HomeMy WebLinkAboutMinutes - Board of Adjustment - 7/23/2013 MINUTES
ORO VALLEY BOARD OF ADJUSTMENT
*AMENDED (7/12/2013 5:00 P.M.)
REGULAR SESSION
July 23, 2013
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
REGULAR SESSION CALL TO ORDER AT OR AFTER 3:00 PM
Chairman Adler called the Board of Adjustment regular session to order at 3:00 P.M.
ORDER OF BUSINESS
Chairman Adler introduced the process by which a citizen may speak, and general
housekeeping information for the members of the audience.
PLEDGE OF ALLEGIANCE
Chairman Adler led the Pledge of Allegiance.
ROLL CALL
PRESENT: Bill Adler, Chairman
Helen Dankwerth, Vice Chairman
John Bohl, Member
Michael Schoeppach, Member
EXCUSED: Stephen Roach, Member
ALSO PRESENT:
Mike Zinkin, Council Liaison
Joe Andrews, Chief Civil Deputy Town Attorney
Paul Keesler, Director/Town Engineer
REGULAR AGENDA
August 7, 2013 Board of Adjustment Meeting July 23, 2013 Page 1 of 6
1. APPROVAL OF THE JUNE 25, 2013 STUDY/REGULAR SESSION MINUTES.
MOTION: A motion was made by Chair Adler and seconded by Vice Chair Dankwerth to
Approve the June 25, 2013 Study/Regular Session Minutes.
MOTION carried, 4-0.
2. REQUEST FOR A VARIANCE FOR THE BRAMBLE RESIDENCE AT 10709
NORTH HEWITT PLACE TO REDUCE THE REQUIRED REAR YARD
SETBACK FROM 10'-0' FOR A PATIO COVER AND FROM 5' TO 0' FOR A
SPA, OV1013-06.
Patty Hayes, Senior Planning Technician, presented a Staff Report detailing the
following:
-Approvals to date
-Location Map
-Vicinity Map
-Applicant's Proposal
-Rivers Edge II Lot 18 image
-Site Photo from Common Area to rear of property
-Site Photos from inside the yard
-Public Notice
-Variance Criteria Five Findings
-Summary
Jennifer Bramble, Oro Valley Resident and Applicant, explained why she felt their
request fit the five variance criteria. Mrs. Bramble stated she and her husband were
unprepared for the extreme sun and heat on the back of their house. She felt they have
limited options to explore for their back yard.
Alex Pestes, Oro Valley Resident, stated he is opposed to the requested setback
variance as it may set a precedence for neighboring properties.
Thomas Kamoske, Oro Valley Resident, stated he is opposed to the setback request as
the proximity of the spa to the wall could be a potential drowning hazard for children.
MOTION: A motion was made by Chairman Adler and seconded by Member Bohl to
Approve the Bramble request for a variance, OV1013-10
MOTION carried, 3-1 with Member Schoeppach opposed.
August 7,2013 Board of Adjustment Meeting July 23, 2013 Page 2 of 6
3. REQUEST FOR A VARIANCE BY MERITAGE HOMES AT 13060 NORTH
ARTIFACT CANYON LANE TO ALLOW GRADING INTO 4,100 SQUARE FEET
OF PROTECTED HILLSIDE AREA FOR CONSTRUCTION OF A HOUSE,
OV1013-10.
Patty Hayes, Senior Planning Technician, presented a Staff Report detailing the
following:
-Vicinity Map
-Request Details
-Aerial Photo
-Applicant's Proposal
-Details
-Rancho Vistoso PAD
-Site Photo
-Public Notice
-Variance Criteria
-Summary
Meritage Representatives, Jeff Grobstein - Oro Valley Resident, and Jeff Garrett,
Tucson Resident, presented the builder's case for the variance.
Heather Nenadovich, Oro Valley Resident, expressed her opposition to the
proposed variance, as it may set a precedence for other developers.
Don Bristow, Oro Valley Resident, is also opposed to the proposed variance. Mr.
Bristow believes the builder knew the limitations of this particular lot, and the builder has
not met the required variance criteria in their request.
