Loading...
HomeMy WebLinkAboutOV108903 APPLICATION NO. OV Q -��--' 0 o 0-,4 t• REQUEST FOR VARIANCES BOARD OF ADJUSTMENT V i'C f �z 1. APPLICANT'S NAME DESIGN & PRESENTATION ASSOCIATES, CORPPORATION 2. ADDRESS 31 N. 6th Ave . , P. O. Box 2189 , Tucson, AZ 85702 3. TELEPHONE NUMBER 602/628'8386 4. PROPERTY OWNER Kenneth & Shirla Snow ADDRESS Oro Valley , AZ 85737 TELEPHONE NUMBER 5. ADDRESS OR LEGAL 9475 N. Calle El Milagro DESCRIPTION OF SUBJECT PROPERTY 174 , 287 sa. ft . LOT NO. 21 ; LOT SIZE ; ACRES © ; ZONED _� 6. WHAT PROVISION OF THE R1-144 , Sec . 6-203D ORO VALLEY ZONING CODE REVISED ARE YOU REQUESTING A VARIANCE. 7. STATE BRIEFLY AND FULLY THE REASONS WHY THE VARIANCE IS DEEMED NECESSARY: The parameters and topography of the lot allow for a limited amount of feasible building area . The house has been sited to the rear of the lot to allow more privacy and as to not obstruct the views from the adjacent homes . The 2-story structure accounts for less than one-third ( 1/3 ) of the total square footage. We have also used a split level design to decrease the height of the northern most portion of the structure . We feel that this design is necessary to meet the Owner ' s needs while conforming with the limitations of the site and surrounding homes . • - 1 - 8. IS A REZONING OR A SUBDIVISION PLAT INVOLVED IN THIS REQUEST YES ( ) NO (X ) 9. HAS A PREVIOUS APPLICATION BEEN FILED OR A HEARING HELD RESPECTING THE SUBJECT PREMISES. YES ( ) NO (X ) 10. PROVIDE THE FOLLOWING: ( ) DIMENSIONED PLOT PLAN, 7 COPIES. ( ) DIMENSIONED FLOOR PLAN, N/A COPIES. ( ) DIMENSIONED ELEVATION PLAN, 7 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. N/A, New Residence (X) NAMES AND ADDRESSES OF ALL OWNERS OF PROPERTY, ANY PART OF WHICH IS WITHIN 300 FEET OF THE SUBJECT PROPERTY. Bouschor, Royal G. 707 W. Linda Vista Tucson , AZ 85704 Chessen, Gerald James 601 N. Wilmot Rd. Tucson, AZ85711 Lind, Dwight & Barbara 909 W. Linda Vista Blvd.Tucson , AZ 85704 Ratcliffe , Mack L. & Lee C. 9500 N. Calle Loma Linda Tucson, AZ 85737 Zele, Cynthia B. 9425 N. Calle El Milagro Tucson, AZ 85704 Madsen , Jared & Kathleen 7031 N. Paloma Dr. Tucson , AZ 85704 Lorenz , William E. & Betty Ann 9460 N. Calle El Milagro Tucson, AZ 85704 - 2 - FOR OFFICE USE ONLY Received by ���� �y,'r`V 1411 - on ft.1; 198 . All requirements satisfied on 198 Fee $.a2N()_ 00 paid by check no. Applicant was given Schedule of Fees and applicable rules on Hearing Date 7/& / ��� 3 Case No.4V ko- - ' St.w44 Z.(3 -129 STATE OF ARIZONA ) TOWN OF ORO VALLEY ) I h certify that o "r hereby fy n � t�� � I caused to be delivered a legal 1 ' notice regarding the above-mentioned case to be published in the -. .i i 04Zi on A copy of public hearing notice is on file in the Oro Valley awn Hall. �,. I hereby certify that on //1(f r 1 !% 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 6!i (<Gq I caused to be posted the subject property in the above- mentioned case. Administrative Assistant -)ti pr C . Planning and Development Svcs. Subscribed and sworn to before me this /, day of 198 . is My commission expires: O 0*,?PP I: .� O4 .m r- Q.44 R/Z O NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY BOARD OF ADJUSTMENT T 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. , Thursday, July 6, 1989 PLACE : OLO Valley Tcwn Hall, 10900 N. Stallard Place, Suite 100, Foothills Business Park SUBJECT OV10-89-1 REQUEST FOR A TWO-SIURY RESIDENCE LOT 21, LINDA VISTA CITRUS TRACTS, NO. 2 Mr. and Mrs. Kenneth Snow request a variance to Section 6-203D of the Oro Valley Zoning Code Revised which limits residential construction in the R1-144 District to single story and a maximum building height of 18 feet. The Snows propose a two-story residence in excess of 18 feet in height for the above-mentioned property. LOCATION : 9475 N. Calle el Milagro, south of Linda Vista Blvd. on the west side of Calle el Milagro. Members of the public are invited to attend this meeting and will be given an opportunity to speak. c-Steve Hagedorn Zoning Administrator Town of OL o Valley PUB: THE DAILY TERRITORIAL JUNE 20, 1989 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. , Thursday, July 6, 1989 PLACE Oro Valley Town Hall, 10900 N. Stallard Place, Suite 100, Foothills Business Park