Loading...
HomeMy WebLinkAboutOV100507 ORO VALLEY PLANNING AND ZONING DIVISION BOARD OF ADJUSTMENT REPORT CASE NO: OV 10-05-07 Hearing Date: August 23, 2005 Agenda Item No.: 2 Prepared By: Dee Widero, Senior Zoning Inspector REQUEST: RAYMOND YBARRA FROM SIGNATURE DESGN STUDIO REPRESENTING RUSSELL AND HEIDI TRONSTAD, REQUEST FOR A VARIANCE TO EXCEED THE REQUIRED HEIGHT OF 18 FEET, PER THE ORO VALLEY ZONING CODE REVISED (OVZCR), SECTION 23.4 TABLE 23-2A FOR R1-36 ZONE, TO A HEIGHT OF 22.6 FEET. SUBJECT PROPERTY: (PARCEL 224-02-1170) 460 E STRADA PATANIA, ORO VALLEY,AZ, 85737. REQUEST SPECIFICS: Russell & Heidi Tronstad are requesting to exceed the R1-36 zone height requirement of 18 feet by 4.6 feet, to build a 2882 square foot remodel/addition. SITE LOCATION: This site is located in the Tangerine Hills subdivision. The site can be reached by traveling east from La Canada Drive on Naranja Drive to Mandarin Lane, turn north (left), continue on Mandarin Lane to Strada Patania turn east(right) follow around to the 460 E. Strada Patania on the south(right) side of the street,the site has a notice of hearing posted at the front of the property. NOTIFICATION: All property owners within 300 feet of this property were notified by mailing of this hearing. The property is posted with a notice of hearing and the hearing was advertised in the Daily Territorial. At the time of this report preparation, staff had one inquiry August 8, 2005, from the neighbor to the west Mr. Charles Gains. Staff has not received any other public comment in support of or in opposition to the request. SITE ANALYSIS: Tangerine Hills is a 117-lot subdivision, recorded Pima County in 1979, and was zoned CR-1. The Town of Oro Valley annexed this subdivision in 1994, translating the zoning to R1-36. Subject property, lot 68, has a slight slope of approximately 4 to 6 feet to the east side of the lot. No disturbance to the natural vegetation has taken place from the immediate back yard to the rear property line. PLAN ANALYSIS: The applicant is proposing to add additional square footage and remodel the existing home. The proposed plan is a Santa Fe style home and will exceed the height allowed by four and one half feet. The existing home was built in 1980, as a 2421 square foot one story building, in compliance with Pima County standards for CR-1. The new addition of 2882 square feet would still meet Pima County standards, and meets Oro Valley requirements except for the height. The natural vegetation in the rear will not be disturbed or destroyed from the proposed construction. SUMMARY: Staff finding of facts: • The original home was built in 1980; per Pima County standards, annexation did restrict height to 18' versus 24'. • Staff did a survey of the neighborhood (pictures in packet), the majority of the homes are single story; several homes are 18' or higher in height; only a small number (4-6) are two story. • The Town of Oro Valley has no record of a Home Owners Association for Tangerine Hills. However, neither Pima County nor the Town of Oro Valley governs over Covenants/Codes/Restrictions (CCRs). • If this request is approved by the Board of Adjustment, due to the second story, the owner will be required to apply for approval from the Development Review Board(DRB). • 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 OV 10-05-07, a request to exceed the required building height of 18' by 4.6', in order to build a remodel/addition. OR I move to approve OV 10-05-07 as submitted by the applicant with the following stipulations: (Staff does not have any stipulations to recommend). OR I move to deny OV 10-05-07 finding that: (Board to state reason why the variance cannot be granted). ATTACHMENTS: 1. BOA application/appendices 2. Location map 3. Site plan F:\ov\ov10\2005\10-05-07\REPORT.doc 3 4 oQo�PttEY A �O� TOWN OF ORO VALLEY PLANNING & ZONING DIVISION \ !� > 11,000 N. LA CANADA DRIVE, ORO VALLEY AZ 85737 . rJ_ff,r^ : Phone: (520) 229-4800 Fax: (520) 742-1022 °UNDED g1 BOARD OF ADJUSTMENT APPLICATION FOR: Zoning Variance Note: Submittals are due by noon Zoning Interpretation Appeal of Administrative Decision CASE NO.: NATURE 9lf REQUEST: 1 I t krL+ - 41( c-C1 ki a js. . APPLICANT: PHONE: Oi0`�" - 4 J FAX: -_®' t ADDRESS: `1�c 0, (3C$ (?) O1 I�C�jo - is\ OWNER: ADDRESS: PROPERTY LOCATION FOR VARIANCE REQUEST: '7 , UP\t e PARCEL#: D2 - 17a,EGAL DESCRIPTION: ] CURRENT ZONING: I Li APPLICABL ' FEE: 4 0° ATTACHMENTS: SIGNATURE OF APPLICANT (ALSO PRINT NAME) DATE n I 1 , d 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? B. Are there special circumstances that exist that are not self imposed or created by the owner/applicant? C. Is the authorizing of the variance necessary for the preservation and enjoyment of substantial property rights? 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? 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. 2 ADDITIONAL INFORMATION: The most current available list of property owners within 300' from the Pima County Assessor's Office and the date such list was obtained. 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 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. ARTICLE 1-7. BOARD OF ADJUSTMENT Sec. 1-701 Scope The Board of Adjustment shall hear and decide requests for variances and appeals of interpretations of this Code in accordance with A.R.S., Section 9-462.06. Sec. 1-702 Powers and Duties A. Interpretation The Board of Adjustment shall interpret this Code on appeal when: 1. There is a dispute between the appellant and the Planning and Zoning Director or other Town Official as to a decision or interpretation as set forth in Sec. 1-706; or 2. The location of a zoning district is in doubt. B. Variances The Board of Adjustment may allow variances from the provisions of this Code in accordance with Sec. 1-709, Findings. Sec. 1-703 Meetings, Administration of Oaths and Compelling Attendance of Witnesses All meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. All meetings of the Board shall be open to the public. The Chairman, or in his absence, the acting Chairman, may administer oaths and compel the attendance of witnesses in accordance with the 3 laws of the State of Arizona. Sec. 1-704 Composition A. Appointment: The Board of Adjustment shall be composed of five members appointed by the Town Council. B. Terms: Appointments are for staggered terms of two years each with no limit on the number of terms. C. Vacancies: Vacancies shall be filled for the unexpired portion of that term within a reasonable time period as provided for by appointments of the Town Council. D. Removal: The Town Council has the authority to remove, by majority vote, any member for neglect of duty, inefficiency or misconduct in office. Sec. 1-705 Transaction of Business A. The Board of Adjustment shall conduct its business in accordance with the Arizona Revised Statutes and applicable Town regulations and any rules and procedures as adopted by the Town Council. B. The Town Clerk, or an appointed representative from the Town Clerk's office, shall serve as the Executive Secretary of the Board of Adjustment and the minutes and records of all board proceedings will be kept and filed as public record in the files of the Town Clerk. Sec. 1-706 Appeals from Administrative Decisions Appeals may be taken to the Board of Adjustment by persons aggrieved or by any officer, department, board or bureau of the municipality affected by a decision of an administrative official, within 30 days, by filing with the officer from whom the appeal is taken, and with the Board of Adjustment, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit all papers constituting the record upon which the action appealed from was taken. Said appeal shall be filed on a form provided by the Town Clerk. A. An appeal shall stay all proceedings in the matter appealed from unless the officer from whom the appeal is taken certifies to the Board that, by reason of the fact stated in the certificate, the stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by restraining order granted by the Board or by a court of record on application and notice to the officer from whom the appeal is taken. The Board shall fix a reasonable time for hearing the appeal and give notice thereof to the parties in interest and the public. B. The concurring vote of a majority of the Board shall be necessary to reverse any order or decision of an administrative official, or to pass or to affect any variations from the terms and conditions of this ordinance. 4 Sec. 1-707 Application for Variances Application for a variance of zoning regulations shall be made to the Board of Adjustment in the form of a written application. Said application shall be filed with the Town Clerk upon forms provided by the Board of Adjustment and shall be accompanied by: A. Plans and description sufficient to indicate the nature of the project involved and the proposed use with ground plans and elevations of all proposed buildings. B. Evidence satisfactory to the Board of Adjustment of the ability and intention of the applicant to proceed with actual construction work in accordance with said plans within 6 months after issuance of the variance. C. A filing fee according to the fee schedule adopted by the Town Council. The owner of a nonconforming sign shall not be required to pay a filing fee when applying for a variance from the ordinance that renders the sign nonconforming. D. From the time of filing the application until the time of such hearing, the application and all maps, plans and other accompanying data shall be available for public inspection during office hours at the office of the Town Clerk. Sec. 1-708 Hearing and Notice Upon receipt in proper form of any such application, the Board of Adjustment shall proceed to hold a public hearing upon said application not more than 30 days, or less than 15 days, after such filing, at which time all persons shall be given an opportunity to be heard. Such Board of Adjustment shall cause one notice of such hearing to be published in a newspaper of general circulation in the Town of Oro Valley and one notice to be posted on the subject property, giving at least 15 days notice of said hearing, and the time and place where said hearing will be held. Said notice, both as published and posted, shall also show the nature of the variance or exception requested and state that anyone wanting to protest may appear in person or by writing. All property owners within 300 feet must be notified. Sec. 1-709 Findings A variance from the provisions of this Code shall not be authorized unless the Board shall find upon sufficient evidence: A. That there are special circumstances or conditions applying to the property referred to in the application including its size, shape, topography, location or surroundings which do not apply to other properties in the district; and B. That special circumstances were not created by the owner or applicant; and C. That the authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights; and 5 D. That any variance granted imposes such conditions as will assure that the authorizing of the adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located; and E. That the authorizing of the variance will not be materially detrimental to persons residing in the vicinity,to adjacent property, to the neighborhood or the public welfare in general. Sec. 1-710 Action The Board shall prescribe, in connection with any variance; such conditions as the Board may deem necessary in order to fully carry out the provisions and intent of this Code. Such conditions may include, among other things, a limitation of the time for which such variance shall be valid. Violation of any such condition shall be a violation of this ordinance and such violation shall render the variance null and void. Sec. 1-711 Review Any person aggrieved by a decision of the Board after hearing on application made by any taxpayer or municipal officer, may petition for a writ of certiorari to review the Board's decision pursuant to ARS Section 9-465 (1956) as amended. 