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HomeMy WebLinkAboutMinutes - Board of Adjustment - 8/28/2012 MINUTES ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION August 28, 2012 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE CALL TO ORDER AT OR AFTER 3:00 PM Chair Adler called the meeting to order at 3:00 p.m. ROLL CALL PRESENT: Bill Adler, Chairman Helen Dankwerth, Member Michael Schoeppach, Member Stephen Roach, Member EXCUSED: John Bohl, Member ORDER OF BUSINESS REGULAR AGENDA 1. REVIEW OF THE MARCH 27, 2012 MINUTES 2. DISCUSSION AND POSSIBLE RECOMMENDATION TO TOWN COUNCIL CONCERNING THE PROCESSING OF GRADING EXCEPTIONS Chair Adler started the discussion of Item #2 for the Board of Adjustment to serve in an advisory capacity for grading exceptions, replacing the Conceptual Design Review Board (CDRB) which presently handles grading exceptions. Chair Adler asked Town Planning Manager David Williams for his input. Mr. Williams stated that Chapter 22.9 of the town zoning code is where the grading waiver and exception authority rules exist, including that CDRB is a deciding body for grading exceptions and Town Council is the appeal body for grading exception decisions. There is an agenda item for the September 5, 2012 Council meeting to change the authority to make the CDRB the recommending body and the Council as the deciding body. Grading exceptions are design issues and the CDRB is equipped for those types of reviews as a design review board. Town Director of Development and Infrastructure Services Paul Keesler who was present at the meeting supported Mr. William's statements and added that the CDRB members have technical individuals (e.g. engineers and architects). He reiterated that 8/28/12 Board of Adjustment Regular Session Meeting Minutes 1 Council wants to move grading exceptions to a Council approval, and town staff believe the CDRB is a good board to hear these matters and to make recommendations. MOTION: A motion was made by Member Adler and seconded by Member Schoeppach to Approve Board of Adjustment be considered as an alternative advisory body on grading exceptions when Council reviews its preferences for grading exceptions. MOTION carried, 4-0. 3. DISCUSSION AND POSSIBLE RECOMMENDATION TO TOWN COUNCIL CONCERNING THE LEVEL OF DETAIL IN BOARD OF ADJUSTMENT MINUTES Chair Adler started the discussion about the level and importance of more detail in action minutes so that board decisions are accurately conveyed in the action minutes. MOTION: A motion was made by Member Adler and seconded by Member Roach to approve recommending to Mayor and Counsel that the Board of Adjustment minutes include an explanation from the maker and seconder of the motion. Town Attorney Joe Andrews suggested that the board submit this item to the Agenda Committee and request it to be placed on an agenda for Mayor and Council at a future public meeting. A Friendly amendment was made by Member Mike Schoeppach that anyone opposed to a motion should state their reasons. Member Stephen Roach indicated he was reluctant on the motion. Member Helen Dankwerth indicated synopsis minutes are not in the best interest of legal decisions or plaintiffs. MOTION failed, 2-2 with Member Dankwerth and Member Roach opposed. MOTION: A motion was made by Member Dankwerth and seconded by Member Adler to Approve to table this Item #2 indefinitely. MOTION carried, 4-0. 4. PLANNING UPDATE Town Planning Manager David Williams provided the following updates: A public outreach meeting is on August 29, 2012 at 6:00 p.m. at Ventana Medical for the Economic Expansion Zone project to streamline development review such as Neighborhood 3 of Rancho Vistoso and Innovation Park. Town staff met with the Sun 8/28/12 Board of Adjustment Regular Session Meeting Minutes 2 City Homeowners Association on this project on August 28, 2012 and will be at Vistoso Community Association on August 30, 2012 doing a presentation. A public hearing is scheduled for September 4, 2012 but may be postponed depending on the outcome of the August 30, 2012 meeting. The El Conquistador PAD amendment was scheduled for a public hearing on September 4, 2012; however since they are re-writing their application, the meeting is delayed until September 18, 2012 for public hearing. This hearing is related to signs, generated by Fry's expansion to build a gas station and additional signage associated with the gas station. Thus, a Special Meeting is planned on September 18, 2012. This week Council Members are attending the Arizona League of Cities Conference. 5. FUTURE AGENDA ITEMS Member Schoeppach wants the action minutes item put on the next Board of Adjustment meeting. Member Dankwerth wants all five (5) Board of Adjustment members to be present when voting on the action minutes item. Chair Adler wanted to add an agenda item to a future meeting regarding an amendment to the town code on cell tower heights. Chair Adler also wanted to add a future agenda item for a discussion to clarify when it is permitted for a member to move to suspend the rules as a parliamentary procedure for suspension of rules, so members can know when that is permitted. ADJOURNMENT MOTION: A motion was made by Member Schoeppach and seconded by Member Adler to Approve to adjourn the meeting. MOTION carried, 4-0. Prepan,, b . Grosvenor Recording Secretary 8/28/12 Board of Adjustment Regular Session Meeting Minutes 3 I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session of the Board of Adjustment meeting held on the 28th day of August,2012. I further certify that the meeting was duly called and held and that a quorum was present. Dated this �� day of oripfri— , 2012. AP dier onnie Grosvenor Recording Secretary 8/28/12 Board of Adjustment Regular Session Meeting Minutes 4