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HomeMy WebLinkAboutOV108906 E S "STEV"E" ENGLE, Mawr �-. PAIRI( IA NOLAND, ManageriClc'rk JAMES H PE I E RSON, Vice Mayor KAJ HRYN ARMS FRONC, Chief Deputy (lerk JAMES D KRIECH, Councilman V' .IVV WALTER I. HENDERSON, Attorney EDWARD H. NEEDHAM, Councilman ;rig JAMES D. KRIECH, Lngineer PAULINE R )OHNSON, Councilwoman AN: „ ROYAL C. BOUSCHOR, Magistrate 4134 FREDERIC E. ROOF, ( of 1'rilic c� 1e, ‘ ftV vt TOWN OF ORO VALLEY 680 W. Calle Concordia Oro Valley, Arizona 85704 ['hone 297 259 I April 14, 1982 Mr. Bruce Marshall Oro Valley, Arizona 85704 Dear Mr. Marshall: On March 25, 1982, you filed an application for a variance to the height limitation set by the zoning code, for the entry way of your residence and for an addition to the 2nd story bedroom. On April 8, 1982, I wrote to you, confirming our telephone conversation with your wife, explaining that the application was not complete, and could not be scheduled for the Board of Adjustment until you supplied the additional items needed to make it a complete filing. I received a letter fran you on April 13, 1982 stating that you felt your application was complete, to which I responded in detail by letter to you on April 15, 1982. Please be advised that you must either complete this application for variance so it may be scheduled before the Board of Adjustment, or you must proceed in the removal of your entry way structure which is in violation of the Oro Valley Zoning Code. This information must be received no later than May 28, 1982 so it can be scheduled for the June 24th Board of Adjustment meeting. If you have any questions regarding this, please feel free to contact me. Very truly yours, (-- Patricia Noland Town Manager/ Asst. Zoning Administrator itO0i0 O i, S"' 3 - 0 FOOTHILLS BUSINESS PARK 10900 NORTH STALLARD PLACE-SUITE 100 r ♦ 't ORO VALLEY,ARIZONA 85737 (602)297 2591 4*IZO October 19, 1988 Mr. Orville Shields Oro Valley, AZ 85737 Dear Mr. Shields: I apologize about the length of time it has taken my office to respond to your zoning complaint of April 19, 1988. It has not been due to a lack of interest but, rather, to a lack of man power on my part. My office contacted Mr. & Mrs. Porter of Vista, Mrs. Celta Godfrey of and Mr. & Mrs. John Howe by letter concerning possible zoning violations at their residences. They were informed that the Town had received a complaint of possible zoning violations and they were asked to contact the Town Hall so that we might schedule a time and date for inspection of their properties. Mrs. Porter and Mrs. Godfrey both responded with a visit to the Town Hall. .,\ Mrs. Porter spoke with Mark Krauklis and explained to him that the trailer, which was parked year round on her property, was occupied only intermittently when guests would visit them from out of state. Mr. Krauklis told Mrs. Porter that there would be / no permanent residents within that trailer. Later, we were able to reach Mrs. Porter by telephone and at that time she confirmed her conversation with Mark earlier and stated that their trailer , was now unoccupied. ��_ ------- 1 `"„,./, _ t �_� --, i< _._. —..._ -- -LlY_,_j—``�— Mrs. Godfrey spoke with Linda Frew shortly after she received our letter. She said that she had been exchanging work for use of (, i the shack as a residence with one of her employees. She said she r was not aware there would be a question of legality with this use and said that she would ask the employee to move. We are following this up with a letter advising her that if there is any evidence of continued occupancy, we will file criminal charges.- - '� ;, E.S."STEVE"ENGLE,Mayor CATHY HUFAULT,Vice Mayor CHERYL SKALSKY,Councilmember STEPHEN E.RENNECKAR,Councilmember WILLIAM H.SCROGGINS,III,Councilmember JON L.DEVNER,Town Manager APPLICATION NO. OV SRO 4. 44 REQUEST FOR VARIANCE 04 BOARD OF ADJUSTMENT t~ y � .�• • 44b • Q�/z ova 1. APPLICANT'S NAME C1r-`,i I Le, 5LA4-14.5 ADDRESS ' 3. TELEPHONE NUMBER - 4. PROPERTY OWNER owt—e_ 5- ADDRESS Ll I1 TELEPHONE NUMBER S. ADDRESS OR LEGAL (072p W, C U..� ( -.c&tr-ct,o DESCRIPTION OF SUBJECT PROPERTY LOT NO. ; LOT SIZE ; ACRES St ; ZONED RA-•144 6. WHAT PROVISION OF THE ®l 2ovA,L MALIAA4 }- V 5 �'p-ems— 3 Ica s 1.41="•.. ORO VALLEY ZONING CODE REVISED ARE YOU r`c�J�'�'`A, eAh-'4-", ( ^( ' , I - 5' REQUESTING A VARIANCE. hre4.4t.-‘ Pk" I 7. STATE BRIEFLY AND FULLY THE REASONS WHY THE 4mcE IS DEEMED NECESSARY: Oc>t"1 - u„7. / '/ �-�- Z CkQs--1 S C c 'J �'�-c s. c... e-r--1 ca— ka-01.t. thu-t-,c-4,-,-trc a . z _ _ice�.,L.s c4� e..�.