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 6 ri UWN OF ORO VAI1I4E f PLANNING DEPARTMENT 11000 N.LA CANADA DRIVE ORO VALLEY,AZ 85737 PHONE: 229-4800 FAX: 742-1022 RECEIPT ***********************x******************** **************************xr**** REFERENCE NUMBER: DS0500307 RECEIPT #05P00381. SITE ADDRESS: 460 E STRADA PATANIA OV TAXCODE: 224-02-1170 DATE: 07/21/2005 TIME: 10:49 AM COMP TYPE: MISCELLANEOUS RECEIPT TYPE: DESCRIPTION: BOA HEIGHT VARIANCE APPLICANT: SIGNATURE DESIGN STUDIO OWNER: TRONSTAD RUSSELL E&HEIDI R JT/RS Notation: Receipt By: SG ************************************************************************4****************** SG PAID BY: Type Method Description Amount Payment Check 214 150 . 00 TOTAL: 150 .00 FEES PAID: Description Account Code Current Pmts BOA INDIVIDUAL FEE ITEM 001-000-408 150.00 TOTAL: 150.00 Account r � Request for a building height variance of 25 feet. 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. The property in question is lot 68 (Pima County) or 460 (OV) of the Tangerine Hills subdivision (address is 460 E Strada Patania). The property is on an acre lot, like most lots in this subdivision. The property has a small wash just west of the property line and a larger wash that makes up the eastern portion of the property. The ground drops about four feet to the east and south from the southeast corner of the carport/house towards this wash that is on the eastern portion of the property. The lot is also fairly unique to other properties in the district because it is somewhat "pie shaped" with the house and street on the wide side of the pie. This is unique to other lot shapes in our neighborhood because houses and streets on most cul-de-sacs are located on the narrow side of a pie shaped lot. This affords more space between the houses that are around the house that sits on this property than most of the other houses in this subdivision. B. Are there special circumstances that exist that are not self imposed or created by the owner/applicant. Yes, as described above in (A), the topography of the larger wash is a circumstance that is not self imposed or created by the owner/applicant. C. Is the authorizing of the variance necessary for the preservation and enjoyment of substantial property rights? When our home was solicited for annexation into Oro Valley the motto was, "Everything will be the same as we have now except we will have Oro Valley police protection. "Indeed, we have enjoyed very fine police protection that far exceeds anything we ever received from Pima County. However, transferring the most similar zoning of Pima County CR-1 to Oro Valley RI-36 for our neighborhood has resulted in some differences for building height restrictions. When we bought our house in 1991 and to this day, our Covenants/Codes/Restrictions (CCRs)for our subdivision have a building height restriction of 25 feet. Thus, authorization of this variance would greatly preserve the property rights (i.e., everything will be the same except for Oro Valley police protection) we bought into and for what was advocated when we signed a petition to be annexed by Oro Valley. Our CCRs have a 20 foot set-back to the street from our property line but we are complying with Oro Valley's RI-36 set-back of 30 feet from the street. J 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? Every other owner in our neighborhood who purchased his/her home prior to Oro Valley annexation had the same restrictions on building height as the owner/applicant. Thus, granting the variance will not constitute special privileges inconsistent with other home owners that bought in this subdivision prior to annexation. 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? It is difficult to imagine how granting the variance would materially affect the health, safety, and welfare of the neighborhood Our house has ample space between neighboring houses, and our proposed "new house"should have a positive impact on housing values in our neighborhood,particularly for houses that have been recently upgraded '1,(I. 1 165.9 . . . .. 000 V.00-1,41 • \ .+ • '- •..art'_ ak . k 46 • .. .. It 8,, 17 vi yi"�j v ...vim . I CO I •IRON f .. , t , i T.I.1'1.0. fir t. . • .• , V .:, ' e : • • . . . . . . . . , _ • . • ., ,.. .. ,:,,, .... ; 4., el*"..' .- ' ' •.•. .,....4,,...,.„u•.;‘,. 0%;•••-:-... . ".4 .....i..,..4 c.j!8.......,.:,.4,, ... ea.*, . _. _.._ . i 4l,pils,'64.1' :' . 4, * ' al-:.....'..'''. . '' - • ..I . .. 711- fi.V:Y.P.: 4;04, ..' N , V. ;:*',.,t:1:::' :,..,...:,t,...-:2,6:.-;.--:.' -,...:' ,...,..,,--.4r/I-1,,!:,. 4.:,..,:,:::..,:::.,,;./...4e';.:<_';',::1.• ',..••-• - r••,.. 'le ,. ,. .,.. , 0 . _ ,..,...,.i,,.*:;.,, , ,., 70(.... .. ... •..& to. • al. 'it(4/.40, I 7 •.y.t. A - . . 2, .._, „ ivi , • ..1. c. . i.\ / ��� 4 / 66' / go: 6)-1 . GC. a' r., ,.4,coo1 cis . ;I, . o ca c '. 4- s .- : -*. .?. \.2 ,,,,1 • Er Ir./,cr (2.3a 1 \ Q ; 5 CO-E • • �,�?�' GC0° x s 3\ - 59 . 0 60 ' ...., .... k e... :. 0 ..." fl#0/--.........„..... \ ia 50 ...... 0 0 -----__....._ 43°t•6)3 ' 4.*". ' 1 8 e NrI- -----i 1/11•112• 50• 142.a0� 1r12. a) • eritio I ••: I - - - - - TA*G •I . � , It 5 ' EA O`�7, 72 4j1 , ,, ,.. ,. ,., . . ., , . . . • , _..•,...:...._ ._ :; L 99-02P60 4 SUBDIVISION 1APA NO. .69._ at QYl t r.s. L• ..tv LOCK�v o. _________ T: •:erine Hills aoor,` . C I•N PAGE }4 E rI , PLAN-- ® 33_ 51 OWNSHI '` 12A - M/A�'Np iy7! U•S.HOmQ MAILING ADDR 13 2�1 ��• OWNER 6�t01 N. Montrose z1 coDE �HO7vI< Q 7 7 - -W Same MAILING ADDRESS US f 29 1-8266 �',x,t ON RACTOR ZIP CODE PHONE MAI LI 'II 1 e. y- ' Same .- • AR HI ECT.ENGINEER,OR D PHONE LICENSE NO. ' �«n ESIGN R MAILIN DRESS7671 4 • .. c DESCRIBE WORK ZIP CODE PHONE 3 OF NEW rALUA ION i ', , I2� 00 •9 WORK ____ GICM ESPECIAL CONDITIONS. ' ,, -■•. 1000 6`00 SEWER REF L `7 .... ,if USE ZONE c.. i�/ OCCUPANCY G.7 TYPE �- 2 ___ ,. �, OF CONST. FIRE ZONE NO.O D ,E LUNG BLDG.SIZE{S.F./ UNITS", MAX.OCC. LOAD i� NO-OF DRIES .T�, FIRE SPRINKLERS REG'. U.S.CENSUS DATA .THIS PERMIT BECOMES NULL AND VOID YES NO OFF STREET PARKING SPACES IF WORK OH CONS •• .= ,COVERED "1 � °r tSTRUCTION AUTHORIZED IS NOT COMMENCED _+.. UNCOVERED .CONSTRUCTION OR WORK IS SUSPENDED WITHIN 12p 1 '`'j F } + '• "� 'ABANDONED" - � . r :. FORA PERIOD OF 120 DAYS ATPEN ANY TIME OR conwECTEo conwEcrEo Pu►N��`i'ABAND WORK:IS COMMENCED. ^�uwnory cHEcic FEE,.t ;, � ,r��, �r SUCH TIME PERIODS SHALL s _, _; nL ^ltr�,e� #!-' �, 5 {µ E I ENCE • Y ,, 6 CA ED O NTY IN P �,,� ,*, Yz :AUTHORIZED.ApPLICANT'S RESPONSIBILITYTTONS.tT IS THE B--700 _ "'10'00" •, «''TA E}LOCATION OF 'ALL EXISTING UNDERGROUND MpE_ 1�3,aa" t ,..IES:SEWAGE.DISPOSAL SYSTEMS OR OTHER OB UTIEI- 700 s 132.00\ }TI ATiMAY INTERFERE WITH THE CONSTRUCTION SR WOKS Sub AUTHORIZED BY�THIS PERMIT. 335.00_ n• OR WORK Less ;� ".`z l�sr'�s}, R, .v TOtal 6(.00 't'1 1.6iEREBY CERTIFY'THAT. I HAVE READEXAMINED B•C. 2• AND EXAMINE s .00 '`'=THIS PERMITtAND KNOW THE SAME TO BED r,VRECT+ "ALL',PROVISIONS OF LAWS AND ORDINANCES UE AND COR- t'°{� ERNING, THIS t.TYpE:OF'WORK WILL BE COMPLIED GOV- s s "WHETHER SPECIFIED HEREIN OR NOT, THE GRANTINGLIED WITH SP-700 ; ,PERMIT DOES`NOT.PRESUME TO GIVE OF A Z_ 00 $ :.00. AUTHORITY TO V10-I:ATEt;OR C,A;JCEL';THE-PROVISIONS OF ANY S 25.00 jt • LOCALf'`1AW;REGULATING CONSTRU TION OF THETHER Y ER. tinFORMANCE'OFlCONSTL'` r. RUCTION. �9 $ • t '* r£" f;,� 'ail. 44 / •I �,, .0,,.dor t RECEIPT r_,,��� •. �� _ NO LESS ; _' ���N Uf!• OF A T o �....`_�'` ' i410 EYIOUPPAY EH �'0, ."_. �ti.. {. -� RIZED;APPLIC•NT t' ' i1 C {�E tt, TSY 5- i,a. E �' ;,• ;tom RECElPT.NO. :,:; �` + ik s; II 0• f 4.i s •; 'i f-y� � ! •�1(,ICJ ��• s` � t , . '� y • � .. f � ,.1r N,.''. r.' t'�� i F�� •_�{. MQ •� f ro ♦ ";",n... s _/ 301e00 )'.. ,4. .,- P i .,' !.Z :•L..�1,,i��,,,ri 1 'l :i :.i'ri_si.,, :ic+ �-•,ti.— t',4 -•r4} 4 .•'15(� t..R .Yj - ......- h ti�- Ir ., �,„ r ,1 :�`";`��.y'%� � � ���c 'ITS:a,. y_, r 1R i�'�I��"r (� /�.���ff �a : ♦ „;, ,.r, .r 't ►:_;T 'r�...,.4 . -...*...1_e;,,, 4, .' 7y t'•IM,1 ,.:^, 7£'Kr+ S .'r ,i, , IRVIN�I'1�(,Il hi 4 . .j' k .. r.rr ,t} <• . '! oar f t + k?i J r "� L ` t`•� .+,i �+f" t -"•u� _-����p,:�iq`��x� i } 1� �' y�:."'`..tic���, ,.��`L.����` L" 3rV'�; y o i�: �.� �,�, E ,,`� ,.i • , r.+. w ...�.e�.?..ii,,�/"f'.'x +� '; �� '3.'#' *3 ` ..�R�s�y .�.a a,t, �` ar'1, { ,; .h,` �.p� /•'itir� •ti.{..l�'yrt�a..{y �j:„..-#,....ti.tit; � r `�i 3:p.���y,_ }tiic�r� t 'y �� + .'S r-i 1 • t;.. �1�y S hj • r4'� r +fj.,i /.a�`lt!! �Tib^.. �?f���'7i' � i 4�) FEES CHARC D �• rr—.—_Y y �F r-'+RM^.���'.'yy.$a "� •�..i. ktsy:�.m�aaty,Irr �*r�L' �— U� �'s'�.� '� `•� � (� . _. r f•'t,! i f'' ft..��,.. Jry..it i N �U } �i,L.� �i N.r♦•F �'J�L �" L �.- '� � L 'K,fj,2ll�Y? f«.1-4,Z.: n•' i *,• 1 L -i j'..4 4:!I'"1" . • vw �-'71...*"1"11.+ '",::,"+,:ti.•9 ����4,1.ar • ;-V,�7', -,,7 1*,%-+t�.}.1y}��,��`n.4 ` t', .� •• r ..C. ti �`-.'? 1'+. `x_" +.�, Ll.,1/4 . • rJ,Ai. ICE CHARGE (—► • F ._ v .:'J;-.,,4L,;. ~ t L7 t1414.144.,'. i��'y�'S V��,FL'u�11'�4 ��•y..W 1••,,,-,i �.Y i A _ '..�'. '`` :.'�.'�atx;!'.,E3�;.iSS�y=.;1?.~}e1£�a' "r.`"Ii;•�' l'tF'!'..t{•� ..Z r..k{,apt-�k c�' i. -t CALL _ • �.... .Ha a _,;1h•ENDING.BALANCE 4 g'. ���jeeW���-.�a'r�' yy.yt� -:... , 6 .:n,r F R _ _ ,.'' � 'r u A.j`c}r:g 54 s,�. ,.. i .O'lrtil _ 'YY i. ,'![t.!•i�f V:. A}�,J1yL�.T,;.ti Y.,• • . p.G, ' , '.��I F r�+ }i� (t.� " '. l y r 3y .. .r _:4. 4��"5V ..C.' C.'irya s^t,a'., d 1', :.M i M v , i . , i Lot Information Window Page 1 of 1 Lot Information Request Results Parcel Number:224021170 _�-r g� For more detailed information regardingthis parcel,please click here. `�,,- — _- „-....A a Street Address: -- le 44, 460 E STRADA PATANIA OV 4 ''''' ' ---* - ' ' '''' + M Current Mailing Address: . "' f ait. TRONSTAD RUSSELL E & HEIDI R JTIRS ' � �' 460 E STRADA PATANIA TUCSON AZ 4 *4 -t' Al A g* 857370000 t4 ' ,' '71 A.- ,,. ,,,,?::. : . I., ' ,. 41 - 4 , '::: k'.Ve -; AI:4 t. t R Legal Information: It .� 111*.ir~- OV X ,�36 IF , loll_ _ n TANGERINE HILLS LOT 68 yy� 4j 3 , Subdivion Plat Book and Page:: 31051 it View Subdivion Plat from Pima County ', i o Flood Plain Information: Lot Not in Flood Plain I . Disclaimer:This information should be verified by the Oro Valley Zoning 0 7 Department.The Town of Oro Valley expressivly disclaims responsiblity for l damages or liability that may arise from the use of this map. '', .•_L---=ESTRA.DA PATAN1�4,,__...