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Home My WebLink AboutOV109103 • ,r APPLICATION NO. OV of OR0 - - - REQUEST FOR VARIANCE 174(71):;91'41 r- BOARD OF ADJUSTMENT r4 r ANY r,t-v • I .44 O�Q` 1. APPLICANT'S NAMEi G� 12 I G K- -{JC}-� - 2. ADDRESS • ( 3. TELEPHONE NUMBER ( 4. PROPERTY OWNER C�GtJf -, ��/{► v N 1-- S e. D62.1 ,6 ADDRESS W, ON i- jc>5.� 2� ' �J�d r�� .�Z osi q I TELEPHONE NUMBER ((,00Z.) 7`� - 7 l S. ADDRESS OR LEGAL 10-I COO N, DESCRIPTION OF SUBJECT PROPERTY eekKIAPA, LOT NO. 2 ; LOT SIZE 1Z ' t oD , ACRES _, ZONED 1?4,p, 6. WHAT PROVISION OF THE ??_Opeg.-7.---( G _ s-j i -ro VV14 2ti N6 DP ORO VALLEY •ZONING CODE i REVISED ARE YOU d To f&c)L_ S(2UG-rJ ,. REQUESTING A VARIANCE. 7. STATE BRIEFLY AND FULLY THE REASONS WHY THE VARIANCE IS DEEMED NECESSARY: E t LP-1 D- "{A -0 ( Z -33' ) W Q S' i-- v i i- E '-- i R-JG UE A► 2 , ((7 �-ge)H i 4 ) 2c Y�'JL 'J ! - t -rr i !J' (/)1 Sc.)p /•36---, A 1..-0/,-) 60 umk2o pcD.F-if:e7-- L-1 z-,_--DPE... _''ID N(_t--, i\ �= i 2 JG'J� j�� g (-Dv.) D 4Dc) C NI PA mI ON --4t5i4cEPJT 8. IS A REZONING OR A SUBDIVISION PLAT INVOLVED IN THIS REQUEST YES ( ) NO ce ) 9. HAS A PREVIOUS APPLICATION BEEN FILED OR A HEARING HELD RESPECTING THE SUBJECT PREMISES. YES ( ) NO (,) 10. PROVIDE THE FOLLOWING: C/) DIMENSIONED PLOT PLAN, a COPIES. (/) DIMENSIONED FLOOR PLAN, Lt COPIES. (/) DIMENSIONED ELEVATION PLAN, 011A. COPIES. (i) 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 (,) NAMES AND ADDRESSES OF ALL OWNERS OF PROPERTY, ANY PART OF WHICH IS WITHIN 300 FEET OF THE SUBJECT PROPERTY. OWN 2 1, GcrJcS�= 6oi-1,M0N17.S ,INV.. Orloeg: V1Z, A Lo1cli9e 60 10eo5 l0-6�.A 1 f--t. Ss"]3"1 64 ' lo1S9 o II II ii • 11 g �� (011�� ' �, �� v1�' SC,4 LI N G-) (Lo j 4Zo ) • �� 11 1��45 �� 1JG50�� ,Az-, �dG7s� '' fZ fo-135 if ii r\i\7- SIC DONIALT-.) (Lô ;) '` 1 IO7ZS u it i /0-1S1 ; JJesaH -Z , ?):3-731 IS loilo r to-1-10 „ " , . M?_. .si-IT:..-_-: IC_ 6_01--if zi o1 1,0 000 N, E-AG-rLe F ?(--, Li Z5 C��(o� �, i '-- -;l e--00 _ ,• AZ, 05? 31 24 10 -1-10 ZG I lo -lia Zg 10 8+0 , 12 — FOR OFFICE USE ONLY tceived by on 198 All requirements satisfied on 198 Fee $ paid by check no. Applicant was Riven SchedniP of P,,,, -,.,a .,.,-, ;,.-t., _ , ,. \7 ,02 i / c \ • 1 . \ , 1 e—il ' l ,l 1 I 1 ,7 1 ii -3-)veiG ---;%L 1 -31 094 'hi ! 7\ -:_cii - , // 1 , ; - I � :dp...1_,,i2f --,,,,:,- . .1 i C I 1 1 , 1 i 1 ,„„70_,,..„1„4,0„--„,,,,-, L ,. , + „,T_ -,\,.-..4 1,-_,, . I - •. . . . Nr-v-6?-,..4. e."---,.0,41CW og -41+. 1 ! I • r V- .— . . . ' . . - . • - I - 0 14 , „_______„L.t ,i, / �� - 1. � ICI� �i i ) .- 1 i j i •, i - • . 's) 1 ® r . 1 • • , __., "-TiL / \`, (//, 1. • . _____J _,. 4,1. . ____j.pp,2 r-d-,--41/•*& I-,1,r '---t- c vr „)/ . ' . .- 1 1 I . •. eil..-. --..., • - • 1 • • i • • I i — • — ,,......� J ' r ��o1, �,'' • Nil mN M 4�so() p -- ___ . __ �.._i J-14%4•117J62-J1`11 .d . ):-:4A -1, 2/r1 gc)0-1 c'J''!- \ :; \..____, , I Na 1 ii,,,, ,...,,d,, 140-ki --?-air. 4. 01 ,0-2 6 7 V pQ�1-ti 1- 5i;i-Irl:- -CrJ 'dN I ' i 2s2 2 (Y.<7C_ .--- ' ' --C_2 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, June 25, 1991 PLACE • Oro Valley Town Hall Council Chambers, 11000 N. La Canada Drive, Oro Valley, Arizona SUBJECT • KOCH REQUEST FOR VARIANCE, LOT 23 , CANADA HILLS VILLAGE 16, 10760 N. EAGLE EYE PLACE, SWIMMING POOL REAR YARD SETBACK FROM 5 ' TO 2 . 67 ' AND SIDE YARD SETBACK FROM 5 ' TO 4 ' The applicant is requesting a variance to the Oro Valley Zoning Code Revised R1-36 Residential District for a reduction in swimming pool rear yard setback from 5 ' to 2 . 