SUBJECT OV10-89-1 REQUEST FOR A TWO-STORY RESIDENCE LOT 21, LINDA VISTA CITRUS TRACTS, NO. 2 Mr. and Mrs. Kenneth Snow request a variance to Section 6-203D of the Oro Valley Zoning Code Revised which limits residential construction in the R1-144 District to single story and a maximum building height of 18 feet. The Snows propose a two-story residence in excess of 18 feet in height for the above-mentioned property. LOCATION : 9505 N. Calle el Milagro, south of Linda Vista Blvd. on the west side of Calle el Milagro. A portion of Lots 21 and 24, 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 residence can be viewed in the office of the Clerk. ) Steve Hagedorn Zoning Administrator Town of Oro Valley PLEASE NOTE: The notice you previously received included an incorrect address. PLANNING STAFF REPORT TO THE BOARD OF ADJUSTMENT T DATE : July 6, 1989 RE : OV10-89-3 SNOW REQUEST FDR A TWO-SRIURY RESIDENCE Summary_: Design and Presentation Associates is making a request on behalf of Kenneth and Shirla Snow, 620 W. Bangalor Drive, to permit the construction of a two-story home at 9505 N. Cal le el Milagro. This site, the south half of Lot 21 of Linda Vista Citrus Tracts, totals 4.0 acres in size and is zoned R1-144. The R1-144 zoning permits single family residential structures not to exceed 18 feet and only one story in height per Sec. 6- 203 of the Oro Valley Zoning Code Revised. The applicant is requesting a variance in order to construct a single family residence which incorporates two stories over approximately one- half of the building. While no dimensions are given on the plans submitted to staff, it is believed that heights in the one-story portions are 18 feet and heights in the two story portions of the house range up to 30 feet. The applicant notes that topography allows for a limited amount of feasible building area. Further, it is noted that the house has been sited at the rear of the lot to allow for more privacy and so as not to obstruct views from adjacent homes. While staff generally agree with the assertion regarding siting of the structure, we do not agree that the lot is constrained for topographic reasons. Examination of the topographic map of the site indicates that about 85% of the lot is buildable. Since, in staff's opinion, there are no special circumstances or conditions applying to the subject property referred to in the application, including its size, shape, topography, location or surroundings which do not apply to other properties in the district, we do not feel that granting a variance is appropriate for a two-story structure. In addition, we feel that granting a variance would constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity. While we feel that a two-story structure is a reasonable use in the R1-144 zone, the Zoning Code does not permit such a height. The most appropriate remedy in this situation, and it is a recurring situation, is to amend the Zoning Code to permit two-story structures in the R1-144 zone. Planning Staff Report Snow Residence OV10-89-3 page 2 At this time, the only way the Board can justify authorizing this variance is to make the finding that the granting of this privilege would not be materially detrimental to persons residing in the vicinity, to adjacent property and to the neighborhood or public welfare in general. Recommendation: Staff recommends denial of this request for a two-story residence on the basis that such a request is not the proper use of a variance. As noted in the Oro Valley Zoning Code Revised, Sec. 1-508, Findings of the Board of Adjustment, granting this variance would clearly be in conflict with four of the five findings required. Attachments: 1. Site Plan 2. Adjacent property owner's letter 6-21 -89 Steve Hagedorn Zoning Administer Town of Oro Valley Re: OV10-89-1 Request for a two-story residence Lot 21 , Linda Vista Citrus Tracts, No. 2 Dear Sir: I support the Snow' s application for a variance on their property and think their home will be an asset to the neighborhood. Sincerely yours Jared Madsen ( 9475 N Calle el Milagro) Tucson, Az 85704 28 '89 Town of Oro V alley MINUTES OF THE ORO VALLEY BOARD OF ADJUSTMENT STUDY SESSION JULY 6, 1989 CALL TO ORDER: 6: 30 p.m. PRESENT: Darrell Gilman, Chairman Freddy