�.._. Oro Valley Zoning Code:R1-36 Zoning Code Explanation:Single Family Residential 1.2 RAC Conditions: No Conditions found on this Lot 1 I 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 r- tTA NG i..0DR. information on which schools are available in the area,please visit the I Amphitheatre School District Wehslte. ,p$.LEYARi2 Q-° �r,-, ,. 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 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 ;' 11000 N La Canada Drive,Oro Valley Arizona 85737. �i'oEo* 1-o-i-i..//rrin/n,,,,,; on/-1.v..-.�../.,.........,....1 ....-0T1 A T-1f,TT —'in Ann 1 1,-7r, �,inn,"r.r.- 7 r - . co : ; Plo, NI co 0. 6 17 a 1......,,-. iticl ;5) tcy g N. .. " ' 1 ) 11701 q : I 1700 _ Z r" "...) 0 0 4 irki i ,,1 • e . S t -1P r PAP10r cci �. � a ,� 0_6 , ..„.. ; i i,A,0_ 3“ Lill,. L.,24:44,C. Z_ 05-1'F.,. - ttlp. 0 ' \ '441 ,0)0 i, 440, AZ ' I. 600 ,,<,-,'S' ''#. -f , t;-... ,6,e5 : i i i e� 67 r-D , _.._„ ,sal 4A i 1 t,- ,- ‘ r iti ' \rePo G411 ....7 IC:3' 1 In r lsn .. t5. \ , '"€L.) "14-...,* ,r,-- .r , .42!) \ , ..ifik. 1,.,,,... € '`� ..,,.,< ... ,5_,..et .:(11.... . A iti.A.4.--- -4.i,, ,.r w t l\ bk IP'vfei,' . - tv* \ I - .4 ,o 51, ig 0 \\0., 60 6 P.P, 5 .3 40 0 .. L. C:Ddi4"9/ 4'9' ------,:'4 ),6' , 60 ( ' 00-4” j ..t". -'4* 8 , , .....,,.. IiII�(.rzPf�fi6. ._�'"roYl L'lM1MAMu5-i �"",•••--"•• 1\-15----1faYf�: --• '—'", bL9l iOT - ww'+n_ •• „� A1: , * , ,,, ,, 4 . 4 4 A � I , `` $ . �f r< - .t - ¢a - t ' �' , ,emr„s a . . ,.:::: 7,7 ti „a a 'V-•''.-•"'"-' ' 'A '-' . „ ....._. „„ ..„ ........ . .. .. ._. ...-- Ili . , s :''''''';:;lf':'f'.-'..,:',,,!,41_,.,.;1.1...':',,7,:,'Ir.,':::1.:,:.'',..-.:1::::,.....;”.77,1:::77.' ....;,*1-4 , 4N ,, * ',. ,.?;'*:;",,,,_:"'..'*i.'' idol �` 0 • \.' . " y ffi 'fi. , • 4., ' ' , ' ••-,-. •—i.-- ,,,,,, •::•,-,,-;:•,, _•,,. 4--.' ' -: '.! ,''''' '•••• '----......j '4,,,,•,,, r :•'''- , „- ...- tp '„,-,.L,...,,,,,,T,;,::,: - ;.(,' , „otft 1°114--- - -`,; 4.44tiltet, plip.'41."'s , „,,,,,,.:,._.,,,, , ,.,,,,,,,,, ,,,,,,,,„,,,,.,- ,,4 r.',',','''-*Iti,:t,:7V,,,N' „„ „„7;,:,,4,',.,,,,,i,,,,,,. . Ilk ,,, ,„,,,,',,...,..•.•„! ' 4,,,,',...,::,,,:,,,..,*.l,f.'.;,' ,,,,, „....:,,• .::.,*,„...,i‘; •"•:: -,,,,'......,'' . 40'i.....:•-------406• ./-1,...`''' .10!---,.,''''..-4.-,-------A- -" I: v ...-„;•..lith, 2,,,, 4, ,0,7, ,,,-40•'''' ..:.-;;;..,.:',...':.,.., ,''I.•"'', .i .,.'',;•''''''-::,- '::t.....-2,' ''',.,-:,;".'',*,- /I•,- ., ',',101..„"Vq'''' ''''t'". '•:'‘1 „' .,,,,,# '"- 0 ..„ '17'.!,,,,alli'fri;0,7,. Al.a'''''''"'''' ji..,k.'• ''''V ''..:-]•-••13:-.3:141 . ir• .,'.•-3 4410 .,„ -"4fii, I .•;!';'•°'144.4:t2',•,- --1‘,1-3;i:E.ZA:3 .;.--'1,4,-*•''''.' — ' '-.'' •.-•Ak Ab.„ -- ----,440.,„ - Als 1, .," -,',:,!;:vEvi,--.ii,,,,5, 1,,, ,- -, .4.00.7- ,:;•, sit ...,---7.,,,,•7).,!,,,,,s0 .,.ki...:.:;,,,•-,,t-- .. ._ •- ; - , . , :.. _ • ___,„ ....,,,,_ • , t-, 4-• yy . eliit) • , c.. Y i 41 . ' *., 44 ,sue', .,:. :wY ,„, ,„.... -..... , •,.:—.„,„••••. - ., ",„ ,,, ''''''t 0.,:j -7 , - -.- ---.*. .H,, _:,....,,i,„,,• • , „„...... 2,:•,••y ,,,,,.; ,:..,,,• . „,,, :.:,,.:,::,.,.,,, •-:•::,-., 4 —,_jr„, 'iiik. '0.4i,„,,4*, *.', 1 ••,:, .. l''',•,.2...il 4.1.4r:-.-:,.-'14.'il;.• '3, . , rapt . . 41".**'.4:::-1' it.'. _407.1-ii0;,,,:w• 41011:11r,w7::--.•,:. -7•'-' ---4 .,v "•'�, ,�1 p3 ;: r�'r �4f .. .x, tv.- :loa,t5.-' • 4 aI if ,iii • ,_...:::. • • " 'V ..7...: , ,, - - ' . • .• „•, ......,•, - ,,,.A'' ' ' ir ' .4- 4110*44 "` /' j . ' .;;-. fir 4":„ , ..., ".,. -"., .r. ia ..:,,,,,. :'-,,,, , ,,:k.,,,..::;,,,' -, ...,,,,, , - ,,,,:,,.,;..o., •4,-'i:'r,7."... ::,:::?*-,:: ,, .„ , ', — .. , i. ,.., , ,, -. ..,...4,'-- 'IV •. 'S - " .' 4 , •''' ' . A. ` \::: :74' ,. • :',,,r,l'H ' l'''. '' , ''' ,1 0 '' • -,,-,4 L.- .,, ,,.4t, i-, ,, @ x :' p :a h` d, Ig 3; ' * . ' 4 lrf , ,,,, , list .. . • ,. '�� '�. �..X r � 3'a�'# � dm r.fu.ft 'f S` "� '"A „pi S *2 ' , ear. •; s a�... Front of house .Ly Fd d4 ® i hA ti f R^ y��.k} iK r� t' _tF .a f }t � aq :-..?'-' ' 9 tf �,;T .: k `^- ,�.`<. erg: Y .. .f ::"'-'42,,, ,',''' ' 1 .'..*: ,'.4,'',', rq.,� V; x ' `w�. (}' .: !.:�'rt # f,° y rsr w r j.�2�wv r ms i, w t , ,,', A .3 .-)..r' .f.'P�'`.sr # `°'Y C -+.�\^ �4,' �., ~ "`^" _�, ,,� �.iw►r•� ,.S.m Jd �' ; _: ` A.S -9+� --er1'1.a a e,,,,,,N..„,. ....,�m ,.'x,.:4:',4„,-,,,,, . � sue'" East side of property West side of ro ert p p y • a e :,T ��,-Y.+� h • ' kg eta S. 6e tS al .C '+ ink ^a .'k^' , $ ':. u,., ! J.." ry i h�;p- " .d. �`f�Y • Sw, ..a.,a� ;__o'.Q .�.'¢sr , !,;.,--,,,P.47,.-7,-,...,,,,,w1.4.eilt."4 .,- -.40,4.:, '',:,''',' „�.a :Fa "" "c. r� ,.'•;. Y' c$ .f�`' rt-x`"i `.k _ �,,. .tt -'y,., • ''' tom.. 3 ,..fit-" : °f t r'Y y_.;;rt East neighbor View From eastern neighbor's driveway e �r ,. ,. ,,,,, , ist k � *4x.. r .f "'F.; ark J # 5'_ - i :y : ��. ,r- are ,4, - N E x e i -3'9 i, P.'' �....,. -- .• ....... .-• Z.e .. ¢ -'' ,, �.r.°v6 .,` , 45—..z,i,„"..,,,„ V' f.--34,.‘,-_ „ — ,,,,,,,,,tt.„. t, '^. .,w�I�^.' . '. r gam' `' 5,.,'_""s -?.swr• °`ae. eY west neighbor View from western neighbor's driveway '� ,,wf i .gs .z fit, Y`�'t�¢ % *3 �•. Ca ' n .-r a• ' » "`o" .'It."'". $t ie''! a - a 4Lilt - ` € w+a°,:',,, , - any ,s # — �s $ y g ` „erg ,_r .7, , 74, :x.t R r V ; .� 1- s n , r a-. }F `^fin' a At 1 View from across the street Common t e of ho use ouse in neighborhood With high pitched roof r .— nY.'�� A 3 t�M+jay t N; y 7J!'a�. �p il Two story home in neighborhood TRONS1' D RES I DENC SHEET INDEX HOME ADDITION 460 E. STRADA PATANIA STRADA PANTANIA SHEET # SHEET TITLE SEQ -----------Ct-- TUCSON, AZ 85737 — AS101 SITE PLAN AND NOTES 1 m 225.58. A ARCHITECTURAL DRAWINGS FRONT YARD9A� q 4 4 (_�'-°' , A101 FIRST FLOOR PLAN 2 - A201 EXTERIOR ELEVATIONS 3 NEW 1 STORY AODr1pN m RESIDEI4CE HEIGHT OF ASIDE RE OCEEDS ZONING REOUIREIQTT '• ��°� IIISHEET INDEX Ere 1s1DRr ;w. wanoN ro REsroorcE r r 67..:..' :::',. 41p MEETS ZONING OF SENT ,. sa / , , �,; OWNER: SCE YARD , mo RUSS and HEIDI TRONSTAD SEIHACI(=15'-0' �� w z 460 E. STRADA PATANIA 1 /ti /I* ;/` RESIDENCE TUCSON, AZ. 85737 ITN":STRUCTURE •. EIOCEEIIS ZONRIG REQUIREMENT LOT 67/�• . ' W PROPOSED SITE PLAN � � G_ - i 36 s4..�, � .,.,, , �� 460 E. STRADA PATANIA LOT 69 8 ` / _ FOR LOT 68 OF BOOK 31, PAGE 51 NM r DEVELOPED TAX # 224-02-170 ADORgN PO RESIDENCE _ —36 CTURE DRET 11 DEVELOPED i A/ LOT 68 I SEE WO LEGAL DESCRIPTION: ,�� TANGERINE HILLS LOT 68 —3 6 I SMACK= SECTION 01, T12S, R13E G&SRB&M BOOK 31, PAGE 51 ‘ DEVELOPED S EXISTING ZONING: I - R1-36 FRONT YARD SETBACK = 30'-0" ' SIDE YARD SETBACK = 15'-0' REAR YARD SETBACK = 40'-0" JMAXIMUM BUILDING HEIGHT PER ORO VALLEY = 18'-0" ..� MAXIMUM BUILDING HEIGHT PER CC&R's = 25'-0" MAXIMUM BUILDING HEIGHT PER PIMA COUNY = 25'-0" i � � ' REAR YARD SETBdO(=40'-4T' m 1M 4s. E 41 os LOT 59 DATE 7.21.05 NORTH —36 Signature Design Studio 1 1 SITE PLAN DEVELOPED Custom Home Designs °=40'-0� P.O.Box 17107 AS 101 Tucson,Arizona 85731 1 OF 3 (520)904-2645 (520)904-2645 FAX rybarra@ulltrasw.com _ ... . ‘..V icN , v /lir- #1. or-Af.droiwwri...-- . . • . - . _. • . UNSUBDIVIDED . 14. -....---.--..-.....-..-.---......-----...--.----,. ............-.-.-...-----...-.....--.-.-.....---.-..-....--......-.....---..-...- -•..-......----..----------.---.---..-.-.-.......---......-. .----.........-..-.....--.-.------...- WS ••----.---.--....- •-•. --- . . „---TA_NGERINE ROAD___ 3___•_12_1•17:_902._________________-------....______-__________________. i' ,-"*„...,..,; _________Tri____• vsca -----------7.------- ."4:6'-'-I't- - • eit.f.ic-ii;i 0: - .. - ii to re 1 T..t.c.c. ..t.zta.c..ecy - -. . . -. -- - . -1 r1‘..5 17 I if -.- II 3 2, i r.4,?!........•., . .f.42 COI."....r......-. .014• 0,..1ST w .. ••• . . . . .. - . .. ....•-,.."....;;;....;:•t„-'11;•'''..T.:-.--',/,..:••;-;;; ;:if-.!-,....";;•...•'..--.'S.,.‘;....-1.r.,-;;••••-"e..:•-.:W..,..`..: . • . • 1 icas /t „ I, I ,i, .,,, ,..: , , , . 9 i• 1 ....-_-.....-.-... "'--•:-if--!---''''.-'-`•as.:-.:444,-•'-'...-4-?--. 4.,3ree-,...,?-...7.;....,--.k.,j..... • .. ....., ...."---:'7••••••••• I--. • , 5 ..........- .., i .i/ t . I:. 1 ::. •....-.. ^1,44,-...---:::."1.-....1•22.+",•.•••.•.••P.- .,,......fe..,..22,--"._.••', ,-. ..,.. ' ....W'S..' •?,••.: " • ,- •-' "li ..if\. S I, . -. A*ff., -....-•2:...,7.:R:,..4...7 ..., , •,..CI......, -... ::.1 i r•--. -.f. . '.1.‘r'C.: :. , \V.\Vet 52 g... at 8., 47";. , d' \8 ' i.v 1 sec itip, v _. ._: .. ..NI71,,,,, -84 si _ER- 44' 2" e/ • ; I, Lull 1 J. -1....:.• 7 -.''.V-. a 1/1 e 3;- t----- i" k. --., • 3-•-•',-L1•13;.• "tZt. 5 IS -,2%. . .•? z 4. 4 / I Mt- , . . :.--.,1---%-•-,. s ‘'t.' 2 UNSUBOIVIOE0 At') " ,..... 25 1.5: I '''..r1- , • -...- : -:.'-t.77 1...‘i'----t.% ••,-.7-.....••••.:,,",:_c-•, .4___ rk 05-1,55 w . ia 0:000 •. --\ se.- •-•-• Se., .2, .., . ..19 1 ter ei ' 1 • ••-----••-•-••-a.`'..,•...,__-..?!-- w1-..0. ..,e4 -----4! •-.-... t )-'•,,, I .' I .--- ler e%ee'm i '-'•:;•-:;:"--A)T-, -'''.,.• --• 4. •z . . s .,. • t • t i ••••••• • . • . . \ , , 1 , • ! mot.: 1 • • , , , • . 1 . 1 1 , 1 SEE SHEET 2 OF 2 I . RECORDER “.,,a•.,,,,,•) ,,,,,,•.., .,..„ I s'• ; 1, ,:,,,,..• ',ED 1,1 III,C.U.r..! ,f. 11(.:E.1,of,....1. ,••••• . DEDICATION ... ,..0,2(f Slom,.2,f.ati f......T t.s.SI••A,ALL.5 ,..,41.,...TIES•Aven...•••.1 1,0.0 1:T, ,T,..S0:.I•1... ,..V.J),....C.,TUIC PE,. .....E.Er.r.sixt Sp I. Eu.• i IC ..... I ••••1 Z.!, .•••• ..-- ..t. ••,......, 2.. ,...,.._...Si... ••••• .l• '1...e. I. . •......., ,.,• • - *.• //;"1 E......0 MS,:ATI S tis I.., /2f ,,Of A:24,,../.., ''....• V ,' //•-lii ;,•r ' ....,.,titaitart.3 Cc...•.••••i..•••,,A, ••.,...•.• ; .•:A., I.:A P.,/,.r1.0, ...1/ , •ae,so.C.Aft, f....',.///.'..-,ze ,.-.•••s:-.....-,,,,,,,,..,...,,,....•:•,,,s. ., ,•,., ..'.-,.'..-.',„''F,'.t„•.•I•F,-'.,7.,.,..t,,*•....:.,::.:,.....--:•.....0....:•..-'. _,r-a:.,.-'..:..-....•.•;••-,f.,.•......-...-'.:-..,.-•,,,,,--.•,.,.-.-C•.-.•,,._....,,:'.,.'.t.:,,:,-,-::.,.,-.--•.;..7:(.•-4,..-4..._...:..•:,.•-,-,--:r-,F..,..,---,7.,.-.=':-....---,--....,..;.•.,7,....".If•.;.....,:.- -.. .-.;'..._'.::•.I. C,Et•L:;ILp.;•C..LU•:'.r..1';-A..:1?-•'31.•...'II;<-.;7.-•11.2:E:R i 7-..•'.,.-7::l;!..:1ff)I'.4:1..7 Z:"..!.TL7.'Vr.3.•-••.7,.1.7-....,.:.-....-1.22 7i...I7.5.•.rI.i'..•,e.;-..S•.....V...,.1-..,7,...2.E.,•.7-.•..E:I......:•...7..':S 6:rE 1.1:'..?3•:••43:,2•r.‘r2•"0I.1;-:,...-.....04.43:tt„-4,,.2-.4DATA .• w:1:2 T0:• 0CZO....5X.3C01:-▪ CC 5SSf.C•".C.C•-:9,.o10.C:C C:00ICCCX0 C.3i:-C.3-.5.C"..3 3.-_....37.-.:.•1-.'.L_I:;1,!‘•u.'.:_.-,t..:.(_r"....i5..8...-11..:1-,-i1.1.4_65-ie..0.ar1•..1.r`L2..5.l1 84e•1st.:.5l..5,•3•"'..,..,.e-L4 11-C...2.._1-c..s13C.7,-...X.18Z7V-5.c-cOS9 S5._-...r1,'..1L_33;1,..1,..•L,11 r.-:r.I2.t..2."‘.6.1:.I..i-3-ir1c-4.1.4_..t14..sF-35_'5.6.--.'',e,3,3..4,0.4.I5-s,..5..53..4-Z,e.-1,-2....,2.e'29<?,-V,5C F.31i.7.i-1!:T-143:1..,0l3._-T,L/1.. I11'-.-:7...2.1,.:-::_-,2:2..r:.V..-.1•.5 l--T-..c51.1,4e.•.241-,..t 7..3.055,__.1.1.i.eT3-.t.•..5e,.0.,71 5Y4..eC.5•.9t.',960,•.t.s_,5 3.4!.o•.4.4,..2i...•Tc.!....o a3a_4:-..-,.j GENERAL E.•. N..•0..•.(.,.:•...;•-..,4-„.•.,.,.",•:...,•:.•,..•.,,.••'•.G•-.•E,.,,••-.•‘„.„.,.,•,:,-•.•,,••'•.,,•..s.,.,.Z-:,..;,•R•••e.4,:•.•,.iS,...•..r,•..,:..1.-.:-;....4,.y•,...,•1,,•,........,A...,.•4,••.-'.,•,.,,'„•„,.:,....,."•e..•...1,...,,.,:..,.,.s•L.‘,:•..,g........;,.',•-1.1:..•,1„.•,.....1,..',.,,,..,•.,,-.,,.•,,,-,,•s,t•..,:•0.