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HomeMy WebLinkAboutMinutes - Board of Adjustment - 8/22/2006 MINUTES ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION AU G U EST 22, 2006 ORO VALLEY TOWN HALL COUNCIL CHAMBERS M 11,000 N. LA CANADA DRIVE CALL TO ORDER: 3:00 p.m. ROLL CALL PRESENT: Andy Martin, Chair Bart Schannep, Vice Chair Colleen Kessler, Member John Hickey, Member EXCUSED: Paul Parisi, Member MINUTES: MOTION: A motion was made by Member Kessler to approve the minutes of July 25, 2006. Member Hickey seconded the motion. Motion carried, 4-0. PUBLIC HEARINGS: 1. CASE NO. OV10-06-10 RANDY AND KAREN BARBERA REQUEST RECONSIDERATION OF THE DENIED VARIANCE TO ENCROACH INTO THE REAR YARD SETBACK, IN THE MONTE DEL ORO SUBDIVISION. SUBJECT PROPERTY: (PARCEL #224-27-1990) LOCATED AT 11113 N. GUAVA DRIVE, ORO VALLEY, AZ 85737 Civil Attorney Lexa Mack, gave a synopsis of how the Board of Adjustment should approach the reconsideration of the case. She explained that after the reconsideration request has been submitted by the applicant, the board member who voted in the affirmative to the motion may make a motion to reconsider. This motion would be seconded and passed and moved forward to rehear the case. Chair Martin swore in the witness that was intending to testify. Karen Barbera explained that at the previous Board of Adjustment hearing she may have placed too much emphasis on the personal aspects of her family's needs and wants and submitted the following additional facts, concession and supporting material to the Board for review: 1) A letter from the President of the Monte Del Oro Homeowners Association Architectural Review Board granting their approval of the proposed addition. 2) Data from the Monte Del Oro Homeowners Association stating that due to the unusual topography in this particular subdivision, 95%+ plus of the homes have been granted variances of one form or another confirming that the 08/22/06 Minutes, Board of Adjustment 2 topography does indeed impact the design and construction of nearly every home in the unique subdivision. 3) A letter from Chris McLean (neighbor) confirming that the proposed addition will not impact his views or privacy and was granting his approval of the proposed addition. 4) A design concession by the homeowner reducing the total square footage that would extend beyond the original footprint of the home to 42% of the total square footage for the proposed addition. (approximately 100 square feet) 5) Revised drawing illustrating the reduction to 42% of the total square footage of the proposed addition that would extend beyond the rear set back of the home's original footprint. 6) Affirmation that the addition will match the existing height of the home and will be stucco-ed and painted the same color of the home to visually blend with the original Territorial style of the home. 7) A previous variance case was granted by the Town of Oro Valley Board of Adjustment to a resident in the Monte Del Oro subdivision. Dee Widero, Senior Zoning Inspector read the following "Request Specifics" for the record: "At the July 25, 2006 Board of Adjustment meeting Randy and Karen Barbera made a request to encroach into the required 40 feet rear yard setback for a 12 foot addition to the rear of the home. The Board of Adjustment denied the request. Member Hickey moved to approve, stating that this property was substantially unique in topography; therefore, all 5 criteria had been met because the property was unique. Chair Martin, Vice Chair Schannep, Member Kessler and Member Parisi opposed. The motion failed 1-4, with Member Hickey in favor. Mr. and Mrs. Barbera are providing additional information and request that the Board of Adjustment reconsider." In answer to a question from Member Hickey, Senior Zoning Inspector Dee Widero explained that information in the application had not changed. However, she reported that the applicant had changed the design to shorten the length of the addition, but not the depth. Planning and Zoning Administrator Sarah More explained that the closest point of the building to the property line would remain 12 feet, but the amount of square footage of the addition in the required setback would be reduced. Chair Martin opened the public hearing. There being no speakers, the public hearing was closed. MOTION: A motion was made by Member Kessler to reconsider Case No. OV10-06- 10, to reduce the rear yard setback for the addition only to 18 feet from property line. Vice Chair Schannep SECONDED the motion. Discussion: Member Kessler stated that she appreciated the fact that the applicant had provided more details and alternatives and had identified some of the challenges in the topography throughout the subdivision. Therefore, she was willing to hear the additional information. 