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HomeMy WebLinkAboutMinutes - Board of Adjustment - 9/28/2021MINUTES ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION September 28, 2021 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE            REGULAR SESSION AT OR AFTER 3:00 PM   CALL TO ORDER Chair Dankwerth called the meeting to order at 3:00 p.m.   ROLL CALL Present: Joseph Affinati, Member Octavio Barcelo, Member Mary Murphy, Member Stephen Roach, Vice Chair Helen Dankwerth, Chair Staff Present:Milini Simms, Principal Planner Bayer Vella, Planning Manager Joe Andrews, Chief Civil Deputy Attorney Attendees: Steve Solomon, Town Council Liaison Barney Holtzman, Representing Town Attorney PLEDGE OF ALLEGIANCE Chair Dankwerth led the Board and the audience in the Pledge of Allegiance.   CALL TO AUDIENCE There were no speaker requests.   COUNCIL LIAISON COMMENTS Council Liaison Steve Solomon welcomed the Board back to in-person meetings and the newly remodeled Council Chambers.   REGULAR SESSION AGENDA   1.REVIEW AND APPROVAL OF THE FEBRUARY 23, 2021 REGULAR SESSION MEETING MINUTES       Motion by Vice Chair Stephen Roach, seconded by Member Joseph Affinati to approve the February 23, 2021 meeting minutes.   September 28, 2021 Minutes, Board of Adjustment 1  A roll call vote was taken: Member Affinati - Aye Member Barcelo - Aye Member Murphy - Aye Vice Chair Roach - Aye Chair Dankwerth - Aye    Vote: 5 - 0 Carried   2.PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING A ZONING APPEAL TO AN INTERPRETATION ISSUED ON MAY 27, 2021, THAT DETERMINED THE APPLICABILITY OF A 75' HEIGHT EXCEPTION AND OTHER REQUIREMENTS ASSOCIATED WITH THE RESORT SITE IN THE RANCHO VISTOSO NEIGHBORHOOD 11       Chief Civil Deputy Attorney Joe Andrews and Planning Manager Bayer Vella provided a presentation that included the following: Mr. Andrews: - Purpose of this agenda item - Key Description of Terms: Interpretation, Appeal, Statutory Construction, Due Diligence - Staff's focus on Due Diligence Mr. Vella: - Interpretation initiated by the Planning and Zoning Administrator (PZA) - Due Diligence review of the zoning requirement and Ordinance - Due Diligence review of application OV9-98-2B Mr. Andrews: - Summary and recommendation     Attorney Thomas Parsons, with Stubbs & Schubart, P.C., representing the appellant, provided a presentation that included the following: - Legal parameters of Statutory Construction and analysis - Ordinance No. (O) 98-38 - Building Height Limitations to the Resort District in the Rancho Vistoso PAD - Ordinance Modification of the Mayor and Council Ordinance by Bayer Vella Posted 5/27/21 - Other Examples of Building Height Limitations in the Rancho Vistoso PAD - Rancho Vistoso PAD Hospital Building Height - Honey Bee Canyon Park    Discussion ensued among the Board, staff and appellant. Chair Dankwerth opened the public hearing. The following individuals spoke in opposition to the appeal: - Oro Valley resident Richard Thaler - Oro Valley resident John Haugh - Oro Valley resident and former mayor Paul Loomis - Oro Valley resident Evan Thompson - Oro Valley resident Ted Riggs - completed a blue card, but wished to give the allotted time to previous speaker, Mr. Loomis - Oro Valley resident Brooke Asbell - completed a blue card, but wished to give the allotted time to previous speaker, Mr. Loomis September 28, 2021 Minutes, Board of Adjustment 2 - Oro Valley resident Terri Earnest - Oro Valley resident Suzanne Draayer - completed a blue card, but wished to give the allotted time to the next speaker, Ms. Bardach - Oro Valley resident Barbara Bardach - Oro Valley resident Amy Williams Chair Dankwerth closed the public hearing.    Further discussion continued among the Board.    Motion by Member Mary Murphy, seconded by Vice Chair Stephen Roach to uphold the Planning and Zoning Administrator's interpretation issued on May 27, 2021 based on the finding it accurately represents the facts.    Chair Dankwerth called on each member for their vote: Mr. Barcelo - Aye Mr. Roach - Aye Ms. Murphy - Aye Mr. Affinati - Aye and added that she votes "Aye" as well.    Vote: 5 - 0 Carried   ADJOURNMENT Chair Dankwerth adjourned the meeting at 4:35 p.m.   I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Board of Adjustment of Oro Valley, Arizona held on the 28th day of September, 2021. I further certify that the meeting was duly called and held and that a quorum was present. ___________________________ Jeanna Ancona Senior Office Specialist September 28, 2021 Minutes, Board of Adjustment 3