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HomeMy WebLinkAboutMinutes - Board of Adjustment - 12/27/2005 MINUTES ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION DECEMBER 27, 2005 ORO VALLEY TOWN HALL COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE CALL TO ORDER AT 3:00 p.m. ROLL CALL PRESENT: Thomas Martin, Chair Bart Schannep, Vice Chair Colleen Kessler, Member John Hickey, Member Paul Parisi, Member MOTION: A motion was made by Vice Chair Schannep and seconded by Member Kessler to approve the Minutes of October 25, 2005 with corrections noted. Motion carried, 5-0. PUBLIC HEARINGS: 1. CASE NO. OV10-05-09 BERTHA E. CAMPBELL, REQUEST FOR VARIANCE TO INCLUDE A FULL KITCHEN IN APROPOSED GUEST HOUSE FOR AN ELDERLY PARENT. PER THE ORO VALLEY ZONING CODE REVISED (OVZCR), SECTION 23.6.E AND 31.107, 31.109, 31.111, FOR R1-43 ZONE. SUBJJECT PROPERTY: (PARCEL #225-09-1880) 1032 W. WILKINSON DRIVE, ORO VALLEY, AZ, 85737. Chair Martin swore in the witness that was intending to testify. Bertha Campbell, 1032 West Wilkenson Drive, explained that the request was to allow for the installation of a full kitchen facility in her guest home. She explained that this would provide a more efficient living quarters and enhance the quality of life for her elderly mother. Member Kessler pointed out the Town's Zoning Code currently only allows for one (1) dwelling on the lot. She explained that by placing a kitchen in the guest home, by definition, it would be considered a second dwelling. She explained that she understood the applicants desire to make the additional changes, but the Board had specific criteria to follow. She explained that if the request was granted, it would be p granting the applicant a special suspension from the rules and the possibility of setting a precedent for similar future request. Chair Martin agreed. 12-27-05 Minutes 2 Board of Adjustment Regular Meeting Dee Widero, Senior Zoning Inspector, reported that the applicant was requesting to include a full kitchen in a guest house for an elderly parent. She reported that the home was located in Rancho Verde, which was an 84-lot subdivision that was originally recorded in November 18, 1971 with Pima County. She explained that a g Y portion of the subdivision was annexed into Oro Valley in September of 1984. However, theg uest house was an allowable use for an R1-43 zone, but a full kitchen facility would be considered a dwelling unit in Oro Valley, and only one (1) dwelling unit per a single familyresidential was permitted. g Staff finding of facts: • A guest house for R1-43 is an allowable use. • A full kitchen is considered a dwelling unit. • The home located at 1022 West Wilkenson is currently building a guest house, without a full kitchen. • The home located at 1045 West Wilkenson, does not have a guest house, they did add a garage. • The home at 1052 West Wilkenson, appears to have a guest house, we do not have any history on the addition. • The home at 9370 North p Raleigh, appears to have a guest home, we do not have any history on the addition. MOTION: Vice Chair Schannep moved to DENY Case No. OV10-05-09. Member Kessler seconded the motion. Discussion: Vice Chair Schannep stated that he could not support the request for the following reasons; (1) the Zoning Code did not allow.for a full kitchen in a guest home. (2) guest houses are intended for a guest and a full size kitchen implies that there would be a full time resident and the property was not zoned for such usage. He stated that the Board had to adhere to the five (5) findings, and to approve the variance would be granting special permission. Chair Martin stated that the Zoning Code clearly did not allow for such a revision. Member Hickey stated that he was in support of the five (5) criteria, but felt that this type of situation had presented itself in the past. He explained that there should be some consideration in the Zoning Code regarding these types of cases as well as being brought forward to Town Council for review. He said that he intended to do follow-up work regarding the matter. He explained that a change in the Code could certainly be used in providing help to family members such as the elderly who might need assistance. ROLL CALL Member Parisi —aye Member Kessler— aye Member Hickey— aye Vice Chair Schannep —aye Chair Martin —aye 12-27-05 Minutes 3 Board of Adjustment Regular Meeting Motion to deny carried, 5-0. ADJOURNMENT MOTION: A motion was made by Member Hickey and seconded by Member Kessler to adjourn the meeting at 3:21 p.m. Motion carried, 5-0. Respectfully submitted, / C 11(-) inda Hersha, Office Specialist