HomeMy WebLinkAboutOV109101 1 . _
APPLICATION NO. OV (01‘" ` o Ro
REQUEST FOR VARIANCE141
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�P���'� BOARD OF ADJUSTMENT �►
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1. APPLICANT'S NAME THE LA RESERVE COMMUNITY ASSOCIATION
2. ADDRESS P. 0. BOX 40790 TUCSON, AZ 85717
3. TELEPHONE NUMBER (6 0 2 ) 7 2 2-6 5 0 0
4. PROPERTY OWNER W. F . BATTON & CO. , INC.
ADDRESS 1190 EAST MEADOW DRIVE PALO ALTO, CA. 94303-4269
TELEPHONE NUMBER (415) 494-7471
5. ADDRESS OR LEGAL Parcel "W" is located on the southeast corner
DESCRIPTION OF
SUBJECT PROPERTY of Oracle Road (U. S. Highway 89) and La Reserve Drive
LOT NO. W ; LOT SIZE ; ACRES 7. 12 ; ZONED PAD
6. WHAT PROVISION OF THE Oro Valley Sian Code - Section 12-602F , no. 3
ORO VALLEY ZONING CODE
REVISED ARE YOU
REQUESTING A VARIANCE.
7. STATE BRIEFLY AND FULLY THE REASONS WHY THE VARIANCE IS DEEMED NECESSARY:
Under the Oro Valley Sign Code (Section 12-602F, no. 3 ) signs erected
along U. S. Highway 89 shall be no more than 32 square feet with a
maximum height of 8 feet. However, because there are 6 parcels with
homes for sale within La Reserve, the La Reserve Community Association
is requesting that one sign approximately 8 'W X 16 'H, be placed on the
subject property in lieu of six smaller signs . The proposed consolidated
sign would have 128 square feet whereas 6 smaller directional signs
would have 50% more square footage at 192 . Hence, passersby along highway
89 would see not only one sign instead of six but also less ignage space .
* Please note that the owner of Parcel W has given the Community Association
his written permisson to have the sign erected .
8. IS A REZONING OR A SUBDIVISION PLAT INVOLVED IN THIS REQUEST - YES ( ) NO
60)
9. HAS A PREVIOUS APPLICATION BEEN FILED OR A HEARING HELD RESPECTING
THE SUBJECT PREMISES. YES ( ) NO
10. PROVIDE THE FOLLOWING:
( ) DIMENSIONED PLOT PLAN, COPIES.
( ) DIMENSIONED FLOOR PLAN, COPIES.
( ) DIMENSIONED ELEVATION PLAN, COPIES.
( ) AN ESTIMATE OF THE INCREMENTAL COST OF THE CHANGE IN OR ADDITIONS TO
THE PROPERTY, SUCH ESTIMATED COST TO BE ENDORSED AS ACCURATE BY A
LICENSED CONTRACTOR OR ENGINEER.
( ) NAMES AND ADDRESSES OF ALL OWNERS OF PROPERTY, ANY PART OF WHICH IS
WITHIN 300 FEET OF THE SUBJECT PROPERTY.
Parcel X: VESTAR LAND COMPANY
5620 N. KOLB ROAD #250
TUCSON, AZ 85715
ATTN: RON HENRY
PARCEL Q: EVANS WITHYCOMBE
10700 N. LA RESERVE DRIVE
TUCSON, AZ 85737
ATTN: MS . LORETTA AUSTILL
— 2 —
FOR OFFICE USE ONLY
Received by
on 198 .
All requirements satisfied on
198 .
Fee $ paid by check no.
Applicant- way ai NTnn c,.i...a.., .,r -
Copy
W F. BATTON & CO., INC.
Commercial and Industrial Developers
January 3 , 1991
Town of Oro Valley
10900 N. Stallard Place, Suite #128
Oro VAlley, AZ 85737
Attn: Linda
Re: Letter Dated December 12, 1990
To Whom It May Concern:
Please accept this letter as written authorization to put up a sign on
my property located at La Reserve, Parcel W. I agree to one sign but
do not stipulate an exact size.
If you should have any questions please feel free to contact me in my
office in California, (415) 494-7471 during regular business hours.
Thank you.
Sincerely,
W.F. Batton & Co. , Inc.
/-1(/—/ •
W.F. Batton
CC: La Reserve Comm. AE soc.
•
1190 East Meadow Drive
Palo Alto, California 94303-4269
(415)494-7471
FAX (415)494-6904
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TERRITORIAL SIGN ....._
Case No. OV10-91-1
STATE OF ARIZONA )
)
TOWN OF ORO VALLEY )
___1 ; ' I herebycertifythat on 4/05/91 I caused
to be delivered, a legal notice regarding the
above-mentioned case to be published in the
Daily Territorial on 4/08/91. A copy of
public hearing notice is on file in the Oro
Valley Town Hall .
