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HomeMy WebLinkAboutOV108901 BOARD 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 $ 110.00 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 For parking variance 200.00 100.00 For appeal of decision on home occupation N/A 100.00 For 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 fee are: Developers Individuals 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. APPLICATION NO. OV �* OR0 REQUEST FOR VARIANCE ' 1 �� BOARD OF ADJUSTMENT 4 y t.eV zo 1. APPLICANT'S NAME G'aYJG r t tfk 1�►is A )46r n ©r ac-lz 2. ADDRESS i 0 ri_0(.S ki-PCriViSe+b- 3. TELEPHONE NUMBER 4. PROPERTY OWNER 64•Me./ ADDRESS j"a. WI .- TELEPHONE NUMBER Sa Vv �. 5. ADDRESS OR LEGAL 10905 N , c DESCRIPTION OF SUBJECT PROPERTY LOT NO. 22 ; LOT SIZE ; ACRES ; ZONED 6. WHAT PROVISION OF THE SGG 13 1 0`'- ORO VALLEY ZONING CODE REVISED ARE YOU oG S REQUESTING A VARIANCE. G D 2 7. STATE BRIEFLY AND FULLY THE REASONS WHY THE VARIANCE IS DEEMED NECESSARY: 6 I -1/4--e C.,00, +icy\ on `a\pc,kert__ 'fro re 1 ' --441 • � l rI 1)=0‘<5 . c3 e +0 441e -ReL,v1A- crF AAA e__x l re6 i deo c l s 4-00 +0 b c 1 ci a i' l4 -- yicL c --F1 1 ► a� Cci4-1 �c4- • P 1 - 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: (') DIMENSIONED PLOT PLAN, l COPIES. ( ) DIMENSIONED FLOOR PLAN, I 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. - 2 - FOR OFFICE USE ONLY Received by t �� on 198 All requirements satisfied on 198 Fee $ paid by check no. 5. Applicant was given Schedule of Fees and applicable rules on i' Hearing Date � - l�-� ��Z� r .1e_ ii,,7 .....et PATIO POOLS The Choice of Experts SWIMMING POOL ESTIMATE SHEET C'REPARED FOR � L. rt-7-F' � DATE 3/12-`) /57'.1 DIMENSIONS 3 Q k 1 G x ` " 1 cj DEPTH -.2 - (n BASE POOL I AREA 0 TRAVEL _ PERIMETER ai 0 ZONE BENCHES RAISED BEAM 1(�' 1ec , '"E:-..: _... SITE PREP SAFETY ROPE COMPACTION STEPS DOUBLE LOADING — STRAIGHT WALLS OBJECT REMOVAL WALL OR FENCE D/U STANDARD TILE PLANKING — UPGRADED TILE TREE REMOVAL — D. OF G. FORMING — KOOL DECK r EXTRA DECK FILTER n d� STEPS HEATER DECK-O-DRAIN SOLAR — SLEEVES DUMP l , O E,? . — DRAINS CHLORINATOR Q ne_ OTHER DECKS LEANING SYSTEM _ Au+c; 't ` I BOARD =ILL LINE j SWIM OUT (r 1 DLUMB RUN/SIZE ?..S I r` GRAB RAILS SAS RUN HAND RAILS SEATER BYPASS SLIDE NATER REROUTES SAS REROUTED PLASTER rC SKIMMERS " r RETURNS F I OG\c" -- SOLAR RUN POOL COVER REEL JALVES HOSE BIBS ACCESSORIES NATER LINE MISC. I f TUNNELS \,\r`1 '-re t- , 2 ELECTRIC RUN , �1 _IGHT 20 •W>''t''i 3RASS RECEPTACLES S F I A-k- of,,_! SUBTOTAL '-1 REMOTE SWITCH v- ' TAX Yt 3UB PANEL TOTAL PS:SCS:7/85 1 M 7960 E. 22nd St./(602)886-1211/Tucson, AZ 85710 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 30 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. AIY1TNTSTRATTON 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 Variances 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 a 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 that 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: • 1 _7 ADMINISTRATION 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 vicinty, 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 condition 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 on 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. PLANNING STAFF REPORT TO THE BOARD OF ADJUSTMENT Date : April 24, 1989 Re • OV10-89-1 Griffin Request for Variance for Pool Setback SUMMARY: Mr. Gary Griffin, 10985 N. Poinsettia Drive, is requesting a variance of the side yard setback for a swimming pool. This site, Lot 22 of Monte del Oro, is characterized by steeply sloping front and rear yards. Under the Oro Valley Zoning Code Revised, a pool is subject to front, side and rear yard setback requirements of the zone in which it is located. Zoning for this lot is R1-43 which stipulates a 30 foot front yard and 20 foot side yard and 40 foot rear yard setbacks. Due to the topographic constraints of the site, Mr. Griffin is requesting a variance of the side yard setback to allow the construction of a swimming pool which would ultimately lie 6 feet from his side property line. One of staff's primary concerns with locating the pool in the side yard was potential impacts to Mr. Griffin's neighbor to the south. The applicant has contacted this property owner and has furnished staff with a letter approving the Griffin's pool plan and consenting to the variance which is being requested tonight. A copy of this letter has been provided in your information packet. All property owners within 300 feet have been notified of this request for variance and, as of this date, no written protests have been received. RECOMMENDATION: Staff feels that locating the swimming pool in the side yard is the best alternative when compared to the significant and considerable amount of fill material and retaining walls which would be required to place the pool in either the front or rear yard. It is staff's recommendation that this request for variance be approved due to the special topographic circumstances of the property and that authorizing such a variance would not be materially detrimental to persons residing in the vicinity, the adjacent property owner or to the neighborhood or public welfare in general. ATTAC INENTS: 1. Site Plan 2. Pool Plan 3. Adjacent property owner's letter • 11.1111*, , ,, , ; • , a 111.111111.1116 -,...ti^: '. 