HomeMy WebLinkAboutOV109102 APPLICATION NO. OV IO-q L - O
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REQUEST FOR VARIANCE 4 I. �r
BOARD OF ADJUSTMENT OvaV#
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1. APPLICANT'S NAME c r c "-
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2. ADDRESS
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3. TELEPHONE NUMBER ?
4. PROPERTY OWNER ( c-( 4- 6çrc\ç>
ADDRESS
TELEPHONE NUMBER
5. ADDRESS OR LEGAL (Q O CD,Wc&L-o\ey\c,,_( ) (
DESCRIPTION OF
SUBJECT PROPERTY `g) c rd CD0.\Vz_ FSkal N
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LOT NO. ' ; LOT SIZE 1;O/ ; ACRES ; ZONED
6. WHAT PROVISION OF THE let,,( su. �1� - 4110m Lk) uc'
ORO VALLEY ZONING CODE
REVISED ARE YOU c)cjrn W1/421101 C)-S k.uss�
REQUESTING A VARIANCE.
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7. STATE BRIEFLY AND FULLY THE REASONS WHY THE VARIANCE IS DEEMED NECESSARY:
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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 ( ) NO �{
10. PROVIDE THE FOLLOWING: tflec.pss
( ) DIMENSIONED PLOT PLAN, COPIES. \c? \CIZ .
( ) DIMENSIONED � �m�QcL
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.
Ss scOtc0.Z_N\SL-&
— 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
MINUTES OF THE
ORO VALLEY BOARD OF ADJUSTMENT
STUDY SESSION
APRIL 23, 1991
CALL TO ORDER: 6: 30 p.m.
PRESENT: Darrell Gilman, Chairman
Terry Lon Myers, Vice-Chairman
Freddy Hershberger, Member
Hayward Thresher, Member
EXCUSED: Richard Starkey, Member
PUBLIC HEARING OV10-91-1 - SOUTHWEST DIVERSIFIED, INC. ,
REPRESENTING LA RESERVE COMMUNITY ASSOCIATION, REQUEST FOR
OVER-SIZED SIGN TO BE LOCATED ON THE SOUTHEAST CORNER OF
U.S. 89 (ORACLE ROAD) AND LA RESERVE DRIVE, PARCEL "W"
The Board reviewed the request for a variance to the Oro Valley
Sign Standards. Approval of request would permit the erection of
a temporary sign along U.S. 89. Proposed sign would be 8 'W x 16 'H,
128 square feet.
David Williams, Senior Planner, assured the Board that all property
owners were notified of the public hearing and that no letters of
protest or support were received.
Study Session recessed at 6: 44 p.m.
Respectfully submitted,
Judith A. Deters, Deputy Clerk
MINUTES OF THE
ORO VALLEY BOARD OF ADJUSTMENT
REGULAR SESSION
APRIL 23, 1991
CALL TO ORDER: 6:45 p.m.
PRESENT: Darrell Gilman, Chairman
Terry Lon Myers, Vice-Chairman
Freddy Hershberger, Member
Hayward Thresher, Member
EXCUSED: Richard Starkey, Member
APPROVAL OF MINUTES - NOVEMBER 8, 1990
A MOTION was made by Member Hershberger and SECONDED by Member
Thresher to APPROVE the minutes of the November 8, 1990 meeting.
MOTION UNANIMOUSLY carried 4 - 0.
PUBLIC HEARING OV10-91-1 - SOUTHWEST DIVERSIFIED, INC. ,
REPRESENTING LA RESERVE COMMUNITY ASSOCIATION, REQUEST FOR
OVER-SIZED SIGN TO BE LOCATED ON THE SOUTHEAST CORNER OF
U.S. 89 (ORACLE ROAD) AND LA RESERVE DRIVE, PARCEL "W"
Chairman Gilman opened the public hearing.
