFICER BEING AUTHORIZED SO TO DO,EXECUTED
r//////l//I/////N THE FOREGOING INSTRUMENT FOR THE PURPOSE THEREIN '
e� CONTAINED BY SIGNING THE NAME OF THE CORPORATION BY
TOWN OF HIMSELF AS TRUST OFFICER.
1 M A P 218 1 .OHO VALLEY IN WITNESS WHEREOF I HEREUNTO SET MY HAND A �
ZONE SR Annexed•11-10r-�94, OFFICIAL SEAL. f
1 it Ord. No.94.29 NOTARY PUBLIC �j ,� 4•-,
•
H.DZ. 1 MY COMMISSION EXPIRES:5-1+-"1 • 'p'''''
I
APPROVALS
THIS PLAT HAS BEEN REVIEWED AND IS APPROVED AS TO '
FORM AND CONTENTS:
7/��sc.r -a.i 8-.1.2.lie -
PIMA COUNTY PLANNING DIRECTOR DATE RECORDING DATA
/23-7,7- •L-c.r�0 A/3.A•/7fx STATE OF ARIZONA I • so. 70 7 S3
PIMA COUNTY ENGINEER /v DATE COUNTY OF PIMA .• FEE rj/,WV
R J•, •1. I F FILED FOR RECORD AT THE REQUEST O JOHNS.COLLINS
i PIMA COUNTY DEPART NT OF SANITATION DATE AND ASSOCIATES. INC ON TH15Z1w DAY OF_A II.-I--
I9 , AT/d: J�M. IN HOOD 1 L OF A/AI'SAl f
ND
I. ELSA B. HANNA, CLERK OF THE BOARD OF SUPER• PEA 5 AT PAGE__Lc_THEREOF.
VISORS. HEREBY CERTIFY THAT THIS PLAT WAS APPROVED WITNESS MY HAND AND OFFICIAL SEAL. THE DAY AND
HY THE BOARD OF SUPERVISORS OF PIMA COUNTY,ARIZONA YEAR AR VE WRITTEN.
fANi/1r/MF A10A0 ON TH B D Y OF . 19 Z�.
0 BY: IOW MAE 5M VT11
/ -� C-11'7d D PUTT COUNTY RECORDER PIMA COUNTY RECORDER
CL K OARD OF SUPERVISORS DATE
DNS LIB I V l:D E D
1/11111
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�S, WE HEREBY CERTIFY' THAT THIS PLAT REPRESENTS A SURVEY �!J MwDE UNDER OUR DIPEc7tON AND THAT - PEPTS' LOTS 30 THR�J' 6 '
NA.MUJA ,►oAD t,dcIRRS!MS.L CORNER ,...•VMSACNAR ST4.0' HERE• • PERFORMANCE ,BRAS POSTED BEING A SUBDIVISION OF PORTIONS OF LOTS 4 AND 7. AND A
.T;LP'/1//S F•R .s.:'LVk -. L INSTALLATION..
/.'.•/`;, l ,. -I PORTION OF THE Wi OF THE SE;OF SECTION I. T.US.,
ill It - P.IIE., G.LS.P.B.Y M., PIMA COUNTY, ARIZONA.
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S.AEET z OF z 633 C0/3-73•/z7
11/1A• n' BOOK .24 PAGE S'9
AFFIDAVIT OF PUBLICATION
STATE OF ARIZONA )
ss.
COUNTY OF PIMA )
Audrey Smith, being first duly sworn, deposes and says that (s)he 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
Tucson, County of Pima, State of Arizona and elsewhere, and the hereto attached:
NOTICE OF PUBLIC HEARING
ORO VALLEY BOARD OF ADJUSTMENT
MAY 23, 2006 @ 3:00PM
OV1 0-06-05
was printed and published correctly in the regular and entire issue of said THE DAILY
TERRITORIAL for 1 issues; that was first made on the 8th day of May 2006
and the last publication thereof was made on the 8th day of May 2006 ;
that said publication was made on each of the following dates, to-wit:
05/08/06
at the Request of: Town of Oro Valley
-- ,\\\ {
by ,�, ���11 ��'���-` Legal Advertising g Manager
Subscrioed and sworn to bef re e t�r{s 8th day of May 2006 .