Hershberger, Member Terry Lon Myers, Vice-Chairman Toni Simon, Member Richard Starkey, Member Chairman Gilman indicated to the Board that he wanted to discuss the necessity of future Study Sessions prior to the Board of Adjustment meetings. Dave Williams, Town Planner, said he knows of other Boards that only have a study session if the Chairman deems it necessary. After the Chairman reviews the agenda he may instruct staff to place a study session on an amended agenda. Member Simon said that was a good idea, and felt they should not close the door entirely should a case arrive where they would want a study session. Chairman Gilman said to his recollection, there has been only one instance where they needed a study session. Vice-Chairman Myers said study sessions give them an opportunity to discuss each case prior to their regular/special meetings and said he would prefer to continue having the study sessions. After a brief discussion between members, it was decided to continue having the study sessions prior to the regular/special meetings. PUBLIC HEARING - OV10-89-3 - REQUEST FOR A TWO-STORY RESIDENCE LOT 21, LINDA VISTA CITRUS TRACTS, NO. 2 (SUBJECT PROPERTY IS LOCATED AT 9505 N. CALLE EL MILAGRO, SOUTH OF LINDA VISTA BOULEVARD ON THE WEST SIDE OF CATJ.E EL MILAGRO Chairman Gilman asked whether the $500 variance fee for the subject request was paid by check or cash? Judy Deters, Deputy Clerk, replied that it was paid by check. 7/6/89 Board of Adjustment Study Session 2 Member Starkey asked if the Madsen property is south of the subject property? Mr. Williams replied yes. Member Starkey asked if the Town had received correspondence from the property owners to the west of the subject property? Mr. Williams replied no, they have not heard from the Ratcliffe's. Vice-Chairman Myers asked how much notice the Ratcliffe' s had with regard to the public hearing this evening? Mrs. Deters replied that the notices were mailed on June 16, which provided for more than the 15 day requirement of the Town Code. Vice-Chairman Myers and Member Starkey both indicated that they had not seen the notice posted on the subject property. Mr. Williams stated that Steve Hagedorn, Zoning Administrator, posted the property. Mr. Williams said he believes that the notice was posted on the property at least 16 days prior to the meeting. Vice-Chairman Myers said he does not feel that 15 days is sufficient notification due to the possibility of residents being on extended summer vacations. Study Session recessed at 6:44 p.m. Respectfully submitted, C-7y70 CL• cS Judith A. Deters, Deputy Clerk A MINUTES OF THE ORO VALLEY BOARD OF ADJUSTMENT SPECIAL SESSION JULY 6, 1989 CALL TO ORDER: 6:45 p.m. PRESENT: Darrell Gilman, Chairman Freddy Hershberger, Member Terry Lon Myers, Vice-Chairman Toni Simon, Member Richard Starkey, Member APPROVAL OF MINUTES A MOTION was made by Member Hershberger and SECONDED by Vice- Chairman Myers to approve the minutes of the April 24, 1989 meeting. MOTION UNANIMOUSLY carried 5 - 0. PUBLIC HEARING OV10-89-3 - REQUEST FOR A TWO-STORY RESIDENCE LOT 21, LINDA VISTA CITRUS TRACTS, NO. 2 (SUBJECT PROPERTY IS LOCATED AT 9505 N. CALLE EL MILAGRO, SOUTH OF LINDA VISTA BOULEVARD ON THE WEST SIDE OF CAT.T.E EL MILAGRO Chairman Gilman opened the public hearing. Chairman Gilman indicated that the Deputy Clerk had notified all property owners within 300 feet of the subject property. Chairman Gilman said he spoke with Mr. Martin, Architect with Design & Presentation Associates, and the owners of the subject property, Kenneth and Shirla Snow. There being no one present to speak in favor or opposition to the Snow request, Chairman Gilman closed the public hearing. Chairman Gilman indicated two previous variances the Board granted, those being Jared Madsen (28 feet) and the Blankenship ' s (20 feet) . Member Starkey referred to the Planning Staff Report and said his only concern with the Snow request is the portion of the report that reads as follows: it is believed that heights in the one- story portions are 18 feet and heights in the two story portions of the house range up to 30 feet. Member Starkey said his concern is with the "house range up to 30 feet" . Member Starkey said that elevation does not conform with other variances that the Board has granted, which are adjacent to the subject property. 