�•. '�G-e- l"�,cat SG-6J c -1-iggro. Ls kenxsR- 4-4==. -At-J.1s are trotreti- b Z. < A(9-5'4,10". kzes2- ard-- 0Q- ktenv-- ,st - 1 - 8. IS A REZONING OR A SUBDIVISION PLAT INVOLVED IN THIS REQUEST YES ( ) NO 9. HAS A PREVIOUS APPLICATION BEEN FILED OR A HEARING HELD RESPECTING THE SUBJECT PREMISES. YES X NO ( ) 10. PROVIDE - -:s oe r THE FOLLOWING: ( ) DIMENSIONED PLOT PLAN, COPIES. N.I" ( ) DIMENSIONED FLOOR PLAN, COPIES. ` '` ( ) DIMENSIONED ELEVATION PLAN, COPIES. ( ) 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. ( ) NAMES AND ADDRESSES OF ALL OWNERS OF PROPERTY, ANY PART OF WHICH IS WITHIN 300 FEET OF THE SUBJECT PROPERTY. - 2 - FOR OFFICE USE ONLY Received by on 198 All requirements satisfied on 198 Fee $ paid by check no. Applicant was given Schedule of Fees and applicable rules on is--0 47 611 __ _ 6t1E-kke kaZie BOARD OF ADJUSTMENT 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 improvement 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 been publicized 100.00 50.00 For applications or appeals which do not require legal notices or postings, the fee 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 NOTES: 1. Fees for rehearings of an application for a variance or an appeal shall be double the corresponding above quoted fee. 2. If the application is made after a citation has been issued for a violation, the fee will be double the corresponding fee quoted above. ADMINISTRATION ARTICLE 1-5. BOARD OF ADJUSTMENT Sec. 1-501 Board of Adjustment Established The Board of Adjustment of the Town of Oro Valley is established according to Sec. 3-7.1 of the Oro Valley Town Code. Sec. 1-502 Powers and Duties The Board of Adjustment shall have the power and jurisdiction to hear those matters set forth in this code. Sec. 1-503 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. Sec. 1-504 Rules, Regulations and Records The Board shall make rules and regulations to govern its proceedings. The minutes and records of all Board proceedings shall be kept and filed as public record in the office of the Town Clerk. Sec. 1-505 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 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 certified 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 given notice thereof to the parties in interest and the public. • aMIN'TSTRATJoN B. The concurring vote of a majority of the Board shall be necessaryto 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. 1-506 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 elevation of all proposed buildings together with an estimate of cost. 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 requirement that renders the sign nonconforming. D. From the time of filing the application until the time of such hearing, the application and all maps, plans and other accompanying data shall be available for public inspection during office hours at the office of the Town Clerk. Sec. 1-507 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, given a opportunity to be heard. Such causeBoardoftAdjustment which eshall all pses shall be of such hearingto be one notice 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. 1-508 Findings A variance from the provisions of this code shall not be authorized unless the Board shall find upon sufficient evidence: - - _ - --_ AD I1 ISTRA'1ION _ - _ A. That there are special circumstances or conditions applying to the property . referred to in the application including its size, shape, topography, p y - 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 vicinty, to adjacent property, to the neighborhood or the public welfare in general. Sec. 1-509 Action The Board shall prescribe, in connection with any variance, such conditions as the Board may deem necessary in order to fully carry out the provisions and intent of this code. Such conditions may include, among other things, a limitation of the time for which such variance shall be valid. Violation of any such condition shall be a violation of this ordinance and such violation shall render the variance null and void. Sec. 1-510 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 A.R.S. Section 9-465 (1956) as amended. ri- ---7 '--- . ........ .. ., ...._ ' .1 , . '.A ,.*' , • 0 il .t . .,. . ....4f,-. td, , ': ' ' •41(' f ,• '' • ., •ilfr 4' 1 • • • . • ili . t . , • • •,, S • • , ,•. , . ". ; ' •• • .• ,•0.:•• 4 2,,,v, , • -' 0- 'Oe • -..!, , t.,.., 7-',,,.*4.. ..,..• et , . , . 4, " ' - • -. 'OIL • .....-.. ' •,'• ' , '4- - , 4. . 1.t. .., .. ." . ,i is.• i.r : .. -• , . . 1..-..,., .-•.‘. , -, ..1...,...* ' t4 4 • ,. , •-,. '.. .-. - — • • • • ' Neittil' , °;y�A'k. ' Alt, 706S+., / 1. ,x4r..1 o + 1 t __ • 3 i R 6")/v .,AL' e`1 '.,„.......0"" ... .ak... 4 plipm.p14,14.1 T .... i I I I i\ . " ti 1 4 A • -1.:, .,,,•.i , . ,tsk /0.. .• ..-- •*qt., ' - -.4 411. • '' ! ,_11111j•, _,... ,i,,-(4.....A.-,'. . ,, , .. 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Through the efforts of Mr. Orville Shields, this violation was brought to light and Mr. Marshall was required to remove or modify the height of the structure. Yours truly, ,j3tatAf--• Steve Engle k � Mayor E.S."STEVE"ENGLE,Mayor CATHY HUFAULT,Vice Mayor CHERYL SKALSKY,Councilmember STEPHEN E.RENNECKAR,Councilmember WILLIAM H.SCROGGINS,III,Councilmember JON L.DEVNER,Town Manager 9369 N. Calle Buena Vista _ _ Oro Valley,- Az. 85737 - -- July 27, 1989 To: The Board of Adjustment Town of Oro Valley Re: Case No. OV10-89-4 Godfrey 2-Story Guest House/Garage This request for ftavariance is asking for a violation of the zoning code of Oro Valley in regard to the height limitation. The attorney for Oro Valley at the July 18th meeting read you the Arizona State Statute on this matter. It had to meet five limitations and failed on four. On Godfveys/Sheppherd petition, she got six signatures out of a possible eight. Four of the signatures are themselves in violation of the Oro Valley zoning code. Two lave their property up for sale and one does not reside here. At the July 18th meeting, it was brought to your attention that this property already has a guest