- 3C'\\\( /\'' ()-m
i,i'"w° ' roit-ry Public-Arizona (o Pubiic in and for the County of Pima, State of Arizona
r Pima County
� -"i �w Expires 04/00 —
My commission expires:
NOTICE
OF PUBLIC HEARING
BEFORE THE
ORO VALLEY BOARD
OF ADJUSTMENT
In accordance witn Sec.21.6.H of the
Oro Valley Zoning Cone 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,May
23,2006,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:
OV10-06-05:Tom and Sue Hayes.re-
quest for variance to build a wall
varying in height from 6'to 10'on the
tront property line for R1-144 zone.
Subiect property: (parcel
#224-02-0370) located at 11425 N.
1st.Avenue,Oro Valley,AZ,85737.
Site plans are available for review dur-
ino 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 repre-
sented.Any person seeking further in-
formation on this request for a variance
may contact Dee Widero 229-4.812 or
e-mail:dwidero@orovalley.net.
REQ: Sarah More,AICP
Planning and Zoning Administrator
PUBLISH:The Daily Territorial
May 8.2006
hrmay23ov10-06-05 a.s
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, May 23, 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:
OV10-06-05: Tom and Sue Hayes, request for variance to build a wall varying in
height from 6' to 10' on the front property line for R1-144 zone.
Subject property: (parcel #224-02-0370) located at 11425 N. 1st.
Avenue, 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.
REQ: Sarah More,AICP
Planning and Zoning Administrator
Posted: 5-4-06
Time: 9:00 a.m.
By: sg
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, May 23, 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:
OV10-06-05:Tom and Sue Hayes, request for variance to build a wall varying in height from 6' to
10'on the front property line for R1-144 zone. Subject property: (parcel#224-02-0370)
located at 11425 N. 1st.Avenue,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, May 23, 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:
OV10-06-05:Tom and Sue Hayes, request for variance to build a wall varying in height from 6' to
10'on the front property line for R1-144 zone. Subject property:(parcel#224-02-0370)
located at 11425 N. lst.Avenue,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.
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DRAFT
MINUTES
ORO VALLEY BOARD OF ADJUSTMENT
REGULAR SESSION
APRIL 25, 2006
ORO VALLEY TOWN HALL
COUNCIL CHAMBERS
11,000 N. LA CANADA DRIVE
CALL TO ORDER at 3:00 p.m.
ROLL CALL
PRESENT: Colleen Kessler, Chair
John Hickey, Member
Bart Schannep, Member
Andy Martin, Member
EXCUSED: Paul Parisi, Vice Chair
MOTION: A motion was made by Member Hickey to approve the February 28, 2006
and March 28, 2006 minutes. Member Martin seconded the motion. The motion carried,
4-0.
PUBLIC HEARINGS:
1. CASE NO. OV10-06-03: HARVEY BLAIR, REQUEST TO BUILD A 10' WALL
AND 14' ORNAMENTAL FEATURE WITH A STEEL GATE AT HIS FRONT
PROPERTY LINE. AT 11355 NORTH 1ST AVENUE (PARCEL 224-02-0380)
Harvey Blair, 11355 North First Avenue, explained that the request was to obtain
permission to build a block wall on the front property line. He reported that the wall
would be the full length of First Avenue frontage that would provide as a buffer for noise
reduction and a parameter for the safety and welfare of the surrounding properties.
There was discussion regarding the following issues:
• Would the wall provide a buffer for noise reduction and still remain aesthetically
pleasing to the neighborhood?
• Would there be any affect to drainage flow on the southeast side of the property
if a wall was constructed?
• What was the distance of the home from 1st Avenue?
• Will other homes in the community have walls constructed by Oro Valley?
• What would be the minimum height of the wall?
• Would the wall provide the safety the applicant was seeking?
