HomeMy WebLinkAboutMinutes - Board of Adjustment - 9/28/2010 s
MINUTES
ORO VALLEY BOARD OF ADJUSTMENT
REGULAR SESSION
September 28, 2010
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
CALL TO ORDER: At or after 3:00 p.m.
Chair Hoy-Johnson called the meeting to order at 3:02 p.m.
ROLL CALL
PRESENT: Sandra Hoy-Johnson, Chairman
Paul Parisi, Vice Chair
Jimmy Fields, Member
Jeremy Christopher, Member
EXCUSED: John Hickey, Member
MINUTES: Approval of the Minutes of July 27, 2010 and August 24, 2010.
MOTION: A motion was made by Vice Chair Parisi and seconded by Member
Christopher to approve the minutes of July 27, 2010 and August 24, 2010.
MOTION carried, 4-0.
AT THE CALL OF THE CHAIR, THE AGENDA ITEMS MAY BE TAKEN IN ANY
ORDER, AS DEEMED APPROPRIATE.
PUBLIC HEARINGS:
1. OV1010-08, Stephen Aykroyd and Jennifer Klose, Trustees, on behalf of
the Aykroyd Family Trust, request a variance from the Oro Valley Zoning
Code Revised Section 23.4, Table of Dimensional Requirements, R1-43
Single Family Residential District required twenty foot side yard setback
and Oro Valley Zoning Code Revised Section 25.2.D, Swimming Pools.
Subject: Parcel # 224-32-0390 located at 585 W. Atua Place, Oro Valley,
AZ 85737. For questions and additional information, please contact Karen
Berchtold, Senior Planner, at (520) 229-4814 or
kberchtold@orovalleyaz.gov
Chair Hoy-Johnson swore in the applicants, Jeff Aykroyd and Jennifer Klose.
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Mr. Aykroyd and Ms. Klose presented the board a handout of their PowerPoint
presentation and reviewed it as follows:
- Property Overview
- 585 W Atua Place Aerial Map
- 585 W Atua Place Topographical Map
- Home Site Plan
- Enlarged Site Plan
- Advantages of Approving Variance Request
- Proposed Safe & Neighborhood Desirable Pool Location Built Into Side Yard
Setback
- Variance Request Criteria #1
- Variance Request Criteria #2
- Variance Request Criteria #3
- Variance Request Criteria #4
- Variance Request Criteria #5
- Proposed Pool Location Relative to Neighbor to the East
- Summary
Member Fields said building closer to the 15 foot drop did not seem to be safer
than maintaining the 20 foot setback. Ms. Klose said there is not a drop off on
the east side, and reviewed the proposed location.
Vice Chair Parisi requested the dimensions of the swimming pool. Mr. Aykroyd
said the swimming pool would be roughly 40 ft. in length and 20 ft. wide. Vice
Chair Parisi asked if the house could have been designed narrower and longer to
accommodate the square footage. Ms. Klose said it is currently pushed out to
the maximum of every setback line that is on that building pad.
Member Christopher requested the proposed square footage of the home. Mr.
Aykroyd said approximately 5,600 sq. ft. Ms. Klose mentioned that 1,500 sq. ft.
would be the guest house for her two brothers who require special needs.
Chair Hoy-Johnson asked if the entire 1.3 acres was buildable acreage. Ms.
Klose said prior to buying the lot they inquired about increasing the building pad,
but were informed that an adjustment could not be made because a house
existed there previously.
Karen Berchtold, OV Senior Planner, presented the staff report and reviewed the
following:
- Location Map
- Zoning Map
- Aerial Map
- Variance Request
- Site Photos
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- Topography
- BOA Findings
Member Christopher inquired about the cut and fill permitting requirements based
on this proposal. Ms. Berchtold said a retaining wall up to 6 ft. could be created,
or up to 8 ft. if the slopes are terraced.
Chair Hoy-Johnson opened the public hearing at 3:34 p.m.
Oro Valley residents, Jim and Karen Scott, said they were interested in where the
wall would be located as opposed to the pool, because their driveway is
below the proposed area. Prior to the house being demolished, they saw no
runoff and now after every monsoon they are digging their driveway out because
the house is not there and they are not seeing any diversion of the water.
Ms. Berchtold said she observed an area of erosion on the northeast corner and
the applicants would be required to stabilize that with the home development.
Member Christopher asked Mr. and Mrs. Scott if they preferred the wall not be
there at all. Mr. Scott said they are not concerned about the wall, just the runoff.
Chair Hoy-Johnson closed the public hearing at 3:38 p.m.
Ms. Klose and Mr. Aykroyd said they, too, were concerned about the runoff. Ms.
Klose said the architect met with the contractor regarding the grading and all
these concerns have been addressed and are incorporated into the house's
site plan.
MOTION: A motion was made by Member Christopher and seconded by Vice
Chair Parisi to approve OV1010-08, a variance request to encroach 14 ft. into the
20 ft. side yard setback to allow a swimming pool.
Member Christopher said he wanted to elaborate as to why he made the motion.
He said there are topographical concerns that are not the applicant's fault, so
they meet variance criterion one. He pointed out that the previous home was
significantly smaller than other homes in that neighborhood. Member
Christopher said the applicants have gone above and beyond to make sure that
there are no adverse affects to the neighborhood.
Vice Chair Parisi said the variance is not going to affect the runoff, but the
grading and building permit will address it.
Member Fields said it is a buildable lot as is and is not sure the criteria have
been met; they want to build a larger house than they bought a lot for.
Chair Hoy-Johnson thought there might be leeway to maneuver, but it seems the
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applicants are utilizing all their space. She asked if the applicants were able
to build up, since there was a two-story on the property before.
Mr. Aykroyd said one of the limitations they had to address was the maximum
height of 18 feet. He said the stairs for a two-story home would not be practical
for the elderly parents that would be living with them.
Joe Andrews, OV Chief Civil Deputy Town Attorney, pointed out that the previous
home was a legal nonconforming use in that it was built into the setback and the
Town later adopted zoning that made that house not fit within the building
envelope.
MOTION carried, 4-0.
2. Staff Report Update.
Ms. Berchtold said there are no pending cases for BOA next month and gave the
following updates:
-Development plan consideration for Panda Express Restaurant at the Town
Council meeting on October 6, 2010.
-Upcoming Planning & Zoning Commission topics for October and November.
David Williams, OV Planning Division Manager, announced that there are funds
available for board members to obtain training. The annual Arizona Planning &
Zoning Boards and Commission seminar will be held on November 3, 2010, in
Phoenix. Mr. Williams requested that members contact staff as soon as possible
if they were interested in attending.
ADJOURNMENT
MOTION: A motion was made by Member Christopher and seconded by Member
Fields to adjourn the BOA meeting at 3:40 p.m.
MOTION carried, 4-0.
Pre•a red by,
4 —1 aA .1L0
Suz. - Molinar
Recording Secretary
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