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HomeMy WebLinkAboutOV100509 ORO VALLEY PLANNING AND ZONING DIVISION BOARD OF ADJUSTMENT REPORT CASE NO: OV 10-05-09 Hearing Date: December 27, 2005 Agenda Item No.: 1 Prepared By: Dee Widero, Senior Zoning Inspector REQUEST: BERTHA E. CAMPBELL, REQUEST FOR A VARIANCE TO INCLUDE A FULL KITCHEN IN A PROPOSED GUEST HOUSE FOR AN ELDERLY PARENT IN THE RANCHO VERDE SUBDIVISION, LOT 167. SUBJECT PROPERTY: (PARCEL #225-09-1880), 1032 W. WILKERSON DRIVE. REQUEST SPECIFICS: Bertha Campbell is requesting to include a full kitchen in a proposed guest house, for an elderly parent. SITE LOCATION: Rancho Verde subdivision can be reached by traveling east on Calle Concordia from La Canada Drive to Raleigh Drive, turn north (left), the first street to the east is Wilkerson Drive, turn and follow around to 1032 W. Wilkerson, on the left side of the street. The property has been posted with a notice of hearing. 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 not received any public comment in support of or in opposition to the request. On December 9, 2005, staff heard from a neighbor, her concern was not the full kitchen ("I don't give a hoot about the kitchen, they will do that later anyway"),y ), but the lights from vehicles pulling into the rear of the yard, shinning into her home at night. If this is approved, would we place a condition to relieve that issue? SITE ANALYSIS: Rancho Verde is an 84-lot subdivision recorded in November 18, 1971; in Pima County and zoned CR-1. A portion of this subdivision was annexed into Oro Valley (all except lots 87-116) in September of 1984. Surrounding properties are: North — Saddle Valley II, zoned R1-43; South and West — Unincorporated Pima County, zoned CR-1; East — private parcels, zoned R1-144. Lot 167 does not have any topographical issues. .. 1 V 1 PLAN ANALYSIS: The proposed guest house is an allowable use for an R1-43 zone. A full kitchen facility is considered a dwelling unit; only one dwelling unit is permitted in a single family residential district. SUMMARY: Staff finding of facts: • A guest house for R1-43 is an allowable use. • A full kitchen is considered a dwelling unit. • The home located at 1022 W. Wilkerson is currently building a guest house, without a full kitchen. • The home located at 1045 W. Wilkerson, does not have a guest house, they did add a garage. • The home at 1052 W. Wilkerson, appears to have a guest house, we do not have any history on the addition. • The home at 9370 N. Raleigh, appears to have a guest home, we do not have any history on the addition. 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 nr surroundings do not other properties the district; and ..JHI ....... bllll`U which ..�.� lay. apply to other properties in ui d B. That special circumstances were not created by the owner or applicant; and C. That the authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights; and D. That any variance granted imposes such conditions as will assure that the authorizing of the adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located; and E. That the authorizing of the variance will not be materially detrimental to persons residing in the vicinity, to adjacent property, to the neighborhood or the public welfare in general. SUGGESTED MOTION: The Board may wish to consider the following motions: I move to approve OV 10-05-09, a request to allow a full kitchen in a proposed guest house. OR I move to approve OV 10-05-09 as submitted by the applicant with the following stipulations: • Vehicle lamps shall be adequately screened from adjacent properties. • Outdoor lighting for any accessory building and/or guest house shall have full cutoff fixtures installed under canopies, building overhangs, or roof eaves. Light fixtures shielded by the canopy, building overhang, or roof eaves in such a manner that no lamp or vertical element of a lens or diffuser is visible at the property line. • This guest house shall only be used to house guests of the occupants of the principal building and which is never rented or offered for rent. OR I move to deny OV 10-05-09 finding that: (Board to state reason why the variance cannot be granted). ATTACHMENTS: l. BOA application/appendices 2. Location map 3. Letter from Thomas E. Lindow, M.D. 4. Neighborhood survey 5. Site plan 6. Code references F:\O V\O V 10\2 005\1 0-0 5-09\R E PO R T.d oc yPV EY�R,e0 TOWN OF ORO VALLEY ti PLANNING & ZONING DIVISION ' 11,000 N. LA CANADA DRIVE, ORO VALLEY AZ 85737 • : • Phone: (520) 229-4800 Fax: (520) 742-1022 FO•'�NOED�9la BOARD OF ADJUSTMENT APPLICATION FOR: Zoning Variance Note: Submittals are due by noon Zoning Interpretation Appeal of Administrative Decision CASE NO.: 0 V jc -a s -0 NATURE OF REQUEST: See i- .ci h ed le tter PCrMLc5wv\ tOt- tv % .i.utc$fr /7,o/A afo-r eideriti ,pareid, APPLICANT: E, (be 1-1-9) PHONE: 5ZC.9.504 11 7520 '17- 0 , FAX: 6.2C ge7"57;476 ADDRESS: /039 IV, /ICi ct e- OWNER: SAMit pp i\ca o ADDRESS: : a.w e PROPERTY LOCATION FOR VARIANCE REQUEST: /t37 ) /J /kui co dr/t'e PARCEL#: „59.5-- Q-/q6 LEGAL DESCRIPTION: Rv' tv t)e j Lir (L 7 CURRENT ZONING: R t - APPLICABLE FEE: ATTACHMENTS: d I n fi 1ocr p /an, '-y_ tiorr" e i e ci�7 Y\s SIGNATURE OF APPLICANT (ALSO PRINT NAME) DATE 1 SUPPLEMENTAL QUESTIONS FOR APPLICATION FOR A VARIANCE Please provide the following information addressing 1 - 5 in the Findings from Section 21.6 I of the Oro Valley Zoning Code Revised (OVZCR). In order to authorize a variance request, the Board will be searching for sufficient evidence in accordance with the findings. 1. Are there special circumstances or conditions applying to the property referred to in the application including its size, shape, topography, location or surroundings which do not apply to other properties in the district? �r P/'o/)eriy /t'vi r-4 a C ik '�71 /7oti' ,i d .shi/ ma"pi rk in 5 *lit ()poll"55 of Hu 1 e ,aiml Ailei .fith /Yh 0r1 2t70771`' 2. Are there special circumstances that exist that are not self imposed or created by the owner/applicant? 