De Widero, Senior Planning and Zoning Inspector, reviewed the staff report. She
reported that Mr. Blair was requesting to build a 284 linear foot wall. She reported that
the Tangerine Meadows lots 20-45 was a 16 lot subdivision; Pima County recorded the
04/25/06 Board of Adjustment 2
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subdivision in 1974, zoned as SR (Suburban Ranch). She reported that the Town of
Oro Valley annexed the subdivision in 1994, translating the area to R1-144. She
reported that the subject property was 144,613 square feet; rectangular shape that
meanders and slopes upward from 1st Avenue approximately 20 feet to the applicant's
home. She said that there was some drainage at the southeast corner of the property.
She reported that Jose Rodriguez, Engineering Division Manager, from the Town's
Public Works Department, stated that the proposed wall plan, if approved, would need a
review from engineering when submitting for a permit, but that it should not be an issue
as far as placement. However, she explained that Mr. Rodriguez suggested that the
Blair's wait to build the wall until all right-of-way improvements had been completed.
Staff finding of facts:
• The proposed wall will match architecturally to the existing home.
• The wall will be out of character from the other large open lots and surrounding
area.
• Property line walls are allowed without permit or approval up to 4 feet and 6
inches.
• This addition should not pose any other zoning issues.
Chair Kessler opened the public hearing and swore in the witnesses that were intending
to testify.
Bill Adler, 10720 North Eagle Eye Place, was opposed to the wall because it would be
in violation of the goals and policies identified in of the General Plan.
Sue Hayes, 11425 North 1st Ave, supported the request and did not consider the
structure to be obtrusive or obstruct any scenic routes, roadways, bike path but would
enhance the area as well as provide a barrier to reduce the noise level.
Tom Hayes, 11425 North 1st Ave, was in favor of the wall being erected and believed
that it would help alleviate some of the noise pollution created by the traffic flow.
Chair Kessler closed the public hearing.
MOTION: Member Schannep moved to APPROVE Case No. OV10-06-03, a request to
build a 10 foot wall with an ornamental feature of 14 feet and steel gate located at
11355 North 1st Avenue. Member Martin SECONDED the motion.
Discussion: Member Schannep pointed out that some properties in the immediate area
were allowed to install a wall, and that traffic was getting increasingly worse. He
explained that the applicant's property was impacted the most as well as some other
frontline properties in the area. He explained that the "special circumstances" were not
created by the owner but by the progress of Oro Valley. He stated that any home that
was subjected to loud traffic noises and traffic view would affect a homeowner's
"property rights". He explained that the variance for the wall was being granted to help
reduce the noise level and to shield the view of the busy road. He felt that this would not
be a granting of special privilege other than the need "preserve the preservation and
• Yr
04/25/06 Board of Adjustment 3
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enjoyment of substantial property rights". He added that the structure would not be
detrimental to the vicinity.
Member Martin explained that the applicant did not create the size, shape, topography
or surroundings, but that the area surrounding the home had changed over the years.
He stated that to have peace and quiet on your property was a property right and would
give the applicant some level of comfort.
Member Hickey did not support the motion and stated that he did not see a special
circumstance to the applicant's property that was unique, and he believed that the
variance would be a granting of "special privilege". He explained that he had concern
with Criteria #5 regarding safety and welfare in that the proposed structure would have
a zero lot line, and with the turnout proposed, any vehicle over 15 feet long would
automatically be in the public right-of-way as it waited for the gate to open on the
property.
Chair Kessler agreed that the property surroundings had changed over the years, and
she believed there was definitely some safety issues involved as it related to children
being on the property. She said that the applicant should be allowed to enjoy peace
and quiet, therefore agreed with the motion.
ROLL CALL VOTE
Motion carried, 3-1, with Member Hickey opposed.
2. DISCUSSION AND POSSIBLE UPDATES TO ORO VALLEY ZONING CODE
REVISED (OVZCR); BOARD OF ADJUSTMENTS RULES AND
REGULATIONS AND BOARDS AND COMMISSION TRAINING MANUAL
Chair Kessler suggested not making any changes to the Rules and Procedures
Guidelines since the document had already been approved by the Town Council.