Don Larsen, Vice President of Sales & Marketing of Southwest
Diversified and one of the builders in La Reserve, said the request
is to erect an over-sized sign along U.S. 89, approximately 200
feet to the south of the main entrance to La Reserve. Proposed
sign would provide adequate vision and notice as to the various
properties available in La Reserve. ML . Larsen said the only
vehicles available for directing people to La Reserve are newspaper
advertising and directional signs. Mr. Larsen said they feel the
type of sign they are proposing would be visible to passing traffic
and would provide a sign that would be much more attractive than
having individual signs by each of the six builders in La Reserve.
Vice-Chairman Myers asked David Williams, Senior Planner, to cite
the criteria for granting a variance.
Mr. Williams said when reviewing a request for variance, the Board
needs to consider the following 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
4/23/91 Minutes, Regular Session 2
surroundings which do not apply to other properties in
the district; and
2 . That special circumstances were not created by the owner
or applicant; and
3 . That the authorizing of the variance is necessary for the
preservation and enjoyment of substantial property
rights; and
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 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.
Mr. Williams said staff is in the process of modifying the sign
code to better handle this type of request. Mr. Williams said he
is in agreement with the Legal Department that until the code is
amended this type of variance can be approved by the Board, however
they recommend that the Board set a specified time limit for the
sign.
Mr. Larsen said they feel the variance in height is necessary in
order for people to view the sign, particularly with more than one
builder on the sign. The topography of the land drops off to the
right when going north on Oracle Road. If the sign were erected in
the acceptable sizes only a portion would be seen. Also, the
proposed consolidated sign would have 128 square feet whereas 6
smaller directional signs, one for each builder, would have 50%
more square footage at 192 . The proposed sign would be much more
attractive in keeping with the environment than having individual
signs.
Vice-Chairman Myers asked if they would consider a limitation
against future individual signs a condition of the variance?
Mr. Larsen said yes.
Vice-Chairman Myers asked Mr. Larsen if he feels this organized
sign plan will promote better traffic flow and public safety?
Mr. Larsen said absolutely.
Patrick O'Hagen, Stratford Management Company that manages La
Reserve Community Association, said the proposed sign would be
4/23/91 Minutes, Regular Session 3
beneficial to the La Reserve Community Association and the Town of
Oro Valley.
Vice-Chairman Myers asked if they would have to change their
advertising to direct people to the correct location?
Mr. Larsen said yes. They currently have an ad which directs
people through El Conquistador Drive and they will change the ad to
direct people to La Reserve Drive.
Vice-Chairman Myers asked if that could be a condition of the
variance?
Mr. Larsen said yes and they will remove the sign in place at this
time.
Chairman Gilman closed the public hearing.
A MOTION was made by Member Hershberger to grant the variance
request OV10-91-1 Southwest Diversified, Inc. , representing La
Reserve Community Association, request for over-sized sign to be
located on the southeast corner of U.S. 89 and La Reserve Drive,
Parcel "W" with the stipulations that the southern sign be removed
and that this is to be recognized as a temporary sign, therefore,
at the end of three years the sign shall be terminated.
Vice-Chairman Myers AMENDED the MOTION, stating that topography is
a problem, therefore, a basis for the motion and that the following
conditions be included: limited access against future individual
signs, that the sign be reviewed in one year, that the focus of the
advertising be to direct traffic to La Reserve Drive to make the
sign effective at the north gate and that the applicant utilize the
land from the remote location from the narrow access. Vice-
Chairman Myers then SECONDED the MOTION. MOTION UNANIMOUSLY
carried 4 - 0.
ADJOURNMENT
There being no further business, a MOTION was made by Member
Thresher and SECONDED by Member Hershberger to ADJOURN the meeting
at 7 : 05 p.m. MOTION UNANIMOUSLY carried 4 - 0.