John Musolf, Oro Valley Resident, feels the approval of this request would be a display
of preferential treatment as he believes there are other properties in Rancho Vistoso
which have similar land situations, however they do not have a variance.
MOTION: A motion was made by Chair Adler and seconded by Member Schoeppach to
Approve the variance for 13060 North Artifact Canyon Lane, for Meritage Homes,
OV1013-10
MOTION carried, 4-0.
4. REQUEST FOR A VARIANCE FOR THE YING PROPERTY AT 10645 NORTH
August 7, 2013 Board of Adjustment Meeting July 23, 2013 Page 3 of 6
PISTACHIO AVE. TO INCREASE THE BUILDING HEIGHT FROM 18'-21',
OV1013-11.
Patty Hayes, Senior Planning Technician, presented a Staff Report detailing the
following:
-Approvals to Date
-Location Map
-Vicinity Map
-Request Details'
-Applicant's proposal
-Applicant's proposal, image two
-Aerial photo
-Public Notice
-Public input
-Variance Criteria
-Summary
Ron Price, Tucson resident and builder, presented a two-by-four wooden structure to
visually demonstrate the requested three foot height increase for the Board and
audience.
David Major, Tucson resident and applicant on behalf of the builder, believes the three
foot variance would be of minimal impact to neighboring views. Mr. Major explained the
three foot variance is more for aesthetic reasons, rather than necessity. The proposed
observatory would look better with the three foot peak, rather than a flat or angled roof
design.
Terril Herst, Oro Valley Resident, expressed his opposition to the Ying family variance
request. Mr. Herst then distributed a packet of statements and photographs he had
gathered from his neighbors.
Dorothy Ramirez, Oro Valley Resident, is also opposed to the Ying variance. Mrs.
Ramenez fears she could lose her view of the mountains.
John Christos, Oro Valley Resident, expressed his opposition to the Ying family
variance request. Mr. Christos feels the proposed variance will negatively impact the
property value of the homes in Canada Hills Estates.
August 7,2013 Board of Adjustment Meeting July 23, 2013 Page 4 of 6
Mr. Frank Roth, Oro Valley Resident and President of the Canada Hills Estates HOA,
believes the homeowner could build the observation deck and room without the
requested three foot variance.
Lisa Stern, Oro Valley Resident, expressed concern that the proposed height variance
could block her current view of the mountains.
MOTION: A motion was made by Member Schoeppach deny the Ying request for a
variance, OV1013-11
MOTION carried, 4-0.
PLANNING UPDATE (INFORMATIONAL ONLY)
Chad Daines, Principal Planner, informed the Board and audience of an upcoming
neighborhood meeting, Wednesday, July 24th at 6 PM in the Palo Verde Room at the
Casa Church, located at 10801 N. La Canada to discuss a possible rezoning of 43
acres from R1-144 to R1-7, the area is located at the southwest corner of Naranja Drive
and La Cholla Boulevard.
At the July 3rd Town Council meeting, Council approved the Planning Work Plan for the
next two years. The work plan included a number of important studies and initiatives
which will assist to implement community goals including the Tangerine Road Area
Plan, Arts & Culture District, Housekeeping Amendments to the Zoning Code and the
Naranja Park Planning.
Planning staff is currently developing several amendments to the Zoning Code including
the ESL Applicability to General Plan Amendments and Public Artwork provisions.
ADJOURNMENT
MOTION: A motion was made by Chairman Adler and seconded by Member
Schoeppach to Adjourn at 4:49 PM.
MOTION carried, 4-0.
August 7, 2013 Board of Adjustment Meeting July 23, 2013 Page 5 of 6
• _I 0A(A.2,,k
Kimberly J. Kernohan - Sickelbower
Recording Secretary
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the
Board of Adjustment Regular Session for the Town of Oro Valley, Arizona held on the 23rd day
of July, 2013. I further certify that the meeting was duly called and held and that a quorum was
present.
August 7, 2013 Board of Adjustment Meeting July 23, 2013 Page 6 of 6