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HomeMy WebLinkAboutMinutes - Board of Adjustment - 11/27/2007 MINUTES ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION November 27, 2007 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE CALL TO ORDER - 3:00 p.m. John Hickey served as Chair and Colleen Kessler served as Vice Chair for the November 27, 2007 Board of Adjustment meeting. ROLL CALL PRESENT: John Hickey, Member Colleen Kessler, Member Paul Parisi, Member Bart Schannep, Member EXCUSED: Andy Martin, Member MINUTES - Approval of the Minutes of September 25, 2007 MOTION: A motion was made by Member Schannep and seconded by Member Kessler to approve the minutes as amended. MOTION carried, 4-0. Chair Hickey moved Item 2 forward on the agenda. 2. CASE NO.: OV10-07-06, Peter Licavoli, requests a variance from the maximum 20' building height to 25.5'. Subject property: (parcel #219- 52-1780) located at 588 W. Red Mountain Place, Oro Valley, AZ, 85737 Chair Hickey swore in the witness intending to testify. Peter Licavoli, Oro Valley resident, explained that the variance would not impede views or impact property negatively but would only add value to the property and enhance the area. Paul Nzomo, Coronado Engineering, representing Mr. Licavoli, reviewed a drawing of Lot 21 located at 588 W. Red Mountain Place. He explained that with the drop in grade, they would "step" the house but one portion of the house would exceed the permitted height. The house itself measured from the finished grade would only be 15 feet in height, but Oro Valley measures from the existing grade. He explained that issues with neighbors were due to the fact that they thought that the house would be 25 feet in height. He stated that he met with the 11/27/07 Board of Adjustment, Regular Session 2 neighbors and explained that the height would be 15 feet from the finish grade. Mr. Nzomo stated that by working with the natural grade, the one section of the house would exceed the 20 foot height limit. At the request of Member Schannep, Mr. Nzomo reviewed the location of the height "sticks" on the property. Patty Hayes, Zoning Inspector, reviewed the staff report and explained that the lot that Mr. Licavoli wants to build on has a greater than 6% slope beneath the proposed house. The building height is measured from natural grade to the highest part of the building where the natural cross-slope is greater than 6% slope. She explained that the proposed house structure is 15 feet 6 inches at its tallest parapet wall and the amount of fill dirt would vary in depth from 1 foot to 10 feet underneath the building pad. Ms. Hayes further explained that the depth of the fill dirt accounts for a portion of the allowable building height which places the proposed height of the house 5 feet 6 inches over the allowed 20 foot building height. Ms. Hayes also reported that the property was posted and all neighbors within 300 feet were notified by mail of the hearing and the hearing was advertised in the Daily Territorial. She stated that staff feels that the Findings are met as the topography of the lot creates difficulty in complying with the 20 foot maximum building height as measured from natural grade. Chair Hickey opened the public hearing. Tom Forsythe, Oro Valley resident, was sworn in to testify. Mr. Forsythe questioned the garage height and asked if the flags on the poles delineated the top of house or the garage. He also questioned whether this applies to the highest point of the parapet and not the roof and whether the chimney was included in the height. He also asked who would monitor the amount of fill dirt (inspection process is conducted by staff). In response to Mr. Forsythe's question regarding chimneys, Ms. Hayes explained that chimneys are excluded from the building height in residential areas. In response to a question from Member Schannep, Mr. Forsythe stated that he could see two flag tops from the top of his wall. Mr. Licavoli, builder, reviewed the placement of the poles with the flags and stated that they are at the corner of the garage (the height at the corner of the garage is 11 feet, 8 inches). He explained that he put flags at the extreme heights that might affect neighbors' views. He further explained that from the street, the finished floor elevation is 10 - 12 feet below street level so anyone driving down the street would be looking down to see the house. He stated that there would not be any obstruction to Mr. Forsythe's views other than the parapet walls. He also explained that there would not be any television antennas or satellite dishes on top of the house. 