._ 71?_ __ I herebycertifythat on 4/05/91 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 4/05/91 I caused to
be posted the subject property in the above-
mentioned case.
�lC \ ) - 4)@AS
(70(x
To Clerk
Subscribed and sworn to before me this day of 1991.
i/a4,:,,friJcc-e,64,},
Notary P blic
My commission expires:
OFF-: AL.SEAL
;= 14,41 {rotary Public--Ari ono
(�!/�rJCT1i'� tyE�if,)S!t"„1C�J S?f.3`'s /-^.7—J
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AFFIDAVIT OF PUBLICATION
STATE OF ARIZONA)
:ss.
COUNTY OF PIMA 1 L..c( e t•f;a l: i I I a. being first
NOTICE OF duly sworn, deposes and says that (he) (she) is the Legal Advertising Manager
PUBLIC HEARING
BEFORE THE ORO VALLEY
BOARD OF ADJUSTMENT
In accordance with Section of THE DAILY TERRITORIAL, a daily newspaper printed and published in the
1-505 of the Oro Valley Zoning
Code Revised,
NOTICE OF PUBLIC HEAR-
ING BEFORE THE ORO VAL- County of Pima, State of Arizona, and of general circulation in the City of Tucson,
LEY BOARD OF ADJUSTMENT
IS HEREBY GIVEN:
TIME: at or after 6:30 p.m.,
Tuesday. April 23, 1991 County of Pima, State of Arizona and elsewhere, and the hereto attached
PLACE: Oro Valley Town Hall
Council Chambers, 11000 N. La
Canada Drive. Oro Valley,
Arizona
SUBJECT: LA RESERVE
COMMUNITY ASSOCIATION,
REQUESTING A VARIANCE TO L.A I"e }i'h"`a''ra C:o fmll u r'I ( t Y rt:i s
THE PROVISION WHICH LIM-
ITS TEMPORARY SIGNAGE
OFF U.S. 89 TO 16 SQ. FT.
Southwest Diversified, repre-
senting La Reserve Community
Association, Is requesting that
one sign, approximately 8'W x
16'H,be placed on Parcel"W"of
La Reserve In an effort to prevent was printed and published correctly in the regular and entire issue of said THE
a cluttering of 6 separate allow-
able and permittable signs along
U.S. 89. Proposed sign would
contain the name of the commun- DAILY TERRITORIAL for issues; that the first was made
ity and the tour builders.
LOCATION: Parcel -W' is lo-
cated on the southeast corner of
U.S. 89 (Oracle Road) and La s;.. 9
Reserve Drive. on the i:;(, day of A��t i I 19 1
Members of the public are in-
vited to attend this meeting and
will be given an opportunity to and the last publication thereof was made on the h day of
speak. (Plans of the proposed
signage can be viewed in the
Deputy Clerk's Office). Steven
Hagedorn Steven Hagedorn Zon-
ing Administrator Town of Oro April 1 9': ; that said publication
Valley
Pub: The Daily Territorial
April 8, 1991 was made on each of the following dates,to-wit:
Req: Town of Oro Valley („?,`I 1`(? /`"'.'t
zoning 4/8 gc
Request of
Town of I„f r..r o 1/a I I E"y
D The
Territorial
By
Su cribed and worn to before me this I} day of A p " i I
' 1
19 •
Notary Pu is in and for the County of Pima, State of Arizona
My Commission Expires: k I C�
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,
April 23 , 1991
PLACE • Oro Valley Town Hall Council Chambers,
11000 N. La Canada Drive, Oro Valley,
Arizona
SUBJECT • LA RESERVE COMMUNITY ASSOCIATION,
REQUESTING A VARIANCE TO THE PROVISION
WHICH LIMITS TEMPORARY SIGNAGE OFF U.S .
89 TO 16 SQ. FT.
Southwest Diversified, representing La Reserve Community
Association, is requesting that one sign, approximately 8 'W x
16 'H, be placed on Parcel "W" of La Reserve in an effort to
prevent a cluttering of 6 separate allowable and permittable
signs along U.S. 89. Proposed sign would contain the name of the
community and the four builders.
LOCATION • Parcel "W" is located on the southeast
corner of U.S. 89 (Oracle Road) and
La Reserve Drive.
Members of the public are invited to attend this meeting and will
be given an opportunity to speak. (Plans of the proposed signage
can be viewed in the Deputy Clerk's Office. )
Steve Hagedorn
Zoning Administrator
Town of Oro Valley
PUBLISHED: The Daily Territorial
4/08/91
POSTED: 4/04/91
2 :00 p.m.
jad
MEMORANDUM
TO: \%Steve Hagedorn, Zoning Administrator
David Williams, Senior Planner
FROM: Tobin Sidles, Assistant Town Attorney-
DATE: April 22, 1991
SUBJECT: Board of Adjustments Meeting on April 23 , 1991
Gary and I have reviewed the request for a variance for a temporary
sign at La Reserve and have a few suggestions.