Respectfully submitted,
Judith A. Deters, Deputy Clerk
ORO VALLEY COUNTRY CUJE
HOMEOWNER'S ASSOCIATION
10200 N. ORACLE ROAD
ORO VALLEY, AZ 85737
May 10, 1991
Mr. and Mrs. Jerry Willis
843 W. Placita Mesa Fria
Tucson, Az 85704
RE Request for Variance to CC&Rs, Oro Valley Country Club Estates
Lot 8, Oro Valley Estates
Dear Mr. and Mrs. Willis:
This letter shall serve as your official notification that the Oro Valley
Country Club Estates Architectural Review Board, having considerer3 your request
for variance to the CC&Rs, has approved a variance on the rear yard setback
for the above-referenced lot. You have the approval of the Board to maintain
only a twenty-five (25) foot rear yard rather than thirty (30) feet as
required by the adopted CC&Rs for Oro Valley Country Club Estates.
Thank you for your cooperation in this matter and welcome to Oro Valley! !
Sincerely,
L. Lee Elliott
Board Member
Oro Valley Country Club Estates
Homeowner's Association
T,TE:lmf
PLANNING STAFF REPORT TO THE BOARD OF ADJUSTMENT
DATE: May 21, 1991
FROM: David Williams, Senior Planner
RE : OV10-91-2 Willis Request for Rear Yard Setback Variance
Summary:
The owners of Lot 8, Oro Valley Estates, Jerry and Glenda Willis, are
requesting a variance to the rear yard setback of the R1-36 District. Lot 8
is located at 9640 N. Calle Loma Linda, along the extreme western edge of Oro
Valley Estates. The lots to the east, north and west of Lot 8 have single
family residences on them. Lot 9, to the south, is currently a vacant
property.
Lot 8 is located within the Hillside District and contains slopes ranging from
10% to 50%. Lot 8 contains the toe of a steep ridge which extends from the
northeast onto the subject property.
The required setbacks of the R1-36 Zoning District, per the Oro Valley Zoning
Code, are 30 feet for front yard, 15 feet for side yard and 40 feet for rear
yard. This application requests a reduction of the rear yard setback from 40
feet to 25 feet. The stated reasons in the application requesting a variance
are to preserve natural vegetation, substantially reduce cut and fill, preserve
the hillside and build on the logical building site of the lot.
At the time of preparation of this report, no written or verbal protests have
been received regarding this case. All property owners within 600 feet of Lot
8 have been notified of the variance request.
Recommendations:
Of the two or three possible building sites on Lot 8, staff feels the proposed
location for the home provides the best alternative. One of the basic
concepts of the Hillside District Regulations is to provide for structures
which are "built to the land" and require a minimal amount of cut and fill for
development. The proposed home includes three separate segments, or floor
elevations, which step down the hillside, thereby reducing the amount of
required cut and fill. Further, the home site in the southeast corner of the
lot is a relatively flat area of the lot. The reduced rear yard setback, as
proposed, does allow the home to take greater advantage of the flatter area
of the lot. It is for this reason that staff reconuuends approval of the
variance to rear yard setback.
When reviewing the request for variance, the Board needs to 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.
In this case, staff feels the above-listed findings may be made, specifically:
A. That special topographic circumstances exist on Lot 8 which do not
exist on other lots in Oro Valley Estates,
B. That these topographic conditions were not created by the owner,
C. That the authorizing of the variance will allow development of Lot
8 in a manner more conducive to orderly development in the
neighborhood, i.e. the reduction of grading and removal of
vegetation,
D. That, due to the steep hillside existing on Lot 8, the owners do not
enjoy the privilege of siting a residence within the required
setbacks without significantly increasing development impacts to
existing hillsides and vegetation, and
E. A 15 foot reduction in rear yard setback is not materially
detrimental to persons residing in the vicinity or adjacent
properties and has no negative impact on public welfare.
If the Board decides to approve the variance, in addition to the above
findings, staff recommends the following conditions be attached:
1. All exposed cut or fill slopes be treated in accordance with
the recommendations of the soils report,
2. Drainage exiting the property shall not be altered, and
3. The driveway shall not alter the existing drainage pattern in
the Calle Loma Linda right-of-way.
Attachments:
1. Site plan for Lot 8
daw:lmf 5:16:91
10-91-2.rpt
pOARD 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 $ 100.00
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
Parking variance 200. 00 100. 00
Appeal of decision on home occupation N/A 100. 00
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 fees are as follows:
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 33 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.