Discussion followed regarding:
• A memo from the Town attorney regarding an appeal of a variance.
• Amending the Zoning Code.
• The definition of what constitutes a board majority versus what constitutes
a quorum majority.
• The Rules and Procedure Handbook "member of conduct" section.
• Updating the "training manual".
Chair Kessler opened the floor for public comment.
Bill Adler, 10720 North Eagle Eye Place, explained that there were significant
differences in the information handed out at the Citizens Planning Institutes class that
relates to the Board of Adjustment and the Board's training manual, such as the ex-
parte and description of duties as well as conditional use permits. He suggested that
the Board address the issues and determine what process the Board would follow to be
consistent.
04/25/06 Board of Adjustment 4
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ADJOURNMENT
MOTION: A motion was made by Member Hickey to adjourn the meeting at 4:21 p.m.
Member Schannep seconded the motion. Motion carried, 4-0.
Prepared by,
Linda Hersha, Office Specialist
AGENDA
ORO VALLEY BOARD OF ADJUSTMENT
REGULAR SESSION
MAY 23,2006
ORO VALLEY TOWN HALL
COUNCIL CHAMBERS
11,000 N. LA CANADA DRIVE
CALL TO ORDER: at or after 3:00 p.m.
ROLL CALL
MINUTES Approval of the Minutes of April 25,2006
AT THE CALL OF THE CHAIR,THE AGENDA ITEMS MAY BE TAKEN IN ANY ORDER, AS DEEMED
APPROPRIATE.
PUBLIC HEARINGS:
1. CASE NO. OV10-06-04: Sonoran Design Group representing Mike and Linda Arnold, request a
variance from the 18' building height, up to 20', when measured from natural grade on a custom
graded lot with a greater than 6% slope. Subject property: (Parcel 219-50-0300) 721 W. Sedona
Ridge, Oro Valley,AZ 85737.
2. CASE NO. OV10-06-05: Tom and Sue Hayes, request for a variance to build a wall varying in height
from 6' to 10'at the front property line, in Tangerine Meadows subdivision,zoned R1-144. Subject
property: (Parcel 224-02-0370) 11425 N. 1st Avenue, Oro Valley, AZ 85737.
3. CASE NO. OV10-06-06: Robert Page,architect representing Jana and Brian Davies, request for a
variance from the Type "B" buffer yard (min. 15'); eliminate required screening and reduce required
40' building setback to 20' along the north property line abutting an R1-144 zone. Subject property:
(Parcel 225-51-0130)7780 N. Oracle Road, Oro Valley, AZ 85704.
4. Planning and Zoning Update.
ADJOURNMENT
A packet of agenda materials, as listed above, is available for public inspection at least 24 hours prior to the
BOA meeting in the Town Hall Administration Building,during regular business hours.
The Town of Oro Valley complies with the Americans with Disabilities Act(ADA). If a disabled person planning
to attend this meeting requires any special accommodations, please notify the Town Clerk at 297-2591.
NOTICE TO SPEAKERS
Members of the public have the right to speak during any posted public hearing; however, those items not
listed as a public hearing are for consideration and action by the Board during the course of its business
meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair.
If you wish to address the Board on any item(s) on this agenda, please complete a speaker card located on the
Agenda table at the back of the room and give it to the Clerk of the Board. Please indicate on the speaker card
which item number and topic you wish to speak on.
Please step forward to the podium when the Chair announces the item(s) on the agenda, which you are
interested in addressing.
"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: 5-19-06 4:30 p.m. Ih
MINUTES
ORO VALLEY BOARD OF ADJUSTMENT
REGULAR SESSION
MAY 23, 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
PRESENT: Paul Parisi, Chair
Bart Schannep, Vice Chair
Colleen Kessler, Member
John Hickey, Member
EXCUSED: Andy Martin, Member
MOTION: A motion was a motion to approve the minutes of April 25, 2006. The
motion carried unanimously, 4-0.
