HomeMy WebLinkAboutMinutes - Board of Adjustment - 6/25/2013 MINUTES
ORO VALLEY BOARD OF ADJUSTMENT
*AMENDED (6/14/13, 2:00 PM)
STUDY/REGULAR SESSION
June 25, 2013
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
*STUDY SESSION CALL TO ORDER AT OR AFTER 3:00 PM
Chair Adler called the Board of Adjustment Study Session to order at 3:00 P.M.
*ROLL CALL
PRESENT: Bill Adler, Chair
Helen Dankwerth, Vice Chair
John Bohl, Member
Stephen Roach, Member
Michael Schoeppach, Member
ALSO PRESENT: Greg Caton, Town Manager
Mike Zinkin, Council Liaison
Joe Andrews, Chief Civil Deputy Town Attorney
Paul Keesler, Director/Town Engineer
*ORDER OF BUSINESS
Chair Adler reviewed the objectives of the study session, with regards to the letter from
David Williams, Planning Division Manager, which was included in the Board of
Adjustment meeting packet.
*STUDY SESSION AGENDA
*1. DISCUSSION REGARDING THE FIVE VARIANCE CRITERIA AND SOUND AND
DEFENSIBLE DECISION MAKING BY THE BOARD OF ADJUSTMENT
Joe Andrews, Oro Valley Chief Civil Deputy Attorney, and Greg Caton, Town Manager,
both reiterated the need for the Board of Adjustment Members to follow the five findings
for all cases heard by the Board. A variance must meet all five findings in order to
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be approved.
*ADJOURNMENT
MOTION: A motion was made by Vice Chair Dankwerth and seconded by Member Bohl
to Adjourn was
MOTION carried, 5-0.
REGULAR SESSION CALL TO ORDER AT OR AFTER 3:00 PM
Chair Adler called the Regular Board of Adjustment Session to order at 3:30 P.M.
ROLL CALL
PRESENT: Bill Adler, Chair
Helen Dankwerth, Vice Chair
John Bohl, Member
Stephen Roach, Member
Michael Schoeppach, Member
ALSO PRESENT: Greg Caton, Town Manager
Mike Zinkin, Council Liaison
Joe Andrews, Chief Civil Deputy Town Attorney
Paul Keesler, Director/Town Engineer
ORDER OF BUSINESS
Chair Adler introduced the process by which a citizen may speak, and general
housekeeping information for the members of the audience.
REGULAR AGENDA
1. APPROVAL OF THE MAY 28, 2013 MEETING MINUTES
Member Shoeppach noted minor changes to page 3 of the May 28, 2013 Meeting
Minutes.
MOTION: A motion was made by Member Schoeppach and seconded by Member Bohl
to Approve the Oro Valley Board of Adjustment Meeting minutes for May 28, 2013, as
amended.
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MOTION carried, 5-0.
2. DISCUSSION AND POSSIBLE ACTION TO RECONSIDER, AT A FUTURE
MEETING, THE BRAMBLE VARIANCE CASE OV1013-06, LOCATED AT 10709
N. HEWITT PLACE.
MOTION: A motion was made by Chair Adler and seconded by Member Schoeppach to
Reconsider the Bramble Variance case OV1013-06, located at 10709 N. Hewitt Place,
at a future meeting.
MOTION carried, 5-0.
3. VARIANCE FOR THE WEISS RESIDENCE AT 1044 LONE MESQUITE DRIVE
FOR A FRONT YARD SETBACK REDUCTION FROM 20' TO 10' FOR A
SWIMMING POOL, OV1013-08.
Patty Hayes, Senior Planning Technician, presented a Staff Report detailing the
following:
-Approvals to Date
-Location Map
-Subdivision Photo
-Request Details
-Applicant's Proposal
-Weiss Lot 22 Image
-Weiss Lot 22 Image (2)
-Public Input
-Variance Criteria
-Summary
Chair Adler requested clarification regarding Criteria 1 and 3, from staff.
