HomeMy WebLinkAboutOV100502 ORO VALLEY PLANNING AND ZONING DIVISION
BOARD OF ADJUSTMENT REPORT
CASE NO: OV 10-05-02
Hearing Date: February 22, 2005
Agenda Item No.: 1
Prepared By: Dee Widero, Senior Zoning Inspector
REQUEST: JOHN & DIANE HARNED, 1721 W. PLACITA SALTON, ORO VALLEY,
AZ 85737, REQUEST FOR A VARIANCE ENCROACH 5' INTO THE
REQUIRED 15' SIDE YARD SETBACK FOR RANCHO FELIZ
SUBDIVISION,LOT 453. SUBJECT PROPERTY: (PARCEL 224-40-0420).
REQUEST SPECIFICS:
John & Diane Harped are requesting to encroach 5' into the 15' side yard setback to allow
construction of a two-car carport attached to the front of the existing house.
SITE LOCATION:
This site is located in the Rancho Feliz subdivision. The site can be reached by traveling north on La
Canada Drive to Lambert Lane, turn west (left) travel approximately 1/3 mile, turn south (left) at
Rancho Sonora Drive follow around to the second street, Placita Salton turn west (right) the home is
at the end of the street, and has a notice of hearing posted to the right of the driveway.
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.
The applicant submitted with his application a letter of support, from the neighbor directly west of
his parcel. At the time of this report preparation, staff had not received any other public comment in
support of or in opposition to the request.
SITE ANALYSIS:
Rancho Feliz is a 205-lot subdivision, recorded Pima County in 1980, zoned CR-1. The Town of
Oro Valley annexed this subdivision in 1992, translating the zoning to R1-36. Surrounding
properties are: North - Lambert Lane; South — Canyon Shadows, zoned R1-7; Southwest — Lomas
De Oro, zoned R1-144; West—Private parcels, zoned R1-144; East—La Canada Drive; Northeast—
undeveloped parcel zoned CN. Subject property, lot 453, has 15 to 25% slopes throughout the
parcel; from the rear of the back yard to the rear property line, it falls drastically. No disturbance to
the natural vegetation has taken place, from the immediate back yard to property line. The front also
has 15 to 25% slope that drops from where they currently park in front of their home to the street.
That slope is also undisturbed.
PLAN ANALYSIS:
The applicant is proposing to encroach into the side yard from the required 15' to 10' from the side
property line, in order to build a two-car carport at the front of his home. The existing home was built
in 1983, with Pima County setbacks for CR-1, which are front 30', side 10', rear 40'. The setbacks for
R1-36 are front 30', side 15', and rear 40'. The north corner of the existing home has a setback of 11',
per OVZCR, it is encroaching into the side yard setback by 4'. The existing slope and natural
vegetation in the front will not be disturbed or destroyed from the proposed construction. During staff
review with the applicant, we discussed the option of placing the carport five feet east, to avoid a
variance. The answer to our question was: the proposed location for the carport would not be seen
from the road; and if moved further east would obstruct the view from the living room window.
SUMMARY:
Staff finding of facts:
• The home was built in 1983; the applicant is the original owner.
• The existing home was built to meet the Pima County 10', side yard setback.
• The existing home was built on the only flat area of this lot, beyond the immediate home and
yard, all the property has been left in its natural state.
• This proposed addition does 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.
2
SUGGESTED MOTION:
The Board may wish to consider the following motions:
I move to approve OV10-05-02, a request to encroach into the side yard setback from the required
15 feet to 10 feet, for the two-car carport addition only.
OR
I move to approve OV10-05-02 as submitted by the applicant with the following stipulations:
(Staff does not have any stipulations to recommend).
OR
I move to deny OV10-05-02 finding that: (Board to state reason why the variance cannot be granted).