PUBLIC HEARINGS:
1. CASE NO. OV10-06-04: SONORAN DESIGN GROUP REPRESENTING MIKE
AND LINDA ARNOLD, REQUEST A VARIANCE FROM THE 18' BUILDING
HEIGHT, UP TO 20', WHEN MEASURED FROM NATURAL GRADE ON A
CUSTOM GRADED LOT WITH A GREATER THAN 6% SLOPE. SUBJECT
PROPERTY: (PARCEL 219-50-0300) 721 W. SEDONA RIDGE, ORO VALLEY,
AZ 85737
Chair Parisi swore in all witnesses that were intending to testify.
Thomas Spevak, Project Manager for Sonoran Design Group, explained that the
variance was in regards to an 18 foot height limit from the natural grade. He explained
that the topography at the homesite shows a low natural grade at the center of the
proposed custom home placement, and a parapet of 15 feet and 18 inches above the
low spot exceeds 18 feet from the natural grade for a small portion of structure.
Zoning Inspector Patty Hayes reported that Mike and Linda Arnold were requesting
approval to build a house on a custom graded lot with a slope greater than 6%. She
explained that the building heights are measured from natural grade on lots with a slope
greater than 6%. She reported that the 10 feet of foundation and the 3.5 feet of fill
exceeded the allowable building height of 18 feet by 2 feet because the natural grade at
certain points of the building was significantly lower than that of other parts of the
building site. She explained that the amount of fill dirt accounts for a portion of the
allowable building height.
05/23/06 Board of Adjustment 2
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Ms. Hayes reported that Sunridge II was a 65-lot subdivision, recorded in Oro Valley in
1995, zoned R1-20. She said that the subject property was a 29,215 square foot,
square shaped lot, and the lot had a floodplain to the west, and conservation easements
on the south and east, and a slope easement on the north.
Staff finding of facts:
• Lot 22 has a 12% slope under the house pad.
• The building area of lot 22 is restricted by slop, conservation and floodplain
easements on all sides. Driveways are allowed in the slope easement and
screen walls allowed only with homeowner's association approval.
• The building walls, including parapet, vary from 12 feet to 16 feet and 6
inches in height.
• The section of house in question is 15 feet 8 inches from finished floor, 16
feet and 5 inches from finished grade, but exceeds the 18 feet from natural
grade.
• The applicant states the building has been redesigned so as to minimize
parapet elevations, and that the structural components and approved design
prevents further lowering of the parapet.
Chair Parisi opened the public hearing and swore in all witnesses that were intending to
testify.
Patrick Lewis, 704 West Sedona Ridge Place, stated that he could not support the
variance because of the height of the home, and the retaining wall. He believed that
this would create a potential impact on future home development. He proceeded to
distribute photographs of the site and identified specific locations surrounding the home
to describe how the home would impact the neighborhood.
Chair Parisi closed the public hearing.
Mr. Spevak pointed out that one the issues addressed in designing the roof parapet
height was the surrounding homes and their view corridors and he felt confident that the
adjustment would not obstruct any neighboring home's views.
There was discussion regarding the following topics:
• Alternatives for the retaining wall.
• Alternatives for the parapet height and location.
• The possibility of lowering the home for less fills.
• Would there be room to move the structure south using the same design.
• How was the topography causing the special circumstances?
• How was criteria item #3 being met?
Gary Moreno the owner of the Sonora Design Group explained that the Lewis's view
quarters would not be affected or blocked in any way. He reviewed the site using
photos and diagrams of the area.
MOTION: Member Hickey moved to approve Case OV10-06-04, a request to
exceed the 18 feet building height up to 2 feet when measuring building height from
05/23/06 Board of Adjustment 3
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existing grade on a grater the 6% slope, with the caveat that it not exceed what has
been currently shown to the Board. Member Kessler seconded the motion. Motion
carried, 4-0.
2. CASE NO. OV10-06-05: TOM AND SUE HAYES, REQUEST FOR A
VARIANCE TO BUILD A WALL VARYING IN HEIGHT FROM 6' TO 10' AT
THE FRONT PROPERTY LINE, IN TANGERINE MEADOWS SUBDIVISION,ZONED R1-144. SUBJECT PROPERTY: (PARCEL 224-02-0370) 11425 N. 1sr.