4Pf// //tip- r&-et k.st hu�& id, , 00,1 ty 2t o c 3. Is the authorizing of the variance necessary for the preservation and enjoyment of substantial property rights? avLci v, i e t'r� /9c i y ci £c _., see- ill, XIS +1,r-- C It t4, L , ll�• / ' -: / ?qq /o,z; id ii.xi oise)dr� c 9 7D A Mdbele• 4. If granted, will the variance impose such conditions as will assure that the authorizing of the adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located? vtgt4tberr<5 1tc1+� evt..To cc1 vi c'r 4 k4 � ` as. 4-r- n t. iftiA, -Yieif doer yk,i c, �� � are d '-re A-1 ly _ a,/(1ii . q •)f adekr5 yid eki Ira v t 1 tos� f 54-'`f''e 1- i 0" C /c r.. e i ) c7 4 a) 5. If granted, will the variance be the minimum necessary to afford relief and will not materially affect the health, safety, and welfare of the neighborhood or surrounding properties. tp L& Y V, o-v" k e.vAA-11 \u k' [ hoo vrtiutei.. , l .&Irk i I t-1 e. e_wv t -o e vt- tor r 1 b'c - a A-) 0-1-teivi\a\ M .aiti2 r of- Val-5 6-,,,_t \ a k5 \\* Y\ terr.\\06)A tit ►^es-1-r cc \\ILAri-.! 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 45 copies of 11 x 17 building elevations, if applicable Provide an estimate of the incremental cost of the change in, or additions to, the property, such estimated cost to be endorsed as accurate by a licensed contractor or engineer. Any additional comments/information you wish to provide regarding your request. BOARD OF ADJUSTMENT APPLICATION E H c i LL►J For applications or appeals involving construction of any nature, which require legal advertising and posting of property affected, the fees are, as follows: Variance or Appeal of Decision (1 item; 1 lot) Corporate $600.00 Variance of Appeal of Decision (1 item; 1 lot) Individual $150.00 Fees for each additional, simultaneous variance or appeal $100.00 3 TuWN OF ORO VALLEY PLANNING DEPARTMENT 11000 N.LA CANADA DRIVE ORO VALLEY,AZ 85737 PHONE: 229-4800 FAX: 742-1022 RECEIPT ****************************************************************************** REFERENCE NUMBER: DS0500465 RECEIPT #05P00600 SITE ADDRESS: TAXCODE: DATE: 11/21/2005 TIME: 04:29 PM COMP TYPE: MISCELLANEOUS RECEIPT TYPE: DESCRIPTION: ZONING VARIANCE APPLICANT: BERTHA E(BETTY)CAMPBELL OWNER: Notation: ZONING VARIANCE Receipt By: DRM ******************************************************************************************* DRM PAID BY: Type Method Description Amount Payment Check 6011 150 . 00 TOTAL: 150.00 FEES PAID: Description Account Code Current Pmts BOA INDIVIDUAL FEE ITEM 001-000-408 150.00 TOTAL: 150.0 0 Current 2006 Pima County Assel Property Inquiry Search ParceI2007 ParceI2005 History Residential Notieegarti Tax TaxCO laxBih Summary Genealogy PRC farms Nuts MapG CaM3 PARCELI2250918 ji80 saN. .'k'ADIDSPtCHKil SPECIAL CHECK HELP Book-Map-Parcel: 225-09-1880 TaxArea: 1019 TaxYear: 2006 TaxPayer information Recording Information CAMPBELL BERTHA E Docket 571.0 Page 87 Date Feb-08-1978 1032 W WILKENSON DR TUCSON AZ Miscellaneous 85737 0000 Section 23 Twn12.0S Rng13.0E Mal&Plat 22 / 35 ,pimaxpress LandMeasure 1.00S Legal Description E3 MarketArea: CASAS ADOBES (11) RANCHO VERDE LOT 167 Tract Block() Lot 0167 GroupCode CensusTract 4607 UseCode 0131 File-id 1 Date of Last Change Oct-04-2005 Property Address t032 W WILKENSON DR(OV) SFR GRADE 010-3 URBAN SUBDIVIDED Secondary Valuation Data LeoislativeClass FullCash Percentage Assessed Land RES OWNER OCC(5 0) $40,000 1 0.0 $4,000 Improvements RES OWNER OCC(5 0) $1 19,247 10.() $11,925 2005 Personal Property Gross Value Totals S159,247 $15,925 2005 LNITD/SCND Exemptions Net Value Totals S159,247 $15,925 PriorLimitedValue: $141,885 CurrentLimitedValue: $156,074 • . ____________ _______ _________ Supervisor District ( ) ANN DAY Recordings 89751'9080 Map Selection 2124D.T1F 2006 Valuation in Progress. Pima County Assessor—115 N. Church —Tucson Az. 85701 Authorization: County Assessor— 159.233.223.117 www.asr2.co.pima.az.us http://www.asr2.co.pima.az.us/apiq/asrsqlyy.cfm?taxcode=225091880&inyear=2006&RequestTimeout=120 10/4/2005 Town of Oro Valley Planning&Zoning Division November 15, 2005 Board of Adjustment Application For: Zoning Variance Nature of Request: We request a variance to allow for a full kitchen facility in our proposed guest home on our property at 1032 West Wilkinson Drive. After the demise of my Mother's husband, of forty five years plus, in January of this year, she finds herself suddenly alone with a home and yard that is too much for her to care for. Our Mother is very strong willed and controls her diabetes with her diet. She loves life and we hope she lives for a long time. We would like to provide her with a safe home where she can be self sufficient, independent, be able to cook for herself,her friends and family and yet be close in case of an emergency. For example, a few weeks ago she had a dizzy spell and could not keep her balance or walk she was scared and in tears when she finally called for help. We live at least thirty minutes away but managed to get to her and bring her to our home,where she stayed until her visit to the doctor. Thank god this was not life threatening. I am the original owner of this property and only have the neighborhood's best interest at heart. Looking forward to providing my Mother with a new home where she will be surrounded by family, friends and good neighbors. To summarize,we wish to provide Mom with the quality of life she deserves and is entitled to for the rest of her life. Thank you for your consideration of this request. Should I be able to answer any further questions please do not hesitate to call me at 520 250-4811. Sincerely, B. E. Campbell 1032 W. Wilkinson Drive Oro Valley Attachments: Application, Doctor's letter dated 10-27-2005, Petition of immediate neighbors having no objection to allowing a full kitchen in our guest home. Site Plan, Proposed floor plan, Elevations. rage ioi1 • Lot1 nf3r niati }n Re c,i..3G S t R ,i..ii ij I SC ? k'1'-..; -u R .L''f t , . Parcel Number:225091880 z For more detailed information regarding this parcel,please click here. t x . .