44 -4:i• '‘ s.-• mimagnim, :I.,.1' '•• ' V' -1e*':,‘• : \, , ' ifit.', .11. 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UQL4rI\ ? I ftt ' J J < � � J March 23 , 1989 Board of Adjustment Town of Oro Valley Oro Valley, AZ . 85737 RE: Variance - Lot 22 Gentlemen; It is my understanding that my neighbors , Gary and Diane Griffin are requesting a variance to construct a swimming pool on their property at 10985 Poinsettia. Please accept this letter as my approval of their plan and my consent to the variance. Thank you for your consideration. Sincerely, X '- eZ'7#11 Steve Sides Lot 2.1 case No. O 1 I o 1 STATE OF ARIZONA ) TOWN OF ORO VALLEY ) I hereby certify that on 4- Li - 7 c- 1 4 I-caused to be delivered, a legal notice regarding the above-mentioned case to be published in the D -k : T�-c 4,�tt on 4-4o -A)9' A copy of ibdolic hearing notice is on file in the Oro Valley Town Hall. V I hereby certify that on - ?� I mailed individual letters to all agencies and individuals as required, together with notice of publish hearing and specific map involved, if any. I hereby certify that on L/' I ' 434 I caused to be posted the subject property in the above- mentioned case. ( t cJJ--,c40-:x.o /-4' 9 Adr: .-t _._ / c-✓ , . v-Assistant Planning_-and Development Svcs. Subscribed and sworn to before me this / day of19e2:41 198 . 1W67//k-,4L---/ Notary Public My commission expires: 019 / AFFIDAVIT OF PUBLICATION STA"'c QF ARIZONA) :ss. COUNTY OF PIMA 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, NOTICE OF PUBLIC HEARING ORO BEFO RE EYTHE County of Pima, State of Arizona and elsewhere, and the hereto attached BOOF ADJUSTMENT In accordance with Section 1-505 of the Oro Valley Zoning Code Revised and Arizona Re- vised Statutes Section 9-462.06, NOTICE IS HEREBY GIVEN Hearing April 24 that the Oro Valley Board of Ad- justment will hold a public hear- ing on Monday,April 24. 1989 at or after 7:00 p.m. at the Oro Valley Town Hall, 10900 N. Stal- lard Place,Suite 100,Oro Valley, Arizona: OV10.89-1 Griffin residence SUP..J. PROP. : 109115 N. was printed and published correctly in the regular and entire issue of said THE Poinsetta, Monte Del Oro Subdivision SEC.13-109:Setback for pool enclosure DAILY TERRITORIAL for issues;that the first was made Persons Interested may ap- pear in person,by agent or attor- ney, and petitioners on the ap- peal must appear or be repro- on the 6th day of :,A js r l 1989 rented. Pub: The Daily Territorial April g: Steve Hegedorn,6, 1 Re and the last publication thereof was made on the 6th day of Zoning Administrator Town of Oro Valley April 1 that said publication was made on each of the following dates,to-wit: 04/06/89 Request of Town o{ Oro Valley Daily Territorial [ram fumhined with Daily Reporter By ,r �� C, �. �rc__� Subscribed and swo n to before me this 6th day of April vL\A. `\`\: . , .} w Notary Public in and for a Ctunty of Pima,State of rizOna My Commission Expires: ' hrr Ossi n Expires 6f 11/9t NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY BOARD OF ADJUSTMENT In accordance with Section 1-505 of the Oro Valley Zoning Code Revised and Arizona Revised Statutes Section 9-462 . 06, NOTICE IS HEREBY GIVEN that the Oro Valley Board of Adjustment will hold a public hearing on Monday, April 24, 1989 at or after 7: 00 p.m. at the Oro Valley Town Hall, 10900 N. Stallard Place, Suite 100, Oro Valley, Arizona: OV10-89-1 : Griffin residence SUBJ. PROP. : 10985 N. Poinsetta, Monte Del Oro Subdivision SEC. 13-109 : Setback for pool enclosure Persons interested may appear in person, by agent or attorney, and petitioners on the appeal must appear or be represented. PUB: The Daily Territorial April 6, 1989 REQ: Steve Hagedorn, Zoning Administrator MEMORANDUM • TO Richard Starkey, Member Board of Adjustment FROM : Kathryn Cuvelier, Town Clerk/let/ DATE : April 4 , 1989 SUBJ : Upcoming Board of Adjustment meeting Richard, since I know you are hard to get a hold of by phone, I am sending you this memo to let you know we have scheduled an Oro Valley Board of Adjustment meeting for April 24th commencing at 6: 45 p.m. There is one item scheduled on the Agenda, so the meeting should last about 1/2 hour. Please call me at 297-2591 to let me know if you will h able to attend. Thank you. • ' �• t r' tr Fr e 'Ve £4;'��t "dy'{`e�R v�y '43. fi � kw