•,.-cSi..,.N•r.,..•i:.I.,!.•f e•.',,.•,,••.,.".••.,.r.••••.•IS,,,•Yi,...,,S.•,.•.i.,.O,,...i,,..,.i.•,.•e.;,•.".,.•.,r..:e,..;...S:.-,F.,,.,••t'....T•.,,n:er-.3••.:,.0",••u!.••••.•..ii!.:..•u••.,.....E•t.•...I•E..•.,•:.i•.t..,•i,s.•...•.•i.•:.i•.,,t,..•C.W•.,..et..•.•S,..•,•,,I..•r,,„44,,cs,.,,.,.••,t-,,.......,..,,f..n..•l.-1.,,,•%“..•IF.I,•.,i,,•I.S.s.,,t:.F.•....:.r.l,.,...i,..•4,•....•.,•.s..•,..I•..•,:,.••,.,•;•••....,:...;•-,.....,:..,....•t,3t••••... ,••i.••.•.1...•-.•It•.•..t.q,fs•4•,•,.•...•,vr,.s•••1•.•.,0•.••.••0.•./•..F•!••••,.C•r•.s1•,1•....•.,...(s..1•/1,1,.F••F•,•g•0.l.,•..C••.•..••..,C,•....,•.,E/•,,.•,-....,,,•,•,S0,,S,.•1•,.1'C,1{•,.,•.S,o...,•0.1 e'••FiS...1•..•Yt..f,4.••,.•aA•.t3,•.c.7...,....•..•s.•....4^•Wi..•.,0•,.S•E•,•,.s.•,....IS•,..o,1.,•,.C•i••.•,/,•0.•t I•0,,s.0.•..,,•0,•(S,0'4 C,E,111•..I,1.•E•.,,•0.{s,.•f•S..••3,‘.•,(••Ii.ra.•,••,•0•••... ••,,,•.1..,••,:,.,•..t,.1c.•E,,I .p,•0.0•.- •,. ..I.1o,(..,f.t c)I.14C.c/..:E rL%:..,4.i.L,-s.,...I i.Ct,,'a..,...,,../.,.lE.•"CC1•••••..A/t.•i•f.••..S'%0r:.•IiI..•tt1.n1T.i,T..4CZ1„a ,..e,.tyC,,"P,c....1,..i,.1•..„...•.,•tV•.•0.(T,c..1i,.,,..1..:.•.-..g..,t„11.7..„,.••r.....;.,0.,..-.,t'...4..12 d.".,a2w.._.:/A.:/.Iti,!1.a..r V__(,'E,I..A.1,Ft.,•.,y.1...I"I.1.1..1 em..1L1..b...,-AC.._l•t__.,i_.e,T!;a•. :.-_t..g_...-_!.Ti.,,0_P.c._4,_._.f..o1,.E,_1,.,'7.-•,T_T,_W:,.,•_e..,•tt__W..,.S..SA-..,'....,.1_-A,•1,...(:....,.•,•...C.•1.S,_.•',a 1 5S..•..,".-P\S.•S0..,...t.S.,.\I"',-•.:.:i...F.6•:s4•.CFP..,.l...I..I.-...Cl,..4-,7.y..•1,1.-.O,•f.rTS.f,),. ..0,.1. . • .1•i,ti.t•...:s'.tV,.E.CE n,iL;',,iTi0,,0W,.W:,4,T.•,,s.,.1.,0•.,•.i,T„T.,..•,Et,•.s,,;3•. j V.,t5 t,T:C0,Y,,S3 r',S..,0P.T.1 T,I,`4..101.••,3A T..tA,.a..,,1.•..,,.At0.';.,,.T.1.1.•..•L.L•.r,,.,,.41E:S,F:E.0,Ir1,,h E4,,I i,f•S.E/,,0fC T..JN,..St.•!jW.,, ,6A C,F,.:,s.0•.C:o.SIsE •,043 EsrOt:•.,y.•,.4,.‘,sVi.0.,pS,lc,.,,..,.a,..iITy.,I.cM"C•L1,C,i_•t,,,s:.S•p•G1 O•(.,o4 4•..I.F•: 00..S 1:4.,.,...1.T TV,.12 fE.C3fS.A,..0.•2 F..2.•.P. .A.C4,oE..•CSF.E.0r0..4.El e..•T,...3,I1j...a.11IC,S C30...(1 tO:S21C 1?,C1A..i.iSE....3,S..AC.tw.,tT 4F..E....C,P..n.r..E1.•.2.:..4,St1.,i0 0:2•2 .•s.C•i3,••_4iA,.,1f.,•iF,.,..0.S.,•,,.':..F..4.I4 a014T.S..0.P,..1At0S 0.•.,1,,•cS0 91•r,•I•,,a0a t.•,t,s:.*t SiS.cI..2.3,IS•aa..It.TQ•O•..Sac.m•:.Ci..I•E.,,fW2rI.k•t.•T:.2tt.A.....”'..,S.,o4(.7...f..T,T...,C•,•..t.,,O.2.11•.....00,R... .'1,,y:..F 1.04,tP,F•,sE.3 C.,...:.E•T,;!,3.F*.0•,.. .•.F.i5..(,rIc:E .iA.Sa ... :a,•.p,T.t:.:F•..A .itaiS,i,I.• •.t• ,S•F.•T•• ,Ir•4•C,• •,i p... ,66,,,.7L,-.,.,.7,.,O,1,.•. . _ . 14C,..2...•,.A..3,4,,,3-T..,•4L\±„r,IP O„'.....s-.LC...e z.N..",,•..•••.,-f•4.:.P•.:,_: .,4,1:.L..e...(_,.j..A..a.,......fN.....,....!:7(..4.i .'..i.Iz..4...0 .,.,.,..,. ..r1.1....;1..-.: .74..,, ts•t•a," . 1 . , . . F APPROVALS c• X 31+ 1;--,- ":. . 7r . , . , 1 - 9c5 4 f . . Cc .: .: -,.,,..,e< , F •t•,_ 7. . _ e A V : 1 . _ . -- - .• , 1 -e3 252 - . • •, - . 0 9 . CERTIFICATION : : ' . . , • . . . 1 . : 1 ••• i ., , . a•. , ..1 ..'.- ,_.-. - •AS . -•,. Ar/eVIS.a... C0..3.,/p,P..(.......3.T.C0..0..."0.. •.....;...!...••••..-4....,...i4r.A...72',.t•-•hAZ.^5.",",:ft-2.-ti...40;;;,„=-,-..-,-.:2.t::•;•:;•7;f:-.z..,7:.;z:...,...r::.trl.:-: • ••• •••••••ESS/14.ISS. -.-7-e--,"s• a'. ta CC L 1-Z e',..-. 11 C3 1 33:21 ,.. 7,'•,.:,:,.,•...,,se••••,,.,,,.,,..••••••.,foe',III% Iv,. 1, .0. ‘,.. ,‘• (7-7,--r - ?...,V....444„..fr-C., --i-c-, 5 55' T.5 00.,-50 4/1 J1419 , 55 2.6 • •••••.•,, .e.••.... •.. ... Io.r... ,,..1, .1.11S, •••••. •••••te. is, 17.1....Z 7,..-G7L‘'. .4...-..ail.•E X....J, •..I ' ' ' IS ......' C.'..,..L__Ps-. __P, , ---,,,,,,,,t .,..,.. ••. • .... . ..re''-' ;--7,- . . "-,,,d.--;• , ,..,i 43,, . ••,, -r -• •,.,,,,.•,,,...,... •.e....••••/...•*•11,1. I, ••,...f.,•••.••••s•.• TT....T•• ...- ;."..'''•'Z..1 -;;..-. 1.-:. • -T.T-'.' II •4,44 C.P.1•0•14.4........0.111101.3).1114,......IPT TiVA.1.6 1..0.•.....,0:VC., ASSURANCES , 7-.,..•>:5-,•_to po_i_to Al t ee x, e,,5 .„.„...., --",'••••C*C7-.:5.. --1-1.-5---it- " . '3.t" se .2 20LC/I.,2 pr.......r.,•,..,st frfcr.r.sro fo.,nos.‘,5-7,,,,,,,.. Lr::e•:••7:•,:: . = I,ILL..),St, -54,0 I”-, 87!.:E..0• 7.;-.. ..2.2 52 I 35...?0' .322SL:j. vw,-4. na ar,,00r...roc,,,,,,..r.r.s oo-rNt R.,..wcwo .”.froie C......,,,,,r, .....er 3...,:-,7• ::: .........7.,,..„.,„...ow/ ▪ 02• ,5 4i ' 13 CI • 3.2:‘,2, :---•--S----___:•:_-__-___i-- • 5'. ..- -• .1. _-:-- _--- • --.e,..te,-; , 25 ac_1 z•a 6.5. 31 t4 ' 1,2.1 1;•!--1 ii,-E.S.11 7 5?x 7.-7.,,_-i-..1,,, , nr:•...,_,_. r-,..c._,.....-_,_,_.,-,_,2,...Z 34.±.:_.L_LC-___, - ‘11.1,10./ s,ri,s4,,tiFFF•i.....ACES,T.ip.../.:x....nle..5...-_____ .4a-r-rt.:,, :•,_,.:____.-------- ,......frr.,-,1".C.17at.4.10_1=1 I C,..__4'."9•._-..A0!Poi_ •TCP•0:0 1.1 S00.ii1t,,___•••:,try2W, ......,, ....3E3 IP 4...••••TES 1,EET ,•80,,,:t• S.1 Tait, ..••pv,EatS.0•4:••,, :•••••,,,,S..3 vo.tr,:•••o+e• .,•T:lf5•.;.;ztt.}zip,72%:isa,r1:10.4/.... :5•11...-,.•-•C•r3 0.-S.,..... --- •Z•t•..,,, . • . 2..:.2.-':• .1. ' 'CC - it'4'..1 i 'C'°' 1 ....AA EaslATT, •SIE0.•• TANGERINE HILLS • WATER ADEQUACY p,Ty LOTS 1 THRU 117 --_---------- ••/1.•3E3tiACT+.1 if,••:+1:Ca rat Fri•Atr.ASS E t 1 1 •.... :33Ittita.IN BEIMO A SUSDIYISIO/4 OF A POSTICH •,E3.3.•CE•tEm ,4•, cP./.0 .2,-,,t, e ,..,src.ci. as.s:s,,t 1., •1:2,...f 0,ISE0 STATUTES. THE fill/4 CH, SIMMS:A,T12S. Xi' ....,Cai....,.1..,••••2Z".'Ft... . • „ ....13 A.0•04:•,• C•CCZ-75-I3C AM1,001-t i • . . , E.-,-1,1,..-:itA„.....--..,..,...--.-... ,..,........ .0 ft-77,-127 ..._.. -:;7-,..4:-.::!:::ii,..:::'•..--..••••.;:•••••;7•;,....'!:.2'7--;:L.',.:-.;';:;''. '', . . _ •.: . . 1 . . . _ ... -. __ ___. _ _.. _____•__..________.___________ .........._. - _ 11 '... 1� .+ Can VS..c i • l) II,,1 ! ;..� ,, ,BATS. "..:§i,:.:.• 1.. ..,.. .!'i ,(ty • r i •�i� )Y'; ,I :, • UNSUBDI VIDEO . ---_-,.. •1124 aft Ns1~— _It 7 r+H'x��:�I:ID R�I�•i `�.5:, Y i•1 ,`�•.a, / \ /:-,. • G . " .a ? 83 .. �, s Y.1. , 't ' 4 , ,,,, ,, ird, y --- I :H � J 0, a0 ; • ••••' - Go.� _...nuroc..l a - ' J �s ,. .• � v . , • a „ n M 9 \ �la.s:s.o r "' - -- L1 N!-- l '_i I+IR �'t •lu V_ •e YU7;J0 tbz ,)S.,). / •'..+ •: {` 4if j- --,-U.7IUY W W.. . t' °.•° t Il� yNi •"; °°U O:— (]��t f,,.l, iQ r + S ttJ./' y,+tG r N ,;:; S b k ru °0 • a`1 ,c, ----., to:Oct' f t, Tl�,g f..... y.g nei xl _ 'w/�4. V. L ,�'t '- Nm'Oto1'L_u.sO1 R •t°0k i • ''*• �ll\ .� �tl m ili 1 �ttii.sf•..\,, fooa - Y \ O, »yam t A�' tg uC ,,Q' y s is X ve r_.O a 1 S,a a t. • • '•" ,. o •/• .jt M at l 1 �oa+wm W„,,y tot)• I X y G`�� • r--- -'_• yip n>G \ -. iyil.q • 1 .pet\ Icfl�Sr.•1: -1 ", w ... I '5% 264.t/ --tia• - - .••...%t'I'' N. ,i .....-,- ✓ - - Lfl PP 8 -._09P•ri Ailir�ty a''''' e /.._• .1 r /�� • rn C Y jJ. . i s • • 4 h's 1 1 A,� oo 1`Z w f v v •bc� It lit 1 ,e `^ •Q UJ.\ Pbb `l�� Y r"e , -L sC.4J /�'1�t6. aeda, Ke ~ oi r. i % *A ,J>>a ' S vg \ �� .4. 4•'f�,l� ' JHT�Y-M a '®eea• ..e..w• KI �l— O yY' '� 1 E.�`9. �l�Sr ly b, ! y -..• —o- t..•b i pit•• ®' j --1 N r'e�1"' !1V t orsirt.si7itarti i•i>t eeleom t' "cc ei•pi, tr _. a�e_ y // `L _�1. ®I'K Y� L 4,y• I .■ral 11 1 7 a-lell/_ /•Sp .�• fs 4 / d. e 1 i • *I't /i'lldi 4 . * 0 ,74. . ,. n a' • t1.ad• , -, `�� N �,'9 .>;. Y�t.��}-q/af), foy199t-d Il,� -.a --i_ e z . Sri dP ••% / -gym a �A"--ce'..i_ iK� t IL '� 1':_-.._:r__-r er s` — � vp oci;sy` - y. H01 n nH iita2P PRONE T. a • N • f _ t": B" 4 Ofl T; 14 in .Tub: _ T.. • ►'e,•K eD• `6--,-_�� w .1 1,1 •IA a si= °tw4?.v°�__ •\I 41-4 ��r _-� °2 s ,apt n • `Vi O •i• \ t/b4,u<,e. !!� .l M $ ••• X y�) S E • sip ••••• i ill i. .Nu•ucr 4 1� ,yy�a'+ �v.�--�/ `'1�r� ���y�s��`1•.`4; tit.�;, Y��' 6 e�Q� * ,,, • ?• '• ,w i 't'�y.LS'- �,�r,fi. '{ K 1l1 .,�r�y;!1 1�D[• ! !f I ® II. O •tdrp!' p ?l /� 1� al .�' F'l) ° t 3.6..... ice'_.__—.—®----•-- e! "'Pi -"° ! ~ S• • ; [ ±�' '� .31 as,a O jD•ntlV •q 1_'I101! �� t as ss • • • Z .�'�'' tltloroume_fto»__4�r ` 2 ib -'1-"t 1' In 03 " � yR c . ,g f2v� \; ` i 13 - / �--�� � O � 'r 11 v ttt 7 g i p _.s L„ow"'dl,r,'- y,:,e�.l�`' iH a 1 dos' zo) t_ A._ lee,:_. !rqf.- es--e ° ew'ro4m3 • e,a�2'0 --- ( t C 1 f 4.,-;7 �?ti_. 9115.E_ .00 w1�W__ " - Iu 0). ....1._ IIOr•lO W 35a It' ( .�-�� 1•Y - --19I q.. 190 b' If%-p' • • a e I U • It it 9 ,t • •.-- I's V't a `l Aye'' ' -_J l i,,i, V i a, ,, :ri '1.t r� DTI w Kt... cli S4' ' K ,a G I—ct*2 :tV It_--_ -..m-1179on•C._.1 •.•0 tf; Q 6• / _ ., u.M to.0 4 C Q • A•!�'K!N . I f�' p I w L a!It 1 ro Fl £ U yl . M nL.Oi�.�_ iYt�. 10G 411- , RA.-�_�...._�IY )-- d ctYj 1 it ..NuralaoE._.__._ IWOI rEa.ce. _._.O'q.su: a IS•Att • 2 A It O 9 O risoa m 2fo-t ei is%co Ny.• /,�•-14 s., a) '7 C Nxu'•14.1 I --i--_......� 'C�i4-- -_-u-r,J O t--_.'t. r •51 K Vt. . ♦ v 1 It �‘ ti W Kt! I (j la o! S =I 3(� 0 3 I,*l i sa'; (t i 1 anti m ' • I a d 1 F v a ) qtv a _ ZNw woo le , tt 1 1 N:n'q 4 4-- •9 co 1 b _....-�TaU) ___..3t04) 2tJOb r 220tV N,i)• Nt 2TON \/� 1 1 79!h ;': i R fww 5 , ,�� a, a 14; ZF II1� t' I J , p t U.Iw iI us 41'd �i w r to IS K 1 _ U A , 1 I i r it„ I I 8© • H \ Rai) + L .n ttom ' 2Too. _ / o °\ �_ � 2>t Z.u, -„ I ��,-�LZai_-_�l_—_-._— �1I1� . /�ti4..s_ . -- ,.+ea. _.,4,PazNeUe. ,..•. 11U,411.117 VIA.(P!PHIOr VW/011)01M.!.eV.1i)E!U(111fJ•1%1,;410 COI 4(1717nrwAcrt fhf.tn.rortnt --_-._ I \I - e ; FIRST AVENUE (_ >, ---' f4eJ 2t --- -Itet�-ic tl 'l"l1 - -- F -4 iv -Q I • E - i UNSUDDIVIDE:y 1 ' r ' i : .. _ S1AFE OF •' i (l !^ ) _. . ; ,..- . '� `; :!',” !,• • 1 `• • JI J1 I Ii'.�rc:r: r' '!if'J '�• 0 ri, 1"I�il. N . �4� 0 V A_� lJ (4, /, ,..,t:,' .-r..-1-..`�r COUN.FY. �r rl�.:,� I t ,._ o �/ .........;.' :L z. : Y.i111CsS illy pc; zII l.�(rlCiii `;'''I. ' .-� . 1)1". �� f G �. II r �. %\ ,(' ' I °Ci 23 1979 rT�. ,y�!. ,u wr a I ,u�l i___._.__,..... _rlLivi:y(:(1 i) ' „. .. IrI ( ._- • I�' i, (1, d I Being re-recorded to coo-rect �'-r/r •'�Iepl�la ' Fee: - __ lot numbers. • �/, , rr _, ..theJ DECLARATION OF ESTA41_ ii4 Chi OF CONDITIONS, RESERVATIONS, RESTRICTIONS AND COVENANTS FOR TANGERINE HILLS • This d_ec_laration_made_ and dated the 18th day of October , 1979 , by Stewart Ti tT e & Trust of Tuc.son�a s Trustee under Trust No. 1986 , hereinafter referred to as the Owner , and U.S. Home Corporation , a Delaware corporation , hereinafter referred to as Beneficiaries under Trust Ho. 1986 , being Owner of that certain . tract of land situated in the County of Pima , State of Arizona , to-wit: Lots 1 through 117 .inclusive, of TANGERINE HILLS, A Subdivision of Pima County, Arizona , according to the Map of Plat thereof of record in the office of the County Recorder of Pima County, Arizona , in Book 31 of Maps and Plats at Page 51 , thereof; WHEREAS , said declarant is about to convey parcels of said real property shown on said map and desires to subject the same to certain restrictions , conditions , - \ covenants and agreements as hereinafter set forth in furtherance of a general plan for the improvement of said tract: I NOW, THEREFORE, the undersigned owner of the described property hereby declares that said property is held and shall be conveyed subject to restrictions , condi - tions , covenants , charges and agreements set forth in this declaration to-wit: 1 . LAND USE AND BUILDING TYPE: No lot shall be used except for residential . purposes. No building shall be erected , altered or placed , or permitted to remain on any lot other than a detached single-family one-level , hi -level , tri.