ATTACHMENTS:
1. BOA application/appendices
2. Location map
3. Site plan
4. Letter of support
F:\O V\OV 10\2005\I 0-05-02\REPORT.doc
3
Tki VVN OF ORO VALLL Y
PLANNING DEPARTMENT
11000 N.LA CANADA DRIVE ORO VALLEY,AZ 85737
PHONE: 229-4800 FAX: 742-1022
RECEIPT
******************************************************************************
REFERENCE NUMBER: DS0500038 RECEIPT #05P00046
SITE ADDRESS: TAXCODE:
DATE: 01/27/2005 TIME: 08:14 AM
COMP TYPE: MISCELLANEOUS RECEIPT TYPE:
DESCRIPTION: BOA SUBMITTAL
APPLICANT: JOHN&DIANE HARNED OWNER:
Notation: Receipt By: SG
*******************************************************************************************
SG
PAID BY:
Type Method Description
Amount
Payment Check 101 150 . 00
TOTAL: 150.00
FEES PAID:
Description Account Code Current Pmts
Board Of Adjustment 001-000-408 150.00
TOTAL: 150.00
Account#:
Ending Balanc
•
oAPky
JP��EY qq/� TOWN OF ORO VALLEY
PLANNING& ZONING DIVISION
�\ f, ; . 11,000 N.LA CANADA DRIVE, ORO VALLEY AZ 85737
Phone: (520)229-4800 Fax: (520) 742-1022
F0U7E79-1 a
BOARD OF ADJUSTMENT APPLICATION
FOR: X_Zoning Variance Note: Submittals are due by noon
Zoning Interpretation
Appeal of Administrative Decision CASE NO.: .,;Q VrC - C)3 C .�
NATURE OF REQUEST:
_S1J frt.'CY(-5T/14a, +4211.. .aJ
APPLICANT: volt k.. 'IV: ^ • ....of Alf!;_ *As- 14.p.
PHONE: FAX:
ADDRESS: , ,
7
OWNER: . 11eel
ADDRESS:
PROPERTY LOCATION FOR VARIANCE REQUEST: j 7_af____W_M , TD'\,(
PARCEL#12 4-4--0(f 4!7 LEGAL DESCRIPTION: 3
CURRENT ZONING: f.f APPLICABLE FEE: 4S2, of7a)
ATTACHMENTS: ilk..:'ea.i►l _�► 1/;Ait _ t 1 ....f=0; aill 1'
AtO'Rt-A-t—BI.elzRr , !*r M
SIGNATURE OF APPLICANT (ALSO PRINT NAME) DATE
IA19, JOi4N1H
1
SUPPLEMENTAL QUESTIONS FOR APPLICATION FOR A VARIANCE
1. 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?
--?-6e#ALTrt;V10b-"rt'4 . ` I C `o i
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B. Are there special circumstances that exist that are not self imposed or created by the
owner/applicant?
YAP
K.R4eCt-roi,
�l �hIMAS 11
--M14-11RTIO P 434
C. Is the authorizing of the variance necessary for the preservation and enjoyment of
substantial property rights?
GA-4tI5 MOP (0
Cl*C "-PtITTO;1)411( f
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?
Apppo\114,-
IG;13- qfrTi » D.
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.
r
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2
Appendices
Appendix A
Placement to the East or West of house would infringe on the side yard setback
requirement. Also, there are steep dropoffs on both sides of the house. In the
rear there is a steep slope within 4 feet of the patio, which drops about 10 feet
vertical distance and then a more gradual slope for an additional 12 feet vertical
height.
Appendix B
Construction of the house was completed in February 1983 with the northwest
corner of the dwelling 10 feet from the property line in question. The Pima County
zoning at the time was CR-1 with a side lot requirement of 10 feet. The current
owner purchased the property in Nov 1983. In Jan 1986 the existing carport was
enclosed to become interior living space, with the expectation that a replacement
carport could be constructed at a later date. That issue was discussed with Pima
County during the building permit application process at the time. In Dec 1989,
the property was annexed to the Town of Oro Valley. In Apr 1990 the zoning
classification was translated to R1-36, which has a side lot requirement of 15
feet.
Appendix C
The carport would provide cover for the vehicles and covered access from the
main entrance of the house.
Appendix D
Other more level lots in the same development have added attached or detached
carports and garages, home additions, and workshops. It is the topography and
the fact that it is located on a cul de sac which makes it difficult to utilize this lot to
the same degree.
Appendix E
Although substantially better access to the front entrance of the house could be
achieved with a minimum side yard setback of 5 feet, we are only requesting the
10 foot setback in effect at the time the house was constructed. The house which
shares the same property line, is set back about 60 feet, and the owner has
expressed support for this application in an attached letter.
We chose a flat-roof carport rather than a garage so the addition will be less
obtrusive and the construction will use slump block posts matching the house.
The carport will be virtually hidden from the street behind a 6 foot hill topped with
7 feet of vegetation, and we are providing visual screening behind the carport
along the property line in question.
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Lot Information Window Page 1 of 1
Lot information Request Results
14* Parcel Number:224400420
'' For more detailed information regarding this parcel,please click here..
