HomeMy WebLinkAboutMinutes - Board of Adjustment - 9/25/2007 MINUTES
ORO VALLEY BOARD OF ADJUSTMENT
REGULAR SESSION
September 25, 2007
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
CALL TO ORDER
ROLL CALL
PRESENT: John Hickey, Member
Colleen Kessler, Member
Andy Martin, Member
Paul Parisi, Member
Bart Schannep, Member
Bart Schannep served as Chair and John Hickey served as Vice Chair for the
September 25, 2007 meeting.
MINUTES - Approval of the Minutes of July 24, 2007 MOTION: A motion was
made by Member Hickey and seconded by Member Martin to approve the
minutes of July 24, 2007. MOTION carried, 5-0.
1. CASE NO. OV10-07-03, Dan Tobkin, Plan It Construction LLC, requests a
variance from a required 20' front yard building setback to 17.6'. Subject
property: (parcel #224-26-4660) located at 590 W. Kidd Place, Oro Valley,
AZ, 85737.
Chair Schannep swore in the witness intending to testify.
Dan Tobkin, Plan It Construction, LLC, stated that they wanted to build a
saleable residence to today's standards but the corner lot is rather small. He
stated that this property is in an older subdivision and several of the homes
sitting on similar lots have 6 - 7 foot setbacks but the setback for the proposed
home would be 10 - 12 feet farther. The variance request is to reduce the front
yard setback of 20 feet to 17.5 feet.
In response to Board members questions, Mr. Tobkin explained that the house
would be 1300 square feet in size. He further explained that they would not need
a variance for the driveway as the only area of concern was the front corner of
the house due to the curvature of the lot. Regarding building a two-story home,
Mr. Tobkin explained that this was a speculative home, and two-story homes
were more difficult to sell. He also explained the lot was previously used by the
nearby property owner as their back yard.
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Mr. Tobkin further explained that this property was originally zoned CR-5 (Pima
County Zoning) for townhomes. He stated that they needed at least 5 feet to
access between homes but the side yard for this lot will be more than most
homes in area with a small back yard and a larger front yard.
Dee Widero, Senior Zoning Inspector, reviewed the variance. She explained that
the setback issue only applied to the front yard as the garage area would
encroach the required setback. She explained that Lot 26 was a corner lot with a
wall property was previously owned and used as a backyard by the
(the
neighboring hborin lot 22). It is zoned R-4 which requires a 20-foot front yard
setback but in the prior Pima County zoning of CR-5, the setback was zero. She
further stated that all homes within 300 feet were notified and staff only had two
inquiries. One neighbor was just inquiring about the case and the other neighbor
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was concerned with the shortened driveway (which will only be 6 inches short
and the Town allows up to 6 inches variance). Ms. Widero further explained that
the Public Works Department staff has reviewed the plan and conducted a site
visit and they did not feel there was a site visibility issue.
Ms. Widero reviewed the Finding of Facts and stated that staff feels that the
required findings are met for this variance request. She also explained that if
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approved, the developer will still need to go before the Development Review
Board for architectural approval prior to pulling permits.
In response to further questions from the Board members, Ms. Widero explained
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that the variance request is for 2 feet, 6 inches. The porch column was the only
thing that would encroach into the setback and the driveway was not part of the
variance request.
Chair Schannep opened the public hearing.
Joe Wasti, Town resident, stated that he has not seen any diagrams and he was
concerned with the shortened driveway. He felt that if the driveway was shorter,
the car would stick out and he would be opposed to anything sitting out across
the end of driveway.
Chair Schannep explained that the driveway is 19 feet, 6 inches and the Town
requires 20 feet so this is within 6 inches. He explained that the wall on the
south side would be gone, so there would actually be an increase in visibility.
Mr. Tobkin further explained that driveway next door was only 16 feet in length.
Chair Schannep closed the public hearing.
MOTION: A motion was made by Member Martin and seconded by Member
Hickey approve a rove OV10-07-03, a request to reduce the required 20-foot front
09/25/07 Board of Adjustment Minutes 3
yard setback by 2-feet, 6-inches to 17-feet, 6-inches at the porch portion only for
lot 26 of the Lambert Lane subdivision.
Member Kessler commented that there were clearly challenges with the corner
lot and a 1,300 square foot house was not excessive. She stated that the
applicant did his best to make the house fit onto the lot within the required
setbacks. She stated that the variance request meets the considerations.
Vice Chair Hickey agreed and commented that the request meets all five
requirements and the only thing that would be there is the supporting column
which was much less massive than the structure of the house. He stated that
when the subdivision was first built it was under Pima County so this would not
have been an issue.
Chair Schannep stated that it was clear that although it doesn't quite meet Oro
Valley's newest setbacks, it does exceed the surrounding homes.
Member Martin stated that he felt the applicant has made his best effort to put
the appropriate sized home on the lot considering how small it is. He stated that
he did not see any way to put a smaller home on the lot and still have a nice,
livable home. He also stated that he felt that the variance request has satisfied
the five criteria.
Member Parisi commented that the request conforms to the rest of the
neighborhood.
MOTION carried, 5-0.
2. PLANNING AND ZONING UPDATE
Senior Zoning Inspector Dee Widero reported that the Planning and Zoning
Director will be working on a follow-up Board and Commission training (similar to
the one held last Saturday). She also noted that the Citizen's Planning Institute
(CPI) will be starting in October and there will also be a training session in
Phoenix in December.
ADJOURNMENT
There being no further business before the Board, Chair Schannep adjourned the
meeting at 3:22 p.m.
rIDLpared by:
Roxana Garrity, CMC
Deputy Town Clerk