B. The concurring vote of a majority of the Board shall be
necessary to reverse any order or decision of an
administrative official, or to pass or to affect any
variations from the terms and conditions of this
ordinance.
Sec. 1-506 Application for Variance
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, at which time all persons shall be given an opportunity to
be heard. Such Board of Adjustment shall cause one notice of such
hearing to be published in a newspaper of general circulation in
the Town of Oro Valley and one notice to be posted on the subject
property, giving at least 15 days notice of said hearing, and the
time and place where said hearing will be held. Said notice, both
as published and posted, shall also show the nature of the variance
or exception requested and state than 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:
A. That there are special circumstances or conditions
applying to the property referred to in the application
including its size, shape, topography, location or
surroundings which do not apply to other properties in
the district; and
B. That special circumstances were not created by the owner
or applicant; and
C. That the authorizing of the variance is necessary for the
preservation and enjoyment of substantial property
rights; and
D. That any variance granted imposes such conditions as will
assure that the authorizing of the adjustment shall not
constitute a grant of special privileges inconsistent
with the limitations upon other properties in the
vicinity and zone in which such property is located; and
E. That the authorizing of the variance will not be
materially detrimental to persons residing in the
vicinity, to adjacent property, to the neighborhood or
the public welfare in general.
Sec. 1-509 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 conditions
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 an
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.
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,
May 21, 1991
PLACE • Oro Valley Town Hall Council Chambers,
11000 N. La Canada Drive, Oro Valley,
Arizona
SUBJECT • WILLIS REQUEST FOR VARIANCE, LOT 8 , ORO
VALLEY ESTATES, 9640 N. CALLE LOMA LINDA,
REAR SETBACK FROM 40 ' TO 25'
The applicant is requesting a variance to the Oro Valley Zoning
Code Revised R1-36 Residential District for a reduction in rear
setback from 40 ' to 25' on the subject property. Applicant
considers proposed setback necessary to substantially reduce the
cut and fill of the property and to preserve the existing hill and
natural vegetation of the property.
LOCATION : 9640 N. Calle Loma Linda
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. )
D31---)0 ./1)Z,Z--0444K-)47
Steve Hagedorn
Zoning Administrator
Town of Oro Valley
PUBLISHED: The Daily Territorial
5/06/91
Case No. OV10-91-2
STATE OF ARIZONA )
TOWN OF ORO VALLEY )
) • I hereby certify that on 5/01/91 I caused
to be delivered, a legal notice regarding the
above-mentioned case to be published in the
Daily Territorial on 5/06/91. A copy of
public hearing notice is on file in the Oro
Valley Town Hall.
___4L___ I hereby certify that on 5/01/91 I mailed
individual letters to all agencies and
individuals required, together with notice of
public hearing and specific map involved, if
any.
.0q)1/1 -- I hereby certify that on S 'CPI/ I caused to
be posted the subject property in the above-
mentioned case.
00404 * 0 - (-5:'
To "'Clerk
Subscribed and sworn to before me this -, day of /14.04
1991.
Ar
ad, „ , (..,,,,..
i, A/
Notary ublic
My commission expires:
OFFICIAL SEAL.
• ., KATHRYN E.CLIVEUER
�� '� Notary Public --Artzo a
`.... _.: my ;ornMISSI an cXplteS 7-27-91
AFFIDAVIT OF PUBLICATION
STATE OF ARIZONA)
:ss.
COUNTY OF PIMA ) Heather Frieze 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
PUBLIC HEARING W( } I i s Request For Variance
BEFORE THE ORO VALLEY
BOARD OF ADJUSTMENT
In accordance with Section
1-505 of the Oro Va 9y g
Code Revised.