�- . '� Street Address: u _ ,Y_ • _ 1032 W WILKENSON DR OV: ilit tit. . • 1;1,147 .,,, ,,,,i4. ti-..,,,,,., .. , ' x , ' - ` '' Current Mailing Address: : �' "Y' CAMPBELL BERTHA E `� �� k ..0 � �% '� � �, 1032 W WILKENSON DR TUCSON AZ :7 1 r. , '" 1 : 4 857370000 It 4, iJ*'Y 4. . Legal Information: OV a_ " �� RANCHO VERDE LOT 167 :. m'! �� (AFF: 8975/908) Subdivion Plat Book and Page::22035 • • View Subdivion Plat from Pima County Flood Plain Information: Lot.Not in Flood Plain Disclaimer:This information should be verified by the Oro Valley Zoning Department.The Town of Oro Valley expressivly disclaims responsiblity for 1 damages or liability that may arise from the use of this map. '; Oro Valley Zoning Code:R1-43 ,i. Zoning Code Explanation:Single Family Residential 1 RAC Conditions: No Conditions found on this Lot h ',. General Plan Designation: Descrptions for General Plan Designations are currently unavailable.Please c� R, o refer to the General plaid web site. E O 4 §o This location is located in the Amphitheater Public School District.For more xi information on which schools are available in the area,please visit the 1 Amphitheatre School District V!/et�site. ��a,,tlCY qR/<-G 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. 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I 'llir-T 4 1 -k" , ''.'„; - **7.1, -- -,ii..,...„ , ----x: • . '''- t* {jam 7� T ,„, ) T c i • 4 4 • if-,, 1 , •• „ *..,,,,rt fir c .. * ,,,,,,, ...., ..-• -•,_, _ :, : • . •,0 Ad ,.).,,.115.4 *ty .". 'i" 1 MY• S Y }P �e� 1 o f +S '^F '`i. j` " q i a 'i i - pit lir 4064goi,,,,,40 4- ,..: 1 ir i.l3- : -1111 Ilt 1111 , Ilk.k R-.-- , ,...,IF,,,, ,- ,-4-, . .41, '. .1* :- II- t•'' :mii,.{ '.r ., . �'k-' f i. ! F T,_4 . y " "" ,I� 3 'tin._ `4 ; a ',Iry`� 4,4 „is 0 c ► ,1 1# k a g - If, :4_ 4 41, ., * . +R THORIAS E. LINDOW, M.D., P.C. INTERNAL.MEDICINE CURTIS WINCHESTER, P.A.-C. 1500 Nr AXT;Irnt Telephone 520 296_6000 ✓vV i.. .r v Telephone 11V 11V ✓LV LlV-VVVV Suite B-140 Facsimile 520 296-9864 Tucson, AZ 85712 October 27, 2005 Re: Lilly Hobbs To whom it may concern: My patient, Mrs Hobbs, is a 78 year old woman who has diabetes and coronary heart disease. These are chronic, irreversible, and progressive diseases, which are anticipated to cause increasing debilitation in the coming years. Her daughter has wisely arranged to have a new residence built for her mother adjacent to her own, so that she will be available to assist her mother with her daily needs now and into the future. Mrs Hobbs is fairly independent thus far. Her residence must therefore be able to accommodate her independent living as long as possible. This means that she must have a full kitchen, including an oven and range as well as refrigerator. nnrajs7 AJ 111V V1 'V Thomas E. Lindow, M.D. M Town of Oro Valley November 2005 Planning and Zoning Division We the undersigned,neighbors of B. E. Campbell at 1032 West Wilkinson Drive, have no objection to granting the proposed variance for a full kitchen in the guest house which will be built on said property. Signatures: Property Address: :_17,_) '„///1/ /7) 2, L-1. Li r L,%('-{.4)5 t)J ,:),4 FRS 0 stii)h;'o,--1 141/lizt)Pnlir-- `?3,56 i. /JL?l6- 7 L / 73 70 d Y fa( A 7)1/1 1-...,cor; i L -71/flr- ,.4 ----7/6-e IA-1-- 1Oa-z W.G0Ii/kelioxibr- Li 511- C/ 7t/A- (o6 ti \ {L Se N. - . \\ I \ \. N\ \ \. \ \ \ \ \ •\ \ \ \. \ \ \ \ \ \ \\ \ \ \ { a �o�\s. MI LOT #167 r N 41. c\ \`° \ LOT SIZE — 1 . 14 ACRES Q .. F \ s \ Li M �It\\(\)- \. Z a SF� \'9,p° \ A W B\ \S \ • D qc\ \B \ -.I • DRIVE 9�' . \ r N Li 3 \ \ \\ 1.1 V z \ \ \ PROPOSED \ \ \\ GOEST \ \ I HOUSE \ \ \ \ \. L �` � �SOF�q/� ; \ • SIp qCC� �T 6qG , I., \ \ YqR�SgRY..`C� ( :' \ \ \ \ SFT 6gC�LD G� • EXISTING \ \ \ � • � \ �` , � .` DRIVE \\ \. /�,�' / j SITE PLAN SCALE 1" = 40'-0" 47'-6" i 30' ,� 17'-6' s r - BATH LE1 0 I CLO. - — I r _ RANGE X L _ AND I DW I MIRCO r i — L —' KITCHEN — P • FRIG 23' BEDROOM LIVING ROOM 3 3' [ t M [ 1 GARAGE 10' COVERED PATIO _ IS IS ® '1 1' FLOICH D L A \ LIVING = 690 SQ. FT. 1 PATIO = 300 SQ. FT. SCALE 1 /4 = 1 -0 GARAGE = 420 SQ. FT. NORTH TOTAL = 1410 SQ. FT. 1 T 11'-6" A.F.F.E. IMMOMO l AA MMOM uiiuuiMMa lnn AMMAOAMAMMUAAMMMA iIMMOMMMO����MM��A�A� 1 1 FIN FLOOR FIN GRADE I t ,NORTHEAST ELEVATION SCALE 3/16 = 1'-0" 11'-6" C I FIN 1 FIN FLOOR GRADE ( SOUTHWEST ELEVATION SCALE 3/16" = 1'-0" ' J , 11'-6" A.F.F.E.t I l 11'-6" FIN FLOOR FIN FLOOR FIN GRADE I ( FIN GRADE I ( NORTHWEST ELEVATION SOUTHEAST ELEVATION SCALE 3/16" = 1'-0" SCALE 3/16" = 1'-0" Section 21. 6 Board of Adjustment A. Scope The Board of Adjustment shall hear and decide requests for variances and appeals of interpretations of this Code in accordance with A.R.S., Section 9-462.06. Zoninn Cnria/Orn VadIRv A7 May Inn' CHAPTER 21: REVIEW AND DECISION-MAKING BODIES Section 21.6 Board of Adjustment B. Powers and Duties 1. Interpretation The Board of Adjustment shall interpret this Code on appeal when: a. There is a dispute between the appellant and the Planning and Zoning Administrator or other Town Official as to a decision or interpretation as set forth in Section 21.6.F; or b. The location of a zoning district is in doubt. 2. Variances The Board of Adjustment may allow variances from the provisions of this Code in accordance with Section 21.6.1, Findings. C. Meetings, Administration of Oaths, and Compelling Attendance of Witnesses All meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. All meetings of the Board shall be open to the public. The Chairman, or in his absence, the acting Chairman, may administer oaths and compel the attendance of witnesses in accordance with the laws of the State of Arizona. D. Composition 1. Appointment The Board of Adjustment shall be composed of 5 members appointed by the Town Council. 2. Term Appointments are for staggered terms of 2 years each with no limit on the number of terms. 3. Vacancies Vacancies shall be filled for the un-expired portion of that term within a reasonable time period as provided for by appointments of the Town Council. the Council. 10 May 2005 Zoning Code/Oro Valley AZ CHAPTER 21: REVIEW AND DECISION-MAKING BODIES Section 21.6 Board of Adjustment 4. Removal The Town Council has the authority to remove, by majority vote, any member for neglect of duty, inefficiency, or misconduct in office. E. Transaction of Business 1. The Board of Adjustment shall conduct its business in accordance with the Arizona Revised Statutes and applicable Town regulations and any rules and procedures as adopted by the Town Council. 