HomeMy WebLinkAboutMinutes - Board of Adjustment - 7/28/2009 MINUTES
ORO VALLEY BOARD OF ADJUSTMENT
REGULAR SESSION
July 28, 2009
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
CALL TO ORDER
ROLL CALL
PRESENT: Jeremy Christopher, Chair
Jimmy Fields, Vice Chair
John Hickey, Member
Paul Parisi, Member
MINUTES: Approval of the Minutes of January 27, 2009, Regular Session.
MOTION: A motion was made by Member Hickey and seconded by Vice Chair
Fields to approve the minutes of the January 27, 2008 Regular session.
MOTION carried, 4-0.
PUBLIC HEARINGS:
1. CASE NO: OV10-09-01, Merle Sampson, represented by Dennis
Robinson, is requesting a variance from the location requirement of a
detached accessory building. The request is to allow a detached
guest house to be built in from of the main house. Subject parcel #
219-23-0130 is located at 13350 N. Kachina Drive, Oro Valley, AZ,
85737.
Chair Christopher swore in Dennis Robinson who spoke on behalf of the
applicant, Merle Sampson.
Mr. Robinson stated that he also lived in the airpark and would build the guest
house for Mr. Sampson. He acknowledged that an outbuilding could not be
located in front of the main house. He stated that:
• Most of the homes faced the runway.
• They were trying to keep the guest house behind the main house and away
from the runway for safety reasons.
• It was not a visual issue but a zoning issue.
• Many homeowners wanted to have their outbuildings kept away from the
runway.
Vice Chair Fields questioned with whom the owner made an agreement. Mr.
Robinson answered that the agreement was made with an adjoining neighbor to
the north of the property named Skip Walker. He stated that Mr. Sampson had
07/28/09 Minutes, Board of Adjustment 2
promised Mr. Walker that he would not build in his view corridor which was along
the runway.
It was estimated that the home had been built in the 1970's.
Zoning Inspector Patty Hayes presented the staff report. She stated that the
applicant requested a variance to allow a detached guest house to be built in
front of the main house between the main house and the street. Ms. Hayes
explained that Oro Valley Town Code required that detached accessory buildings
must be built to the side of or behind the house.
She noted that the La Cholla Airpark was the only airpark within Town limits and
had special zoning. She stated that the special zoning permitted homeowners to
build hangars in front of the house.
Ms. Hayes noted that the applicant had access to the runway at the rear of the
property. She stated that the applicant expressed safety concerns regarding
placing the guest house at the rear of the property.
Additionally, Ms. Hayes noted that:
♦ The front yard setback for the property was fifty feet.
♦ The property was posted with a notice of hearing.
♦ Property owners were notified by mail
o There were no responses in favor of or against the variance.
It was noted that:
♦ Kachina Drive was a private roadway.
♦ There had not been cases similar to this request in many years.
♦ It was unknown whether this request would have been granted prior to the
annexation of the area to the Town.
Chair Christopher opened the public hearing.
President of La Cholla Airpark Corporation, Bill Edding, stated that Pima County
would have allowed such a request and building in front of the house had
happened in the past. He stated that Town Code limited homeowners on the use
of up to 2/3 of their lot which limited property values. He stated that Mr. Sampson
could go to the extent of having his address changed so that the runway would
be located at the front of the house.
MOTION: A motion was made by Vice Chair Fields and seconded by Member
Hickey to approve the variance to allow a detached guest house to be built in
front of the main house on subject parcel # 219-23-0130 located at 13350 N.
Kachina Drive, Oro Valley, Arizona 85737.
MOTION carried, 4-0.
ADJOURNMENT
07/28/09 Minutes, Board of Adjustment 3
MOTION: A motion was made by Member Hickey and seconded by Vice Chair
Fields to adjourn the meeting at 3:10 p.m.
MOTION carried, 4-0.
Prepared by:
Chris ina Pickering
Senior Office Specialist