AVENUE, ORO VALLEY, AZ 85737
Chair Parisi opened the public hearing and swore in all witnesses that were intending to
testify.
Tom Hayes, 11425 North 1st Avenue, explained that the request was to build a wall on
the property line along 1st Avenue to block the noise and sight of traffic. He explained
that the wall would vary in height from 6 feet on the north end (where the topography
rises) to 10 feet on the south end to tie into the neighbor's wall.
Senior Zoning Inspector Dee Widero reported that Tom and Sue Hayes were requesting
to build a 220 linear foot wall ranging in height from 6 feet to 10 feet, on or within 10 feet
of the front property line. She explained that from the front property line to the closest
portion of the main structure, a wall could be no higher than 4 feet 6 inches. She said
that from the front of the main structure extending the full width of the lot, running back
toward the rear of the property, a wall may be higher than 4 feet 6 inches and any wall 6
feet or higher was required to obtain a building permit.
Staff finding of facts:
• The proposed wall will match the architecture of the existing home.
• The wall will match or blend with the proposed wall that Mr. Blair, the
neighbor to the south has proposed to build.
• Property line walls are allowed without permit or approval up to 4 feet and
6 inches.
• This addition should not pose any other zoning issues.
There was discussion regarding:
• The height of the sound abatement walls Oro Valley intended to install on
other properties in the neighborhood.
• When and how was it determined which section of 1st Avenue would get
the noise barriers.
• The proposed wall gate height.
• Could noise be considered a contributing factor in a special circumstance?
Chair Parisi opened the public hearing and swore in all witnesses that were intending to
testify.
Bill Adler, 10720 North Eagle Eye Place, stated that walls had virtually no impact on
noise and that there was no such thing as sound abatement with walls. He explained
that the only thing that would absorb sound was earth and berm. He stated that the
05/23/06 Board of Adjustment 4
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Board should review the request objectively and adhere to the Zoning Code because he
did not believe all of the five standards had been met.
Julianne Herrera, 501 East Monaco Place, said that he had no problem with the
variance as long as it improved the area and was aesthetically pleasing and was made
of good quality materials. He explained that he did have some concern with the Hayes'
water line on the northeast corner of the property. He explained that because the line
encroached onto his property, he hoped that staff would look into the matter.
Harvey Blair, 11355 North 1st Avenue, was in support of the variance request and
believed the wall would improve the appearance of the area.
Chair Parisi closed the public hearing.
Mr. Hayes stated that the special circumstances did apply to the topography because
his home did sit on a hill which was affected more by the sound of traffic than the lower
line properties.
MOTION: Member Kessler moved to approve Case No. OV10-06-05, a request to build
a wall varying in height from 6 feet to 10 feet on the front property line for R1-144 zone,
located at 11425 North 1st Avenue. Vice Chair Schannep seconded the motion. Motion
carried, 3-1, with Member Hickey opposed.
3. CASE NO. OV10-06-06: ROBERT PAGE, ARCHITECT REPRESENTING
JANA AND BRIAN DAVIES, REQUEST FOR A VARIANCE FROM THE TYPE
"B" BUFFER YARD (MIN. 15'); ELIMINATE REQUIRED SCREENING AND
REDUCE REQUIRED 40' BUILDING SETBACK TO 20' ALONG THE NORTH
PROPERTY LINE ABUTTING AN R1-144 ZONE. SUBJECT PROPERTY:
(PARCEL 225-51-0130) 7780 N. ORACLE ROAD, ORO VALLEY,AZ 85704
Chair Parisi opened the public hearing and swore in all witnesses that were intending to
testify.
Robert Page, the architect for the project reviewed the variance request application. He
explained that the applicant was requesting a variance from a Type "B" buffer yard to a
Type "A" buffer yard along the north property line between R1-144 and R-S zones. He
reported that this would eliminate 5 feet of the screening required along the north
property line between R1-144 and R-S zones and reduce 40 feet of building setback
along the north property line to a 20 feet setback.