Rudy Poe of Realm Environments, explained the thought process behind the design of
the pool on the Weiss property. Mr. Poe explained the back yard does not allow for a
pool; the yard is too small for the size of pool being proposed. Mr. Poe also feels the
proposed design would meet the needs of the Weiss family, as well as compliment the
aesthetics of their property.
Mr. Weiss, the property owner and an Oro Valley Resident, confirmed the reasoning
behind the proposed design and location.
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MOTION: A motion was made by Chair Adler deny OV1013-08 as Chair Adler did not
feel Criteria 1 and 3 were met. The motion died for lack of a second.
MOTION: A motion was made by Vice Chair Dankwerth and seconded by Member Bohl
to Approve OV1013-08.
MOTION carried, 4-1 with Chair Adler opposed.
4. VARIANCE FOR THE BRASHEAR RESIDENCE AT 10260 NORTH RANCHO
SONORA DRIVE TO REDUCE THE REAR SETBACK FROM 40' TO 35' AS
RELATED TO A GUEST HOUSE, OV1013-09.
Hillary Turby, Senior Planner, presented a staff report detailing the following
information:
-Approvals To Date
-Location Map
-Request Details
-Applicant's Proposal
-Brashear Property Details
-Public Input
-Five Criteria
-Summary
Terry Brashier, Oro Valley Resident and Applicant, reviewed the history of the house
and the placement of the building to gain maximum exposure to sunlight for the solar
panels. Mr. Brashier clarified the height difference between the house and storage
structure recently built on his property.
Benus Arnold, Oro Valley Resident, expressed she is opposed to the variance request
by Mr. Brashier. Mrs. Arnold is concerned with her ability to see or have a good view
from her home.
Karen Stratman, Oro Valley Resident, strongly disapproves of the variance request from
Mr. Brashier. Mrs. Stratman expressed concern regarding the height of the structure,
and the obstruction of her views.
Liz Rullo, Oro Valley Resident, feels the request from Mr. Brashier is for a two story
home. Mrs. Rullo is opposed to the setback reduction, as Mr. Brashier's property is
large enough to find an alternate location for his proposed build without impacting his
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neighbors. Mrs. Rullo is also concerned this will set a precedence for these exceptions
and reductions in their neighborhood. Mrs. Rullo further challenged the definition
provided for "attached structure", as Mr. Brashier's guest house would be connected by
a breezeway several feet wide to the main house.
Paul Keesler, Development and Infrastructure Services Director, reassured the
audience and Board members that there would be a point in the permitting process
where all of the drainage issues would be addressed and resolved.
MOTION: A motion was made by Member Roach and seconded by Vice Chair
Dankwerth to Approve OV1013-09.
MOTION carried, 4-1 with Member Schoeppach opposed.
PLANNING UPDATE (INFORMATIONAL ONLY)
Chad Daines, Principal Planner, updated Members of the Board of
Adjustment regarding Mike Arnold's case from April. Mr. Arnold had requested a rear
yard setback variance, as well as a hillside development applicability exception, both of
which were approved by the Board of Adjustment. A related case regarding a
modification of the conservation easement for this property went before the Town
Council and was approved on June 5th.
There is a neighborhood meeting tonight in the Library Program Room, regarding the
Retreat at Stone Canyon, a single family residential subdivision in Rancho Vistoso.
In addition to the Bramble variance, there is another request for a variance on the July
23rd Board of Adjustment meeting agenda from Meritage Homes.
FUTURE AGENDA ITEMS
Chair Adler asked the Board Members for future agenda items to be considered. There
were no future agenda items to be added by the Board members at this time.
ADJOURNMENT
MOTION: A motion was made by Vice Chair Dankwerth and seconded by Member Bohl
to Adjourn. Chair Adler and the Board of Adjustment Members Adjourned the Regular
Session at 4:37 P.M.
MOTION carried, 5-0.
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Kimberly 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 Study Session for The Town of Oro Valley, Arizona held on the 25th day of
June, 2013. I further certify that the meeting was duly called and held and that a quorum was
present.
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