2. The Town Clerk, or an appointed representative from the Town Clerk's office, shall serve as the Executive Secretary of the Board of Adjustment and the minutes and records of all board proceedings will be kept and filed as public record in the files of the Town Clerk. F. Appeals from Administrative Decisions Appeals may be taken to the Board of Adjustment by persons aggrieved or by any officer, department, board, or bureau of the municipality affected by a decision of an administrative official, within 30 days, by filing with the officer from whom the appeal is taken, and with the Board of Adjustment, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit all papers constituting the record upon which the action appealed from was taken. Said appeal shall be filed on a form provided by the Town Clerk. 1. An appeal shall stay all proceedings in the matter appealed from unless the officer from whom the appeal is taken certifies to the Board that, by reason of the fact stated in the certificate, the stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by restraining order granted by the Board or by a court of record on application and notice to the officer from whom the appeal is taken. The Board shall fix a reasonable time for hearing the appeal and give notice thereof to the parties in interest and the public. 2. The concurring vote of a majority of the Board shall be necessary to reverse any order or decision of an administrative official, or to pass or to affect any variations from the terms and conditions of this ordinance. G. Application for Variances 1. Application for a variance of zoning regulations shall be made to the Board of Adjustment in the form of a written application. Said Zoning Code/Oro Valley AZ May 2005 11 CHAPTER 21: REVIEW AND DECISION-MAKING BODIES Section 21.6 Board of Adjustment application shall be filed with the Town Clerk upon forms provided by the Board of Adjustment. H. Hearing and Notice Upon receipt in proper form of any such application, the Board of Adjustment shall proceed to hold a public hearing upon said application not more than 30 days, nor less than 15 days, after such filing, at which time all persons shall be given an opportunity to be heard. Such Board of Adjustment shall cause one notice of such hearing to be published in a newspaper of general circulation in the Town of Oro Valley and one notice to be posted on the subject property, giving at least 15 days notice of said hearing, and the time and place where said hearing will be held. Q' ;r1 nnfino kntik nI Iklinknri -nri nnofori nh�nur+inn nnYl lrn ni V ClIV I UVIII GJ J..11./11JI IGV UI IV IJVJLGV, JIIGIII UIJV .711VYY LIIG IIGIVIG VI 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. �__-------tom i. I. Findings A variance from the provisions of this Code shall not be authorized unless the Board shall find upon sufficient evidence: 1. That there are special circumstances or conditions applying to the property referred to in the application including its size, shape, topography, location or surroundings which do not apply to other properties in the district; and 2. That special circumstances were not created by the owner or applicant; and 3. That the authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights; and 4. That any variance granted imposes such conditions as will assure that the authorizing of the adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located; and 5. That the authorizing of the variance will not be materially detrimental to persons residing in the vicinity, to adjacent property, to the neighborhood or the public welfare in general. J. Action The Board shall prescribe, in connection with any variance, such conditions as the Board may deem necessary in order to fully carry out the provisions and intent of this Code. Such conditions may include, among other things, a limitation of the time for which such variance shall 12 May 2005 Zoning Code/Oro Valley AZ CHAPTER 21: REVIEW AND DECISION-MAKING BODIES Section 21.7 Appeal Hearing Officer be valid. Violation of any such condition shall be a violation of this ordinance and such violation shall render the variance null and void. K. Review 1. Any person aggrieved by a decision of the Board after hearing on application made by any taxpayer or municipal officer, may petition for a writ of certiorari to review the Board's decision pursuant to ARS Section 9-465 (1956) as amended. CHAPTER 31: DEFINITIONS a. Underground parking space b. Uncovered steps c. Exterior balconies 156. Gross Land Area Shall mean the area of a parcel of land excluding all streets and alleyways in existence at the time the development plan is submitted. Those portions of such parcels which subsequently may be designated as streets or alleyways, whether dedicated or not, shall be included in the determination of gross land area. 157. Grubbing The removal of trees and other large plants including their roots. 158. Guest House Shall mean an attached or detached accessory building used to house guests of the occupants of the principal building and which is never rented or offered for rent. Any guest house providing kitchen facilities shall be considered a dwelling unit. 159. Habitat Shall mean the place or type of site where a plant or animal naturally or normally grows and lives. 160. Halo Illumination illumination produced by recessing a light source inside a hollow character with an open back or within the surface to which they are mounted. An outline glow around the characters is created by this light reflecting off the background to which the characters are attached. 161. Health Studio or Health Spa Shall mean a place or building where exercises and related activities are performed utilizing weight control or muscle building equipment or apparatus. Health studio shall also mean a place or building which provides massage, exercise, and related activities with or without such equipment or apparatus. Health studio or health spa shall not include massage by one (1) person to another of the opposite gender. 162. Heliport Shall mean an area that is used or intended to be used for the landing and takeoff of helicopters and may include any or all of the areas of buildings which are appropriate to accomplish these functions. 