HomeMy WebLinkAboutMinutes - Board of Adjustment - 4/22/2008 MINUTES
ORO VALLEY BOARD OF ADJUSTMENT
REGULAR SESSION
April 22, 2008
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
CALL TO ORDER - at or after 3:00 p.m.
ROLL CALL
PRESENT: Colleen Kessler, Member
Paul Parisi, Member
Bart Schannep, Member
EXCUSED: John Hickey, Member
MINUTES Approval of the Minutes of March 25, 2008.
MOTION: A motion was made by Member Schannep and seconded by Member
Parisi to approve the minutes of the March 25, 2008 meeting as presented.
MOTION carried, 3-0.
1. PUBLIC HEARINGS:
CASE NO: OV10-08-03, Liza and Tony Taylor, requests a variance from the
required 15' side yard setback to 8'. Subject (parcel #219-50-2720) located at
989 W. Dancing Rain Court, Oro Valley, AZ, 85755.
Chair Kessler swore in the applicants.
Mr. Taylor introduced Buzz Nichols of Clark Pools stating that he was available
to answer any technical questions.
Mr. Taylor stated that he and his wife found that their pool plans were in violation
of the required side yard setback when they submitted their plans to the Town for
a pool permit. He stated that due to the positioning of the house on the lot,
the backyard was located on the side of the house. He noted that there was a
limited amount of space in the yard and due to sloping and vegetation beyond
the backyard wall their options were limited. He explained that within the yard
walls, space was limited by the built in bar-b-q and flagstone which were installed
by a prior owner. He noted that the pool design was 30 feet long and 16 feet wide
and that they were further restricted by fire egress.
04/22/2008 Minutes, Board of Adjustment 2
It was noted that:
♦ Behind the Taylor's yard was a 100 year flood plain.
♦ The pool would be located within the property line; within 5 feet of the fence.
♦ Neighbors have been notified and gave their approval.
♦ The Homeowners Association approved the plan
♦ The design allows for working to keep the trees.
Zoning Inspector Patty Hayes presented the Staff report. She stated that:
♦ The pool would encroach 7 feet into the side yard setback.
♦ The required side yard setback in an R-120 zone is 15 feet.
♦ All property owners within 300 feet of the property were notified by mail.
♦ The property was posted with a Notice of Hearing.
♦ It was noticed online and in the Daily Territorial newspaper.
♦ No comments had been made in support or opposition.
♦ No inquiries about this case had been made.
♦ The retaining wall and screen wall were built in 2002.
♦ Oro Valley Zoning Code 25-2-D1 allowed an exception for a rear yard setback
for swimming pools.
♦ Oro Valley Zoning Code 25-2-D2 did not allow for a side yard setback
exception.
Chair Kessler opened the public hearing at 3:13 p.m. There being no speakers,
she closed the public hearing.
Mrs. Taylor noted that the realty sales flyer promoted that there was plenty of
room to build a pool. She stressed that the pool was very important to their
family.
MOTION: A motion was made by Member Schannep and seconded by Member
Parisi to approve Case Number OV10-08-03, a request for a variance from the
required 15' side yard setback to 8'. Subject (parcel #219-50-2720) located at
989 W. Dancing Rain Court, Oro Valley, AZ 85755
Member Schannep stated that this was not granting a special condition or
privilege. He noted that due to the topography and the positioning of the neighbor
to east, there was no detriment in this case.
Member Parisi concurred.
Chair Kessler agreed noting that the positioning of the house was awkward. She
stated that the pool would be within the confines of the wall and that they had a
right to make use of their property.
MOTION carried, 3-0.
04/22/2008 Minutes, Board of Adjustment 3
2. PLANNING AND ZONING UPDATE
Senior Zoning Inspector Dee Widero presented the Planning and Zoning
update. She informed the Board that Member Martin had resigned as he
has moved out of town limits.
Ms. Widero stated that the rules and regulations for the Board of Adjustment
needed to be reviewed. She asked the Board to forward any changes to her.
ADJOURNMENT
MOTION: A motion was made by Member Schannep and seconded by Member
Parisi to adjourn at 3:20 p.m.
MOTION carried, 3-0.
Prepared by:
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Christina Pick ring
Office Specialist