7/6/89 Board of Adjustment Special Meeting 2 Member Hershberger said she feels the request is an evasion, and feels perhaps the Board should not consider it. Vice-Chairman Myers said he thinks the Board should make sure that they hear from the neighbor immediately to the west of the Snow's property before they can consider their request. If there is no objection from this neighbor or any other adjacent property owner, he does not feel that anyone would be suffering from a two story building, given that there are two story buildings all around. Chairman Gilman said he agreed with Vice-Chairman Myers, he also would like to hear from the neighbor to the west of the Snow's property. Member Hershberger noted that everyone was given legal notice and opportunity to submit opposition or favor to the Snow' s request, and said that they cannot wait forever. Mr. Williams said he agreed with Member Hershberger, that every- one has had adequate opportunity to respond. Mr. Williams said, in his opinion, their lack of response indicates approval or lack of dissent and urged the Board to take action on this item this evening. Member Starkey said he is under the impression that all of the immediate properties that had variances that are currently two stories are only up to 20 feet, and does not know of one over 20 feet. Vice-Chairman Myers said he believes that they are over 20 feet, being that you need 28 feet to make two stories. Chairman Gilman noted that Mr. Madsen went 28 feet. Member Starkey said his only concern is the 30 feet, and said he feels that a two story is a viable option on this type of property. Mr. Williams indicated that two stories will always differ in height depending on the architectural style of the building. Vice-Chairman Myers said the Snow residence is higher than the one to the south, not sided in a similar manner, and they have not heard from the property owner to the west. Vice-Chairman Myers said he does not feel that 15 days notice is adequate throughout the summer months. Mr. Williams suggested that the Board continue this item to a future meeting and for staff to send another letter of notice, by registered mail, to the property owner to the west. 7/6/89 Board of Adjustment Special Meeting 3 Vice-Chairman Myers MOVED to continue OV10-89-3 - Request for a Two-Story Residence Lot 21, Linda Vista Citrus Tracts, No. 2 (Subject Property Located at 9505 N. Calle el Milagro, South of Linda Vista Boulevard on the West Side of Calle el Milagro) for three weeks, until the July 27, 1989 Board of Adjustment meeting, and for staff to send a registered letter of notice to the property owner to the west of the subject property request. MOTION SECONDED by Member Simon and UNANIMOUSLY carried 5 - 0. Chairman Gilman made a request to staff to place a discussion and possible action on recommendation to the Planning Commission for amendment of the Oro Valley Zoning Code Revised, R1-144 District Building Height Standards, on the agenda for the next Board meeting. Mr. Williams said this item would be placed on the agenda for the July 18, 1989 Board of Adjustment meeting. ADJOURNMENT A MOTION was made by Member Simon and SECONDED by Member Hershberger to ADJOURN the special meeting at 7 : 15 p.m. MOTION UNANIMOUSLY carried 5 - 0. Respectfully submitted, Jud A. Deters, Deputy Clerk REVISED PLANNING STAFF REPORT TO THE BOARD OF ADJUSTMENT DATE : July 27, 1989 RE : OV10-89-3 SNOW REQUEST FOR A TWO-STORY RESIDENCE Summary: Design and Presentation Associates is making a request on behalf of Kenneth and Shirla Snow, 620 W. Bangalor Drive, to permit the construction of a two-story home at 9505 N. Calle el Milagro. This site, the south half of Lot 21 of Linda Vista Citrus Tracts, totals 4.0 acres in size and is zoned R1-144. The R1-144 zoning permits single family residential structures not to exceed 18 feet and only one story in height per Sec. 6- 203 of the Oro Valley Zoning Code Revised. The applicant is requesting a variance in order to construct a single family residence which incorporates two stories over approximately one- half of the building. While no dimensions are given on the plans submitted to staff, it is believed that