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HomeMy WebLinkAboutMinutes - Board of Adjustment - 5/28/2013 MINUTES ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION May 28, 2013 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE CALL TO ORDER AT OR AFTER 3:00 PM ROLL CALL PRESENT: Bill Adler, Chair Helen Dankwerth, Vice Chair John Bohl, Member Michael Schoeppach, Member Stephen Roach, Member Also Present: Mike Zinkin, Council Member Joe Andrews, Oro Valley Chief Civil Deputy Attorney ORDER OF BUSINESS Chair Adler recommended changing the order of the agenda, item number OV1013-05, will be heard first. REGULAR AGENDA 1. APPROVAL OF THE APRIL 23, 2013 MEETING MINUTES MOTION: A motion was made by Vice Chair Dankwerth and seconded by Member Schoeppach to Approve the April 23, 2013 meeting minutes. MOTION carried, 5-0. 5. REQUEST FOR A VARIANCE FOR LOT 59 IN THE VERDE CATALINA TOWNHOUSES TO REDUCE THE REQUIRED REAR YARD SETBACK FROM 10' TO 0' AND REDUCE THE MINIMUM DISTANCE BETWEEN BUILDINGS FROM 10' TO 0' FOR A COVERED PORCH ADDITION, LOCATED AT 8335 N. VERDE CATALINA DRIVE, OV1013-05. Patty Hayes, Zoning Plans Examiner, Staff Presentation - Location map -Zoning Page 1 of 6 06/07/2013 Board of Adjustment Regular Session - Request Details -Verde Catalina - Public Input - Summary/Conclusion -Variance Criteria Five Findings Applicant, Brian Beamish presented his request to the Board of Adjustments. Applicant Beamish would appreciate having the patio roofing extended to assist in protecting his artwork from sun and rain. Robert Barth, Oro Valley resident indicated he is opposed to the structure, because the structure is not truly connected to the building itself. Further, he is not supportive of the variances in residential architecture. Fran Young Oro Valley Resident. Mrs. Young is opposed to the variance request, due to her believing the townhouses should have a continuity of design throughout their community. In addition, Mrs. Young is concerned with the water run-off, should the roofing be permitted. Gordon Young, Oro Valley Resident, opposed to the proposed variance due to the metal roof being unsightly. Mr. Young voiced his concerns with the water run-off potentially causing erosion or a ditch in the walking path area. Larry Tucci, Oro Valley Resident, expressed he is opposed to the variance due to the rain potentially running off. Mr. Tucci also stated there is a strong odor created by the applicant's kelm. Jim Seppala, Oro Valley resident, lives behind applicant. States Mr. Beamish did not obtain an approval from HOA prior to the building of the structure. Mr. Seppala is unsupportive of the proposed variance. Jackie Ramsey Oro Valley Resident - not opposed to the proposed variance. She stated there is no odor nor issue as far as she knew. MOTION: A motion was made by Vice Chair Dankwerth and seconded by Member Bohl to Approve the variance. Chair Adler proposed a Friendly amendment there should be a discussion with staff regarding the final design of the roof which was accepted by Vice Chair Dankwerth. MOTION carried, 4-1 with Member Roach opposed. 2. REQUEST FOR A VARIANCE FOR LOT 599 IN RANCHO FELIZ TO REDUCE THE REQUIRED FRONT YARD SETBACK FROM 30' TO 26' FOR A GARAGE ADDITION, LOCATED AT 9860 N. CALLE SOLANO, OV1013-03. Page 2 of 6 06/07/2013 Board of Adjustment Regular Session Patty Hayes, Zoning Plans Examiner, Staff Presentation -Approvals to date - Location Map - Rancho Feliz lot 599 -Applicant's Proposal - Public Input - Summary -Variance Criteria Five Findings Barbara Stout, Oro Valley Resident and applicant, stated the design of the proposed garage would allow for a work bench as well as allow her husband to work on their vehicles inside of their garage. MOTION: A motion was made by Member Schoeppach and seconded by Member Roach to deny the variance request for lot 599 in Rancho Feliz, OV1013-03. MOTION carried 3-2 with Vice Chair Dankwerth and Member Bohl opposed. 