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
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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.
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•
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.
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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.
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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.
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• 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
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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.
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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:
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