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HomeMy WebLinkAboutMinutes - Board of Adjustment - 1/24/2006 MINUTES ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION JANUARY 24, 2006 ORO VALLEY TOWN HALL COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE CALL TO ORDER at 3:00 p.m. ROLL CALL PRESENT: Paul Parisi, Chair Bart Schannep, Vice Chair Colleen Kessler, Member Andy Martin, Member John Hickey, Member Chair Parisi led the audience in the Pledge of Allegiance. MOTION: A motion was made by Member Martin and seconded by Member Hickey to approve the December 27, 2005 minutes. Motion carried, 5-0. PUBLIC HEARINGS: 1. CASE NO. OV10-05-10 ALEXANDER E. IZZARD, REQUEST FOR VARIANCE TO ENCROACH INTO THE SIDEYARD SETBACK TO CONSTRUCT A NEW FRONT ENTRY PORCH. PER THE ORO VALLEY ZONING CODE REVISED (OVZCR), SECTION 23.4, TABLE 23-2A FOR R1-43 ZONE AND PER 23.4.C.2.IV. SUBJJECT PROPERTY: (PARCEL #224-27-2810) LOCATED AT 10600 N. PISTACHIO AVENUE, ORO VALLEY, AZ, 85737. Chair Parisi swore in the witness that was intending to testify. Alexander E. Izzard, 10600 North Pistachio Avenue, explained that the request was to allow for an additional 1 foot and 3 inch projection onto the side set back to construct a new covered front entry. He gave a brief overview of the proposed revisions to be made to the home's front porch area. The following key points were identified and discussed regarding the applicant's approach to making the revisions to the front porch entry: • How the home will look aesthetically when complete. • The property line at the southern tip of the parcel. • The architect's knowledge of the Town's Zoning Code. • The approximate length of the new front porch entry. • The proposed design of the porch. Patty Hayes, Zoning Inspector, reported that Mr. Izzard was requesting to encroach 4 feet and 3 inches into the 20 foot required side yard setback. She reported that the Oro Valley 0/24/06 Board of Adjustment 2 Minutes Zoning Code Revised (OVZCR) 23.5.C.2 iv allows the following exception: "Covered porches may project into the required yard provided they are not nearer than ten (10) feet to the rear property line or may project 3 feet into the required side yard". She added that the proposed front entry porch would exceed the 3 feet exception by an additional 1 foot and 3 inches. Staff received one comment from Rick Chandler, a resident who lives at 10578 North Pistachio Avenue, in support of the variance request. Mr. lzzazd's home is located in the Monte Del Oro subdivision, which was recorded in Pima County Recorders Office in 1976, and Zoned CR-1. The Town annexed the Monte Del Oro subdivision in 1987 translating the Zoning to R1-43. Staff finding of facts: • The house was built in 1980 with a rectangle shaped front porch. • The house was built to comply with Pima County's 10 foot side yard setback for the CR-1 zoning. • The existing house was built 15 feet and 10 inches from the southern property line. • Current R1-43 Zoning requires a 20 foot side yard setback with an exception allowing a 3 foot encroachment for covered porches. • This request exceeds the allowed exception by 1 foot and 3 inches. Chair Parisi opened the public hearing. There being no speakers the hearing was closed. MOTION: Vice Chair Schannep moved to approve Case No. OV10-05-10, a request to encroach into the side yard setback from the required 200 foot by 4 foot 3 inches to construct a front entry porch. Member Martin seconded the motion. Motion carried, 5-0. Discussion: Vice Chair Schannep explained that this was a "special condition" because the home was in compliance with the rules and regulations that existed with Pima County's Zoning Code in 1976. He further explained that when Oro Valley annexed the home, it was by default that the home became out of compliance with the Town of Oro Valley Zoning Code because it pre-existed. 2. PLANNING AND ZONING UPDATE No report. ADJOURNMENT MOTION: A motion was by Member Hickey and seconded by Member Kessler to adjourn the meeting at 3:18 p.m. Motion carried, 5-0. Prepared,?y, Linda Hersha, Office Specialist