08/22/06 Minutes, Board of Adjustment 3 Vice Chair Schannep stated that even though there had been a mutual agreement between the resident and the subdivision Homeowners Association (HOA) it did not justify not adhering to the rules. He pointed out that there had been several homes in the Monte Del Oro subdivision that had received waivers of some sort because of the topography in the past. But, he believed that this was probably before a home had been constructed on the property. He stated the Board needed to be very careful not to bypass the rules. However, he believed the Board should honor the fact that the applicant was coming forward for a second time and should be given the opportunity to present the additional materials. Chair Martin pointed out that 95% of the variances approved were granted through the HOA, and only 2 out of 4 variance requests were approved by the Town. Member Hickey stated that he would like to give the applicants an opportunity to speak again to introduce the supplementary information presented because he believed it needed to be heard. Roll Call Vote Vice Chair Schannep - aye Member Kessler -aye Member Hickey -aye Chair Martin — aye MOTION to reconsider carried, 4-0. (Consideration of this item will take place at the September 26, 2006 meeting). 2. DISCUSSION OF THE BOARD OF ADJUSTMENT RULES AND REGULATIONS. Planning and Zoning Administrator Sarah More explained that staff was bringing forth information addressing the Board of Adjustment Rules and Operating Procedures, under the heading "Meetings-Order of Business" which refers to the Board hearing a "staff report— limited to facts related to the findings". She reported that there was no specific description or limitation on the written staff report, nor was there a limitation on what constitutes facts. She explained that from a legal standpoint, there was no legal reason to limit the content of the staff report to not allowing a professional analysis of the request, how the particulars of the case do or do not meet the required findings and a recommendation based on that analysis. There was discussion regarding: • Staff reports and recommendations. • Height and design variance requests and Zoning Code requirements. • Possible amendments to the Rules and Procedures guidelines addressing the "findings" to identify a section in the staff report that was fact based and a section that would be staff's professional opinion. 08/22/06 Minutes, Board of Adjustment 4 • The efficiency and quality of an applicant's application and presentation of their case. • The 5 findings identified in the staff report. • How the recommendations and opinions are presented to the Board. • Adding additional wording to the application stating "that the final decision would be made by the Board." • Order of Business Item "G" — "Staff report limited to facts related to the findings". It was suggested that the word "limited" be addressed and possibly changed. No action was taken on this item. 3. PLANNING AND ZONING UPDATE Sarah More gave a brief update on the following projects: • The schedule for the La Canada project between Naranja and Tangerine. • Code amendments. • Environmentally Sensitive Land issues. • The planning issues relating to State land to the north of Oro Valley. The planning for the land will take place in conjunction with Pinal County, the Arizona State Land Department and Pima County. She reported that the Town Council would be having a joint meeting with the Pinal County Board t� of Supervisors on September 13 . • The completion of the Honey Bee Village Archeological Preserve Plan later this month. There will be site tours every Wednesday and Friday morning at 7:30 a.m. through September 8th. After that there will be a series of lectures at the Oro Valley Public Library. In answer to a question from Member Hickey, Sarah More reported that staff would review the possibility of the applicant providing "story board poles" at the sites that were requesting a variance. ADJOURNMENT MOTION: Member Hickey moved to adjourn the meeting at 4:01 p.m. Member Kessler seconded the motion. Motion carried, 4-0. Respectfully submitted, d71k. J Linda Hersha, Office Specialist ACTION SUMMARY ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION AU G U EST 22, 2006 ORO VALLEY TOWN HALL COUNCIL CHAMBERS N 11,000 N. LA CANADA DRIVE CALL TO ORDER: at or after 3:00 p.m. ROLL CALL PRESENT: Andy Martin, Chair Bart Schannep, Vice Chair Colleen Kessler, Member John Hickey, Member EXCUSED: Paul Parisi, Member MINUTES: MOTION: A motion was mad by Member Kessler to approve the minutes of July 25, 2006. Member Hickey SECONDED the motion. Motion carried, 4-0. PUBLIC HEARINGS: 1. CASE NO. OV10-06-10 - RANDY AND KAREN BARBERA, REQUEST RECONSIDERATION OF THE DENIED VARIANCE TO ENCROACH INTO THE REAR YARD SETBACK, IN THE MONTE DEL ORO SUBDIVISION. SUBJECT PROPERTY: (PARCEL #224-27-1990) LOCATED AT 11113 N. GUAVA DRIVE, ORO VALLEY, AZ 85737. MOTION: A motion was made by Member Kessler to reconsider Case No. OV10-06-10, to reduce the rear yard setback for the addition only to 18 feet from the property line. Vice Chair Schannep SECONDED the motion. Motion carried, 4-0. 2. DISCUSSION OF THE BOARD OF ADJUSTMENT RULES AND REGULATIONS. 3. PLANNING AND ZONING UPDATE ADJOURNMENT MOTION: A motion was made by Member Hickey to adjourn the meeting at 4:01 p.m. Member Kessler SECONDED the motion. Motion carried, 4-0.