heights in the one-story portions are 18 feet and heights in the two story portions of the house range up to 30 feet. The applicant notes that topography allows for a limited amount of feasible building area. Further, it is noted that the house has been sited at the rear of the lot to allow for more privacy and so as not to obstruct views from adjacent homes. While staff generally agrees with the assertion regarding siting of the structure, we do not agree that the lot is constrained for topographic reasons. Examination of the topographic map of the site indicates that about 85% of the lot is buildable. There may be other conditions or circumstances of which the staff is not aware at this time. When considering the request for a variance, the Board needs to consider all of the following findings: 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 locate; 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. Attachments: 1. Site Plan 2. Adjacent property owner's letter 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, August 22, 1989 PLACE • Oro Valley Town Hall, 10900 N. Stallard Place, Suite 100, Foothills Business Park SUBJECT • OV10-89-3 REQUEST FOR A TWO-STORY RESIDENCE LOT 21, LINDA VISTA CITRUS TRACTS, NO. 2 Mr. and Mrs. Kenneth Snow request a variance to Section 6-203D of the Oro Valley Zoning Code Revised which limits residential construction in the R1-144 District to single story and a maximum building height of 18 feet. The Snows propose a two-story residence in excess of 18 feet in height for the above- mentioned property. LOCATION • 9505 N. Calle el Milagro, south of Linda Vista Boulevard on the west side of Calle el Milagro. A portion of Lots 21 and 24, 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 residence can be viewed in the office of the Clerk. ) Steve Hagedorn Zoning Administrate Town of Oro Valley PUB: THE DAILY TERRITORIAL AUGUST 1, 1989 Case No. OV10-89-3 Case No. OV10-89-4 Case No. OV10-89-5 STATE OF ARIZONA ) TOWN OF ORO VALLEY ) Alff2L11_ I hereby certify that on 7/28/89 I caused to be delivered, a legal notice regarding the above-mentioned caseSto be published in the Daily Territorial on 8/O1/89. A copy of public hearing notice is on file in the Oro Valley Town Hall. I hereby certify that on 7/28/89 I mailed individual letters to all agencies and individuals required, together with notice of public hearing and specific map involved, if \\(11 /1,1{- any. I hereby certify that on 8/4 /89 I caused to be posted the subject property in the above- mentioned cases. ((.1 Dep t Clerk Subscribed and sworn to before me this 74 day of £& , 1989 . otary P is My commission expires: off' �.2- STATE OF ARIZONA) COUNTY OF PIMA ) :ss. Julie MifflinAFFIDAVIT OF PUBLICATION being first duly sworn, deposes and says that (he)(she) 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 Hearing OV 10-89-3 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 HEAR- ING BEFORE THE ORO VAL- LEY BOARD OF ADJUSTMENT was printed and published correctly in the regular and entire issue of said THE IS HEREBY GIVEN: TIME: at or after 6:30 p.m., Tuesday, August 22, 1989 PLACE:Oro Valley Town Hall, DAILY TERRITORIAL for 1 issues;that the first was made 10900 N. Stallard Place, Suite 100, Foothills Business Park SUBJECT: OV10-89-3 RE- QUEST FOER OT 2A O-LIOORY RY on the 1' t day of August 1989 RVISTA CITRUS TRACTS, NO. 2 Mr. and Mrs. Kenneth Snow request a variance to Section and the last publication thereof was made on the 1 s t day of 6-203D of the Oro Valley Zoning Code Revised which limits resi- dential construction In the R1-144 District to single story and a max- 1 9 ;that said publication Imum building height of 18 feet. August 89 The Snows propose a two-story residence In excess of 18 feet in height for the above-mentioned was made on each of the following dates,to-wit: property. LOCATION: 9505 N. Calle el 08/01/89 Milagro, south of Linda Vista Boulevard on the west side of Calle el Milagro.A portion of Lotsf 21 and 24, Linda Vista Citrus! Tracts, No. 2 Members of the public are In- vited to attend this meeting and will be given an opportunity to speak. (Plans of the proposed residence can be viewed In the office of the Clerk.). Request of Pub: The Daily Territorial August 1, 1989 Reg: Steve Hagedorn Town of Oro Valley Zoning Administrator Town of Oro Valley Daily Territorial Lr..