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HomeMy WebLinkAboutOV109303 • CASE NO.:ov t o-VS•3 • rr; r BOARD OF ADJUSTMENT • s{ APPLICATION FOR: Zoning Variance Zoning Interpretation Appeal of Administrative Decision NATURE OF REQUEST: Ao C - /i ' /10.4( t I Oro MOLX \etQvie. lO j c loco' to r 1O u12o 2r4r Se) p (O Fro,-, 11c cenicrh^c 57L rcci ict N C fk.DE APPLICANT: Z'C.& T &/r am ( 1t,ij p .r� ,� ADDRESS: ? 37/ i '. /e.ege€o /�-L!9ce ( kki4 `T -'• s1\ 147.L OWNER: S' R S M aS o ve ` . ADDRESS: <--> ` PROPERTY LOCATION/ADDRESS: /0 .1` 7 7 Al, W/re/� ,ei ,vz-7-oce-. LEGAL DESCRIPTION: to 7 /0 3 Mc Aire_ /2 L d ozo ACREAGE: CURRENT ZONING: APPLICABLE FEE: ATTACHMENTS: T /C'4 ____&&•/<„ /V/7A' SIGNATURE OF APPLICANT DATE 1 SUPPLEMENTAL QUESTIONS FOR APPLICATION FOR A VARIANCE 1. Identify difficulties or problems that would result from complying with the present zoning requirements. 2. Identify and explain all unique and peculiar circumstances that would prevent you from complying with the present zoning requirements on your property hi regard to the following areas (slope, narrowness, shallowness, irregular shape, location, washes, vegetation and easements, etc.). r � 3. Identify and explain any peculiar conditions in the surrounding area which would keep you from complying with the present zoning requirements. ADDITIONAL INFORMATION: 4. PROVIDE THE FOLLOWING: The most current available list of property owners from the Pima County Assessor's Office and the date such list was obtained. 8 copies of dimensioned plot plan, if applicable 8 copies of dimensioned floor plan, if applicable 8 copies of building elevations, if applicable 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. 2 • 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 prop isions 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 pLblic. 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. 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. 3 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. 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. 4 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, nor less than 15 days, after such filing, at which time all persons shall be given an opportunity to be heard. Such Board of Adjustment shall cause one notice of such hearing to be published in a newspaper of general circulation in the Town of Oro Valley and one notice to be posted on the subject property, giving at least 15 days notice of said hearing, and the time and place where said hearing will be held. Said notice, both as published and posted, shall also show the nature of the variance or exception requested and state that anyone wanting to protest may appear in person or by writing. All property owners within 300 feet must be notified. 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 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. 5 • S• ec. 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. FEE SCHEDULE For applications or appeals involving construction of any nature, and which require legal advertising and posting of property affected, the fee shall be determined upon the total valuation of the improvements to be made, as follows: Developers Individuals To and including $5,000 $ 200.00 $ 110.00 Each additional $1,000 or fraction 20.00 10.00 Maximum fee 1,000.00 500.00 For application of a variance of an appeal not involving construction of any nature 200.00 100.00 For parking variance 200.00 100.00 For appeal of decision on home occupation N/A 100.00 For postponement of hearing after legal notices have be publicized 100.00 50.00 For applications or appeals which do not require legal notices or postings, the fees are: Developers Individuals For changes estimated to cost $5,000 or less 100.00 55.00 Each additional $1,000 of estimated cost 20.00 10.00 Maximum fee 500.00 250.00 — 6 Re: Ocker Residence Lot # 103 Monte Del Oro Plan Discrepancies for grading and foundation work. After making required 8' cut on high side of the lot or north end as is suggested on the plan, we began to see that the site plan elevations are incorrect. We shall attempt to explain these discrepancies in the following notes. On the site plan, if we look at the contour lines, 2612' is the top of the hill where we make our cut. Finish floor elevation on the north end of the house is 2606' which is a 6' difference. The site plan along with the engineering report suggests that we make an 8' cut, which would make finish floor elevation 2605' after 4" AB fill material and 4" of concrete. ( This number is rounded off for ease of following this report). The elevation at the patio area of the house is, (which is where section D-D is shown on the site plan), 2602' 8" or 2601 ' 8" after adjustment