Street Address:
1721 W PLACITA SALTON OV
41
4 Current Mailing Address:
=o70 HARNED JOHN H & DIANE G JT/RS
,
r, 1721 W PLACITA SALTON
TUCSON AZ
857370000
Legal Information:
OV
RANCHO FELIZ LOT 453
Subdivion Plat Book and Page:: 31092
View Subdivion Plat_from.._Pima County
'1i'
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.
Oro Valley Zoning Code:R1-36
Zoning Code Explanation:Single Family Residential 1.2 RAC
i 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 School District Website.
��tLEY pRi
° `°v 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
no expressed or implied warrantyis made regarding their accurac While everyeffort has been made to ensure the accurac p p" g g Y- y,
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
"°�rvc��� 111000 N La Canada Drive,Oro Valley Arizona 85737.
http://gis:5300/aspsites/planner/psearch2.asp?PARCEL=224400420&ADDR=&B 1=Sub... 01/31/2005
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January 25, 2005
Board of Adjustment
Town of Oro Valley
11000 N La Canada Drive
Oro Valley AZ 85737
As owner of Rancho Feliz Lot 452, I support the application of John and Diane Harped
for a zoning variance reducing the side lot setback requirement at our common lot line
from 15 feet to 10 feet in order to construct a carport.
Steven Roth
Oro Valley AZ 85737
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, February 22, 2005, 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:
OV10-05-02: JOHN AND DIANE HARNED, 1721 W. PLACITA SALTON, ORO
VALLEY, AZ 85737, REQUEST FOR VARIANCE TO REDUCE
THE REQUIRED SIDE YARD SETBACK FROM 15' TO 10', IN
ORDER TO ADD AN ATTACHED TWO CAR CARPORT TO THE
EXISTING HOME. SUBJECT PROPERTY: (PARCEL #224-40-
0420) 1721 W. PLACITA SALTON, ORO VALLEY, AZ, 85737.
The applicant requests to reduce the 15' setback to 10' for his proposed carport addition.
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.
Post -J - 1-31-05
Time: 11: 30 a.m.
REQ: ry t M. Nodine, AICP By: s g
AFFIDAVIT ♦'r PUBLICATION
STATE OF ARIZONA)
:ss.
COUNTY OF PIMA )
being first
r=tUDREY SM I TH
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
NOTICE OF PUBLIC
HEARING OV I C_05.02
JOHN ' pANDED I�AANEHARNE
1721 W 1 W. C--LACITA
SALTON ET AL.
was printed and published correctly in the regular and entire issue of said THE
1
DAILY TERRITORIAL for issues; that was first made
2nd FEBRUARY 05
on the day of 20
2n d
and the last publication thereof was made on the day of
FEBRUARY 05
20 ; that said publication
was made on each of the following dates, to-wit:
02/02/05
Request of
TOWN OF ORO- VALLEY
Daily Territorial
CALK6J\sL9
-y\s,4-- \- ---
ribed and sworn to befo this day of
20 2nd FEBRUARY
05
`n1Ari b e a unty of Pimp, ate o a
,,. . JAMIE C. MACIAS
My Commission Expires: EtiTA Notary Public-Arizona
; \ I
Lit 1Pima County
Expi
res 02/04/08
NOTICE OF PUBLIC HEARING
BEFORE THE ORO VALLEY
BOARD OF ADJUSTMENT
In accordance witn Sec. 1-708 of the
Oro Valley Zoning Coae Revised and
Arizona Revised Statutes Sec. 9-
462.06,
NOTICE IS HEREBY GIVEN tnat the
Oro Valley Board of Adjustment will hold
a public hearing on Tuesday,February
22,2005,commencing at or atter 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:
OV10-05-02:JOHN AND DIANE
HARNED,1721 W.PLACITA SALTON
ORO VALLEY, AZ 85737, REQUEST
FOR VARIANCE TO REDUCE THE
REQUIRED SIDE YARD SETBACK
FROM 15'TO 10'.IN ORDER TO ADD
AN ATTACHED TWO CAR CARPORT
TO THE EXISTING HOME. SUBJECT
PROPERTY:(PARCEL#224-40-04201
1721 W. PLACITA SALTON. ORO
VALLEY.AZ.85737.
The applicant requests to reduce the 15'
setback to 10'for his proposed carport
addition.
Site plans are available for review dur-
ing 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 represent-
ed.Any person seeking further informa-
tion on this request for a variance may
contact Dee Widero 229-4812 or e-mail:
dwidero@orovalley.net.