67 ' and a side yard setback from 5 ' to 4 ' on the subject property. LOCATION 10760 N. EAGLE EYE PLACE Members of the public are invited to attend this meeting and will be given an opportunity to speak. (Plans can be viewed in the office of the Deputy Clerk. ) Steve Hagedor Zoning Administrator Town of Oro Valley PUBLISHED: The Daily Territorial 6/06/91 Case No. OV10-91-3 STATE OF ARIZONA ) TOWN OF ORO VALLEY ) I hereby certify that on 6/05/91 I caused to be delivered, a legal notice regarding the above-mentioned case to be published in the Daily Territorial on 6/06/91. A copy of public hearing notice is on file in the Oro Valley Town Hall . I herebycertifythat on 6/05/91 I mailed individual letters to all agencies and individuals required, together with notice of public hearing and specific map involved, if any. >> I hereby certify that on �! •Q/I caused to be posted the subject property in the above- mentioned case. VMOWeE Tow lerk Subscribed and sworn to before me this (, day of trAl 1991. Notary Public My commission expires: W-lei•tJ� OFFICIAL SEAL RACHAEL BARTELS %„ NOTARY PUBLIC �� PIMA COUNTY My Commission Expires April 19, 1995 AFFIDAVIT OF PUBLICATION STATE OF ARIZONA) :ss. COUNTY OF PIMA 1 Loretta Padilla being first duly sworn, deposes and says that (he) (she) is the Legal Advertising Manager NOTICE OF PUBLIC HEARING of THE DAILY TERRITORIAL, a daily newspaper printed and published in the BEFORE THE ORO VALLEY BOARD OF ADJUSTMENT County of Pima, State of Arizona, and of general circulation in the City of Tucson, In accordance with Section 1-505 of the Oro Valley Zoning Code Revised, NOTICE OF PUBLIC HEAR- Countyof Pima, State of Arizona and elsewhere, and the hereto attached ING BEFORE THE ORO VAL- LEY BOARD OF ADJUSTMENT IS HEREBY GIVEN: TIME: al or after 6:30 p.m., Tuesday, June 25, 1991 PLACE: Oro Valley Town Hall t�4 n I n` Code Council Chambers, 11000 N. La Canada Drive, Oro Valley, Arizona SUBJECT: KOCH REQUEST FOR VARIANCE, LOT 23, CA- NADA HILLS VILLAGE 16, 10760 N. EAGLE EYE PLACE, SWIMMING POOL REAR YARD SETBACK FROM 5' TO 2.67' AND SIDE YARD SETBACK was printed and published correctly in`the regular and entire issue of said THE FROM 5' TO 4' The applicant Is requesting a variance to the Oro Valley Zoning Code Revised R1-36 Residential DAILY TERRITORIAL for 1 issues; that the first was made District fora reduction In swim- ming pool rear yard setback from 5' to 2.67' and a side yard set- back from 5'to 4'on the subject On the day of June 19 property. LOCATION: 10760 N. EAGLE EYE PLACE Members of the public are in- and the last publication thereof was made on the day of vited to attend this meeting and will be given an opportunity to speak. (Plans can be viewed In the office of the Deputy Clerk.) June 19 ;that said publication Steve Hagedorn Steve Hagedorn Zoning Administrator Town of Oro Valley Pub: The Daily Territorial was made on each of the followingdates,to-wit: June 6, 1991 Reg: Town of Oro Valley koch 6/6 ms Request of Towrt of uro Valley Daily Territorial _ By �e , J4 i jr7Ct(---e I June Subscribed and sworn to before me this day of ;,. _ 19 • cal '`''.^�..f.,,s^--.__, Notary Public in and for the County of Pima,State of Arizona My Commission Expires: AGENDA ORO VALLEY BOARD OF ADJUSTMENT REGULAR MEETING JUNE 25, 1991 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: At or after 6: 30 p.m. ROLL CALL 1. APPROVAL OF MINUTES - MAY 21, 1991 2 . PUBLIC HEARING OV10-91-3 - KOCH REQUEST FOR VARIANCE, LOT 23 , CANADA HILLS VILLAGE 16, 10760 N. EAGLE EYE PLACE, SWIMMING POOL REAR YARD SETBACK FROM 5 ' TO 2 . 