for full 8' cut. If we then look at section D-D at the bottom of the site plan we see that there should be a elevation difference of 5'8" or 4'8" after adjustment. The actual elevation change is approximately 9'-12' from the patio finished floor to the bottom of the wash. These discrepancies are throughout the entire plan. For example, on that very detail D-D if you compare the finish floor elevation on the plan view with the finish floor elevation on the actual detail D-D on the bottom of the page you will see it called 2602.66 on the plan view and 2602 on the detail at the exact same location in the house. The increased elevation from the house to the flood plain coupled with a slight discrepancy in actual dimensions of the house to the flood plain, ( the house is about 2-3' closer when actually laid out on the lot) has created a situation in which the house cannot be build according to the design criteria. The engineers report and also the plan asked for a 2' horizontal to 11 vertical slope at the flood plain. The design of the footings and the stem wall as seen on page 3 of the plans call for stem wall/retaining wall of no more than 4ft. As the actual situation is, we would have to have a retaining stem wall of approximately 8' or more and or a back fill situation where the slope would extend into the flood plain at least 8ft.. . If we look at section B-B on the site plan, this shows a cut across the driveway. The elevations in this detail conflict with itself. It asks for a slope fill of no more than 4' vertical but the elevations shows the grade separation to be 5'8" right in the same detail. Please refer to the attached letter requesting a variance to correct this matter. Thank You. Sincerely, Alan Kincade Great S.W. Dev. Inc. ORO VALLEY PLANNING & ZONING DEPARTMENT BOARD OF ADJUSTMENT REPORT CASE NO: OV10-93-3 Ocker Request for Front Yard Setback Variance Hearing Date: December 7, 1993 Agenda Item No.: 1 REQUEST: The property owners, the Ockers, request a variance to reduce a front yard setback from 30 feet to 20 feet. SITE LOCATION: Lot 103, Monte del Oro SITE SIZE: Approximately 2.8 acres PROPOSED USE: New single family residence CITIZEN SUPPORT/OPPOSITION: None expressed to date EXISTING ZONING: On-site :R1-43 North South : East : " West EXISTING LAND USE On-site :vacant North :single family residence South :single family residence East :vacant West: :single family residence BACKGROUND: Monte del Oro Subdivision, consisting of 187 lots, one acre or more in size, was platted in 1986. Most lots within this subdivision are constrained in some way, either by topographic features or floodplain. PLAN ANALYSIS: Lot 103 is a low-lying property on the west side of Pomegranate Drive. It lies almost entirely within the 100 year floodplain (see plat map) and that area, for all intents and purposes, is undevelopable. The proposed building site on Lot 103 is situated out of the floodplain at the extreme northeast edge of the property. It is triangular in shape and is approximately 10,000 square feet in size. Mr. and Mrs. Ocker have done a nice job in designing their home to fit the small, irregularly shaped building site on this property. In an effort to minimize required cuts on the property, the Ockers request that approval be given to slide the house forward on the site, thus reducing the front yard from the required 30 feet to 20 feet. FINDINGS: The Board of Adjustment members must consider, and make, all of the findings listed below to grant approval to the Ocker's request: 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. STAFF RECOMMENDATION: Upon inspection of this property, Staff concurs that the Ockers are attempting to make the most of the only buildable area on this lot. It is apparent, when viewing the lot, that a hardship, not created by the property owner, does exist, in that at least 75% of the lot lies within the 100 year floodplain. Further, we do not perceive that other property owners in the immediate vicinity will be damaged by the 10 foot encroachment requested. Therefore, Staff would recommend approval of the Ocker's request for variance to the required front yard setback in the R1-43 Zoning District with the stipulation that a front yard a minimum of 20 feet in depth be maintained. 