163. High-Rise Building Shall mean a building that exceeds 30 feet in height as defined herein. �__ __ r._.a, A nnn‘,7nnc A-46 CHAPTER 23: ZONING DISTRICTS Section 23.6 Property Development Standards for Single-Family Residential Districts 5. Buildings, Corrals or Other Livestock Structures must be placed 100 feet from all property lines. This setback may be reduced to 50 feet if a solid wall a minimum of 6 feet high is provided to restrict view and sound. C. R1-144 Single-Family District The provisions of Section 23.6.A shall apply. The following additional requirements shall apply in this district. 1. Detached Accessory Buildings Setbacks 20 feet from side and 40 feet from rear if building is not used for poultry or animals; 100 feet if building is used for poultry or animals, except that it may be reduced to 50 feet if a solid wall a minimum of six (6) feet high is provided to restrict view and sound. D. R1-72 Single-Family Residential District The provisions of Sections 23.4 and 23.6.A shall apply. The following additional requirements shall apply in this district. 1. Detached Accessory Buildings Setbacks Side and rear: 35 feet. 2. Grading Limits 20,000 square feet. E. R1-43 Single-Family Residential District The provisions of Sections 23.4 and 23.6.A shall apply. The following additional requirements shall apply in this district. 1. Detached Accessory Buildings Setbacks Side and rear: 15 feet. F. R1-36 Single-Family Residential District The provisions of Sections 23.4 and 23.6.A.3 shall apply. G. R1-20 Single-Family Residential District The provisions of Sections 23.4 and 23.6.A shall apply. 96 May 2005 Zoning Code/Oro Valley AZ CHAPTER 23: ZONING DISTRICTS Section 23.6 Property Development Standards for Single-Family Residential Districts and criteria which vary among individual single-family residential districts are identified in Sections 23.6.A through 23.6.H. 1. Building Height Any structure of two stories or more shall require Development Review Board approval in accordance with Section 22.5. 2. Multiple Dwelling Units Within the R1-144, R1-72, R1-43, and R1-36 districts, more than one (1) single-family dwelling may be erected upon any one (1) lot. The following provisions shall apply: a. An unobstructed access way for ingress/egress shall be provided for each dwelling. i. If such access way is intended to serve one (1) dwelling, the way shall be a minimum of 15 feet wide. ii. If such access way is intended to serve two (2) or more dwellings, the way shall be a minimum of 20 feet wide. b. Each dwelling shall be situated so that if the property were to be divided, each resulting lot with a dwelling would conform to the provisions of this Section. 3. Detached Accessory Buildings Except as noted within the development standards for each district and within Section 25.2.A, the following provisions apply. a. Permitted coverage: Ten (10) percent of the total area of rear and side yard. b. Accessory buildings shall not exceed the height of the main building nor be any closer to the front lot line than the main building. 4. Walls and Fences Setback requirements shall not apply to walls or fences less than four (4) feet, six (6) inches in height when located in front yards, or less than six (6)feet when located in side and rear yards (see Section 23.5.A.2. for special requirements regarding corner lots). 5 Swimming Pools Swimming pools shall be screened from adjacent properties by a protective fence nr permanent structure not less than six (6) feet 94 May 2005 Zoning Code/Oro Valley AZ CHAPTER 31: DEFINITIONS 103. District Shall mean any zone as shown on the Zoning Map of the Town of Oro Valley for which there are uniform regulations governing the use of buildings and premises or the height and area of buildings. 104. District Map Shall mean the official zoning map of the Town of Oro Valley, which is a part of the zoning ordinance of the Town of Oro Valley. 105. Drainage Swale A designed invert that collects site drainage and directs it to a point of discharge. 106. Driveway The principal access route from the roadway adjacent to a lot, to the lot's primary off-street parking area. 107. Dwelling Shall mean any building, or portion thereof, which is designed exclusively for residential purposes. 108. Dwelling, Multiple Shall mean a building, or portion thereof, designed for occupancy by three (3) or more families. 109. Dwelling, Single-Family Shall mean a building designed for occupancy by one (1)family. 110. Dwelling,Two-Family(duplex) Shall mean a building designed for occupancy by two (2)families. 111. Dwelling Unit A building, or portion of a building, arranged, designed or used as living quarters, including bathroom and kitchen facilities, sleeping and living areas,for a family. 112. Easement Shall mean a grant by the owner of the use of a strip of land by the public, a corporation, or persons for specific uses and purposes and is so designated. 113. Efficiency Apartment Shall mean a dwelling unit which has only one (1) combined living and sleeping room; said dwelling unit, however, may also have a separate room containing only kitchen facilities and also a separate room containing only sanitary facilities. 7nninn rnrio/Tlrn\inflow d7 Maw 711115 d7U 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,December 27, 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: OV10-05-09: BERTHA E. CAMPBELL, REQUEST FOR VARIANCE TO INCLUDE A FULL KITCHEN IN A PROPOSED GUEST HOUSE FOR AN ELDERLY PARENT. PER THE ORO VALLEY ZONING CODE REVISED (OVZCR), SECTION 23.6.E AND 31.107, 31.109, 31.111, FOR R1-43 ZONE. SUBJECT PROPERTY: (PARCEL #225- 09-1880) LOCATED AT 1032 W.WILKINSON DRIVE, 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. 5 /-) REQ: Brent Sinclair, Community Development Director "ii► 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 OV1 0-05-09 BERTHA E. CAMPBELL, REQUEST FOR VARIANCE TO INCLUDE FULL KITCHEN PROPOSED IN GUST HOUSE ET AL was printed and published correctly in the regular and entire issue of said THE DAILY TERRITORIAL for 1 issues; that was first made on the 9th day of December 2005 and the last publication thereof was made on the 9th day of December 2005 ; that said publication was made on each of the following dates, to-wit: 12/09/05 at the Request of: Town of Oro Valley b)' �ii. r, \ �/�ti ) ; ; . Legal Advertising ..Manag , Subscribed and sworn to be r me his 9th day of December 2 .0 . -- , ) - L= '.._ _i-c:>,c-,::/) -X---)\./. -\ .