-level or split-level private residence with customary outbuildings , including , . but not necessarily limited to, a guest house or maid 's quarters , . in connection therewith, and a .private, one or two car garage or carport. No such building shall exceed two stories in height or 25 feet in height. No business , trade or manufacturing of any nature or description shall be carried on or transacted on any portion of said property, except that any professional person may maintain an office for his practice in conjunction with his • business , nor shall any part of said premises be used as a hospital or sani- tarium or other place for hire for the care of entertainment of persons suffering from any disease or disability whatsoever. . 2. ARCHITECTURAL CONTROL: iNo building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials , harmony of external design with existing structures , and as to location with respect to topography and finish grade elevation. 3. SIZE: The floor area of the dwelling exclusive of porches , garages , carports and patios shall be not less than 1000 square feet unless otherwise approved by the Coluni t tee. ito prefabri a tea building or other structure of .any nature .whatsoever, permanent or temporary, shall be moved or placed upon or assembled or otherwise maintained on any lot without approval of the Architectural Comi ttee, provided, however, that a temporary office , trailer 1 office , tool shed , lumber shed , and/or sales office may be maintained upon any . lot or lots by any building contractor for the purpose of erecting and selling dwellings on any lot or lots , but such temporary structures shall be removed at completion of construction or selling of dwellings , whichever is later. it. BUILDING LOCATION: No building shall be located nearer to the front line than 20 feet , no building shall be located nearer than 10 feet to any Tnteri-or line nor closer than 20 feet to a side lot ..l lne adjacent to a street , except that side yards for detached garages and other permitted accessory buildings located in the rear one-ha I I of the lot need only to -. - Q1 rI 1 „r-c 1 1 . con form to the requirements of the City of Tucson or the County of Pima , whichever is applicable at the time. A carport and storage room attached to the walls of the dwelling may be placed not closer than 20 feet to a front street. For the purpose of this covenant, eaves , steps and open porches shall not be considered as a part of a building , provided , however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. In the event an owner acquires a portion of any adjoining lot or lots , the foregoing measurements shall be made from such owner's side property line rather than from the side lot lines indicated on said recorded map or plat. None of said lots shall be resubdivided into smaller lots nor conveyed or encumbered in less than the full original dimension of such lots as shown by the plat except for public utilities provided that this restriction shall not prevent the conveyance or encumbrance of adjoining or contiguous lots or parts of lots in such a manner as to create parcels of land in a common owner- ship havinj the same or a greater street frontage than shown on a plat for any one of the lots , portions of which are so conveyed or encumbered or having a greater area than any of the lots , portions of which are so conveyed or encumbered . Thereafter, such parts of adjoining or contiguous lots in such common ownership, shall , for the purpose of theme restrictions , be considered as on one lot. Nothing herein contained shall prevent the dedication or conveyance of portions of lots for public utilities , in which event the remaining portion of any lot shall , for the purpose of this provision , be treated as a whole lot. Nothing herein contained shall prevent the developer or its assignees from dedicating or conveying portions of one lot to another lot in order to meet City of Tucson or County of Pima side , rear and front yard requirements , in which case the foregoing measurements shall be made from such lots property line rather from lot lines indicated on said recorded map or plat. 5. LOT AREA: Ito dwelling shall be erected or placed on any lot having an area of re- ss tjan 43,560 square feet. 6. FENCES: No fence or wall higher than six (6) feet shall be constructed across the rear property line of any' lot; nor shall any fence or wall be constructed upon any lot unless its design and style are first approved by said Committee. Fences or walls constructed within the area of the minimum front street set back lines (as defined in paragraph #14 herein) shall not exceed three (3) feet in height; fences or walls constructed on any side lot line shall not exceed six (6) feet in height. 7 . EASEMENTS: Easements as indicated upon the recorded map of this subdivision are reserved for the installation and maintenance of public service utilities and other uses for public and quasi -public good. Within these easements , no structure or other material shall be placed or permitted to remain which may change the direction of flow of drainage channels in the easements or which may obstruct or retard the flow of water through .drainage channels in the easements. The easement area of each lot and all improvements on it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible. 8. NO ACCESS LOTS: The following numbered lots: 1 through 117 inclusive as indicated upon the recorded map of this subdivision, shall be restricted against egress and ingress over the portions of each lot as marked on the recorded map as NO ACCESS EASEMENT. The property owners , or their assigns , .of the aforementioned lots agree to maintain, at their own expense , the fences or walls that the builder may have erected on these lots. 9. NUISANCES: ilo noxious or offensive activity shall be carried on or upon any TUC, nor shall anything be done thereon which may be or may become an annoy- ance or nuisance to the neighborhood. 10. AI;ANDOiIED OR INOPERABLE VEHICLES: No vehicle of any type which is abandoned or inoirerable shall—be stored or kept on any lot within this subdivision 'rr • such a manner as to be seen from any other lot or from any streets or alley- ways within this subdivision. 11 . TEMPORARY STRUCTURES: NO structure of a tong►nrary character, trailer, tent , shack , garage , barn, or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. ow; ��_`)O I'AGF.i.t_�. ,12-. SIGHS: Ho sign of any kiiid shall be displayed to the public view on any lot except one professional sign of not more than one (1 ) square foot , one siwi of not more than five (5) square feet advertising the property for sale or for rent , or signs used by a builder to advertise the property during the construction and sales period. 13. AERIALS: Ho aerial , for use of TV , radio , or other form of reception of communication, of a temporary or permanent character, shall be erected that will exceed 5 feet in height from the highest point of the structure of the residence erected on the lot in this subdivision , nor shall any aerial nor tower be erected that is not attached to. the principal residence on any lot in this subdivision. 14. LIVESTOCK AND POULTRY: No animals , livestock , or poultry of any kind shall be raised, bred , or kept on any lot, except that dogs , cats and other household • pets may be kept , provided that they are not kept, bred or maintained for any c;omrnercial purpose, and provided that they shall not constitute a nuisance in. accordance with paragraph ;#9 above.. 15. GARBAGE AND REFUSE DISPOSAL: No lot shall be used or maintained as a dumping ground for. rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers . All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 16. OIL AND MINING OPERATIONS: No oil drilling , oil development operations , oil refining , quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells , tanks , tunnels , mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected , maintained or permitted upon any lot. 17. SIGHT DISTANCE AT INTERSECTIONS: No fence, wall , hedge, or shrub planting w ich obstructs T hf Ines at elevations between two (2) and six (6) feet above the roadways , shall be permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street lines , or in the case of a rounded property corner, from the intersection of the street property lines extended. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines . 18. COHPLETIOH OF CONSTRUCTION: Any building in this subdivision, the construc- 1 on of which has been started, shall be completed without delay , except when such delay is caused by act of God, strikes , actual inability of the owner to procure delivery of necessary material , or by interference by other persons , or forces beyond the control of the owner to prevent. Financial inability of the owner or his contractor to secure labor or materials or discharge liens or attachments shall not be. deemed a cause beyond his control . . 19. ARCHITECTURAL CONTROL COMMITTEE: The Architectural Control Committee shall be • composed of the President and any two Vice-Presidents of the U.S. Home Corporation , Tucson Division , 7302 E. 22nd Street, Tucson , Arizona , -85710. A majority of the Committee may designate a representative to act for it. In .the event of death or resignation of any member of the Committee, the remain- ing members shall have full authority to designate a s;:cces sor. Neither the members of the Coiuui ttee, nor its designated representative , shall be entitled to any compensation for the services performed pursuant to this covenant. At any time , the then record owners of a majority of the lots shall have the power through a duly recorded, written instrument to change the membership of the Conrni ttee or to withdraw from the ComYni ttee or to res tore i t , any of its powers and duties . . 20. • APPROVAL PROCEDURE: The Comni ttee's approval or disapproval as required in these covenants shall be in writing . In the event the Committee , or its designated representative fails to approve or disapprove within thirty (30) days after plans. and specifications have been submitted to it , or in any event, if no suit to enjoin the construction has been conlrienced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. 21 . DOMINANT 1EHCM['NT: Each of the lots in said tract shall constitute the Boma man t tenement and be entitled to the benefit of the covenants herein contained as against all of the other lots in said tract which shall com;t:i - tute the servient tenements . 22. TERMS: These covenants are to run with the land and shall be binding on the undersigned and all its successors in title, interest , or possession in all and every part on said premises , until _ 2004 and thereafter said covenants shall be automatically extended for successive periods of Len (10) years , unless and until the owners of a majority of the lots affected hereby amend or revoke the same by written instrument, duly acknowledged , and recorded. 23. DEEDS: Deeds of conveyance of all or any of said lots shall incorporate by reference all of the provisions contained in this document. However, whether or not recited in the deeds of conveyance , these restrictions shall be binding on every owner of every lot in this subdivision. 