4. REQUEST FOR A VARIANCE FOR LOT 84 IN RANCHO CATALINA TO REDUCE THE REQUIRED REAR YARD SETBACK FROM 40' TO 33' FOR A GARAGE ADDITION, LOCATED AT 325 E. FOUR HORSES, OV1013-07. Rosevelt Arellano, Planner, Staff Report -Approvals to Date - Request - Satelite image -Adjacent Properties -Applicants Plot Plan - Summary -Variance Criteria Fie Findings Mike &Terry Powelson, Applicants and Oro Valley Residents - presented their application for variance. Lamar Lovik, Oro Valley Resident, expressed he is opposed to the proposed rear yard setback variance, due to the homeowner's business being run from the property. And water run-off from the roof. James Capasso, Oro Valley Resident, is opposed to this variance due to there having been a garage when the property owner purchased the property stated due to the noise. Page 3 of 6 06/07/2013 Board of Adjustment Regular Session Gloria Wyckoff, Oro Valley resident, stated she is opposed to the variance. She suggested the owner reduce the size of the garage. Mrs. Wyckoff is concerned with the destruction of the natural desert landscape. Rosevelt Arellano, Planner, presented an email which was received by staff from Oro Valley Resident Robert Crawford, expressing his concerns with the variance due to the water run off. Mr. Crawford opposes the variance. MOTION: A motion was made by Member Bohl and seconded by Vice Chair Dankwerth to Approve the variance request for lot 84 in Rancho Catalina, OV1013-07, MOTION carried, 5-0. 3. REQUEST FOR A VARIANCE FOR LOT 1 IN RANCHO VISTOSO NEIGHBORHOOD 10 PARCEL S TO REDUCE THE REQUIRED REAR YARD SETBACK FROM 10' TO 5' TO BUILD A NEW HOUSE, LOCATED AT 1078 W. REDLANDS DRIVE, OV1013-04. Patty Hayes, Zoning Plans Examiner, Staff Presentation - Location Map - RV NH 20Par SLot 1 - Request Details -Applicant's proposal - Corner Lots - Summary -Variance Criteria Five Findings Sean Rich, Representative of Richmond American, provided Richmond American's reasoning behind requesting the variance. MOTION: A motion was made by Member Roach and seconded by Member Bohl to Approve the request for Variance at 1078 W. Redlands Drive, OV1013-04, MOTION carried, 5-0. 6. REQUEST FOR A VARIANCE FOR LOT 18 IN RIVERS EDGE II TO REDUCE THE REQUIRED REAR YARD SETBACK FROM 10' TO 0' FOR A PORCH ADDITION AND SPA, LOCATED AT 10709 N. HEWITT PLACE, OV1013-06. Patty Hayes, Zoning Plans Examiner, Staff Presentation - Location Map - Request Details -Applicant's proposal - Rivers Edge II lot 18 - Public Input Page 4 of 6 06/07/2013 Board of Adjustment Regular Session - Summary -Variance Criteria Five Findings Eric Bramble, Oro Valley Resident and Applicant. The applicant stated the builder set the house on the setback on nearly all sides. Mr. Bramble states because of the way the house faces, the summer sun heats the rear of their residence. In order to provide relief from the summer heat on the rear of their home they are requesting the variance. Judy McElroy, Oro Valley resident, and representative of the Homeowners Association, stated she is in favor of the variance, as well as the Homeowners Association having approved of the request within the Association. MOTION: A motion was made by Vice Chair Dankwerth and seconded by Member Bohl to Approve the request for variance for lot 18 in Rivers Edge II, OV1013-06, MOTION failed 2-3 with Chair Adler, Member Schoeppach, and Member Roach opposed. PLANNING UPDATE (INFORMATIONAL ONLY) Chad Daines, Principal Planner, Presented an update to the Board. Major General Plan amendment window has closed. Three amendments were filed. One for Olson Property on Moor Rd. and Miller Ranch and Rancho Vistoso 11-J. Staff has been working on a General Plan Awareness Plan to educate the community on the General Plan process. Staff is also working on a Planning Work program. FUTURE AGENDA ITEMS Chad Daines, Principal Planner stated at the upcoming June Meeting there is one application for a pool variance. There may also be one additional application to be heard. Chair Adler requested Staff include a discussion regarding an application deadline. Chair Adler would also like to discuss requiring typed or electronic applications. ADJOURNMENT MOTION: A motion was made by Member Schoeppach and seconded by Member Roach to Adjourn the Board of Adjustment Meeting. MOTION carried, 5-0. Page 5 of 6 06/07/2013 Board of Adjustment Regular Session C7/?-4.06(1041114•6 kalA,gt.a).Q. 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 of Oro Valley, Arizona held on the 28th day of May 2013. I further certify that the meeting was duly called and held and that a quorum was present. Page 6 of 6 06/07/2013 Board of Adjustment Regular Session