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HomeMy WebLinkAboutMinutes - Board of Adjustment - 1/22/2008 MINUTES ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION January 22, 2008 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE Chair Parisi led the audience in the Pledge of Allegiance. CALL TO ORDER: at or after 3:00 p.m. ROLL CALL PRESENT: Paul Parisi, Chair Colleen Kessler, Vice Chair John Hickey, Member Bart Schannep, Member EXCUSED: Andy Martin, Member Member Schannep arrived at 3:10 p.m. MINUTES -Approval of the Minutes for January 29, 2008. MOTION: A motion was made by Vice Chair Kessler and seconded by Member Hickey to approve the minutes from the December 27, 2007 meeting. MOTION carried, 3-0. 1. CASE NO: OV10-07-09, James Vaughn of Sunhaven Homes, representing the owner Keith Vaughn, requests a variance from the required 30' front and rear yard setback to 20' and from the required 18' building height, up to 20', when measured from natural grade on a custom graded lot with a greater than 6% slope. Subject property (parcel #219-50-0290) located at 705 W. Sedona Ridge Place, Oro Valley, AZ, 85737. Chair Parisi swore in the petitioner, James Vaughn. Mr. Vaughn noted that other properties in the area have applied for similar requests. He stated that the special circumstances for the property were as follows: 1. Conservation easement 2. Sloping easement 3. 26 foot cross slope Mr. Vaughn noted the various challenges to building on the lot: 1. The east side along Piping Rock Road was narrow. 2. Sought to build on the flat area to avoid having multiple levels in the home. 3. Drainage issues. Mr. Vaughn asked for a variance for a small portion of a bedroom to be 20 feet high. He stated that the rest of the home will be 18 feet or less in height. He noted that this would encompass approximately 130 square feet of the home. Vice Chair Kessler clarified that the petitioner chose the most level and buildable part of the lot and then ran into the setbacks. She noted that the home was 3,150 square feet which was comparable to the surrounding homes. Chair Parisi clarified that due to the fact that the room would be built lower into the ground, the additional 2 feet in height had to be included. Mr. Vaughn noted that the neighbors did not have any issues with the request. Zoning Inspector Patty Hayes presented the Staff report: • The request was to build a house on a custom graded lot. • This would require a ten foot encroachment into the front and rear yard setbacks which would reduce the setbacks to 20 feet. • Two foot increase in building height for a small portion of the house. • Greater than 6% slope beneath the proposed house. • Property owners within 350 feet of the property were notified. • The request was posted online and in the Daily Territorial Newspaper. • Inquiries were made about the request; though no opposition or support was filed. • The master bedroom was the only portion of the house that exceeded the 18 foot building height. • Irregularly shaped corner lot. • Conservation easement and steep topography on the west side of the property. • The eastern portion of the lot is narrower though better suited for building. It was clarified that the address and access were the key factors used to determine the front and side designations of a corner lot. It was noted that Pima County assigned the address to the lot based on the access designated during the final plat review. Chair Parisi opened public hearing at 3:19 p.m. There being no speakers, he closed the public hearing. Mr. Vaughn addressed Member Schannep's concerns regarding the neighbor to the south of the property. He stated that his home should not affect the neighbor's view. MOTION: A motion was made by Member Hickey and seconded by Member Schannep approve OV 10-07-09 a request to reduce the front and rear yard setback from 30' to 20' and increase the building height from 18' to 20' on the small portion as indicated on the drawings. Member Kessler stated that all criteria had been addressed and met by the applicant. She noted that Mr. Vaughn did the best he could with what he had to work with. Member Schannep stated that the lot was difficult to walk on and could be considered an in-fill lot. He noted that the house was not inappropriately large for the neighborhood and that this exception would be necessary to achieve the full rights of the lot. Member Hickey concurred. He stated that the applicant applied for a minimal variance in order to achieve his goal and therefore he supported the request. Chair Parisi stated that the request met all five findings for a variance. MOTION carried, 4-0. 2. Discussion regarding topography, slope, cut and fill; which may provide better clarification and affect Board of Adjustment decisions. Public Works Development Review Division Manager Paul Keesler stated that he will attach a rider for Staff regarding grading exceptions, to measure building height from finished grade. He recommended that the Board of Adjustment make it part of the exhibit. Discussion followed regarding: • Town Code requirements • Grade measures and the general topography • Lot use in relation to the neighborhood • The need to review requests on a case by case basis It was noted that: • Cut and fill was a safety code issue versus a zoning and aesthetics issue. • Chimneys were the only exemptions to building height in a residential area. • An air conditioner or cooler is not counted in building height. • Exemptions to commercial properties would be the architectural elements. • A parapet in a residential area would be measured from the top of the parapet for building height. • A parapet in a commercial structure would be considered an architectural element. Member Hickey requested that a member of the engineering staff attend Board of Adjustment meetings in order to answer questions for more complicated variance requests. Mr. Keesler stated that he would oblige. 3. PLANNING AND ZONING UPDATE Senior Zoning Inspector Dee Widero presented the Planning and Zoning update: • The Honeybee Village wall was completed. o The ribbon cutting ceremony would be in February. • The Town is currently working on the 2010 census. • The hazardous waste collection will take place March 15, 2008 from 8:00 a.m. to 12:00 p.m. at the Naranja Town Site. • Arizona State Land will give a presentation this evening regarding annexation north of Oro Valley in the Council Chambers. Ms. Widero stated that there were no updates regarding Steam Pump Ranch. Ms. Hayes noted that Wal-Mart and Best Buy were being erected at the Oro Valley Marketplace. ADJOURNMENT MOTION: A motion was made by Member Schannep and seconded by Member Hickey adjourn at 3:47 p.m. MOTION carried, 4-0. Prepared by: Christina Pickering Office Specialist