1) We recommend that the process utilized for temporary sign
variances be modified and a new ordinance be adopted as you
have suggested. We cannot find any outlined procedure for the
Board of Adjustment variances on temporary signs, and we have.
some doubt as to the Board of Adjustment's authority.
2) For this and any other sign variance arising in the meantime,
we recommend that the Board set a specified time limit for the
sign, as it is supposed to be a temporary sign.
3) All applicants should be reminded of Oro Valley zoning
provision 12-602 (B) (6) , whereby temporary signs must be
removed within ten (10) days of completion of the announced
subdivision. We interpret completion as being a certificate
of occupancy on the final unit to be built. In this case,
with multiple builders, each builder should be required to
remove its sign (name) after its respective project is
completed.
If you have any questions, give us a call.
TS/sm
PLANNING STAFF REPORT TO THE BOARD OF ADJUSTMENT
DATE: April 23,1991
RE: OV10-91-01 La Reserve Community Association Request for Over-
sized Sign for La Reserve Development
The La Reserve Community Association, on behalf of the builders in La Reserve,
is requesting a variance to the Oro Valley Sign Code standards in order to
permit the erection of a temporary sign along Oracle Road, approximately 400
feet south of La Reserve Drive. A plot plan showing the intended location of
the sign is included in your packet.
The proposed sign would be eight (8) feet wide and sixteen (16) feet in height
for a total of one hundred twenty eight (128) square feet in area. Per Sec.
12-602B, Development Signs, each development is permitted one such sign,
measuring thirty two (32) square feet in area and a maximum of eight (8) feet
in height, on each street that the development fronts.
The proposed sign would allow the developers in La Reserve (currently nine
subdivisions under development) to consolidate all of their permitted signage
onto one sign.
This sign, as proposed, and depicted in the illustration included in your
packet, if approved, would be required to meet all other Oro Valley code
requirements, including color and setbacks.
When reviewing a 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 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.
SWH:swh
BOA\OV109101 4-18-91
AGENDA
ORO VALLEY BOARD OF ADJUSTMENT
REGULAR MEETING
APRIL 23, 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: 6:45 p.m.
ROLL CALL
1. APPROVAL OF MINUTES - NOVEMBER 8, 1990
2 . 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"
ADJOURNMENT
POSTED: 4/04/91
2 :00 p.m.
jad
MINUTES OF THE
ORO VALLEY BOARD OF ADJUSTMENT
STUDY SESSION
NOVEMBER 8, 1990
CALL TO ORDER: 6: 30 p.m.
PRESENT: Darrell Gilman, Chairman
Terry Lon Myers, Vice-Chairman
Freddy Hershberger, Member
Richard Starkey, Member
Hayward Thresher, Member
PUBLIC HEARING OV10-90-4 - MACO ASSET MANAGEMENT REQUEST FOR
OVER-SIZED SIGNS - THE VILLAGES OF LA CANADA
The Board reviewed the request for a variance to the Oro Valley
Sign Standards. Approval of request would permit the erection of
temporary at the two entrances of The Villages of La Canada located
on La Canada Drive, south of Lambert Lane and on Lambert Lane,
approximately one-half mile east of La Canada Drive.
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,,‘.H)_
Judi A. Deters, Deputy Clerk
MINUTES OF THE
ORO VALLEY BOARD OF ADJUSTMENT
SPECIAL SESSION
NOVEMBER 8, 1990
CALL TO ORDER: 6:45 p.m.
PRESENT: Darrell Gilman, Chairman
Terry Lon Myers, Vice-Chairman
Freddy Hershberger, Member
Richard Starkey, Member
Hayward Thresher, Member
APPROVAL OF MINUTES - AUGUST 2, 1990
A MOTION was made by Member Hershberger and SECONDED by Vice-
Chairman Myers to APPROVE the minutes of the August 2 , 1990
meeting. MOTION UNANIMOUSLY carried 5 - 0.
PUBLIC HEARING OV10-90-4 - MACO ASSET MANAGEMENT REQUEST FOR
OVER-SIZED SIGNS - THE VILLAGES OF LA CANADA
David Williams, Senior Planner, said Maco Asset Management Company,
on behalf of the builders in The Villages of La Canada, are
requesting a variance to the Oro Valley Sign standards in order to
permit the erection of temporary signage at the two entrances of
The Villages of La Canada located on La Canada Drive, south of
Lambert Lane and, on Lambert Lane, approximately one-half mile east
of La Canada Drive. Both of the signs would be located on The
Villages of La Canada property. The proposed signs would be ten
feet tall and eight feet wide for a total of eighty square feet.