2 11-5( Irv\ Esther Underwood Oro Valley, Az. 85737 Reference: Lot 103 of Monte del Oro, setback variance request. Dear Council Members: 1 am soundly opposed t.o allowing the building of a house within twenty feet of the roadway on lot 103. The building restrictions should be adhered t.o for the overall enhancement of the neighborhood. The lot is at street level and very flat, a house situated closer than thirty feet would be unattractive. The owner of lot. 103 should have been aware of the building setback requirements and designed the house accordingly. One of the attractive features of the Monte del Oro neighborhood is that the homes are widely spaced and set back far from the road. Please reject this request of variance. Sincerely , e/---_,(-1//u_._ //- Z4J Esther Underwood NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY BOARD OF ADJUSTMENT In accordance with Section 1-505 of the Oro Valley Zoning Code Revised and Arizona Revised Statutes Section 9-462.06, NOTICE IS HEREBY GIVEN that the Oro Valley Board of Adjustment will hold a special meeting and public hearing on Tuesday, December 7, 1993 at or after 1:00 p.m. at the Oro Valley Town Hall, 11,000 N. Ta Canada Drive, Oro Valley, Arizona with regard to the following case: OV10-93-3 : Ocker Request for Variance to Front Yard Setback Requirements Lot 103, Mznte del Oro Subdivision Request for variance on the setback requirements of the R1-43 Zoning District, which state that a front yard setback of 30 feet must be maintained. If this request for variance is approved, it would have the effect of allowing the property owner to construct a new residence which would be situated 20 feet from the Pomegranate Drive right-of-way line (property line) . Persons interested may appear in person, by agent or attorney, and petitioners on the appeal must appear or be represented. REQ: Steve Hag o , PUB: The Daily Territorial Zoning Administrator November 19 , 1993 AFFIDAVIT OF PUBLICATION • STATE OF ARIZONA) :ss. COUNTY OF PIMA 1 being first NOTICE OF duly sworn, deposes and says that (he) (she) is the Legal Advertising Manager PUBLIC HEARING BEFORE THE ORO VALLEY of THE DAILY TERRITORIAL, a daily newspaper printed and published in the BOARD OF ADJUSTMENT In accordance with Section 1-505 of the Oro Valley Zoning Code Revised and Arizona Revised Statutes section 9-462.06, County of Pima, State of Arizona, and of general circulation in the City of Tucson, NOTICE IS HEREBGIVEN dj that the Oro Valley Board st- ment will hold a special meeting and public hearing on Tuesday. County of Pima, State of Arizona and elsewhere, and the hereto attached December 7, 1993 at or after 1:00 p.m.at the Oro Valley Town Hall,11,000 N.La Canada Drive. Oro Valley, Arizona with regard to the following case:OV 10-93-3: Ocker Request for Variance to Front Yard Setback °V 1 )—'.J 3—_ Ocker Request: for Requirements Lot 103, Monte del Oro Subdivi- sion Request for variance on the set- back requirements of the R1-43 Zoning District,which 30 feette t at a front yard setback of ust be maintained. If this request for variance is approved, it would was printed and published correctly in the regular and entire issue of said THE have the effect r of lowinconstrggctthe a property new residence which would be situated 20 feet from the Porno- DAILY TERRITORIAL for issues; that the first was made granate Drive right-of-way 1 (property line). Persons interested t sted omr attorney, in person, by g on the and petitioners on the appeal 1 9 t h day of No'1 e m b e r" 1993 must appear or be represented. Steve Hagedorn Steve Hage- dorn, Zoning Administrator and the last publication thereof was made on the 19 t h day of Pub: The Daily Territorial November 19, 1993 Req: Town of Oro Valley mocker 11�19�93 „ ,. 19 ;that said publication i\lci'velnt:+eI was made on each of the following dates,to-wit: 1 1/1 9/'::' Request of TOWN OF ORO VALLEY D The Territorial By 4--Q Subscribed and n to b 'e me this 19 day of November 19'=''-' NSA-A-AA-' %-ervm Notary Public in and for the County of Pima,State of Arizona My Commission Expires: Z ( � �`� ) Case No. t(I •C,3 -3 do \pivL. STATE OF ARIZONA ) TOWN OF ORD VALLEY ) I hereby certify that on I t ti l e3 I caused to be delivered legal. notice regarding the above-mentioned case to be published in the on ,A tAQ copy of P� � 3 - Apublic hear' notice i orf w file in the O Valley Tcxan Hall. I hereby certify that on I\+4' I mailed individual letters to all agencies and individuals as required, together with notice of publish hearing and specific map involved, if any. I hereby certify that on I caused to be posted the subject property in the above- mentioned case. Administrative Assistant Planning and Development Svcs. Subscribed and sworn to before me this _ day of _ 19 9 Notary Public My commission expires: .. figii) Til 44,te 00 r5') 5 •r iv / 1. 16 UC In V r1 L. N f\ v r5 1 h _ , �— ' a ol o_ . _ - .. _1--- _ o0it, - fi1►7c♦too- - _a8 • - - --O'fL_ -- - \c, ' TAT: CA. i , / \ I ', ,,, -".#-..,- i-:::, , 0 ! / , \ \1 Op , 21 A,0's If' ;i 'NW/ \ I. f*P1 1 gli ?r l'o bo v., I t. Yisioo ...r.14 1/•• tilt .- .1 , ,t;'.., '),44° '.4 g' 0 o aA T-s•-ur 06 , ... 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