HomeMy WebLinkAboutOV108902 PLANNING STAFF REPORT TO THE BOARD OF ADJUSTMENT
Date : April 24, 1989
Re • OV10-89-2 Cohen Appeal of Building Official's Administrative
Decision
SUMMARY:
Mrs. Elaine Cohen, 14316 N. Chalk Creek Drive, Sun City, is appealing the
Chief Building Official's interpretation of the Oro Valley Zoning Code
Revised as it pertains to swimming pool enclosures. Section 13-109,
Swimming Pools, sub-zection B, provides for pool enclosures which shall be
a minimum of 4 feet in height with self-closing and self-latching gates.
However, sub-section C does allow the Building Official to allow other
protective devices or methods so long as the degree of protection is as
great as that afforded by the enclosure, gate and latch. Mrs. Cohen is
planning an addition to her patio home in Sun City as well as the
installation of a spa. She feels a hard spa cover is a reasonable
alternative to an enclosure and has listed the following reasons:
1. She feels the cover will afford the same degree of protection as
an enclosure.
2. Sun City Vistoso is a retirement community, thereby minimizing the
potential for children to interact with the spa and she feels she
is responsible enough to keep this type of cover in place when the
spa is not in use.
3. She has noted several homes in the Sun City Vistoso area that have
the spas without the four foot enclosure (this is not a situation
which has been approved by Oro Valley staff) .
4. She lives in a patio home on the golf course and Del Webb has
imposed a 15 foot rear yard setback which greatly reduces the
amount of yard space available for improvements.
5. An approximate three foot brick wall presently exists enclosing
the rear yard with a gate.
6. The City of Tucson and Pima County accept a hard cover as
sufficient protection for a spa.
7. The spa would not be visible outside the brick wall enclosing her
rear yard.
The Building Codes Department has issued an administrative decision in
this case which prohibits the use of hand covers in lieu of an enclosure
and gate. Building Department staff feels that a hard cover does not
afford the same degree of protection as an enclosure and gate due to the
Planning Staff Report to Board of Adjustment
Cohen Appeal
4-24-89
page 2
fact that a cover provides protection only when it is in place.
Therefore, the Building Department has routinely refused to permit pool or
spa covers in lieu of enclosures and gates.
Town staff has received approximately six complaint calls in regard to
this issue. These residents feel that requiring enclosures for spas, when
hard covers are available, is overly burdensome.
Because this is an appeal of an administrative decision rather than a
request for a variance, adjacent property owners are not required to be
notified. A notice of public hearing, however, has been published from
which staff has received no continent, positive or negative, to date.
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APPLICATION NO. OV i -0 ! ' QQ
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REQUEST FOR VARIANCE ' 1
BOARD OF ADJUSTMENT Ono V 4, a`C
1. APPLICANT'S NAME 67Qt ea C./n
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2. ADDRESS / ;;/Co c'h //' eie-c-t k Pk. A),
3. TELEPHONE NUMBER
4. PROPERTY OWNER �Sa.m4e_
ADDRESS
TELEPHONE NUMBER
5. ADDRESS OR LEGAL
DESCRIPTION OF
SUBJECT PROPERTY
LOT NO. � ; LOT SIZE- 7 1 ; ACRES ; ZONED Th Z7
6. WHAT PROVISION OF THE
ORO VALLEY ZONING CODE
REVISED ARE YOU Svc_•7//01,, I - ) °Cl eA// 14,.
I s 77" is
REQUESTING A V 14
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7. STATE BRIEFLY AND FULLY THE REASONS ��WHY THE ' EReE- IS DEEMED NECESSARY:
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8. IS A REZONING OR A SUBDIVISION PLAT INVOLVED IN THIS REQUEST YES ( ) NO (4
9. HAS A PREVIOUS APPLICATION BEEN FILED OR A HEARING HELD RESPECTING
THE SUBJECT PREMISES. YES ( ) NO (�)
10. PROVIDE THE FOLLOWING: ( /
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( ) 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.
- 2 -
FOR OFFICE USE ONLY
Received by —
on f� 198f.
All requirements satisfied onAft4-1(
198 7.
Fee $ 66--
paid by check no.
Applicant was given Schedule of Fees and applicable rules on l,1 • c 1
Hearing Date • Zy • g .
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.
AI)'1INTSTRATION
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:
, _-7
AININ1S1'RATIoN
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.
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
4eppeal 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.
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ELAINE COHEN
14316 CHALK CREEK DR.N.4
TUCSON,AZ.85737
Ldrior,d •
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AFFIDAVIT OF PUBLICATION
STATE OF ARIZONA)
:ss.
COUNTY OF PIMA ) Loretta E. Padilla 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
BEFORE THE ORO VALLEY
BOARD OF ADJUSTMENT
In Accordance with Sn
1-505 of the Oro Valley Zoning
Code Reviced and Arizona Re-
vised Statutes Section 9-462.06, Spa Eric I s u r e Hearing
NOTICE IS HEREBY GIVEN
that the Oro Valley Board of Ad-
justment will hold public
9 lic hear-
ing on Monday,Aprilat theOro
at
or after 7:00 p.m.
Valley Town Hall. 10900 N. Stal-
lard
Place,Suite 100,
Oro Arizona wMrs. Elaine c appeal was printed and published correctly in the regular and entire issue of said THE
filed by
14316 N.Chalk Creek Drive,Sun
City Vistoso, Unit 2, Lot R4:
OV10-89-2: Appeal the Build-
ing Official :or Residential Con- DAILY TERRITORIAL for 1 issues;that the first was made
struction's decision that a hard th
spa cover does not provide
af
-
forded dee
same degree of protection
by an enclosure,gate and on the 17 t h day of A p r i I 19 89
latch as set forth in Section
13-109 of the Oro Valley Zoning
Code Revised.If this appeal Is upheld,a hard and the last publication thereof was made on the 17 t h day of
cover will be permitted as an
adequate enclosure for a spa at
the above-mentioned address.
Persons Interested may ap- ;that said publication
pear in person,by agent or attor- April 1 c.39
ney, and petitioners on the ap-
peal must appear or be repre-
sented. was made on each of the following dates,to-wit:
Puh: The Daily Territorial p4/17139
April 17, 1989 RECEIVED
Req: Town of Oro Val ey
Steve Hagedom,
Zoning Administrator
APR 18 '89
Request of Town of Oro Valle,
Town of Oro Valley
Daily TTerritorial 11
Combtrcd with Deily Reporter
By
Subscribed and sworn to before me this 1 7 t h day of A p r i I
19
tIA,\J\i\ OLAA,
NotaryPublic in and for tQCounty of Pima,State
e o Arizona
My Commission Expires: Ivey Commission Expires 6/11i 92
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 Zen Hall, 10900 N. Stallard Place, Suite 100, Oro Valley, Arizona
with regard to an appeal filed by Mrs. Elaine Cohen of 14316 N. Chalk
Creek Drive, Sun City Vistoso, Unit 2, Lot 84:
OV10-89-2 : Appeal the Building Official for Residential
Construction's decision that a hard spa cover does not
provide the same degree of protection afforded by an
enclosure, gate and latch as set forth in Section 13-109
of the Oro Valley Zoning Code Revised.
If this appeal is upheld, a hard cover will be permitted
as an adequate enclosure for a spa at the above-
mentioned address.
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 17, 1989
REQ: Steve Hagedorn,
Zoning Administrator