house rental on it -occuped by two people. In April, 1988, Mrs. Godfrey stated to Linda Frew that one of ter employees lived there in exchange for work. Abe Hill and Jeanne Todd never worked for her. They paid $200 a iponth tent and electricity. Abe Hill died before Christmas, 1988, and Jeanne Todd still resides there.,..:Jeanne told me on Sunday, July 23rd, on July 19 she got a notice to vacate by August 19. She occuped this place twol years this coming August. About three years ago, when Mrs. Godfrey had about completed her residence, she took me through and showed me the house. At that time, she stated she would like to make it into a lodge and the top deck would be her dining room/ To krant a variance on the height limitation because of the existing building would be setting a precedent. In 1982, at 9380 N. Calle El Milagro, presently occupied by Margaret and Stephan Phillips, Bruce Marshall built without a permit an addition with a tower 36-37 feet high by his existing house which was about 27-28 feet high. He was made to tear it down to comply with the zoning code. He then got a permit to restructure and had his rafters cut and up to make a hip roof and I saw that it was just a little bit under the original house. I reported to Town Hall that he Was over the heighth limitation. !ir. Eckenrodt went over, measured it and found it was over the legal height and made him tear it down. Mr. Marshall then put a flat roof on the addition to conform to the zoning code. If Mrs. Godfrey/Sheppherd is granted this variance, you are setting a double standard. Others could ask for the same variance and the height limitation would be null and void in your Ordnance. 41 ) S,440_,:gx14 �urs !y, Subscribed and sworn to before me this 27 day of July 1989 . • 5:- Notar Public My commission expires : OFFICIAL SEAL !�!►. KATHRYN E.CIJVELIER 1. ," Notary Plshtic--Arizona , ;� PifAA C Ot 1N v My Ccmrnission Expires 7-27-91 - ZONING ADMINISTRATOR'S OPINION - ALTERATION OF NONCONFORMING USE FROM: Steve Hagedorn, Zoning Administrator DATE: August 11, 1989 RE : GODFREY-SHEPPARD RESIDENCE 630 W. CALLE CONCORDIA The subject property at the above-described address contains an existing residence which does not conform to the building height restrictions of the R1-144 Zoning District within which it is located. This residence did, however, conform to the applicable height restrictions when constructed and is, therefore, a legal nonconforming use. The R1-144 District, Section 6-203D, presently limits buildings to one story and eighteen foot maximum height. The existing residence is a two story structure, measuring approximately twenty-three feet in height. The owners are proposing an additional structure for the property. The new construction includes a two story garage and guest quarters connected to the existing structure via a masonry wall and covered porch. The revised plans have been modified from those originally submitted for Board of Adjustment review as a request for a variance. The Oro Valley Zoning Code Revised (OVZCR) , Article 1-6 Nonconforming Uses, specifically, Section 1-605 Enlargement, Extension, Reconstruction or Structural Alteration of Building or Land, addresses the expansion of nonconforming uses, which this office determines the existing subject residence to be. This section states: "No existing building or land designed, arranged or intended for or devoted to a use not permitted under the regulations of this code for the district in which such building or land is located shall be enlarged, extended, reconstructed or structurally altered unless such building and such enlargement, extension, reconstruction and structural alterations and further use hereof conform in every respect with the regulations specified by this ordinance for such district in which said building or land is located, provided nothing herein shall prohibit any reasonable repairs or alterations in a building or land used for such existing purposes". As indicated above, "reasonable . . . alterations in a building . . . for such existing purposes. . ." are permissible. In regard to the existing purpose, that is, single family residence, the applicant is on public record that the purpose of the new construction is to accommodate member(s) of the family unit currently maintaining a household at the above address by constructing additional rooms and a garage. It should be noted that the 1 residence currently does not have a garage. Therefore, the acceptability of the proposed construction is dependent upon a consideration of whether the proposed construction constitutes a "reasonable alteration" to the existing nonconforming use. The Oro Valley Zoning Code Revised defines "alteration" as follows: "22. Alteration shall mean any change, addition or modification in construction, structure or occupancy." Obviously, this is a general definition, open to wide interpretations. Research regarding the legislative intent of this definition, adopted as an amendment to the Town Zoning Code on November 18, 1982, has revealed no insight which would assist in the interpretation of this definition. Further investigation of other jurisdictions' zoning codes, including the Cities of Tucson, Phoenix, Scottsdale and Mesa and Pima County show no such definition. Therefore, tracking the origin of the term "alteration" through other land regulations and attempting to find administrative interpretations has been unsuccessful. Webster's Ninth Edition New Collegiate Dictionary contains a significantly different definition for alteration which includes "modification" and "to make different without changing into something else". Clearly, the existing definition of "alteration" in the OVZCR is overly broad and in need of revision. However, in regards to the case at hand, this code definition must be applied. Further, the OVZCR does not define addition. However, addition is defined by the Uniform Building Code (UBC) as an extension or increase in floor area or height of a building or structure. Therefore, in this specific case, the structurally connected addition to the Godfrey-Sheppard residence could be determined to constitute a reasonable alteration to the existing nonconforming use on the property, under Section 1-605 of the OVZCR. In addition to this concern, a second issue of the areal extent or square footage of the proposed addition or alteration needs to be considered in relation to the existing structure. This second issue is that of reasonableness of the additional square footage of the proposed addition in relation to the square footage of the existing nonconforming use. While other jurisdictions have commonly utilized 50% as the maximum permissible increase in floor area for enlargements of nonconforming uses, the Pima County Zoning Administrator uses a 100% increase as a maximum. The proposed addition to the Godfrey-Sheppard residence represents an increase of 44.5% in total square footage. The actual increase in footprint square footage represented by the addition is 31.5%. In this case, this is an acceptable enlargement of the nonconforming use. As previously indicated, the proposed addition entails two story construction. The intent of height regulations contained in section 6- 203D is widely accepted as the preservation of the character of the district and the immediate neighborhood. The official record reflects one 2 written objection from an adjacent neighbor with regard to the previously submitted plan and request for a variance. In fact, the only neighbor, in this office's opinion, that may be potentially harmed by the proposed construction, is the Town of Oro Valley property including the Police Department and Maintenance Yard which is located immediately to the west of the Godfrey-Sheppard property. The Town has not filed an objection to the two story "alteration". Therefore, the alteration is determined to be reasonable in this particular case in that no adjacent owner is injured. DAW:lmf 3 MEMORANDUM TO • Steve Hagedorn, Zoning Administrator FROM : Bob Maassen, Building Official DATE : August 18, 1989 RE : Guest House and Garage addition to Residence of Stephen Sheppard. 630 W. Calle Concordia, Oro Valley, AZ. At your request, I have examined the plans submitted for a building permit to ascertain whether or not there would be any structural revisions to the existing house. The plans do not show, or call for, any structural revisions to the existing house. The plans call for an attached garage/guest house connected to the existing house by the way of an 8 (eight) foot high wall and covered walkway. i Bob Maassen, Building Official Town of Oro Valley NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY BOARD OF ADJUSTMENT In accordance with Section 1-505 of the Oro Valley Zoning Code Revised, NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY BOARD OF ADJUSTMENT IS HEREBY GIVEN: TIME • at or after 6: 30 p.m. , Tuesday, September 26, 1989 PLACE • Oro Valley Town Hall, 10900 N. Stallard Place, Suite 100, Foothills Business Park SUBJECT • APPEAL OF ZONING ADMINISTRATOR'S DECISION REGARDING ARTICLE 1-6 AND SECTION 1-605 OF THE ORO VALLEY ZONING CODE REVISED, RELATING TO THE GODFREY REQUEST FOR ADDITION TO EXISTING HOME Mr. Shields, 9369 N. Calle Buena Vista, does not agree with the Zoning Administrator' s decision that this is a legal addition to a non-conforming structure. LOCATION • 630 W. CALLE CONCORDIA, west of Calle Buena Vista on the north side of Calle Concordia. A portion of Lot 45, Linda Vista Citrus Tracts, No. 2 . Members of the public are invited to attend this meeting and will be given an opportunity to speak. (Plans of the proposed directional sign can be viewed in the office of the Clerk. ) Steve Haged n Zoning Administrator Town of Oro Valley PUB: The Daily Territorial 9/11/89 Case No. OV10-89-6 STATE OF ARIZONA ) TOWN OF ORO VALLEY ) I herebycertifythat on 9/08/89 I caused to be delivered, a legal notice regarding the above-mentioned case to be published in the Daily Territorial on 9/11/89. A copy of public hearing notice is on file in the Oro Valley Town Hall. I hereby certify that on 9/08/89 I mailed individual letters to all agencies and individuals required, together with notice of public hearing and specific map involved, if any. 74 ``'-(1"1"4- r tify c c t q•//.gg U - OV l Z. DeiD y Clerk Subscribed and sworn to before me this /7 day of .,/,/APL 1989 . 