___ 4,,,:j)C JAMIE C. MAIaS No ary Public in and for the County of Pima, State of Arizona Notary Public-Arizona Pima County S Expire ��iJ4�08 My commission expires: NOTICE OF PUBLIC HEARING ~BEFORE THE ORO VALLEY BOARD OF ADJUSTMENT - In accbrcdnce 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, De- cember 27,2005,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: OV10-05-09:BERTHA E.CAMPBELL REQUE$T FOR VARIANCE TO IN- CLUDE A FULL KITCHEN IN A PRO- POSED GUEST HOUSE FOR AN ELD- ERLY PARENT. PER THE ORO VAL- LEY ZONING CODE REVISED (OVZCR). SECTION 23.6.E AND 31.107, 31.109, 31.111, FOR 111-43 ZONE. SUBJECT PROPERTY:(PAR- CEL #225-09-1880) LOCATED AT 1032 W.WILKINSON DRIVE, ORO VALLEY,AZ,85737. Site pians are available for review dur- ing normal business hours at the Oro Valley Town Hall,Development Service Center. Persons interested may appear in person,oy agent or attorney,and the petitioners must appear Cr 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:Brent Sinclair, Community Development Director PUBLISH:The Daily Territorial December 9,2005 hrovl0-05-09 o.t 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,December 27, 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: OV10-05-09: BERTHA E.CAMPBELL,REQUEST FOR VARIANCE TO INCLUDE A FULL KITCHEN IN A PROPOSED GUEST HOUSE FOR AN ELDERLY PARENT. PER THE ORO VALLEY ZONING CODE REVISED(OVZCR),SECTION 23.6.E AND 31.107,31.109,31.111,FOR Rl- 43 ZONE. SUBJECT PROPERTY: (PARCEL #225-09-1880) LOCATED AT 1032 W.WILKINSON DRIVE,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,December 27, 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: OV 10-05-09: BERTHA E.CAMPBELL,REQUEST FOR VARIANCE TO INCLUDE A FULL KITCHEN IN A PROPOSED GUEST HOUSE FOR AN ELDERLY PARENT. PER THE ORO VALLEY ZONING CODE REVISED(OVZCR),SECTION 23.6.E AND 31.107,31.109,31.111,FOR R1- 43 ZONE. SUBJECT PROPERTY: (PARCEL #225-09-1880) LOCATED AT 1032 W.WILKINSON DRIVE,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. 4 DEC Z7 2005 To: Oro Valley Board of Adjustment Re: OV 10-05-09 Bertha Campbell's request for variance My concerns are the neighbors are building guest houses in this neighborhood claiming it is for their elderly parent; however, the guest houses end up being rental property. Why would a full kitchen be necessary for an elderly parent? If a full kitchen is allowed, then this allows them to "claim" it's for an elderly parent but turn around and use the guest house as rental property. I purchased my property to have a little peace and quiet- a little privacy. I now have, from just one rental property, lights that are beaming in my bedroom and kitchen window from cars that are driving on the easements at the back of my property. Now I have two more "guest houses" going up behind my house. It's bad enough I have numerous cars that are going up and down the easements with their lights shinning in my home. I was under the impression the easements are only for utilities access- not to be used as a public street. What streets are being used from the primary residence to these guest homes? I would request Oro Valley look into these properties being used as "rentals" and I request they look into the easements being used for public streets. This needs to be regulated. I only object to the full kitchen because, at some point in time, the home will end up being a rental property. Neighborhoods with rentals end up decreasing the property value. I believe it's Oro Valley's responsibility to stop the guest houses as being used for rental property, as well as stop the vehicles using the easements. Thank you for looking into this matter. Since 'ely, ==5:';:' "al Carole Shrewsbury AGENDA ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION DECEMBER 27, 2005 (BRA VALLEY TOWN HALL COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE CALL TO ORDER: at or after 3:00 p.m. ROLL CALL r C-{6 MINUTES Approval of the Minutes of October 25, 2005,,,- AT THE CALL OF THE CHAIR,THE AGENDA ITEMS MAY BE TAKEN IN ANY ORDER, AS DEEMED APPROPRIATE. PUBLIC HEARINGS: _„� 1. CASE NO. OV10-05-09: BERTHA E. CAMPBELL, REQUEST FOR VARIANCE TO INCLUDE A FULL KITCHEN IN A PROPOSED GUEST HOUSE FOR AN ELDERLY PARENT PER THE ORO VALLEY ZONING CODE REVISED (OVZCR), SECTION 23.6.E AND 31.107, 31.109, 31.111, FOR R1-43 ZONE, SUBJJECT PROPERTY: (PARCEL #225-09-1880) 1032 W. WILKINSON DRIVE, ORO VALLEY, AZ, 85737 VJ/JI. 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: 12-22-05 4:00 p.m. Ih MINUTES ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION DECEMBER 27, 2005 ORO VALLEY TOWN HALL COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE CALL TO ORDER AT 3:00 p.m. ROLL CALL PRESENT: Thomas Martin, Chair Bart Schannep,Vice Chair Colleen Kessler, Member John Hickey,Member Paul Parisi, Member MOTION: A motion was made by Vice Chair Schannep and seconded by Member Kessler to approve the Minutes of October 25, 2005 with corrections noted. Motion carried, 5-0. PUBLIC HEARINGS: 1. CASE NO. OV10-05-09 BERTHA E. CAMPBELL, REQUEST FOR VARIANCE TO INCLUDE A FULL KITCHEN IN APROPOSED GUEST HOUSE FOR AN ELDERLY PARENT. PER THE ORO VALLEY ZONING CODE REVISED (OVZCR), SECTION 23.6.E AND 31.107, 31.109, 31.111, FOR R1-43 ZONE. SUBJJECT PROPERTY: (PARCEL #225-09-1880) 1032 W. WILKINSON DRIVE, ORO VALLEY, AZ,85737. Chair Martin swore in the witness that was intending to testify. Bertha Campbell, 1032 West Wilkenson Drive, explained that the request was to allow for the installation of a full kitchen facility in her guest home. She explained that this would provide a more efficient living quarters and enhance the quality of life for her elderly mother. Member Kessler pointed out the Town's Zoning Code currently only allows for one (1 ) dwelling on the lot. She explained that by placing a kitchen in the guest home, by definition, it would be considered a second dwelling. She explained that she understood the applicants desire to make the additional changes, but the Board had specific criteria to follow. She explained that if the request was granted, it would be granting the applicant a special suspension from the rules and the possibility of setting a precedent for similar future request. Chair Martin agreed. 