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HomeMy WebLinkAboutMinutes - Board of Adjustment - 3/27/2007 MINUTES ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION MARCH 27, 2007 ORO VALLEY TOWN HALL COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE CALL TO ORDER: at or after 3:03 p.m. ROLL CALL PRESENT: Andy Martin, Chair Paul Parisi, Vice Chair Colleen Kessler, Member John Hickey, Member EXCUSED: Bart Schannep, Member MOTION: Member Kessler moved to APPROVE the minutes from November 28, 2006 meeting. Vice Chair Parisi SECONDED the motion. Motion carried, 4-0. PUBLIC HEARING: 1. CASE NO. OV10-07-01, SCOTT MOTHERSHED, REQUESTS A VARIANCE FROM A REQUIRED 30' SIDE YARD BUILDING SETBACK TO 15'. SUBJECT PROPERTY: (PARCEL # 224-40-0990) 10381 N. HACIENDA HERMOSA DRIVE, ORO VALLEY, AZ 85704 Chair Martin swore in the witness that was intending to testify. Scott Mothershed, 10381 North Hacienda Hermosa Drive, explained that the request was for a variance for a 30 foot side yard setback to a 15 foot side yard setback to allow room for a three car garage for space and storage. He explained that, based on the topography of his lot, there was not another suitable place to build the garage. Discussion followed regarding the size and style of the garage. • The garage would be 1,408 square feet • It would be a deep three car garage • The garage would sit one foot higher than the house. Zoning Inspector Patty Hayes reviewed the staff report. She reviewed the lot's zoning history. The Rancho Feliz subdivision is located on the southwest corner of Lambert Lane and La Canada and has a 105' setback from the center of right- of-way (Lambert Lane). Presently, the Lambert Lane Improvement Plan is in 03/27/07 Minutes, Board of Adjustment 2 place and the 105' right-of-way has been reduced to 90'. She added the petitioner is proposing to encroach 15' into the right-of-way. Discussion ensued regarding: • Whether a variance was necessary • Understanding the zoning and easements for the area • The setback is not in the zoning code; however the need for a variance is necessary. Otherwise, rezoning and re-platting would be required to remove the setback placed by Pima County in 1979. Chair Martin opened the floor for further comments. The applicant, Scott Mothershed, returned to add that the garage would be adjacent to the house and add curb appeal and value to the home. MOTION: A motion was made by Member Hickey to approve Case No. OV10- 07-01, a request for variance from a required 30' side yard building setback to 15'. Member Kessler seconded the motion. Discussion: Member Kessler noted that all conditions had been met. There were no special circumstances in this case and she saw no reason to deny the request. Chair Martin and Member Hickey agreed that all 5 conditions had been met satisfactorily. Roll Call Vote: Chair Martin — aye Vice Chair Parisi — aye Member Hickey— aye Member Kessler - aye Motion to APPROVE Case No. OV10-07-01 carried, 4-0. 2. PLANNING AND ZONING UPDATE Chair Martin referred to the Board's Rules and Operating Procedures and noted that in the second quarter, a meeting to review the Rules and Operating Procedures was required. He inquired as to when that meeting would be scheduled. Senior Zoning Inspector Dee Widero stated that a review could be scheduled for the Board of Adjustment's meeting in May. She added that she would also present Staff opinion at that time. Ms. Widero stated that in the near future she would like to invite the Town Engineer, Craig Civalier, to address the issue of topography in an effort to reduce 03/27/07 Minutes, Board of Adjustment 3 the number of cases brought before the board regarding this topic. She further addressed that the height requirement for houses must be met regardless of uneven ground or whether changes are made to the code. A variance will still be required. Current building update: • Vestar and Oro Valley Marketplace have broken ground and should be completed in 14 - 18 months. • The Northwest Medical Center of Oro Valley is building additions to the hospital. • Chuy's Restaurant has been approved for building on the east side of Oracle Road at Desert Sky. • Pulte has broken ground for office buildings on Oracle and Hardy. • Office buildings located at the corner of Oracle and Hardy have been approved. ADJOURNMENT MOTION: A motion was made by Member Hickey to adjourn the meeting at 3:17 p.m. Member Kessler seconded the motion. Motion carried, 4-0. Prepared by: 4401PP' Christina Pic An Office Specialist