1 /(;/ otary Pli My commission expires: `/` � 9 -- The Oro Valley -`, ' � ' _ r , Territorial, September 15, 1989 page .............,__ ---- A ctivate body and give dorn said. "We have been receiv- Raydean Cluff, representing program, to increase communit your hair incredible volume and COUNCIL ing a whole slug of complaints community concerns, presented a involvement and awareness of shine will, VaVoom Conditioning one a A duringthepast one and one half map outlining streets involved in substanceof the fabulous VaVoom Volume abuse in Oro Valley, GeneratorsTM from Matrix. VaVoom ' � " • From Page 1 years the path. The streets include Pa- was also approved by the county. Condition -a instantly moisturizes, a , ' There have been about 8 calls seo del Norte, Magee, Northern This program would be in associ- strengthens, detangies and prevents could be sent out with the fire concerning the 10 or 12 guest Way, Hardy and Calle Concordia. ation with the Governor's Office frizzles. its incrediblylightweight formula _ ; ',engine, house in Oro Valley, and therealready then the ambulance could "Since there have been of Substance Abuse. leaves hair feeling clean, healthy and ® e available to be used anywhere are problems bringing them into some accidents, we are proposing Joan Harphant, Oro Valley alive' 4rilati% =in Pima County, he said. compliance Hagedorn said. this off-street bike path so child- court administrator said the y Under this proposal, there "We have scheduled investiga- ren can go to school without fear Community Awareness Team was HAIR DESIGNERS FOR MEN& WOMEN would be no ambulance stationed tions only to go out and find a for their lives," Cluff said. formed in Oro Valley last Febru- 7890 N. Oracle at Magee in the building next door to the hole in the cabinet where an oven The council approved a request a r y, and has received a MOI`►.-SAT. 8 a.m.-5 p.m. I :Town Hall, but ambulance ser- used to be, and after we leave the for remodeling of the Oro Valley $1,000-grant from the governor's 297-4996 EVENINGS BY APPOINTMENT vice would be available from owners put it back," Hagedorn Police Department building to office. ;Northwest Hospital, Engle said. said. provide additional space. Vice Mayor Cathy Hufault Hagedorn suggested eliminat- "We are running out of space 1......o x, . ;; -. ;.-. mentioned that Rural Metro sells ing the guest house ordinance to put people until they can be V subscriptions for ambulance ser- singe it was so difficult to en- moved to county facilities, and 4' we need some holdin cells,>, said Q'' DOUBLE WAMMY GIVEAWAY `vice to about 30 percent of Oro force, but Gary Kidd, Oro Valley g A Valley _‘,.‘ 4\f‘ .. , and asked if that was -a town attorney, said the town Werner Wolff, chief of police. higher percentage than other could not eliminate the ordinance Along with approving more mik Come&visit our ne:�� loc lion at 3773 *.„ , areas. space for thepolice department, for existing guest houses, but P partme t, = W. Ina 170 (Safeway Center) anti +►�� p the council approved a resolution :--# "Thirty percent of Oro Valley c o u 1 d d a l with future PP . a }. is about 900 people," Engle said. construction, for a proposed intergovernmental = enter our drawing for 'I boys and 1 '4 "That compares with about Then council decided to start agreement between Oro Valley .� Bicycle Pictured 30,000 people in the county, and the procedure for a public hearing and Pima County relating to pns-` girls bicycles. Drawing Oct. 1 S9 is Not Actual Giveaway other areas such as Green Valley on the issue. oner housing fees. The Jail Bill,` The council approved an enacted by the state, goes into Come and visit our Bright, New Shop NO PURCHASE NECESSARY • NEED NOT BE PRESENT TO WIN where there is a 70 percent sub- t effect Sept. 5 and requires small e— — "" '® �''"''"'" .' '"`....'"'�amendment to the Rooney Ranch q PERM SPECIAL woMFN'S FASHION SPcCIAL 1 ADULT scription rate." F , communities such as Oro Valle planned . area development that Y "We wouldn't be abandoning would allow a full-service gas which has no jail facilities, to pay Longer or Thicker Hair Extra Mon-Toes-W$ 1� a.m.-3 p.m. service to Oro Valley because we the countyfor housingA L• Station to be built near the in- l-ielene Curtis Top Quality, Custom, would be providingaparamedic Individually Packaged Perms Bring in your Pre-Schooler Includes: • Shampoo • Precision Cut tersection of Oracle Road and La The county fee for housing " Includes: • Shampoo • Precision Cut (5 under) • Complete Styling who can offer first care services, Reserve Drive. prisoners will probably be $50 For an Additional • Complete Styling Engle said. "Right now there are Linda Polito, of WLB Group, per day per prisoner, Kidd said. $395 95 Regular Value many hours of the day when there represented John Lieber, owner of "I hate to have to pay this fee, $ 95 Regular value OFFER VALID ONLY WITH $ 1.00 isn't any paramedic in Oro Valley but it appears we have no alterna- $3s.00 PRE PRE-SCHOOLER AT THE SAME TIME the proposed 1.2-acre site, and PP at all because the ambulance is in the Rooney family, said that the tive," FULL SERVICE Expires 9-30-89 Expires 9-30-89 FULL SERVICE Expires 9 30-89 Wolff •`said. F 4 -1 --i another area:" ` station would not face Oracle In a discussion of a resolution CUT M E N'S NIGHT M E 'S The council members decided Road, that there would be land- on a proposed intergovernmental ��® `� they needed more time and infor- Age r r and Under SPECIAL _ SPECIAL scape buffers, and that all con- agreement with Pima County for Includes: •• Shampoo •• Rinse Men's Style Cut Women's Style Cut mation to discuss issue, and de- struction would need to meet the the community block grant prog- • Fashion Style Cut cided to postpone action until the approval of an architectural re- ram, which distributes funding for • Blow Dry • Complete Styling Thursday Only Thursday Only Nov. council meeting. 