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HomeMy WebLinkAboutOV109102 APPLICATION NO. OV IO-q L - O • Off;i.R?L. REQUEST FOR VARIANCE 4 I. �r BOARD OF ADJUSTMENT OvaV# ' Iz0 1. APPLICANT'S NAME c r c "- 6A2,4it) 2. ADDRESS • 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 • 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. fYULeS V11..D‘d 0 WO CO-Q40 7. STATE BRIEFLY AND FULLY THE REASONS WHY THE VARIANCE IS DEEMED NECESSARY: Ck OJOLit *-V93 o h 1» � w _______L)OG\1 r•cj \-X.k.akv.A.cs, t 0\31 c)k 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 . .. . . ,f.. '1:::::.:::.j NOT OELIYERABLE n1661PS. .'�DCRESSFD ]]} j [[ jjJJy} (( ii `` ffi�11{illilt�lf1111}li1311i�1f11i r,:rriETOFORWARD f... ` ' L'�1++�. r 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