�l Comb,.with Daily Reporter By Subscribed and sworn to before me this 1st day of August 19 89 • /Ala L__ 1- )(6(e--e Notary Public in and for the County of Pima,State of Arizona My Commission Expires: 1 i sh,), MINUTES OF THE ORO VALLEY BOARD OF ADJUSTMENT STUDY SESSION AUGUST 22, 1989 CALL TO ORDER: 6: 30 p.m. PRESENT: Darrell Gilman, Chairman Freddy Hershberger, Member Terry Lon Myers, Vice-Chairman Richard Starkey, Member PUBLIC HEARING OV10-89-3 - SNOW REQUEST FOR A TWO-STORY RESIDENCE LOT 21, LINDA VISTA CITRUS TRACTS, NO. 2 (CONTINUED FROM 7/6/89) Member Hershberger asked if staff had heard from the Lind's, the property owners to the west of the Snow residence? David Williams, Town Planner, replied that the Lind' s received the registered letter sent by staff. As of this date, the Lind's have not responded to the letter. Further discussion followed between Board members. PUBLIC HEARING OV10-89-5 - WOLFSWINKEL GROUP INC. - TO CONSOLIDATE ALL BUILDERS WITHIN RANCHO VISTOSO ON ONE DIRECTIONAL SIGN AT 1ST AVENUE AND ORACLE ROAD (SIGN OVER- SIZED, TO BE LOCATED AT THE NE 1/4 SW 1/4 OF SECTION 7, ADJACENT TO THE SOUTH RIGHT-OF-WAY LINE OF U.S. 89 AT THE INTERSECTION OF NORTH FIRST AVENUE) The Board members discussed the request made by the Wolfswinkel Group Inc. for a directional sign. Study Session recessed at 6:44 p.m. Respectfully submitt d, - *i , a Judi A. Deters, Deputy Clerk MINUTES OF THE ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION AUGUST 22, 1989 CALL TO ORDER: 6: 45 p.m. PRESENT: Darrell Gilman, Chairman Freddy Hershberger, Member Terry Lon Myers, Vice-Chairman Richard Starkey, Member APPROVAL OF MINUTES A MOTION was made by Vice-Chairman Myers and SECONDED by Member Hershberger to approve the minutes of the July 18, 1989 meeting. MOTION UNANIMOUSLY carried 4 - 0. PUBLIC HEARING OV10-89-3 - SNOW REQUEST FOR A TWO-STORY RESIDENCE LOT 21, LINDA VISTA CITRUS TRACTS, NO. 2 (CONTINUED FROM 7/6/89) Chairman Gilman opened the public hearing and acknowledged the presence of the applicant, Mrs. Snow. David Williams, Town Planner, said the Snow request is for a two- story residence located at 9505 N. Calle el Milagro. This site, the south half of Lot 21 of Linda Vista Citrus Tracts, totals 4 acres in size and is zoned R1-144 . Mr. Williams said the R1-144 zoning permits single family residential structures not to exceed 18 feet and only one story in height per Section 6-203 of the Oro Valley Zoning Code Revised. Mr. Williams said the Snow' s are requesting a variance in order to construct a single family residence which incorporates two stories over one half of the proposed building. While no dimensions were stated on the plans submitted to staff, it is believed that heights in the one-story portions are 18 feet and heights in the two-story portions of the house range up to 30 feet. Mr. Williams said it is noted that topography allows for a limited amount of feasible building area. Further, it is noted that the house has been sited at the rear of the lot to allow for more privacy and so as not to obstruct views from adjacent homes. Mr. Williams said staff generally agrees with the assertion regarding siting of the structure, although they do not agree that the lot is constrained for topographic reasons. Mr. Williams said it is staff' s opinion that about 85% of the lot is buildable, however there may be other conditions or circumstances NemDer mersnDerger asicea it tnere naa peen any oDj ections to the proposed two-story? 8/22/89 Board of Adjustment Regular Session 2 of which staff is not aware at this time. Mr. Williams said when considering the request for a variance, the Board must consider all of the following five findings: 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 districts. 2) That special circumstances were not created by the owner or applicant. 3) That the authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights. 