REQ: Bryant M.Nodine,AICP
Pub:The Daily Territorial
February 2,2005
Req:Town of Oro Valley
hrFeb22ov10-05-02 a.s
NOTICE OF PUBLIC HEARING BEFORE THE
ORO VALLEY BOARD OF ADJUSTMENT
In accordance with Sec. 1-708 of the Oro Valley Zoning Code Revised and Arizona Revised Statutes Sec. 9-
462.06,
NOTICE IS HEREBY GIVEN that the Oro Valley Board of Adjustment will hold a public hearing on Tuesday,
February 22, 2005, 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:
OV10-05-02: JOHN AND DIANE HARNED, 1721 W. PLACITA SALTON, ORO VALLEY, AZ
85737, REQUEST FOR VARIANCE TO REDUCE THE REQUIRED SIDE YARD
SETBACK FROM 15' TO 10', IN ORDER TO ADD AN ATTACHED TWO CAR
CARPORT TO THE EXISTING HOME. SUBJECT PROPERTY: (PARCEL #224-
40-0420)1721 W.PLACITA SALTON,ORO VALLEY,AZ,85737.
The applicant requests to reduce the 15'setback to 10'for his proposed carport addition.
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. 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,
February 22, 2005, 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:
OV10-05-02: JOHN AND DIANE HARNED, 1721 W. PLACITA SALTON, ORO VALLEY, AZ
85737, REQUEST FOR VARIANCE TO REDUCE THE REQUIRED SIDE YARD
SETBACK FROM 15' TO 10', IN ORDER TO ADD AN ATTACHED TWO CAR
CARPORT TO THE EXISTING HOME. SUBJECT PROPERTY: (PARCEL #224-
40-0420)1721 W.PLACITA SALTON,ORO VALLEY,AZ,85737.
The applicant requests to reduce the 15'setback to 10'for his proposed carport addition.
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.
UV1O-O5-Ok
NOTICING
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AGENDA
ORO VALLEY BOARD OF ADJUSTMENT
REGULAR SESSION
FEBRUARY 22,2005
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 December 28,2004
AT THE CALL OF THE CHAIR,THE AGENDA ITEMS MAY BE TAKEN IN ANY ORDER, AS DEEMED
APPROPRIATE.
PUBLIC HEARINGS:
1. CASE NO. OV10-05-02 JOHN AND DIANE HARNED REQUEST A VARIANCE TO ENCROACH INTO
THE REQUIRED 15 FOOT SIDE YARD SETBACK FOR RANCHO FELIZ SUBDIVISION, LOT 453.
SUBJECT PROPERTY IS LOCATED AT 1721 WEST PLACITA SALTON, ORO VALLEY,AZ 85737
(PARCEL#224-40-0420)
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: 02/16/05
4:30 p.m.
Ih
MINUTES
ORO VALLEY BOARD OF ADJUSTMENT
REGULAR SESSION
FEBRUARY 22,2005
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
Matt Adamson, Member
Bill Adler,Member
Bart Schannep,Member
MINUTES Approval of the Minutes of December 28, 2004.
Member Adler requested that the December 28, 2004 minutes reflect that the acting Chair
changed the order of the meeting itinerary by moving the staff report forward on the agenda in
order to introduce a consideration to the Board that was pertinent to the case _
MOTION: Member Schannep moved to accept the December 28,2004 minutes with the
changes requested by Member Adler. Vice Chair Kessler seconded the motion. Motion carried,
5-0.
PUBLIC HEARINGS:
1. CASE NO. OV10-05-02 JOHN AND DIANE HARNED REQUE ST A VARIANCE
TO ENCROACH INTO THE REQUIRED 15 FOOT SIDEYA1 -D SETBACK FOR
RANCHO FELIZ SUBDIVISION, LOT 453. SUBJECT PROPERTY IS
LOCATED AT 1721 WEST PLACITA SALTON, ORO VALLEY, AZ 85737
(PARCEL #224-40-0420)
John and Diane Harped are requesting to reduce the minimum sideyard setback from 15 feet
to 10 feet in order to allow the creation of a 2-car carport structure that would be attached to
the front of the existing home. Mr. Harne d explained that due to the sli ape of the lot and the
topography,he felt it would be difficult to develop any alternative locations for the carport on
the property.
Member Adler pointed out the objectives (5 Criteria's) and explained that these finding were
essential to how the Board decided the approval or disapproval of a var fiance. He asked if
Mr. Harried could expand on his response to "Item C" in the criteria wl`rich reads, "Is the
authorizing of the variance necessary for the preservation and enjoyment of substantial
property right?"
Mr. Harmed reported that there had been several revisions made over years to the home
such as, enclosing the existing carport,butt that the homes zoning locat ion was listed at the
time in pima County; and because the property was annexed into the T1 own of Oro Valley,
the sideyard setback requirements changed, therefore, placing him in this situation.