5:00 PM-8:00 PM 12:00 PM-3:00 PM view committee HUD projects, John Devner, Oro . Guest houses in Oro Valley Valley town manager, said that $595 $ 9S Regular Value $ 95 Regular Value Reg. $7.00 $11.00 $11.00 have become a zoning enforce- The council also told represen- the county needs Oro Valley's ment problem said Steve Hage- tatives of parents and school that support in order for them to getFULL SERVICE Expires 9-30-89 FULL SERVICE Expires 9-30-89 FULL SERVICE Expires 9-30-89 dorn, Oro Valleyzoningadmini- PPo ` sal they would have their support for the funding. Senior Citizen Shampoo & Blowdry, M-F 9 a.m. to 2 p.m., $6.Ofl, reg. $8.00 strator,•in a report to:the council. a bicycle path on streets connect- Before the council approved NO APPOINTMENT NECESSARY . ONE COUPON PER CUSTOMER "Guest houses are not allowed ing Harelson Elementary and the resolution, the mayor coin- to have cookingfacilities or to be y HOURS: Monday-Saturday 9:00-6:00 Thursday `fi! 8:00 Cross Middle Schools with Ca- mented that the county "never rented because this classifies nyon Del Oro High School and funnels any money our way." ,munoi F'asIionthem as dwelling units," Hage- Dennis Weaver Park. An assessment and education -I' ADDITION( utsts ;�, V LOCATIONS finishes Family Hair Care Centers COMING SOesto cable microwave receiver m...cwd Jones Intercable Inc. has corn- near Ina and Thornydale. The Englewood, Colo., cable- Fashion Cuts,Independently owned and operated by your neighbors&committed to serving our community with excellence in family tsaitcc re€e ye. pleted construction on the Nar- The new receive site will also TV concern recently redeemed its • 7059 E. Tongue Verde 886-6553 • 8781 E. Broadway 2"rya 2y 4042 E. 22nd St. 45 9805 no anja microwave receive site, lo- feed to Copper Creek, Highlands 14.5 percent subordinated deben- • 1802 E. Prince 327-5128 • 7255 E. Golf Links 886-1952 • 1716 W, Alo Way 294-3320 cated at First Avenue and Narania Mnhile Noma Aartr T !''..t;,;�� • 3514 E. Grant 88i 5798 • 1307 W. St. Mary's b2d 96 920 W. Valencia 573-1228 �r �o lures rice 1094 for S'3l million - - ---- .- .. _ . __. ..._ MINUTES OF THE ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION SEPTEMBER 26, 1990 CALL TO ORDER: 6: 56 p.m. PRESENT: Darrell Gilman, Chairman Terry Lon Myers, Vice-Chairman Richard Starkey, Member EXCUSED: Freddy Hershberger, Member APPROVAL OF MINUTES A MOTION was made by Chairman Gilman and SECONDED by Vice- Chairman Myers to APPROVE the minutes of the August 22 , 1989 meeting. MOTION UNANIMOUSLY carried 3 - 0. PUBLIC HEARING OV-10-89-6 - APPEAL OF ZONING ADMINISTRATOR'S DECISION REGARDING ARTICLE 1-6 AND SECTION 1-605 OF THE ORO VALLEY ZONING CODE REVISED, RELATING TO THE GODFREY REQUEST FOR ADDITION TO EXISTING HOME (GODFREY RESIDENCE LOCATED AT 630 WEST CALLE CONCORDIA Mr. Hagedorn said the file on the Marshall case is located in dead storage in another building, therefore, he is not able to present the file to the Board at this time. Mr. Hagedorn said if the Board feels that the Marshall case is relevant to the case at hand, they will have to continue the meeting in order for staff to retrieve the file. Mr. Hagedorn said he does not feel the case is relevant to the case at hand. It was the consensus of the Board to disregard the Marshall case and proceed with the case at hand. Mr. Hagedorn said the real question tonight is whether the proposed Godfrey construction constitutes a reasonable alteration to the existing nonconforming use. The subject property contains an existing residence which does not conform to the building height restrictions of the R1-144 zoning district within which it is located. This residence did conform to the applicable height restrictions when constructed and is, therefore, a legal nonconforming use. As such, that structure was built to approximately 23 ft. in height and is a two story structure. The existing Oro Valley Zoning designation to that property would normally permit only a one story 18 ft. structure. The Oro Valley Zoning Code Revised has a Section Article 1-6 covering 9/26/89 Minutes, Regular Session 2 nonconforming uses , specifically Section 1-605 covering enlargement, extension, reconstruction or structural alteration of building land which states that no existing building or land designed, arranged or intended for or devoted to a use not permitted under the regulations of this code for the district in which such building or land is located shall be enlarged, extended, reconstructed or structurally altered unless such building and such enlargement, extension, reconstruction and structure alterations and further use hereof conform in every respect with the regulations specified by this ordinance for such district in which said building or land is located, provided nothing therein shall prohibit any reasonable repairs or alterations in a building or land used for such existing purposes. When translated, this means that reasonable repairs or alterations