24. ENFORCEMENT: If the owner or possessor of any l o t subject to these restric— tions shall violate, or attempt to violate, any of the covenants herein , it shall be lawful for any other person or persons owning any real property situated in said tract to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any such covenants and either to prevent him or them from so doing or to recover damages for such violation , or both. 25. SUBORDINATION: clothing contained in the Declaration shall be held to i nva l i - date the ien of any mortgage or deed of trust prior to foreclosure, provided however, that any purchaser at any mortgage foreclosure sale or sale under deed of trust, shall hold title subject to all provisions hereof. 26. SEVERABILITY: Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the provisions , which shall remain in full force and effect. 27. DRAINAGE EASEMENT: Purchaser shall not at any time hereafter fill , block or obstruct any drainage easements and drainage structures on the demised premises , nor shall purchaser cause or suffer to be erected on the demised premises any building or obstruction for the purpose, directly or indirectly, of obstructing , blocking or filling any such drainage easement or drainage structure, and purchaser agrees to make and forever to repair and maintain all such drainage easements and drainage structures on the demised premises , making good nevertheless , at his own expense, all damage to any structure on any lot which may be used directly or indirectly, by his obstruction , blocking or filling any such drainage easements. • , • 'III WITNESS WHEREOF , said STEUART TITLE & TRUST OF TUCSON, as Trustee under Trust No. _ig3 as owner, has caused its corporate name to be signed by the undersigned officers duly authorized this 22nd day of October 1979 STEWART TITLE FA TRUST , an Arizona corporation , • as Trustee under Trust No. 1986 , as Trustee G . only a d—n t in its cor orate capacity. • By ---- ,vim -- -Wit,-C- 7—d�..A_• Pat Spaulding , Assis • nt Trust Officer STATE OF ARIZONA ss COUNTY OF PIMA 1 On this , the 22 _ day of October , 1079 , before me , the undersigned Notary 5 Public , personally appeared Pat Span ding , who acknowledged herself to be the Assistant Trust Officer , and that she , as such officer, being authorized so to do , executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by herself as such officer. IN WITNESS WHEREOF, I have hereunto set my hand and official seal . •'�\,�`1- :,c /.,,;... .. r , .•....,,, , / \-"./.- -,/ --7 . , . , - .. , 1 , A 1_, ' cs: -.. ' ."") i . i ; . ... N ary Public. r' ()- • My Commission Expires: 9 �� �•ti .�- ►•' • � ., 7• ,I, • :y IN WITNESS WHEREOF, said U.S. HOME CORPORATION , a Delaware corporation , as Beneficiaries under Trust No. 1986 , has caused its corpo.cate name to be signed by the undersigned officers duly authorized this 18th day of October , 1979 . U.S. I I ME. CORPOR T I ON • �� • ByG ' v `� Ron Sandl r, Vice--President/Tucson Division STAT ,(�F:,';I,U ,� �0NJ1) 7, ,. . . ss COU?1:6 F1Fti {MIA' •' ,Or :t S., r h/n_ (111:01: day. of October , 19 79, before me, the undersigned Notary 1 ! .-'ter 4 Pu(i •iC ,..personz14}y :appeared Ron Sandler, who acknowledged himself to be the Vi ce- ) ,Pre:3i(lent:fli:.•tt;6,`•Tucson Division of U.S. Home Corporation , a Delaware corporation, and th6:t`.ih0'W.such officer, being authorized so to do, executed the foregoing iristrumen,tfor" •he purposes therein contained by signing the name of the corpora- tion by' h'imsel f as such officer. IN WITNESS WHEREOF, I have hereunto set my hand and official seal . 1 0...r_4/1_,e. "--:,..sr let--e-e..-7 ,(4f-2',./.--;.,- . Notary Public: Barbara S. Bourdette• � • My Com-mission Expires: Auast 25 , 1983 . 1 • — 14024i• STATE OF ARIA ONA ` t hereby cer• '�i/tat the v tliin<<,11o. / ss in,truntcnt C� lil.!(11,1itJ'n'ra �' ' i in Pima Cui cam,. `"''' tecti_cL t�z_��----I COUNTY OF i ' '.1^ -��+.,; f ,��. (bile. .‘10V.?,.90.197.9vciiir,..1 1,1:111...1... CZN-.\ 'r.:...,. l' iluc:.t "I. ;j L'hVAI 11111 e, -1111.r T O1 j f,+I,1 ituli.x A l>! /[[ L i1.'1:_I,� .r_.. :,, cam _.- :rr pcpuly 1 cc:--:)..�--, .....---\-------- 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, August 23, 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: OV10-05-07: RAYMOND YBARRA FROM SIGNATURE DESIGN STUDIO REPRESENTING RUSSELL AND HEIDI TRONSTAD, REQUEST FOR VARIANCE TO EXCEED THE REQUIRED HEIGHT OF 18 FEET, PER THE ORO VALLEY ZONING CODE REVISED (OVZCR), SECTION 23.4 TABLE 23-2A FOR R1-36 ZONE, TO A HEIGHT OF 24 FEET. SUBJECT PROPERTY: (PARCEL #224-02- 1170) LOCATED AT 460 E. STRADA PATANIA, 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: M. Nodine,AICP • • • 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 OVI 0-05-07 RAYMOND YBARRA FROM SIGNATURE DESIGN STUDIO REPRESENTING RUSSELL AND HEIDI TRONSTAD, ET AL was printed and published correctly in the regular and entire issue of said THE DAILY TERRITORIAL for I issues; that was first made on the 8th day of August 2005 and the last publication thereof was made on the 8th day of August 2005 ; that said publication was made on each of the following dates, to-wit: 08/08/05 at the Request of: Town of Oro Valley b `� )L ,� y Legal Advertising Manager Subscribed and sworn to befor me\this 8th day of August 2005 7 f ANiI _. MACIA Not�ryy Pubiic in and for the County of Pima, State of Arizona Nc►ary Public-Arizona Pima County Expires 02/04/08 My commission expires: r r NOTICE OF PUBLIC HEARING BtFORE 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, August 23,2005,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 de- scribed below: OV10-05-07:RAYMOND YBARRA FROM SIGNATURE DESIGN STUDIO REPRESENTING RUSSELL AND HEIDI TRONSTAD, REQUEST FOR VARIANCE TO EXCEED THE RE- QUIRED HEIGHT OF 18 FEET. PER THE ORO VALLEY ZONING CODE REVISED (OVZCR). SECTION 23.4 TABLE 23-2A FOR R1-36 ZONE.TO A HEIGHT OF 24 FEET. SUBJECT PROPERTY:(PARCEL#224-02-11701 LOCATED AT 460 E.STRADA PATA- NIA,ORO VALLEY.AZ.85737. 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 repre- sented.Any person seeking further in- formation on this request for a variance may contact Dee Widero 229-4812 or e-mail:dwidero@orovalley.net. REQ: Bryant M.Nodine,AICP PUBLISH:The Daily Territorial August 8,2005 hrovl0-05-07 j.m PAGE 20 The Daily Territorial AUGUST 8,2005 1 ,� .._..a,. - ► —... 1 wm ye grantee. it you question any Y. Biel, 12138 Sterling, Oro Valley, AZ tax code,or shall be distributed to the TO THE ARTICLES OF D.O.B. 1/25/07 No. PB20050890 NO- other action of the fiduciary, file an ap- 85737; Edward "Sasha" Alexander federalgovernment,or to a state or lo- ORGANIZATION OF CROMWELL TICE TO CREDITORS propriate written petition or motion with NOTICE Juanteguy, 222 N. 1st Av, Tucson AZ cal government, for a public purpose. INVESTMENTS,LLC. NOTICE IS HEREBY GIVEN that Dale the Court. 85719; Nicholas P.Yensen,727 N.9th Any such assets not disposed of shall Pursuant to the provisions of§29-633, Thompson has been appointed Per- This is a legal matter.If you have ques OF PUBLIC HEARING Av.,Tucson,AZ 85705. The number of be disposed of by the Court of Common Arizona Limited Liability Company Act, sonal Representative of this Estate. All tions seek legal advice from an attor- BEFORE THE person to serve on the board of direc- Pleas of the county in which the princi- undersigned limited liability corn- persons having claims against the es- ney. You have the right to represent ORO VALLEY BOARD OF tors thereafter shall be fixed by the By- pal office of the organization is then lo- pany adopts these Third Articles of tate are required to present their claims yourself. If you represent yourself you ADJUSTMENT laws. 8. Known Place of Business: sated,exclusively for such purposes or Amendment to its Articles of Organize- within four months after the date of the In accordance with Sec. 21.6.H of the must correctly follow court procedures. 727 N. 9th Av,Tucson, AZ 85705. 9. to such organization or organizations, lion. first publication of this Notice or the Oro Valley Zoning Code Revised and 9PUBLISH:The Daily Territorial Arizona Revised Statutes Sec. 1. Statutory Agent: Nicholas Yensen, as said Court shall determine,which are The name of the limited liability cor- claims will be forever barred. Claims August 8,15,22,2005 727 N.9th Av,Tucson AZ 85705. 10. organized and operated exclusively for poration is Cromwell Investments, must be presented either to the Per- hrboyles o.t 9-462.06, Incorporators: Linda S.Leigh,PO Box such purposes. L.L.C.(the"Company"). . sonal Representative at the address NOTICE IS HEREBY GIVEN that the 1262, Oracle AZ 85623 ; Phil Hawes, Paragraph # 7: 7. Board of Directors 2. The initial Articles of Organization listed below or filed with the Court.. Oro Valley Board of Adjustment will PO Box 5209,Oracle AZ 85623;Karl The initial board of directors shall con- hold filed on September 28,1995,File DATED this 27 day of July,2005.LAW hold a public hearing on Tuesday, Y. Biel, 12138 Sterling, Oro Valley,AZ sist of director(s). The name(s) and No.L-756599-1,and were amended on OFFICE OF JOHN PRICE By:Is!John NOTICE August 23, 2005, commencing at or September 13, 2001, and further Price AttorneyOF PUBLIC HEARING after 3:00p.m. The meetingwill be 85737; Edward "Sasha" Alexander address(es)of the person(s)who is(are) for Personal Representa Juanteguy, 222 N. 1st Av, Tucson AZ to serve as the director(s)until the firstBroadway, BEFORE THE held at the Oro ValleyTown Hall, amended on February26,2004. five 4400 East Suite 800 85719;Nicholas P.Yensen,727 N.9th annual meeting of the members, if a 3.Article II of the Articles of Organize- Tucson,Arizona 85711-3585 ORO VALLEY BOARD OF 11000 N. La Canada Drive and the Av., Tucson, AZ 85705. All powers, member corporation,or Board of Direc- Lion is hereby deleted in its entirety and PUBLISH:The Daily Territorial ADJUSTMENT su•'-: niiltet be as further de duties and responsibilities of the incor- tors,if the corporation has no members, g placeAugust 1,8,15,2005 In accordance with Sec. 21.6.H of the the following is substituted in its '.•. :e and stead: "II. ADDRESS OF KNOWN crmiller o.t Oro Valley Zoning Code Revised and OV10-05-07:RAY ND YBARRAO poralors shall cease at the time of deliv- or until his(her)(their) successor(s) PLACE OF BUSINESS: STATUTORY Arizona Revised Statutes Sec. -• ESEN AT RE DESIGN STUDIO ery of these articles of incorporation to is(are) elected and qualifies is(are): 9-462.06, the Arizona Corporation Commission. Modify the Board of Directors to replace AGENT. The address of the known REPRESENTING RUSSELLREQUEAND place of business of the Company is NOTICE IS HEREBY GIVEN that the HEIDI TRONSTAD,EREQUEST FOR 11. Discrimination: The corporation Erin Blanchette & Gloria Roberts p y Denise R.Shepherd Oro Valley Board of Adjustment will VARIANCE TO EXCEED THE RE- will not practice or permit discrimination Board Members shall be: Mareta J. 13954 N. Silver Cloud Dr., Oro Valley, 105 East Speedway hold a public hearing on Tuesday, on the basis of gender, age, race, na- Childs 1828 S. Deer Head PI Tucson AZ 85737, and the name and address Tucson,Arizona 85705 QUIRED HEIGHT OF 18 FEET, PER of the statutoryagent is Ken Cla bau h, August 23, 2005, commencing at or THE ORO VALLEY ZONING CODE tional origin,religion,or physical handi- AZ 85748 Alexis Kay Gonyeau 1411 g Y g NOTICE TO CREDITORS after 3:00 p.m. The meeting will be REVISED (OVZCR). SECTION 23.4 cap or disability. 