NOTICE OF PUBLIC HEAR-
ING 6E►=ORE THE ORO VAL-
LEY BOARD OF ADJUSTMENT
IS HEREBY GIVEN: wasprinted andpublished correctlyin the regular and entire issue of said THE
TIME: at or after 6:30 p.m., 9
Tuesday, May 21, 1991
PLACE: Oro Valley Town Hall
Coundl Chambers, 11000 N. La
Canada Drive, Oro Valley, DAILY TERRITORIAL for issues; that the first was made
Arizona
SUBJECT: WILLIS REQUEST
FOR VARIANCE. LOT 8. ORO N.VALLEY ESTATES. 96R on the day of Nay 19
CALLE LOMA LINDA, EAR
SETBACK FROM4' TO t25'
The applicant
s g a
variance to the Oro Valley Zoning and the last publication thereof was made on the day of
Code Revised R1-36 Residential
District for a reduction in roar
setback from 40' to 25' on the 19
subject property. Applicant con- ;that said publication
skiers proposed setback neces-
sary to substantially reduce the
cut and fill of the property and to
preserve the existing hill and na- was made on each of the following dates,to-wit:
tural vegetation of the property.
LOCATION: 9640 N. Calle
Loma Linda
Members of the public are in-
vited to attend this meeting and
will be given an opportunity
o
speak. (Plans can be viewed irkn
the office of the Deputy )
Signature for Steve Hagedorn
Zoning Administrator Town of
Oro Valley
Pub: The Daily Territorial Request of
May 6. 1991
Reg: Town of Oro Valley d L rsf„f Ayi f t
Board Of Adjustment
lomalind 5/6 Ik
DailyTerritorial
. A By \, „\ \O:
.
Subscribed and sworn to before me this t)-I day of
19
Notary Public in and for the County of Pima, State of Arizona
lb
My Commission Expires:
THE TOWN OF ORO VALLEY, ARIZONA L` a•,�,,�,2 -+ .
10900 NORTH STALLARD PLACE wC S py.� `
SUITE 128-A J *
ORO VALLEY, ARIZONA 85737 naY-1 91 \I! ✓el .. e) 9 _ *
RECEIVED :, ; • •
*
'IRIS' P.B.METER
MAY 6 1991 5004548 U.S.POSTAGE
,-"--) TOWN of ORO VALLEY
6_._w.. , , . Louis & Patricia Williams
r:=E - 9610 N. Calle Loma Linda
Tucson, AZ 85704
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AGENDA
ORO VALLEY BOARD OF ADJUSTMENT
SPECIAL MEETING
MAY 21, 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 - APRIL 23, 1991
2 . PUBLIC HEARING OV10-91-2 - WILLIS REQUEST FOR VARIANCE,
LOT 8, ORO VALLEY ESTATES, 9640 N. CALLE LOMA LINDA,
REAR SETBACK FROM 40 ' TO 25 '
ADJOURNMENT
MINUTES OF THE
ORO VALLEY BOARD OF ADJUSTMENT
SPECIAL SESSION
MAY 21, 1991
CALL TO ORDER: 6: 30 p.m.
PRESENT: Darrell Gilman, Chairman
Terry Lon Myers, Vice-Chairman
Freddy Hershberger, Member
Richard Starkey, Member
EXCUSED: Hayward Thresher, Member
APPROVAL OF MINUTES - APRIL 23, 1991
A MOTION was made by Member Hershberger and SECONDED by Vice-
Chairman Myers to APPROVE the minutes of the April 23 , 1991
meeting. MOTION UNANIMOUSLY carried 4 - 0.
PUBLIC HEARING OV10-91-2 - WILLIS REQUEST FOR VARIANCE,
LOT 8, ORO VALLEY ESTATES, 9640 N. CALLE LOMA LINDA, REAR
SETBACK FROM 40 ' TO 25'
Chairman Gilman opened the public hearing.
Mike Burgess, designer representing Jerry and Glenda Willis, said
the subject property is along the extreme western edge of Oro
Valley Estates. The lots to the east, north and west of the Willis
property have single family residences on them and Lot 9, to the
south, is currently a vacant property. The Willis lot contains the
toe of a steep ridge which extends from the northeast onto the
subject property. The original request was for a rear setback from
40 ' to 25 feet, however the applicant is now requesting a 20 '
setback.