to an existing nonconsisting building are permitted in Oro Valley. As indicated under this definition, reasonable alterations in a building for such existing purposes are permissible. In regard to the existing purpose (a single family residence) the applicant is on public record that the purpose of the new construction is to accommodate a member of the family currently maintaining a household at the above address. Mr. Hagedorn said it should also be noted that there is no existing garage at this residence. Mr. Hagedorn said another issue in terms of reasonableness that would apply to this definition is having to do with the overall size of the addition that they have put on their property. The guest house and garage combination that the Godfrey' s are building on their property comprises approximately 31. 5% of the existing floor area of the building. Mr. Hagedorn said the reason he is looking at this is because other jurisdictions do take a look at the overall size of the addition in relation to existing structures to determine whether or not the addition is reasonable by size. Most of the jurisdictions utilize 50% maximum permissible increase in floor area, Pima County zoning uses 100% increase as being reasonable for a maximum limit. Mr. Hagedorn said therefore, he believes this constitutes a reasonable size addition. Vice-Chairman Myers asked if the structure was complete and built in place without a garage previously? Mr. Hagedorn said that was correct. Vice-Chairman Myers asked if it is more appropriate to say that the Godfrey's are asking for a bedroom addition with special features as opposed to a guest house because it is a member of the household that they are building the addition for? Mr. Hagedorn said yes, as the Zoning Administrator, that is his 9/26/89 Minutes, Regular Session 3 interpretation. Mr. Hagedorn said the two key items in making this decision had to do with reasonableness of the addition and the fact that the Godfrey's will be adding to their existing house. The Code states that any reasonable alterations in building are permitted. The Oro Valley Zoning Code defines alteration as any change, addition, or modification in construction, structure, or occupancy, therefore, it is Mr. Hagedorn's interpretation that this alteration was indeed an addition to the existing house. The only issue in question is the fact that the addition is added to the main structure by a covered walk way and an 8 ft. wall connecting the roof with the ground line or the sidewalk line. Vice-Chairman Myers asked if this was any different than an atrium or a semi-open air foyer in any other house? Bob Maassen, Chief Building Inspector/Architect, said buildings are frequently planned and built this way all at one time and considered a building, not buildings. Mr. Maassen said he looks at this as a single building because it enjoys one set of electrical distribution and one plumbing system. The fact that it is tied together by a roof structure makes it a single building within the Building Code and it could not be sold as a separate unit. Vice-Chairman Myers said it does not meet the criteria of a town house then. Vice-Chairman Myers asked if the garage underneath were a three car garage, and if Mr. Maassen had ever come across anyone to build a one bedroom home over a three car garage? Mr. Maassen agreed that it does not meet the criteria of a town house, it is a three car garage, and yes, he has seen this type of building before, as a stand alone product that is considered a carriage house and a very common structure. Chairman Gilman opened the public hearing. Gary Kidd, Town Attorney, requested that Mr. Hagedorn' s staff report and Mr. Maassen's report be introduced into the record and made exhibits as part of the case. Orville Shields, 9369 N. Calle Buena Vista, submitted photographs of the Marshall addition. Mr. Shields asked how wide the strip is between the two houses? Mr. Maassen replied 15 feet. Mr. Shields gave a history of the Marshall residence entry addition and proceeded to discuss the Godfrey residence addition. Mr. Shields said there are two guest houses on the Godfrey property already, one of which has been rented out for two years. 9/26/89 Minutes, Regular Session 4 Vice-Chairman Myers said they have a hypothetical proposal for a guest house which has probably been mislabeled because it is a bedroom which does not yet exist, so they only have one guest house at this time. Chairman Gilman pointed out that this has all been discussed at previous meetings, and they are dealing with a new case at this time. Mr . Shields said he does not agree with the Zoning Administrator's decision that this is a legal addition to a non- conforming structure. Mr. Shields said he believes the Godfrey case relates to the Marshall case. Mr. Shields said he thinks they should have built a bedroom onto the existing house and that guest houses should be taken out of the Zoning Code. Mr. Shields claimed that the addition contains 220 volt plugs. Mr. Shields then presented an article from The Oro Valley Territorial, dated September 15, 1989, regarding the guest house ordinance. Robert Liddle, Godfrey representative, said the Godfrey' s worked very closely with the Town staff to be certain that the plans for the addition would be approved by the Town. A