12. Members: The W. Cathedral Way Oro Valley. AZ. 13954 N. Silver Cloud Dr., Oro Valley, IN THE SUPERIOR COURT OF held at the Oro ValleyTown Hall, corporation will have members. AZ 85737." TABLE 23-2A FOR R1-36 ZONE,TO A P 85737 THE STATE OF ARIZONA IN 11000 N. La Canada Drive and the EXECUTED THIS 3rd day of March, This amendment was duly adopted by 4. Article V of the Articles of Organize AND FOR THE COUNTY OF PIMA HEIGHT OF 24 FEET. SUBJECT lion is hereby amended to reflect that subject matter will be as further de- PROPERTY: (PARCEL 7f224-02-1170) 2005 by all of the incorporators/s/Linda act of the incorporators and the Board mane ement of the Company is re In The Matter Of The Guardianship and scribed below: LOCATED AT 460 E.STRADA PATH- S.Leigh/s/Phil Hawes/s/Karl Y. Biel of Directors. Dated as of this 22 day of served to the Members. P Y Conservatorship of: CLARENCE DE- OV10-05-06:CALIFORNIA POOLS NIA,ORO VALLEY,AZ.85737. /s/ Edward "Sasha" Alexander Juan- June,2005.Vine of Grace Retreat Min- CHANT An Incapacitated and Protected REPRESENTING FRANK AND CARO plans iew dur- teguy/w/Nicholas P. Yensen. Accep- istry.Inc. Erin Blanchette President 5.Organ zaeoVI and are h VII of the h etA cl s of f Person. DOB 8/13/14 NO. G LINE LAPERE,REQUEST FOR VARI- nfg normal abus ne s hours atre available for vthe Oro tance of Appointment by Statutory /,/ Gloria Roberts Vice President /n/ 20010042 NOTICE TO CREDITORS ANCE TO ENCROACH INTO THE SID Valley Development tuted Agent. The undersigned hereby ac- Mareta Childs Board of Directors /'/ entirety its place and following NAMES is I AND NOTICE IS GIVEN that Care Coordina- EYARD SETBACK BY 6,5 FEET FOR Center.T Persons interested may appear knowledges and accepts the appoint- Alexis Kay Gonyeau Board of Directorstors,Inc.,Ariz.Cert.Fid.No.20055 has THE SPA AND 5 FEET FOR THE person,by agenty ADDRESSES OF MEMBERS. The in or attorney,and the ment as statutory agent of the EXPEDITED AZ CORPORATION been appointed Personal Representa- POOL,FROM A REQUIRED 15 FOOT above-named corporation effective this COMMISSION FILED JUN 23 2005 names and addresses of the Members five of this estate. All persons havingpetitioners must appear or be repro- of the Company are: Matthew Scott P SETBACK. PER THE ORO VALLEY sented. Any person seeking further cin- 3rd day of March, 2005. Nicholas P. FILE NO.-1165651-4 claims against the estate are required to ZONING CODE REVISED (OVZCM. q Stiteler as Trustee of the Matthew Scott may con on th re nest fora 4812 or Yensen. AZ CORP. COMMISSION PUBLISH:The Daily Territorial present their claims within four months SECTION 23.4 TABLE 23-2A FOR FILED MAR 07 2005 1185559 8 Stiteler Revocable Trust 4830 Mineral may contact Dee Widero 229 4812 or August 4,5,8,2005 after the date of the first publication of 111-36 ZONE, SUBJECT PROPERTY: PUBLISH:The Daily Territorial alvine o.t Way Placerville, CA 95667 Matthew this Notice or the claims will be forever e-mail:dwi Bryant M alley.net. August 4,5,8,2005 Scott Stiteler as Trustee of the Stiteler barred. Claims must bepresented b (PARCEL K225-51-10201 LOCATED REO: Bryant M.The ,AICP albioa hems aintl a s Exempt Marital Trust 4830 Mineral Way y AT 230 E. CAMBRIDGE DRIVE.ORO PUBLISH: Daily Territorial p Y delivering or mailing a written statement VALLEY.AZ,85704, Placerville,Ca 95667 of the claim to the Personal Represen- August 8,2005 ARTICLES OF AMENDMENT TO THE In all other respects,the Articles of Or- Site plans are available for review dui- hrov10-05-07 j.m tative or attorney at the address listed in normal business hours at the Oro ARTICLES OF ORGANIZATION OF ganization shall remain unchanged. above. g ARTICLES OF AMENDMENT CORBETT PARTNERS,L.L.C. IN WITNESS WHEREOF, for the pur- Valley Town ns teve teed mayt Servicepper Vine of Grace Retreat Ministry.Inc. Pursuant to the §29-633, pose of amending the Articles of Or- DATED this he day of J, ,2005.Per- Center. Persons interested appear provisions of Device R. Shepherd Attorney for in person,by agent or attorney,and the HEARING NOTICE 1. The name of the corporation is Vine Arizona Limited Liability Company Act, ganization of the Company under they Representative IN THE SUPERIOR COURT OF THE of Grace Retreat Ministry.Inc. the undersigned limited liability corn- laws of the State of Arizona,the under- PUBLISH:The Daily Territorial sented. Any mustp appear norg be repre- STATE OF ARIZONA 2. Attached hereto as Exhibit A is the pany adopts the Articles of Amendment signed, has executed these Third Arti- sented. on person ueeking further in- IN AND FOR THE COUNTY OF PIMA text of each amendment adopted to its Articles of Organization. des of Amendment to the Articles of Or- August 1,8,15,t o.t05 formation ct this request for a variance crdechant o.t may contact Dee Widero 229 4812 or JUVENILE COURT 3.The amendment was adopted the 15 1.The name of the limited liability cor- ganization this 1st day of Match,2004. In the Matter of BORBOA, Baby Girl day of June,2005. poration is Corbett Partners,L.L.C. MANAGER: Is) Scott Stiteler MEM- email:dwi Bryant M.alley.net. dob 04/21/05 Person(s)under 18 years 4. The amendment was duly adopted 2. The initial Articles of Organization BER: Is/ Matthew Scott Stiteler, indi- _REQ: Bryant M.The Dail,AICP of age. No. S174520 (J149835) byact of the board of directors. NOTICE TO CREDITORS PUBLISH: Dullt8.,2 Territorial HEARINGAMENDEDN NOTICE OF INITIAL [J] [d] were filed on January 25,2000,File No. vidually, as Trustee of the Matthew IN THE SUPERIOR COURT OF August 8.,2005 And with approval,in writing,by the per- L 0937346 0. Scott Stiteler Revocable Trust, and as ON PETITION FOR RELA- sonTERMI- orpersons soTHE STATE OF ARIZONA IN AND hrov10-05-06 j.m specified in the cor- 3.Article II of the Articles of Organize- Trustee of the Stiteler Exempt MaritalNATION OF PARENT-CHILD poration's Articles of Incorporation or Lion is hereby amended to read: "The Trust STATUTORY AGENT:Is/Debo- FOR THE COUNTY OF PIMA In the Matter of the Estate of HERMINIA TIONSHIP(Publication) bylaws. address of the known place of business rah Oseran by execution hereof resigns TO:CLARISSA ,CESAR DATED as of this 22 day of June,2005. of the Company is 13954 N. Silver as statutory agent GARCIA DORAME, Date of Birth:April NOTICE OF HEARING GARCIA andd JOHN JOHN DOE Vine of Grace Retreat Ministry. Inc By Cloud Dr.,Tucson,Arizona 85737,and ACCEPTANCE OF APPOINTMENT BY 25,1928 Deceased.No.PB 2005-0709 SUPERIOR COURT OF ARIZONA, NOTICE TO CREDITORS (a fictitious name),parents of the /V Erin Blanchette-President the name and address of the statutory STATUTORY AGENT The under- PIMA COUNTY above-named child,BABY GIRL 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,August 23,2005, 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: OV10-05-07: RAYMOND YBARRA FROM SIGNATURE DESIGN STUDIO REPRESENTING RUSSELL AND HEIDI TRONSTAD,REQUEST FOR VARIANCE TO EXCEED THE REQUIRED HEIGHT OF 18 FEET,PER THE ORO VALLEY ZONING CODE REVISED(OVZCR),SECTION 23.4 TABLE 23-2A FOR R1-36 ZONE, TO A HEIGHT OF 24 FEET. SUBJECT PROPERTY: (PARCEL #224-02-1170) LOCATED AT 460 E. STRADA PATANIA, 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,August 23,2005, 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: OV10-05-07: RAYMOND YBARRA FROM SIGNATURE DESIGN STUDIO REPRESENTING RUSSELL AND HEIDI TRONSTAD,REQUEST FOR VARIANCE TO EXCEED THE REQUIRED HEIGHT OF 18 FEET,PER THE ORO VALLEY ZONING CODE REVISED(OVZCR),SECTION 23.4 TABLE 23-2A FOR R1-36 ZONE, TO A HEIGHT OF 24 FEET. SUBJECT PROPERTY: (PARCEL #224-02-1170) LOCATED AT 460 E. STRADA PATANIA, 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. AGENDA ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION AUGUST 23,2005 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 June 28 2005 AT THE CALL OF THE CHAIR,THE AGENDA ITEMS MAY BE TAKEN IN ANY ORDER, AS DEEMED APPROPRIATE. PUBLIC HEARINGS: 1. CASE NO. OV10-05-06 CHRIS MITCHELL FROM CALIFORNIA POOLS, REPRESENTING FRANK AND CAROLINE LA PERE, REQUEST A VARIANCE TO ENCROACH INTO THE REQUIRED 15 FOOT SIDE YARD SETBACK FOR SUFFOLK HILLS SUBDIVISION, LOT 82. SUBJECT PROPERTY 2. (PARCEL#225-51-1020)230 E. CAMBRIDGE DRIVE,ORO VALLEY,AZ 85704 3. CASE NO. OV10-05-07 RAYMOND YBARRA FROM SIGNATURE DESIGN STUDIO, REPRESENTING RUSSELL AND HEIDI TRONSTAD, REQUEST A VARIANCE TO EXCEED THE REQUIRED HEIGHT OF 18 FEET, PER THE ORO VALLEY ZONING CODE REVISED(OVZCR), SECTION 23.4 TABLE 23-2A FOR R1-36 ZONE,TO A HEIGHT OF 22.6 FEET. SUBJECT PROPERTY: (PARCEL 224-02-1170)460 E. STRADA PATANIA,ORO VALLEY,AZ 85737. 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: 08/18/05 4:30 p.m. Ih S MINUTES ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION AUGUST 23, 2005 ORO VALLEY TOWN HALL COUNCIL CHAMBERS 11,000 N.LA CA1SADA DRIVE CALL TO ORDER: at or after 3:00 p.m. ROLL CALL PRESENT: John Hickey,Chair Colleen Kessler,Vice Chair Bart Schannep,Member Paul Parisi,Member Thomas Martin,Member MINUTES MOTION: A motion was made by Vice Chair Kessler and SECONDED by Member Schannep to APPROVE the June 28, 2005 minutes,with the change noted. 1. CASE NO. OV10-05-06 CHRIS MITCHELL FROM CALIFORNIA POOLS, REPRESENTING FRANK AND CAROLINE LA PERE,REQUESTS A VARIANCE TO ENCROACH INTO THE REQUIRED 15 FOOT SIDE YARD SETBACK FOR SUFFOLK HILLS SUBDIVISION, LOT 82. SUBJECT PROPERTY (PARCEL#225-51-1020) IS LOCATED AT 230 EAST CAMBRIDGE DRIVE, ORO VALLEY,AZ 85704 Chair Hickey swore in the witness that was intending to testify. Chris Mitchell from California Pools representing Frank and Caroline La Pere, explained that the La Peres were requesting a zoning variance approval for the construction of a swimming pool and spa that would be built partially in the east side yard setback. He reported that the request was based on the lack of buildable area and the steep hillside topography of the property which made it impossible to relocate the proposed project to any other part of the yard. There was discussion regarding the following issues: • The possibility of moving the pool slightly to the north and slightly to the west to avoid the encroachment of the easement needs? • The installation of a retaining wall. • Corn ments and letters from the neighbors located immediately to the east of the property. • Moving the spa to the other side of the pool. Dee Widero, Senior Zoning Inspector,explained that the La Peres were requesting to encroach 6.6 feet into the 15 feet side yard setback to allow construction of a pool and spa. She reported 08/23/05 MINUTES 2 BOARD OF ADJUSTMENT REGULAR MEETING that there were definite slope concerns, and to construct a pool and spa would encroach into the required 15 feet side yard setback by 6.6 feet. She explained that the existing home was built under Pima County setbacks for CR-1 which are: front 30 feet, side 10 feet, rear 40 feet. She reported that the spa portion of this project