11/27/07 Board of Adjustment, Regular Session 3 In response to a question from Chair Hickey, Mr. Licavoli explained that the finished floor elevation of the garage is two feet higher than the finished floor elevation of the main house. The garage is about 1 1/2 feet lower than the 15 foot, 6 inches height of the house, so it does not sit higher than the house. Member Parisi clarified that the garage is not part of the variance; it is just the back of the house that is part of variance. The garage complies with the Code. Chair Hickey closed the public hearing. MOTION: A motion was made by Member Kessler and seconded by Member Parisi to approve OV10-07-06, a request to exceed the 20 foot building height up to five feet, five inches when measuring the building height from existing grade on a greater than 6% slope. Discussion: Member Kessler stated that the Board has seen instances with these lots before where residents are facing the challenges of topography of the lots and sometimes it is difficult to meet all of the height requirements. She stated that the front part of the house and garage meet the height requirements but with the way it has to be measured, a variance is required. She stated that she felt that they have done their best to make the house fit on the lot and she felt that the variance should be granted. Member Schannep stated that as he looks at the Five Findings, he would support the variance request as it was clearly not a situation created by the owner. He stated that it is a difficult lot and this is a reasonable design not outside other homes in the neighborhood. Member Parisi stated that he agreed with the previous statements. ROLL CALL VOTE - Vice Chair Kessler - Yes Member Parisi - Yes Member Schannep - Yes Chair Hickey - Yes. Variance granted, 4 - 0. 1. CASE NO: OV10-07-05, Paul Oland representing Stone Canyon LLC. Requests a variance from the maximum building height of 34' to 48'. Subject property: (parcels 219-05-011G & 219-19-196N) Stone Canyon clubhouse site located at Hohokam Village Drive, Oro Valley, AZ, 85737 Chair Hickey swore in the witness intending to testify. 11/27/07 Board of Adjustment, Regular Session 4 Paul Oland, The WLB Group, representing Stone Canyon, presented a PowerPoint presentation and reviewed the Stone Canyon development and the Clubhouse site. He explained that Stone Canyon was designed around the natural vegetation on the site which consists of many rock outcroppings. He explained that they were trying to blend the new building into the mountain that sits behind it. He further reviewed the existing Clubhouse and proposed parking areas and topography map for the new Clubhouse. He reviewed the existing and finished grades and heights of the proposed buildings and explained that the average cross slope is 7% on the site. The plan is to build up to the rock outcropping and blend the building into the site. Mr. Oland then reviewed the Findings of Fact as follows: 1) Special circumstances: Property is not dominated by natural terrain which is basis for Code building height calculation. The planned building is the largest in the area which presents unique design opportunities and constraints. 2) Special circumstances not created by the owner/applicant: Zoning Code building height calculation methodology presumes even terrain characteristics across site. Allowable height of large buildings on uneven terrain is effectively reduced. 3) Necessary for the preservation and enjoyment of substantial property rights: Site has long been planned and approved on development plans as the location of the permanent Clubhouse. Stone Canyon owners bought into the community expecting this Clubhouse. Variance is needed to allow necessary masking of building mass and parking. 4. Does not grant special privileges: Other properties in Stone Canyon are already held to strict design guidelines and plat restrictions and no other property will have this use. The Clubhouse is in Golf Course zoning. 5. Will not be materially detrimental: Site is only visible to guests and residents of Stone Canyon who desire that this club house be built. Mr. Oland summarized that the Rancho Vistoso Planned Area Development (PAD) allows up to 34 feet in building height, the Zoning Code calculates the building height based on the average cross slope, the design follows the intent of the PAD and the Zoning Code to follow the natural terrain, a nearby hotel site was granted a 75 foot building height, and they are requesting a total of 48 feet in building height. In response to questions from Member Schannep, Mr. Oland explained that the bell towers are allowed but there are a couple of places that exceed the height restriction if measuring from the existing grade. He also stated that the towers would not block any of the homeowner's views. Patty Hayes, Zoning Inspector, presented the staff report and explained that the Rancho Vistoso PAD allows a maximum building height of 34 feet on this site and the applicant is requesting a variance to allow up to 48 feet. She reported 11/27/07 Board of Adjustment, Regular Session 5 that the building footprint has a cross-slope of 7% and calculating the building height from the natural grade limits the building height from 18 feet to 22 feet from finished grade. She explained that the proposed Clubhouse varies in height up to 28 feet. The amount of fill dirt or below grade structure is as much as 20 feet underneath the finished pad elevation which accounts for a portion of the allowable building height. This places the proposed height of the Clubhouse at 48 feet (14 feet over the allowed 34 foot building height). Ms. Hayes further reported that all property owners within 300 feet of this property were notified of the hearing by mail and the property was posted and the hearing was advertised in the Daily Territorial. She reported that it is staff's opinion that all of the required