12-27-05 Minutes 2 Board of Adjustment Regular Meeting Dee Widero, Senior Zoning Inspector, reported that the applicant was requesting to include a full kitchen in a guest house for an elderly parent. She reported that the home was located in Rancho Verde, which was an 84-lot subdivision that was originally recorded in November 18, 1971 with Pima County. She explained that a portion of the subdivision was annexed into Oro Valley in September of 1984. However, the guest house was an allowable use for an R1-43 zone, but a full kitchen facility would be considered a dwelling unit in Oro Valley, and only one(1) dwelling unit per a single family residential was permitted. Staff finding of facts: • A guest house for R1-43 is an allowable use. • A full kitchen is considered a dwelling unit. • The home located at 1022 West VVilkenson is currently building a guest house, without a full kitchen. • The home located at 1045 West VVilkenson, does not have a guest house, they did add a garage. • The home at 1052 West Wilkenson, appears to have a guest house, we do not have any history on the addition. • The home at 9370 North Raleigh, appears to have a guest home, we do not have any history on the addition. MOTION: Vice Chair Schannep moved to DENY Case No. OV10-05-09. Member Kessler seconded the motion. Discussion: Vice Chair Schannep stated that he could not support the request for the following reasons; (1 ) the Zoning Code did not allow for a full kitchen in a guest home. (2) guest houses are intended for a guest and a full size kitchen implies that there would be a full time resident and the property was not zoned for such usage. He stated that the Board had to adhere to the five (5) findings, and to approve the variance would be granting special permission. Chair Martin stated that the Zoning Code clearly did not allow for such a revision. Member Hickey stated that he was in su pport of the five (5) criteria, but felt that this type of situation had presented itself in the past. He explained that there should be some consideration in the Zoning Code regarding these types of cases as well as being brought forward to Town Council for review. He said that he intended to do follow-up work regarding the matter. He explained that a change in the Code could certainly be used in providing help to family members such as the elderly who might need assistance. ROLL CALL Member Parisi — aye Member Kessler—aye Member Hickey — aye Vice Chair Schannep— aye Chair Martin — aye 19-27-05 Minutes 3 Board of Adjustment Regular Meeting Motion to deny carried, 5-0. ADJOURNMENT MOTION: A motion was made by Member Hickey and seconded by Member Kessler to adjourn the meeting at 3:21 p.m. Motion carried, 5-0. Respectfully submitted, Linda Hersha, Office Specialist MINUTES ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION OCTOBER 25, 2005 ORO VALLEY TOWN HALL COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE CALL TO ORDER AT 3:00 p.m. ROLL CALL PRESENT: Thomas Martin,Vice Chair Bart Schannep, Member Colleen Kessler, Chair John Hickey,Member EXCUSED: Paul Parisi, Member EXECUTIVE SESSION AT 3:04 PM MOTION: A motion was made by Member Schannep and seconded by Member Hickey to go into Executive Session at 3:05 p.m. for the following purpose: 1. Pursuant to ARS 38-431.03(A) (3), LEGAL ADVICE REGARDING CASE NO. OV10-05-08, A REQUEST FOR VARIANCE TO REDUCE THE REQUIRED SIDE YARD SETBACK FOR LOTS 82 AND 83 OF VERDE RANCH SUBDIVISION. SUBJECT PROPERTY: (PARCELS#224-07-0860 &224- 070870) 11859 AND 11871 N. PROSPECT POINT PLACE, ORO VALLEY, ARIZONA 85737 Motion carried, 4-0. In addition to the regular Board members for the executive session the Town Attorney Melinda Garrahan, Town Deputy Civil Attorney Joseph Andrews and Office Specialist Linda Hersha were present. MOTION: A motion was made by Member Kessler and seconded by Member Martin to go out of Executive Session at 3:15 p.m. Motion carried, 4-0. RESUME REGULAR SESSION AT 3:24 p.m. CALL TO ORDER ROLL CALL PRESENT: Thomas Martin, Vice Chair Bart Schannep, Member Colleen Kessler, Chair John Hickey, Member Excused: Paul Parisi, Member 10-25-05 Board of Adjustment 2 Regular Meeting MOTION: A motion was made by Member Schannep and seconded by Member Hickey to approve the minutes of Septern ber 27, 2005 with the correction noted, Motion carried, 4-0. PUBLIC HEARINGS: 1. CASE NO. OV10-05-08: CONTINUED FROM SEPTEMBER 27, 2005 MEETING. VALERIE FEUER FOR MMLA, 800 W. WETMORE, TUCSON, AZ 85719, REPRESENTING FIRST AMERICAN TITLE TRUST 9022, REQUEST FOR VARIANCE TO REDUCE THE REQUIRED SIDE YARD SETBACK FOR LOTS 82 AND 83 OF VERDE RANCH SUBDIVISION. SUBJECT PROPERTY: (PARCELS #224-07-0860 & 224-070870) 11859 AND 11871 N. PROSPECT POINT PLACE, ORO VALLEY, AZ, 85737. Chair Kessler explained that the Board was confident that the Board had enough information from staff and the applicant to move forward with the case, but that she would opened the public hearing to give those individuals that were interested an opportunity to speak. Chair Kessler swore in all witnesses that were intending to testify. The following Citizens were in favor of the variance being granted. They believed it did not detract from the look of the subdivision or the spirit of the law as well as the fact that all parties that were involved with the development of the site were responsible for the error; and the revision would not harm the homeowner;the builder has acknowledged their mistake and has since apologized, but the error was not done deliberately. Donna Gill, 411 West Ontario,Chicago II. Carl Winters, 270 North Church,Tucson, Arizona Don Hatcher, 2345 West Sunkist Road, Tucson, Arizona Rudy Carillo 9280 East Northview, Tucson, Arizona. Jeff Grobstein, 3508 East Secret Canyon Place, Tucson,Arizona Chair Kessler closed the public hearing. MOTION: Member Schannep move to approve Case No.OV1 0-05-08, a request to reduce both Lots 82 and 83 side yard setbacks from the required 7 foot and 6 inch, Lot 82 will have a 4 foot south property line side yard setback and Lot 83 will have a 5 foot and 6 inch north property line side yard setback. Member Hickey seconded the motion. Discussion: Member Schannep explained that after reviewing the minutes from the September 27 meeting that it was clear that a mistake was made. He stated that this was an incident that had occurred outside of the applicant's control, and was in 10-25-05 Board of Adjustment 3 Regular Meeting essence out of the builders control once the mistake was made. Chair Kessler agreed. Motion carried, 4-0. 