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. Preston Godfrey, architect on the project, displayed a model of the proposed two-story and discussed topography of the lot, proposed tennis and basketball courts, dimensions of the home and architecture. Mr. Godfrey noted that there are two-story homes in the neighborhood at this time. The preliminary cost of the Snow residence ($500, 000 - $650,000) is much greater than most of the existing homes and they feel this will improve the property values of surrounding homes. The house will be masonry/stucco. Vice-Chairman Myers had Mr. Godfrey point out the rear property line that is common to the nearest neighbor, the Lind's, which staff tried to contact. Chairman Gilman asked if the observation deck is open at the top and what would be directly below the deck? Mr. Godfrey replied yes, the top of the deck is open, and the conservatory is below the deck which will act as a living room/music room. Chairman Gilman asked how high the conservatory ceiling would be? Mr. Godfrey replied 12 feet, then gave height elevations throughout the house. Vice-Chairman Myers asked for the color of the house? Greg Martin, Project Administrator, replied that they are considering desert earth tones such as gray and buff. Member Hershberger asked if there had been any objections to the proposed two-story? 8/22/89 Board of Adjustment Regular Session 3 Mr. Williams replied no. Chairman Gilman closed the public hearing. A MOTION was made by Member Hershberger to grant the variance request allowing for a two-story residence. MOTION SECONDED by Member Starkey. Member Hershberger - yes Vice-Chairman Myers - yes Member Starkey - yes Chairman Gilman - no MOTION CARRIED 3 - 1. PUBLIC HEARING OV10-89-5 - WOLFSWINREL GROUP INC. - TO CONSOLIDATE BUILDERS WITHIN RANCHO VISTOSO ON ONE DIRECTIONAL SIGN AT 1ST AVENUE AND ORACLE ROAD (SIGN OVER- SIZED, TO BE LOCATED AT THE NE 1/4 SW 1/4 OF SECTION 7, ADJACENT TO THE SOUTH RIGHT-OF-WAY LINE OF U.S. 89 AT THE INTERSECTION OF NORTH FIRST AVENUE) Chairman Gilman opened the public hearing and acknowledged the presence of the applicant. Mr. Williams said the Wolfswinkel Group Inc. , developers of the Rancho Vistoso Planned Community, are requesting a variance to the Oro Valley Sign Standards in order to permit the erection of a directional sign to be located at the intersection of U.S. 89 (Oracle Road) and North First Avenue. The sign would be located along the east side of the right-of-way on private property. The owner of the property is the Rooney Ranch Trust. Mr. Williams said the proposed sign would be 16 feet tall and 8 feet wide for a total square footage of 128 square feet. The proposed sign would allow the consolidation of all builders within Rancho Vistoso onto one directional sign. Mr. Williams noted that the property on which the sign is proposed to be constructed is currently vacant and is used as range land as are the parcels immediately to the west across Oracle Road. Mr. Williams said the Code states that signs along U.S. 89 shall be no more than 32 square feet and a maximum height of 8 feet. Under the Oro Valley Sign Code, directional signs must be spaced 100 feet apart from similar signs on the same parcel of land. Therefore, in order for the Wolfswinkel Group to display the same information as that proposed on the one sign, four signs could be constructed, one for each builder within Rancho Vistoso and space them over an area of approximately 300 to 400 feet on the same parcel of land. Mr. Williams said Planning Staff feels the proposed sign has merit and should be carefully considered. The sign, as proposed, and Mr. Schroeder said the final drawing will depict arrows, constituting a directional sign. 8/22/89 Board of Adjustment Regular Session 4 depicted on the illustration included in the Board's packets, would meet all other Oro Valley requirements, other than square footage and maximum height. Mr. Williams displayed a drawing of the proposed sign. Mr. Williams indicated when reviewing the variance request, the Board must consider the five findings as outlined in Section 1-508 of the Zoning Code. (Five findings previously stated on Page 2 . ) Mr. Williams said no written protests have been received as of this date. Member Hershberger asked what staff's recommendation on the request is? Mr. Williams said staff likes the idea of a consolidated sign, they would prefer to see only one sign rather than four. Member Hershberger asked if staff thinks the five findings