The signs would allow consolidation of all builders within The
Villages of La Canada into one single sign. Currently, four
companies are building in The Villages of La Canada, including
Dominion Homes, The Doucette Company, US Home and Vision Homes.
Mr. Williams said the property on which the sign is proposed to be
constructed is currently part of a landscaped common area of The
Villages of La Canada.
Per Section 12-602C of the Code, Developer, Contractor
Identification Signs, no. 4 , "Such a sign shall have a maximum size
of sixteen square feet, maximum height of six feet and must be set
back from the property line a minimum of fifteen feet" .
11/08/90 Minutes, Regular Session 2
Under the Oro Valley Sign Code, it may be possible for each builder
to construct similar sixteen square foot signs spaced one hundred
feet apart. Mr. Williams said Planning staff feels the proposed
signage has some merit and should be carefully considered.
Mr. Williams noted that the Board must consider the five findings
when considering a variance.
Chairman Gilman opened the public hearing.
Alan McGary, Vice-President of Marketing with Vision Homes,
representing the other builders and Maco, was present. Mr. McGary
said master planned communities are outstanding areas in which to
live. However, in bringing such a plan into successful reality
builders must first succeed in selling homes that form the
community. It must be made easy for the prospects to find the
community and the builders within the community, and this is a
temporary need. Such an effort is strategic and noticeable signing
to that effort. Mr. McGary said it is the builders life blood and
without it they face failure even when the product is superior. If
signing can be accomplished without the proliferation of each
builders message docking the roadside, the builders of The Villages
of La Canada would prefer a signage that is in good taste and
useful for leading buyers to them.
Mr. McGary said it is in that spirit that the builders are
requesting a variance and proposing to pool their collective and
permissible signing needs along two major arteries, those being
Lambert Lane and La Canada, into only two monument signs. Actual
message space will be only 33 sq. ft.
Member Thresher asked if other builders could be added to the sign?
Mr. McGary said there are three other properties yet to be sold by
the developer that could be added to the sign.
Member Hershberger asked if the sign is large enough to add the
names of three builders?
Mr. McGary said yes.
Barbara Culpepper, Vision Homes, said the four builders have agreed
to do away with all other signs if the proposed sign is approved.
Member Hershberger asked how the proposed sign fits with the first
finding?
Mr. Williams said he doesn't think it fits with any of the findings
but that doesn't mean the Board can't approve the request if they
find it to be reasonable. Mr. Williams said he thinks the Board
11/08/90 Minutes, Regular Session 3
must look at the positive impact and aesthetics of the area, look
beyond the findings.
Vice-Chairman Myers asked if there is existing signage for The
Villages of La Canada on the wall?
Mr. Williams said yes, there are permanent monument sign walls at
both entrances.
Vice-Chairman Myers said in this case, is it necessary to repeat
the message "The Villages . . . "?
Mr. McGary said the concept is that there is a difference between
an established community and one that is still being built. They
must convey to passersby that this is a vital and active community
building at this time. That is the reason for the temporariness of
the sign. They don't expect to leave it in place following the
point where the subdivision is pretty well built out.
Mr. Williams said, in his opinion, the need to identify the
development is probably as keen as the need to identify the
builders.
Vice-Chairman Myers asked how many lots are left in The Villages?
Mr. Williams estimated 300.
Chairman Gilman closed the public hearing.
Member Thresher said his only concern is that some limitation be
placed on the fact that if this variance is granted, other
temporary signs should not be allowed on the project.
Member Starkey pointed out that to have other temporary signage
they would have to apply to the Planning & Zoning Department.
Mr. Williams said that is correct, the Zoning Administrator grants
sign permits. The Board would not see the request unless an
applicant was asking for a variance.
11/08/90 Minutes, Regular Session 4
A MOTION was made by Member Hershberger and SECONDED by Member
Starkey to grant the variance request for OV10-90-4 The Villages of
La Canada, with the stipulation that other temporary and legal
signs not be granted by the Planning and Zoning Department for The
Villages of La Canada.
Member Hershberger - yes
Member Starkey - yes
Member Thresher - yes
Chairman Gilman - no
Vice-Chairman Myers - Abstain
MOTION CARRIED 3 - 1.
ADJOURNMENT
There being no further business, a MOTION was made by Member
Thresher and SECONDED by Member Hershberger to ADJOURN the meeting
at 7 : 10 p.m. MOTION UNANIMOUSLY carried 5- 0.
Respectfully submitted
C= ?)1+P-
Judith A. Deters, Deputy Clerk