2. BOARD OF ADJUSTMENT RULES AND OPERATING PROCEDURES Discussion and possible action on the Rules and Operating Procedures. The Board reviewed the updated Board of Adjustment Rules and Operating Procedures guidelines and the following suggestions were made: • The BOA orientation training material should be updated. • A meeting should be scheduled for new board members to meet the existing board members. • Create bench marks for an appeals case that reflect howa person was negligent or incorrect and to add an"Appeal" section to the Orientation Training Manual. The Board proceeded to review each section of the guidelines manual and the following corrections were made: I. ORGANIZATION Terms Each member shall serve a term of three years with a maximum of two consecutive terms. The terms shall expire on the 30th of June and may extend as needed until a replacement has been appointed. MOTION: Member Hickey moved that the Organization session of the manual be accepted as written. Vice Chair Martin seconded the motion. Motion carried,4-0. Officers The Board of Adjustment shall have a chair and a vice-chair whose terms shall rotate ng the Board with the maxim u m--cl+vcr,-ity-' ship. there was no C. .S the Chair Sh :i riot pass to the vice-chair at the end of a regular meeting until where at Ic. --onc case has bccn h and an o.asa.s, ha been ciedded. The chair shall preside at all meetings and shall exercise all the usual rights, duties, prerogatives and responsibilities of any similar organization. The vice-chair shall perform these duties when the-Ghair cannot inthe absence, o disaE disability o5 the Chair. "T t..e ...f .,? wl'x..F�. iJ 1 the< MOTION: Member Schannep moved to approve the Organization section with the recommended changes. Member Hickey seconded the motion. Motion carried,4-0. II. MEETINGS General All meetings shall be conducted under Robert's Rules. 1Q-75-Q5 Board of Adji ustment VIVt111Vl11 4 Regular Meeting Regular Regular meetings are held at 3:00 P.M. on the fourth Tuesday of each month in the Oro Valley Town Hall. Any regular meeting date and/or time maybe changed by a majority vote should there be a conflict with a holiday or other event. Special Special meetings for any purpose may be held by the Board on call of the chairor any Board members majority . Study session The Board members may meet prior to a regular meeting for the purpose of reviewing items on that day's agenda or to discuss other educational or administrative matters. Order of business The order of business shall be: A. Call to order. B. Roll call by secretary. C. Minutes. D. Presentation of agenda items. E. Petitioner/applicant presentation. The recommended oath for swearing i n is as follows: "Do you swear or affirm to speak the truth, the whole truth and nothing but the truth?" F. Board member questions/clarifications. G. Staff report limited to facts related to the findings. H. Questions to staff by Board members. I. Open public meeting. J. Close {`1,��public meeting.§§ i,' K. b i L`_ 1, Y` '� §E 4 6..J13 petitioner/applicant i.. Board questions of any party for further informat n clarifi,a ion M. Board motion and deliberation on agenda item. N. Hold vote, announce results. O. Staff update report. P. Motion for adjournment. MOTION: Member Hickey moved to accept the Meetings section with the recommended changes. Member Schannep seconded the motion. Motion carried, 4-0. III. MEMBER CONDUCT Board of Adjustment members shall: • maintain residency in the Town of Oro Valley. • attend all meetings, unless excused. • attend annual mandated training. • become certified in the C.P.I. 10-25-05 Board of Adjustment v Regular Meeting • obey all rules and regulations. • acquire sufficient zoning comprehension to understand all cases brought before them. • disclose any conflict of interest and/or ex parte contacts. � � i • P- ° a site vistrEiaol-t case, with no other Board member. Board members shall not: • Have unexcused absences exceeding two in a row or three in any twelve month period. • Behave in an unruly manner and/or act with moral turpitude. • ,,:yf interest and/or sleep during meetings. • Speak privately or publicly on any matter while also representing themselves as a Board of Adjustment member or in any other capacity as a Town of Oro Valley official. It shall be the duty of the chair to observe member compliance and forward in writing to the Council liaison possible deviations. Joe Andrews, Civil Deputy Town Attorney explained that staff would address the wording in the section entitled "Board member shall not" to provide better clarity and that staff would make this information available to the Board for review before submitting the guidelines to Mayor and Council., MOTION: Member Hickey moved to approve the modification as suggested. Member Martin seconded the motion. Motion carried, 4-0. IV. MISCELLANEOUS Liaison The board shall elect at a regular meeting one member to serve as the Board representative on the Interview Committee Panel. Annual review The board shall meet during the second quarter of each calendar year to review the Rules and Procedures, the Training Manual, the Zoning Code and any other Board documents. The Board shall take action and/or make recommendations as needed and forward them on to Town Council MOTION: Vice Chair Martin moved to leave the "Miscellaneous" section as presented. Member Hickey seconded the motion. Motion carried, 4-0. In answer to a question from Chair Kessler, Joe Andrews explained the staff would develop a cover letter that would require her signature that would accompany the document to be presented to Mayor and Council. ADJOURNMENT 1 g-95-n5 Board of Adjustment 6 Regular Meeting MOTION: Member Hickey moved to adjourn the meeting at 4:21 p.m. Member Schannep seconded the motion. Motion carried, 4-0. Respectfully submitted, Linda Hersha, Office Specialist