does not meet R1-36 requirements, as our code requires that the pool meet the required side yard setback. She said that Pima County side and rear yard setback for a pool and spa are 4 feet_ Staff finding of facts: • The existing home was built to meet the Pima County 10 feet side yard setback,and pools requirements are 4 feet from side and rear property line. • The existing home was built on a flat area of this lot,beyond the immediate home and yard, all the property has been left in its natural state. • This proposed pool and spa does not pose any other zoning issues. Chair Hickey opened the public hearing. There being no speaker the public hearing was closed. MOTION: Member Martin moved to APPROVE Case No. OV10-05-06, a request to encroach into the side yard setback from the required 1 5 feet by 6.6 feet, to construct a pool and spa. Vice Chair Kessler SECONDED the motion. Discussion: Member Parisi stated that he understood the homeowners desire to create the yard in the proposed design but the design did not meet all of the criteria findings because there were other alternatives that would not require a variance. Member Schannep stated that he could not support the motion because the special circumstances are being created by the owner and the shape, size and positioning of the spa was clearly presented as a matter of taste. Member Martin believed that the pool design was solely dictated by the topography because of the radical drop off of the slope in the backyard. He stated that in order to put in a negative edge pool, it would be very expensive and would encroach on the existing vegetation. Vice Chair Kessler stated that she was unsure if there were alternatives,but felt that without having to spend an enormous amount of money for a retaining wall she would consider the design to be the most reasonable use of the land. Chair Hickey stated that not all five(5)criteria had been met and was unable to support the motion. MOTION failed to approve the variance request, 2-3,with Vice Chair Kessler and Member Martin in favor of the motion. MOTION: Chair Hickey moved to DENY Case No. OV10-05-06 finding that not all five(5) criteria had been met. Member Parisi SECONDED the motion. 08/23/05 MINUTES 3 BOARD OF ADJUSTMENT REGULAR MEETING Member Parisi reported that he has spoken to staff regarding setbacks:however the Town p p g g Council was responsible for the current Zoning regulations. He suggested recommending to Council that they look in the future at having staff be responsible in determining particular setbacks and at similar requests to avoid a variance request. Motion carried, 3-2,with Vice Chair Kessler and Member Martin opposed. 2. CASE NO. OV10-05-07 RAYMOND YBARRA FROM SIGNATURE DESIGN STUDIO, REPRESENTING RUSSELL AND HEIDI TRONSTAD, REQUEST A VARIANCE TO EXCEED THE REQUIRED HEIGHT OF 18 FEET, PER THE ORO VALLEY ZONING CODE REVISED (OVZCR), SECTION 23.4 TABLE 23- 2A FOR R1-36 ZONE, TO A HEIGHT OF 22.6 FEET. SUBJECT PROPERTY: (PARCEL 224-02-1170) LOCATED AT 460 E. STRADA PATANIA, ORO VALLEY, AZ 85737 Chair Hickey swore in the witness intending to testify. Raymond Ybarra, from Signature Design Studio representing Russell and Heidi Tronstad, reviewed the site and reported that the remodeling of the home would include a 3 car garage, new entry, new living space, back patio,master bedroom and bath and second floor with a couple of decks. He reported that the Tronst ads were requesting to exceed the 18 feet height requirement by 4.6 square feet. He proceeded to review pamphlets that contained exhibits of the proposed plan. The exhibits included neighboring homes,vegetation and structural plan for the home and directional photos from the homes of the surrounding community. There was discussion regarding the following issues and concerns: • Were the aesthetics causing the problem? • Alternate design. • The additional second level. Dee Widero, Senior Zoning Inspector reported that the Tronstads were requesting to exceed the R1-36 zone height requirement of 18 feet by 4.6 feet, to build a 2882 square foot remodel and addition. She explained that the applicant proposed plan is a Santa Fe style home and will exceed the height allowed by four and one half feet. She explained that the existing home was built in 1980, as a 2421 square foot one story building, in compliance with the Pima County standards fro CR-1. She reported that the new addition of 2882 square feet would still meet Pima county standards, and meets Oro Valley requirements except for the height. She said that the natural vegetation in the rear would not be disturbed or destroyed from the proposed construction. Staff finding of facts: • The original home was built in 1980; per Pima County standards, annexation did restrict height to 18 feet versus 34 feet. • Staff did a survey of the neighborhood and the majority of the homes are single story; several homes are 18 feet or higher in height; only a small number are two-story. 08/23/05 MINUTES 4 BOARD OF ADJUSTMENT REGULAR MEETING • The Town of Oro Valley has no record of a Home Owners Association for Tangerine Hills. However, neither Pima County nor the Town of Oro Valley governs over Covenants/Code/Restrictions. • If this request is approved by the Board of Adjustment, due to the second story,the owner will be required to apply for approval from the Development Review Board. • This proposed addition does not pose any other zoning issues. Chair Hickey opened the public hearing and swore in all witnesses that were intending to testify. James Bermel, 201 East Strada Patania,was opposed to a 2-story homes and felt that the request would set the precedent for future residents wanting a 2-story home. Charles Gainis, 430 East Strada Patania,was in support of the variance request and felt that the applicant had been very sensitive to the surrounding neighbors. Robert Schuelke, 11700 North Edi Place,was not in support of the variance and had concerns that if the variance was approved it would set the precedence and other neighbors would be encouraged to build 2-story homes. Denise Carpenter, 491 East Tangelo Drive,was opposed to the new addition because it would infringe on her home's private space,the second-story was not necessary and would set a poor example for future residents. John Carpenter, 491 East Tangelo Drive,was opposed because it would obstruct his mountain views and impede upon his privacy. Bill Adler, 10720 North Eagle Eye Place, stated that there was no evidence that would dictate that a variance was necessary. He said it was the responsibility of the Board of Adjustment to maintain the integrity of the Zoning Code;therefore,the Board should not make any exceptions and should adhere to the five (5) criteria of the Zoning Code. Chair Hickey closed the public hearing. Russell Tronstad, the applicant submitted additional photos of the property to the south to show and there would be additional trees planted. Also, he clarified that the total amount of living space for the home after completion would be approximately 3000 square feet. Mr. Ybarra stated that regarding the neighbors to the south,he would provide the necessary vegetation needed, but the decks would remain as a part of the design. Chair Hickey stated that the 5 criteria had not been met and that the Board was limited by State Law and had to adhere to the law. ra \ MOTION: Member Parisi moved to DENY Case No. OV10-05-07.Member Martin SECONDED the motion. 08/23/05 MINUTES 5 BOARD OF ADJUSTMENT REGULAR MEETING • Discussion: Vice Chair Kessler p explained that there were no special circumstances in the case P such as the size, shape or topography of the lot that was any different than the surrounding property. She believed that there was a way the family could enjoy and preserve the value without requesting a variance and by granting the variance,it would be a special privilege. Motion carried, 5-0, to DENY Case No. OV1 0-05-07. PLANNING AND ZONING UPDATE No report. ADJOURNMENT MOTION: A motion was made by Vice Chair Kessler to ADJOURN the meeting at 4:31 p.m. Member Schannep SECONDED the motion. Motion carried, 5-0. Respectfully submitted, Linda Hersha, Office Specialist r LLEY AA TOWN OF ORO VALLEY o� COMMUNITY DEVELOPMENT DEPARTMENT 0 -9 Planning and Zoning•Building Safety 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 ;144 Parks and Recreation :eK 44- 'lb` 680 W.Calle Concordia,Oro Valley,AZ 85737•(520)229-5050 Fax(520)797-2202 `JUNDED\g August 26, 2005 Mr. &Mrs. Tronstad 460 E. Strada Patania Oro Valley, Az 85737 RE: Case No. OV10-05-07, Parcel #224-02-1170, request for variance approval to exceed the required height of 18 feet for R1-36 zone for the above address. Dear Mr. and Mrs. Tronstad, At their regular meeting of August 23, 2005, the Board of Adjustment voted to deny approval for your variance request. 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, fs ('LL)416' (C(L-P Dee Widero Senior Zoning Inspector Town of Oro Valley C: Raymond Ybarra, Signature Design Studio, P.O. Box 17107, Tucson, AZ 85737 File www.townoforovalley.com O,P`LEY AR�O O('`. 4/-7 0 TOWN ORO VALLEY if V PLANNING AND ZONING DEPARTMENT rw� 11000 N. La Canada Drive, Oro Valley, AZ 85737 (520)229-4800®Fax (520) 742-1022 OUNDED �g December 11, 2007 Mr. and Mrs. Tronstad 460 E. Strada Patania Oro Valley, AZ 85737 Dear Mr. and Mrs. Tronstad: We spoke with you recently regarding a concern you submitted to Brian Townsend aid at the State Senate office. You reported that you were denied the ability to complete a residential construction project due to the fact that an annexation transpired in Oro Valley, which in turn, denied your ability to construct as planned based on Oro Valley Town Code. I realize this must be frustrating and I am going to explain what we have in our historic files regarding this project. In 1994, Oro Valley annexed your residential area with the consent of the majority of the area property owners. In July, 2005, you submitted plans to the Town for review and approval to build a second-story addition on your home. As per Town Code, you were required to take your request to the Board of Adjustment for review and approval because the addition exceeded the Town's height code of 18 feet in a R1-36 zone. At that time, the board did deny your request based on the fact that it did not meet the findings required for a variance (please see attached meeting minutes). We further investigated any type of county approval granted to you prior to the annexation, and were unable to locate any information of this nature. There are no approvals on file. Mr. Tronstad, the Town in not denying your ability to renovate or improve your property; however, it must be done within the Town Code, and the original request of 25-feet was not approved based on the 18-foot maximum for your zone. I have taken the liberty to copy your file for your records and if you wish to pursue construction or renovation of your property I hope that you will contact us for assistance with your project. We are happy to meet with you regarding your plans and any questions you may have. Respectfully, 1 z.,„ Gt ~ Q___ Sarah S. ore, FAICP Director, Planning and Zoning c: Jerene Watson, Assistant Town Manager www.townoforovalley.com