building permit was issued and they were in the midst of construction when Mr. Shields filed his appeal. The reason for the 220 volt plug was for a hot water heater for the bathroom because it is too far to bring hot water from the main house. Mr. Liddle said there are now two hot water heaters in the house and one in the addition. Vice-Chairman Myers asked if the hot water heater in the addition is an energy conserving device? Mr. Liddle said yes, so they will not be losing heat when transferring water to the far end of the house and so additional piping will not have to be installed. This will be saving energy and construction expenses. Mr. Liddle pointed out that all of the neighbors, except for Mr. Shields, have signed or given oral statements to the Godfrey's that they do not object to the addition. There being no further comments, Chairman Gilman closed the public hearing. A MOTION was made by Vice-Chairman Myers to uphold the decision of the Zoning Administrator with regard to the Godfrey residence and allowing them to continue with construction, the basis for this motion is the expansion of an existing two story house to accommodate a growing family, the fact that the expansion calls for a garage which no garage was present when the Godfrey's took possession of the house, the storage of a car is an enhancement to the community and it is dictated in the C.C. & R. ' s of many of the new communities that are designed, there are special 9/26/89 Minutes, Regular Session 5 environmental considerations that of the trees and one story sprawl to accommodate three cars and additional bedrooms to the house which would be conforming, might endanger the environment that the neighborhood has already been accustomed to, also the fact that their growing family is not unlike that of a family who suddenly has a new member that is one year old instead of 70 years old, that the house to reiterate existed without the garage, that the Godfrey' s should use the land the way they got it, with two stories and their expansion includes two stories, further, that the appeal lacks any of the evidence that it refers to with regard to protest in the 300 foot area. MOTION SECONDED by Member Starkey and UNANIMOUSLY carried 3 - 0. ADJOURNMENT A MOTION was made by Member Starkey and SECONDED by Vice-Chairman Myers to ADJOURN the regular meeting at 7: 38 p.m. Respectfully submit ed, Judi h A. Deters, Deputy Clerk AGENDA ORO VALLEY BOARD OF ADJUSTMENT REGULAR MEETING SEPTEMBER 26, 1989 STUDY SESSION All items listed on the agenda may be discussed during the study session. CALL TO ORDER: 6: 30 p.m. REGULAR SESSION CALL TO ORDER: 6:45 p.m. ROLL CALL 1. APPROVAL OF MINUTES - AUGUST 22 , 1989 2 . PUBLIC HEARING OV10-89-6 - APPEAL OF ZONING ADMINISTRATOR'S DECISION REGARDING ARTICLE 1-6 AND SECTION 1-605 OF THE ORO VALLEY ZONING CODE REVISED, RELATING TO THE GODFREY REQUEST FOR ADDITION TO EXISTING HOME (GODFREY RESIDENCE LOCATED AT 630 W. CALLE CONCORDIA) ADJOURNMENT MINUTES OF THE ORO VAT,T.F,Y BOARD OF ADJUSTMENT STUDY SESSION SEPTEMBER 26, 1989 CALL TO ORDER: 6: 30 p.m. PRESENT: Darrell Gilman, Chairman Terry Lon Myers, Vice-Chairman Richard Starkey, Member EXCUSED: Freddy Hershberger, Member PUBLIC HEARING OV-10-89-6 - APPEAL OF ZONING ADMINISTRATOR'S DECISION REGARDING ARTICLE 1-6 AND SECTION 1-605 OF THE ORO VALLEY ZONING CODE REVISED, RELATING TO THE GODFREY REQUEST FOR ADDITION TO EXISTING HOME (GODFREY RESIDENCE LOCATED AT 630 WEST CALLE CONCORDIA) The Board members discussed the appeal by Orville Shields. Mr. Shields does not agree with the Zoning Administrator' s decision regarding the Godfrey's addition, that it is a legal addition to a non-conforming structure. Vice-Chairman Myers pointed out that Mr. Shield's also indicated that a past decision by the Town regarding Bruce Marshall 's entry structure, located at 9380 N. Calle El Milagro, is contrary to the Godfrey approval. Steve Hagedorn, Zoning Administrator, said the Marshall 's, without obtaining a building permit, built an addition to their house which resembled a bell tower for the front entrance of their home. Mr. Hagedorn indicated that the tower exceeded the building height of the Zoning Code. The Town required the Marshall ' s to remove the addition that was taller than the height of the house to bring the addition into conformance. Mr. Hagedorn said the Marshall addition was an illegal addition. Vice-Chairman Myers asked how the Godfrey case and the Marshall case are related? Mr. Hagedorn said he does not feel the two cases are related. Chairman Gilman asked what year the Marshall case came before the B.O.A. ? Mr. Hagedorn replied 4-6 years ago. 9/26/89 Minutes, Board of Adjustment Study Session 2 It was the consensus of the Board members and staff to examine the Marshall file prior to the regular session. Member Starkey said he does not see a relationship between the Marshall case and the case at hand. Vice-Chairman Myers said there is a relationship only if they are identical in the uses existing and the uses proposed, and the fact that the Marshall project was stopped and for what reason. Vice-Chairman Myers noted that the Marshall case is being used by Mr. Shields as a precedent for the subject case. Study Session recessed at 6:45 p.m. Respectfully submitted, c • 4 (S Judith A. Deters Deputy Clerk