findings are met, in particular, a building of this size is difficult to build in an area with the type of topography Stone Canyon has without encountering a height issue. Further, this building will be built into an area seen only by those living or working in Stone Canyon. Chair Hickey opened the Public Hearing. Richard Surowiec, Oro Valley resident, was sworn in to testify. Mr. Surowiec asked about zoning variances stating that this is a residential area. He stated that people being shown what the Clubhouse was going to be should not be the criteria for determining a variance. He stated that this building should comply with the Zoning Code as 34 feet in building height in a residential area is plenty of height. He stated that each time a variance is given, the next developer sites that variance as a reason to grant them a variance. Chair Hickey closed the Public Hearing. Mr. Oland stated that the Rancho Vistoso PAD was designed and approved over two decades ago and Stone Canyon is the "capstone" of Rancho Vistoso and the golf course and clubhouse are the "capstone" of the Stone Canyon area. He explained that the issue of 34 feet in a residential area is not applicable as this is a Golf Course zone. He explained that this zone has always been intended to house this facility and the way it is designed, it will appear to be less than 34 feet. He stated that he felt that this project had admirable design features and would compliment the area. He further stated that this building would not be visible to anyone outside Stone Canyon and those that bought into this area, bought with the understanding that a grand, unique building would be developed in this location. In response to a question from Member Schannep, Mr. Oland stated that he felt that no one outside of Stone Canyon would be able to see this building as it was set way back and there were large outcroppings and mountains between Rancho Vistoso Boulevard and the clubhouse site. 11/27/07 Board of Adjustment, Regular Session 6 MOTION: A motion was made by Member Parisi and seconded by Member Kessler to approve OV10-07-05, a request to increase the building height from 34 feet to 48 feet. Member Schannep referenced the Five Findings regarding special circumstances not being created by the applicant. He stated that there is the concern that the primary violation of the height restriction are the towers and a little bit of the roofline; however, as the applicant pointed out, this concept was pointed out to potential buyers. He also stated that it is not in a residential area but in fact, in a Golf Course zone. He stated that the property would be improved by removing the old club house building and existing maintenance yard and placing the maintenance yard and cart yard underground. He also stated that he took exception to the discussion that an approved variance would lead to another developer being able to get the same variance as each variance request is looked at separately. He stated that he would support the variance even though the towers are the main violators as this is what was envisioned and presented to potential buyers in the area. Member Kessler stated that she would agree that the concept has been developed over decades and this grandiose type of structure is what is expected in Stone Canyon. She also stated that she felt that it was an added plus to the Town and to Rancho Vistoso. She stated that she did not think that the violating areas are that offensive and the building can not be seen from Rancho Vistoso Boulevard. Member Parisi stated that looking strictly at the Findings of Fact, this request meets those findings and they have been addressed adequately. Chief Civil Deputy Attorney Joe Andrews stated that in the Zoning Code, architectural elements such as the bell tower and the round tower are not included in the height of the building. He stated that the Code allows up to 10 feet in architectural features, so it is not the bell tower that is the offending height, it is the structure itself. The allowed architectural features would not be included in the height issue. In response to a question from Member Schannep, Mr. Oland explained that the towers are design features. At the request of Chair Hickey, Mr. Oland then reviewed the site plan and finished grade and explained that most of the building appears to be in the 22 foot to 28 foot height range if it was reviewed on a flat site. ROLL CALL VOTE- Vice Chair Kessler - Yes Member Parisi - Yes Member Schannep - Yes Chair Hickey - Yes 11/27/07 Board of Adjustment, Regular Session 7 Variance granted, 4 - 0. 3. PLANNING AND ZONING UPDATE ZoningProgramSupervisor Su ervisor Dee Widero reviewed the Oro Valley Marketplace and stated that several shell buildings have been approved. She further reported that Best Buy, Wal-Mart, Linens & Things, World Mart, Petco and Olive Garden pads have been approved or are in the process of approval. In response to a question from Chair Hickey, Ms. Widero stated that as the permits are issued, the q slabs will be poured for these businesses. ADJOURNMENT MOTION: A motion was made by Member Schannep and seconded by Member Hickey to adjourn at 3:59 p.m. MOTION carried, 4-0. Prepared by: CZt<C5.i\rNC.- Roxana Garrity, CMC Deputy Town Clerk