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HomeMy WebLinkAboutMinutes - Board of Adjustment - 11/17/2025MINUTES ORO VALLEY BOARD OF ADJUSTMENT SPECIAL SESSION November 17, 2025 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE            SPECIAL SESSION AT OR AFTER 2:00 PM   CALL TO ORDER Chair Barcelo called the meeting to order at 2:01 p.m.   ROLL CALL Present: Joseph Affinati, Member Joseph Brandhuber, Member Thomas Gribb, Member Daniel Sturmon, Vice Chair Octavio Barcelo, Chair Staff Present: Kyle Packer, Senior Planner Attendees: Thomas Benavidez, Attorney EXECUTIVE SESSION - Pursuant to Arizona Revised Statutes §38-431.03 (A)(3) to obtain legal advice regarding a proposed variance to permit the location of the existing wall at 11730 N. Diamond Cholla Place.    Motion by Member Joseph Brandhuber, seconded by Vice Chair Daniel Sturmon to go into Executive Session at 2:02 p.m.  Vote: 5 - 0 Carried   *RECONVENE SPECIAL SESSION AT OR AFTER 2:30 PM    Motion by Member Joseph Brandhuber, seconded by Member Joseph Affinati to close the Executive Session at 2:48 p.m.  Vote: 5 - 0 Carried   *CALL TO ORDER Chair Barcelo called the meeting back to order at 2:48 p.m.   *ROLL CALL    Present: Joseph Affinati, Member November 17, 2025 Minutes, Board of Adjustment 1  Present: Joseph Affinati, Member Joseph Brandhuber, Member Thomas Gribb, Member Daniel Sturmon, Vice Chair Octavio Barcelo, Chair Staff Present: Kyle Packer, Senior Planner Attendees: Thomas Benavidez, Attorney   PLEDGE OF ALLEGIANCE Chair Barcelo led the Board and audience in the Pledge of Allegiance.   CALL TO AUDIENCE There were no speaker requests.   COUNCIL LIAISON COMMENTS Senior Planner Kyle spoke on behalf of Council Liaison Josh Nicholson, who had to leave the meeting, regarding the OV Trails Connect Master Plan at the upcoming Town Council meeting on November 19, and encouraged the board and community to get involved.   SPECIAL SESSION AGENDA   1.REVIEW AND APPROVAL OF THE SEPTEMBER 23, 2025 REGULAR SESSION MEETING MINUTES       Motion by Member Thomas Gribb, seconded by Member Joseph Brandhuber to approve the meeting minutes as written.  Vote: 5 - 0 Carried   2.PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING A PROPOSED VARIANCE TO PERMIT THE LOCATION OF THE EXISTING WALL ON PRIVATE PROPERTY WITHIN OPEN SPACE AT 11730 N DIAMOND CHOLLA PLACE       Planning Manager Bayer Vella stressed to the Board to focus only on the location of the wall and that is the reason for today's item. The applicant will be reducing the height of the wall. Variance is only regarding the placement of the wall. Mr. Vella then provided a presentation that included the following: - Purpose - Location - Applicant Request - Timeline - Five findings - Findings - Summary and recommendation Attorney Rory Juneman, with Lazarus and Silvyn representing the applicants, reiterated what Mr. Vella presented. Mr. Juneman corrected one data point: the applicants looked at the home in July 2022 and confirmed with the Town about building the wall and its location prior to purchasing the property. The November 17, 2025 Minutes, Board of Adjustment 2 applicants also received ARC approval from their HOA prior to building the wall. Unfortunately, now in this position and working with Town staff to find a solution. Neighbors are in agreement; no written protests were received. The purpose of the variance is to not place the property owners in an unfair situation. Discussion ensued among the board and Mr. Juneman. Chair Barcelo opened the public hearing. Zoom online speaker Mark Schumacher spoke against the variance of Agenda Item #2. Chair Barcelo closed the public hearing.    Motion by Member Joseph Affinati, seconded by Member Thomas Gribb to approve the proposed variance to permit the location of the existing wall on private property within open space at 11730 N Diamond Cholla Place, based on the finding that the five criteria have been met.  Vote: 4 - 0 Carried  Other:Member Joseph Brandhuber (ABSTAINING)   ADJOURNMENT    Motion by Member Thomas Gribb, seconded by Member Joseph Affinati    Chair Barcelo adjourned the meeting at 3:29 p.m.     I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special session of the Town of Oro Valley Board of Adjustment of Oro Valley, Arizona held on the 17th day of November 2025. I further certify that the meeting was duly called and held and that a quorum was present. ___________________________ Jeanna Ancona Senior Office Specialist November 17, 2025 Minutes, Board of Adjustment 3