apply? Mr. Williams said per the Board's perspective, it may. Bruce Schroeder, WLB Group representing the Wolfswinkel Group, said due to topography the actual location of the sign will be 2-3 feet below the roadway elevation. Mr. Schroeder said when driving down the road in a car, eye level is at about 4 1/2 feet. When looking at a normal size sign you would look right over the top of it. This is the reason for requesting a larger sign. The proposed location is also a major access to their property. Mr. Schroder noted that the Rancho Vistoso PAD allows for this size of a sign. Vice-Chairman Myers asked if there is an agreement with the builders in Rancho Vistoso that they will abide by the consolidation of one sign and not place their own signs there in the future? Mr. Williams said there is no guarantee of not having future signs. Dick Maes, Vice-President of the Wolfswinkel Group, said during the meetings with the builders they all came to an agreement that the proposed site would be the ideal location to have a combined sign. As far as the future is concerned, Mr. Maes said he does not think additional signs can be allowed in that area. Member Starkey noted that he did not see any directional arrows on the drawing displayed. Mr. Schroeder said the final drawing will depict arrows, constituting a directional sign. 8/22/89 Board of Adjustment Regular Session 5 Chairman Gilman asked if the builders will be under the management of the Wolfswinkel Group? Mr. Maes said a master marketing plan is being created for all of Rancho Vistoso, and the builders will have to adhere to the plan. Vice-Chairman Myers asked if the merits of the variance were to deteriorate, what review process would be used to eliminate the over-sized sign or not approve future signs? Mr. Williams replied that sign permits are issued, which must be renewed annually. At the time of renewal, the sign would be reviewed by staff. Mr. Williams said other sign permits may be applied for but not necessarily granted. The Zoning Administrator reviews all sign permits, which include review of colors and text. Mr. Williams said the variance will remain valid and the permit will be renewed annually. Chairman Gilman asked if the sign could be cut down to 8 x 10 rather than 8 x 16 and still have all the builders placed on the sign? Mr. Maes replied that if the size of the sign is cut down, it would become ineffective and so small that a person in a car would not see the sign. Member Starkey stated that the theory is as traffic goes down the hill the visual impact is such that the sign will not seem as large as it actually is. Mr. Schroeder agreed. Chairman Gilman closed the public hearing. Mr. Williams wanted to clarify for the record that the Zoning Administrator is not recommending approval of the variance, however he does enjoy the idea of a consolidated sign. A MOTION was made by Vice-Chairman Myers to approve the variance on the over-sized sign and that there are special circumstances in topographic features that require a larger sign; that the special circumstances were not created by the owner; and in fact the points of entry to the project are a function of the available roads and not something that the owner chose; also that it does not impact the property rights of adjacent owners since approval was granted from the major property owner where the sign will be placed; and that the variance does not grant special privileges inconsistent with other properties because of the special conditions; and that further, it is materially good for the neighborhood and public welfare in that it gives a sense of direction and creates less confusion on a busy thoroughfare in 8/22/89 Board of Adjustment Regular Session 6 Oro Valley. MOTION SECONDED by Member Hershberger and UNANIMOUSLY carried 4 - 0. Mr. Williams commended Vice-Chairman Myers on his motion and said he would like the other Board members to consider including findings in their motions in the future to establish a firm record in the variance procedures. ADJOURNMENT A MOTION was made by Member Starkey and SECONDED by Member Hershberger to ADJOURN the regular meeting at 7: 38 p.m. MOTION UNANIMOUSLY carried 4 - 0. Respectfully submitted, ll � c r'�,L�� L� 1. L Jud A. Deters, Deputy Clerk