Mr. Burgess said the Oro Valley Country Club Estates Architectural
Review Board reviewed the applicant request for variance to the
CC&R' s and gave official notification to the applicant that the
Board approves of the variance request.
Mr. Burgess said the applicant considers the proposed setback
necessary to substantially reduce the cut and fill of the property
and to preserve the existing hill and natural vegetation of the
property. The proposed setback will also allow the preservation of
two palo verde trees which is one of the main reasons for the
request.
5/21/91 Minutes, Special Session 2
The Board reviewed the variance request.
Chairman Gilman closed the public hearing.
David Williams, Senior Planner, said Lot 8 is located within the
Hillside District and contains slopes ranging from 10 - 50% . The
required setbacks of the R1-36 Zoning District, per the Oro Valley
Zoning Code, are 30 feet for front yard, 15 feet for side yard and
40 feet for rear yard.
Mr. Williams said that all property owners within 600 feet of Lot
8 were notified of the variance request. No written or verbal
protests were received. Mr. Williams said of the two or three
possible building sites on Lot 8 , staff feels the proposed location
for the home provides the best alternative. One of the basic
concepts of the Hillside District Regulations is to provide for
structures which are "built to the land" and require a minimal
amount of cut and fill for development. The proposed home includes
three separate segments, or floor elevations, which step down the
hillside, thereby reducing the amount of required cut and fill .
Further, the home site in the southeast corner of the lot is a
relatively flat area of the lot. The reduced rear yard setback, as
proposed, does allow the home to take greater advantage of the
flatter area of the lot. Mr. Williams said it is for this reason
that staff recommends approval of the variance to rear yard
setback.
Mr. Williams said when reviewing the request for variance, the
Board needs to consider the following 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 district; and
2 . That special circumstances were not created by the owner
or applicant; and
3 . That the authorizing of the variance is necessary for the
preservation and enjoyment of substantial property
rights; and
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 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
5/21/91 Minutes, Special Session 3
the public welfare in general.
Mr. Williams said in this case, staff feels the above-listed
findings may be made, specifically:
1. That special topographic circumstances exist on Lot 8
which do not exist on other lots in Oro Valley Estates,
2 . That these topographic conditions were not created by the
owner,
3 . That the authorizing of the variance will allow
development of Lot 8 in a manner more conducive to
orderly development in the neighborhood, i.e. the
reduction of grading and removal of vegetation,
4 . That, due to the steep hillside existing on Lot 8 , the
owners do not enjoy the privilege of siting a residence
within the required setbacks without significantly
increasing development impacts to existing hillsides and
vegetation, and
5. A 20 foot reduction in rear yard setback is not
materially detrimental to persons residing in the
vicinity or adjacent properties and has no negative
impact on public welfare.
Mr. Williams said if the board decides to grant the variance, in
addition to the above findings, staff recommends the following
conditions be attached:
1. All exposed cut or fill slopes be treated in accordance
with the recommendations of the soils report,
2 . Drainage exiting the property shall not be altered, and
3 . The driveway shall not alter the existing drainage
pattern in the Calle Loma Linda right-of-way.
A MOTION was made by Member Hershberger and SECONDED by Vice-
Chairman Myers to APPROVE OV10-91-2 Willis request for variance,
Lot 8, Oro Valley Estates, 9640 N. Calle Loma Linda, rear setback
from 40 ' to 20 ' due to the five findings as outlined by Mr.
Williams and three conditions recommended by staff.
Chairman Gilman - yes
Vice-Chairman Myers - yes
Member Hershberger - yes
Member Starkey - abstain
MOTION CARRIED.
5/21/91 Minutes, Special Session 4
Chairman Gilman noted that the Board needs to have a group photo
taken, however, since all five members are rarely present at one
time he suggested having individual pictures taken.
ADJOURNMENT
There being no further business, a MOTION was made by Member
Starkey and SECONDED by Member Hershberger to ADJOURN the meeting
at 6: 50 p.m. MOTION UNANIMOUSLY carried 4 - 0.
Respectfully submitted,
Judi A. Deters, Deputy Clerk