67 ' AND SIDE YARD SETBACK FROM 5 ' TO 4 ' ADJOURNMENT N PLANNING STAFF REPORT TO THE BOARD OF ADJUSTMENT Date: June 25, 1991 From: David Williams, Senior Planner Re : OV10-91-3 Koch Request for Swimming Pool Setback Variance BACKGROUND: Frederick Koch and Genesee Communities, Inc. are requesting a variance to the required setbacks for swimming pools required by the Oro Valley Zoning Code. The variance request is for Lot 23 of Village 16 in the Canada Hills Planned Area Development. Lot 23 is currently undeveloped with an existing home to the south, a vacant lot to the north and a drainageway and golf course abutting the rear of the lot. Lot 23 is approximately 7,300 square feet in size. The Zoning Code requires swimming pools to be a minimum of five feet from a rear property line and to comply with side yard setbacks of the appropriate zoning district. In this case, the R-4 District requires a minimum of ten feet between buildings and has no other side yard setback requirements. In this case the swimming pool has no minimum side yard setback, per the Zoning Code. Generally, staff recommends a five foot side yard setback for pools. The applicant is requesting that the pool be permitted approximately two and one-half feet from the rear property line, a 50% reduction. Staff does not feel a variance for reduction in a side yard setback of the pool is required as stated in the application, so long as the pool meets structural specifications as required by the Town's building department. RECO4MENDATION AND FINDING: Staff does not foresee that the granting of the variance would be detrimental to any of the adjacent property owners. In order to approve the requested variance, staff recommends that the Board of Adjustment consider 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 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. DAW:lmf 6:19:91 daw:kochboa.rpt AGENDA ORO VALLEY BOARD OF ADJUSTMENT SPECIAL MEETING JULY 9, 1991 STUDY SESSION: All items listed on the agenda may be discussed during the study session. CALL TO ORDER: 9: 00 a.m. REGULAR SESSION: CALL TO ORDER: At or after 9 : 00 a.m. ROLL CALL 1. APPROVAL OF MINUTES - MAY 21, 1991 2 . PUBLIC HEARING OV10-91-3 - KOCH REQUEST FOR VARIANCE, LOT 23 , CANADA HILLS VILLAGE 16, 10760 N. EAGLE EYE PLACE, SWIMMING POOL REAR YARD SETBACK FROM 5 ' TO 2 . 67 ' AND SIDE YARD SETBACK FROM 5 ' TO 4 ' ADJOURNMENT AGENDA ORO VALLEY BOARD OF ADJUSTMENT SPECIAL MEETING JULY 11, 1991 STUDY SESSION: All items listed on the agenda may be discussed during the study session. CALL TO ORDER: 4 : 00 p.m. REGULAR SESSION: CALL TO ORDER: At or after 4 : 00 p.m. ROLL CALL 1. APPROVAL OF MINUTES - MAY 21, 1991 2 . PUBLIC HEARING OV10-91-3 - KOCH REQUEST FOR VARIANCE, LOT 23 , CANADA HILLS VILLAGE 16, 10760 N. EAGLE EYE PLACE, SWIMMING POOL REAR YARD SETBACK FROM 5 ' TO 2 . 67 ' AND SIDE YARD SETBACK FROM 5 ' TO 4 ' ADJOURNMENT MEMORANDUM TO : FILE FROM: David Williams, Senior Planner DATE: August 5, 1991 RE : OV10-91-3 Koch Request for Setback Variance I met with Tobin today to discuss statutory requirements for appeal of BOA decisions. He provided me with information and a copy of the appropriate ARS 9-462.06. Upon request of the Mayor, I provided her with information regarding what court a BOA appeal would be filed with (Pima County Superior Court) , petition for writ of certiorari, who would be named in the suit (Town of Oro Valley and the Board of Adjustment, a political subdivision thereof, and the Town Attorney) , and that such a request had to be filed with the Clerk of the Pima County Superior Court within 30 days from the date of the decision which was July 11, 1991. I met with the Mayor, discussed these items with her and advised her that the Board of Adjustment had, in my opinion, rendered a highly defensible decision in this case and offered to provide her with any background information with which she may be concerned. boaapp.mem lf:08:05:91 . ��x�� ~~" ~ ��~- �� . NU� / »�^" � � TO�Ncd OROVyIu�u ---- -'--- --/ /�� -_'— c/ / . �Jt z.�/�,'� - -----�'— ' --~-- �' --� -�� -r -'---'--- ' ^ v ! ---------- i-~�-", ' - ' �� --- -- -- ! - -'----- --r' -- � ' --- r----' '--- -- ` --- / - - - '-- - -L ---'-' --'-'- ------ ---- '---' ----/��--��-�-'- «- -�-/ �