Senior Zoning Inspector Dee Widero reviewed the report. She explained that Robert
Page, the architect for the property owners had designed and submitted two concept
plans for the site. She explained that the first site plan met the zoning requirements; The
second plan was more desirable to the owners but requires a variance approval. She
said that site plan #2 was a court yard setting, confining the business activity to the
center of the complex and, providing an enjoyable area for the future tenants as well as
being less intrusive to abutting properties. However, she explained that in order to
construct the proposed site plan #2, the builder would need relief from the required 40
foot setback. She explained that the applicant was asking to encroach by 20 feet into
05/23/06 Board of Adjustment 5
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the required setback along the north property line only. She reported that the plan did
meet all other required setbacks. She explained that the required Type "B" buffer yard
was per Section 27.6.E Table 27.7 and Table 27-11, requiring at minimum a width of 15
feet; the request was to reduce to a type "A" with a 10 foot minimum width, per Table
27-10 (the same table is required along the south property line.) In addition, she
explained that the applicant was also requesting to eliminate the 5 foot screening
requirement along the north boundary line completely, but that the screening was not
required along the south property line, however; it was required at the east or rear of the
property.
Staff finding of facts:
• The two plans submitted are concept plans only, and there may be other
conditions that do not meet Code, that will be addressed with a later
process.
• All variance requests are solely for the north property line. The applicant
will meet the requirements of all three issues on the south and east
boundaries.
• The parcel to the north is vacant and undisturbed.
• A 10 foot minimum buffer yard is the requirement for the south boundary
and at least a 15 foot is required on the east. The plan meets Code on the
east boundary.
• Screening is a requirement for the north and east side; The plan meets
Code on east boundary.
• The proposed construction will be built to architecturally match and
enhance the existing building on site.
• The applicant has submitted a plan #1 that is in compliance.
• The General Plan supports commercial and development to the north on a
site fronting Oracle Road.
Discussion followed regarding:
• Changing the 40 foot setback requirements.
• The modification of the buffer yard requirements.
• If the request to eliminate the 5 foot screen was denied would the wall be
extended only to the new building project or would it be extended to the entire
length of the north side of the property?
• The difference between the landscaping and the buffer.
• Non-Conforming Use.
• The differences between Type "A" and Type "B".
MOTION: Vice Chair Schannep moved to approve Case No. OV10-06-06, in regards to
reducing the required 40 foot building setback to 20 feet along the northern side, but not
the granting of a variance for the screening. Member Kessler seconded the motion.
Discussion: Vice Chair Schannep explained that he had no problem in recommending
the reduction in the setback because of the existing building setbacks. He explained
that he did have some concerns regarding granting something special that might affect
future owners in the northern corridor of the neighborhood and their quality of life.
05/23/06 Board of Adjustment 6
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Chair Parisi opened the public hearing. There being no speakers, the public hearing
was closed.
AMENDMENT TO MOTION: Vice Chair Schannep moved to allow the Type "A" buffer
yard 10 foot minimum as opposed to the Type "B" buffer yard at the 15 foot minimum
that is required that has been requested. Member Kessler seconded the motion.
Member Kessler stated that it was difficult to make a ruling on an assumption, but if the
Board wanted to keep it to a minimum, then she did not have any objection to
eliminating the 5 foot required screen wall.
Chair Parisi agreed about leaving the screen because the screening could be removed
if the northern property became a commercial property.
MOTION with amendment carried, 4-0.
4. PLANNING AND ZONING UPDATE
Planning and Zoning Administrator Sarah More announced the following upcoming
meetings and projects:
• The Arizona Department of Commerce would be sponsoring their annual Boards
and Commission Conference in the Phoenix metro area in November.
• The Town Council was currently reviewing the budget for the Fiscal Year
2006/2007.
• Planning and Zoning is fully staffed after several months of being short staff.
• Staff and the Planning and Zoning Commission are currently working on the
departments' Work Plan.
ADJOURNMENT
MOTION: A motion was made by Member Hickey to adjourn the meeting at 4:37 p.m.
Member Kessler seconded the motion. Motion carried, 4-0.
Prepared by,
Linda Hersha, Office Specialist