C 2/22/G
MINUTES 2
BOARD OF ADJUSTMENT
REGULAR MEETING
Dee Wider() reported that John and Diane Harped were proposing to encroach into the
sideyard from the required 15 feet to 10 feet from the side property line, in order to build a 2-
car carport at the front of the home. She reported that the home was built in 1983,with Pima
County setbacks for CR-1, and the north corner of the existing home has a setback of 1 1 feet
per OVZCR which was encroaching into the sideyard setback by 4 feet. She said the existing
slope and natural vegetation in the front would not be disturbed or destroyed from the
proposed construction. She reported that during staff review with the applicant,there was
discussion regarding the option of placing the carport five feet east,to avoid a variance_ The
answer to staff's question was: The propo sed location for the carport would not be seen from
the road; and if moved further east it would obstruct the view from the living room window.
Staff finding of facts:
• The home was built in 1983; the applicant is the original owner_
• The existing home was built to meet the Pima County 10 feet, sideyard setback.
• The existing home was built on the only flat area of the lot,beyond the immediate
home and yard, all the property has been left in its natural state.
• This proposed addition does not pose any other zoning issues.
In answer to a question from Member Adler, Acting Town Attorney Joe Aridrews explained that
the property would be considered a legal non—conforming use as it pertained to the 4 foot
intrusion into the sideyard setback.
Member Adler explained that the Zoning Code allowed"minor alteration" to a"legal
non-conforming use",but he felt"minor alternations"had not been clearly defined leaving this
section of the Zoning Code at best, "arbitrary". He requested that staff submit this section of the
Zoning Code to the Planning Commission for review. Also, he recommended that this issue be
placed on the commission's work plan, so that additional language could b e added for
clarification. He said, in his opinion,making a minor addition to a"legal non-conforming use"
was a minor alteration, therefore,should not require a variance.
Chair Hickey opened the public hearing.
Susan Hess, 1711 West Placita Salton, spoke in support of the request for the variance and felt
that the revision would be aesthetically pleasing.
Chair Hickey closed the public hearing.
Member Schannep stated that he could see no reason not to support the variance request. He
explained that the Harned's were the original owners and had purchased the property with the
understanding he would be allowed to construct the 2-car carport under P irna County zoning
regulations, which were later changed by the Oro Valley annexation. He stated that he
agreed with Member Adler that it was a further infringement, but that it did not affect the
applicant's "non-conforming legal use" status. He agreed that the revision would enhance the
appearance of the neighborhood.
MOTION: Member Schannep moved to approve Case No. OV10-05-02, a request to encroach
02/22/Of MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING
into the sideyard setback from the required 15 feet tc 10 feet, for the 2-car cai port addition only.
Member Adamson seconded the motion.
Discussion: Member Adler stated that the topography of the land was not re sponsible for the
hardship, but that the design of the home was responsible for the problems. a-le explained that
the home was designed to virtually preclude any expansion, however,the family purchased
the home anticipating the need for expansion. I-Ie said the land did have sons e constraints which
had been dealt with at the time of construction, but when a property was ann.exed
into Oro Valley, the Town's Zoning Code was i ustified,therefore,he would be unable to support
the variance request.
Member Schannep stated that he believed the hardship was in fact created by Oro Valley. He
the home was built, the applicant had the ability to males.e changes to the
explained that when
home and remain in compliance with Pima County's legal sideyard setbacks, but that ability was
eliminated when the annexation of the home into Oro Valley occurred.
Chair Hickey stated that he believed all 5 Criteria had been met and because of the rezoning
from Pima County to the Town of Oro Valley, he felt this issue had introduced many changes.
He said he fully supported Member Adler suggestions and concerns,but the>se issues would be
addressed at a future meeting.
ROLL CAI.I_, VOTE
Chair Hickey -- aye
Vice Chair Kessler - aye
Member Schannep — aye
Member Adler - nay
Member Adamson — aye
MOTION curried, 4-1, with Member Adler opposed.
PLANNING AND ZONING UPDATE
No report.
Member Adler requested that staff help the Board understand the business of annexations and
it's impact on the 5 Criteria the Board deliberates over,because the 5 Criteria did not seem to
address the impact resulting in annexations.
ADJOURNMENT
MOTION: vice Chair Kessler moved to adjourn the meeting at 3:40p.m. 'The motion was
seconded by Member Adamson. Motion carried, 5-0.
Respectfully submitted,
>/z4C/)/(L.____
i1 da Hersha, Secretary