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HomeMy WebLinkAboutMinutes - Board of Adjustment - 10/25/2005 MINUTES ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION OCTOBER 25, 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, Vice Chair Bart Schannep, Member Colleen Kessler, Chair John Hickey, Member EXCUSED: Paul Parisi, Member EXECUTIVE SESSION AT 3:04 PM MOTION: A motion was made by Member Schannep and seconded by Member Hickey to go into Executive Session at 3:05 p.m. for the following purpose: 1. Pursuant to ARS 38-431.03(A) (3), LEGAL ADVICE REGARDING CASE NO. OV10-05-08, A REQUEST FOR VARIANCE TO REDUCE THE REQUIRED SIDE YARD SETBACK FOR LOTS 82 AND 83 OF VERDE RANCH SUBDIVISION. SUBJECT PROPERTY: (PARCELS #224-07-0860 & 224- 070870) 11859 AND 11871 N. PROSPECT POINT PLACE, ORO VALLEY, ARIZONA 85737 Motion carried, 4-0. In addition to the regular Board members for the executive session the Town Attorney Melinda Garrahan, Town Deputy Civil Attorney Joseph Andrews and Office Specialist Linda Hersha were present. MOTION: A motion was made by Member Kessler and seconded by Member Martin to go out of Executive Session at 3:15 p.m. Motion carried, 4-0. RESUME REGULAR SESSION AT 3:24 p.m. CALL TO ORDER ROLL CALL PRESENT: Thomas Martin, Vice Chair Bart Schannep, Member Colleen Kessler, Chair John Hickey, Member Excused: Paul Parisi, Member 10-25-05 Board of Adjustment 2 Regular Meeting MOTION: A motion was made by Member Schannep and seconded by Member Hickey to approve the minutes of September 27, 2005 with the correction noted. Motion carried, 4-0. PUBLIC HEARINGS: 1. CASE NO. OV10-05-08: CONTINUED FROM SEPTEMBER 27, 2005 MEETING. VALERIE FEUER FOR MMLA, 800 W. WETMORE, TUCSON, AZ 85719, REPRESENTING FIRST AMERICAN TITLE TRUST 9022, REQUEST FOR VARIANCE TO REDUCE THE REQUIRED SIDE YARD SETBACK FOR LOTS 82 AND 83 OF VERDE RANCH SUBDIVISION. SUBJECT PROPERTY: (PARCELS #224-07-0860 & 224-070870) 11859 AND 11871 N. PROSPECT POINT PLACE, ORO VALLEY, AZ, 85737. Chair Kessler explained that the Board was confident that the Board had enough information from staff and the applicant to move forward with the case, but that she would opened the public hearing to give those individuals that were interested an opportunity to speak. Chair Kessler swore in all witnesses that were intending to testify. The following Citizens were in favor of the variance being granted. They believed it did not detract from the look of the subdivision or the spirit of the law as well as the fact that all parties that were involved with the development of the site were responsible for the error; and the revision would not harm the homeowner; the builder has acknowledged their mistake and has since apologized, but the error was not done deliberately. Donna Gill, 411 West Ontario, Chicago II. Carl Winters, 270 North Church, Tucson, Arizona Don Hatcher, 2345 West Sunkist Road, Tucson, Arizona Rudy Carillo 9280 East Northview, Tucson, Arizona. Jeff Grobstein, 3508 East Secret Canyon Place, Tucson, Arizona Chair Kessler closed the public hearing. MOTION: Member Schannep move to approve Case No. OV10-05-08, a request to reduce both Lots 82 and 83 side yard setbacks from the required 7 foot and 6 inch, Lot 82 will have a 4 foot south property line side yard setback and Lot 83 will have a 5 foot and 6 inch north property line side yard setback. Member Hickey seconded the motion. Discussion: Member Schannep explained that after reviewing the minutes from the September 27 meeting that it was clear that a mistake was made. He stated that this was an incident that had occurred outside of the applicant's control, and was in 10-25-05 Board of Adjustment 3 Regular Meeting essence out of the builders control once the mistake was made. Chair Kessler agreed. Motion carried, 4-0. 2. BOARD OF ADJUSTMENT RULES AND OPERATING PROCEDURES Discussion and possible action on the Rules and Operating Procedures. The Board reviewed the updated Board of Adjustment Rules and Operating Procedures guidelines and the following suggestions were made: • The BOA orientation training material should be updated. • A meeting should be scheduled for new board members to meet the existing board members. • Create bench marks for an appeals case that reflect how a person was negligent or incorrect and to add an "Appeal" section to the Orientation Training Manual. The Board proceeded to review each section of the guidelines manual and the following corrections were made: I. ORGANIZATION Terms Each member shall serve a term of three years with a maximum of two consecutive terms. The terms shall expire on the 30th of June and may extend as needed until a replacement has been appointed. MOTION: Member Hickey moved that the Organization session of the manual be accepted as written. Vice Chair Martin seconded the motion. Motion carried, 4-0. Officers The Board of Adjustment shall have a chair and a vice-chair whose terms shall rotate . ' ' If there was no case the chair shall not pass to the vice-chair at the end of a regular meeting until whore at lest one case has been heard ail cases have been decided. The chair shall preside at all meetings and shall exercise all the usual rights, duties, prerogatives and responsibilities of any similar organization. The vice-chair shall perform these duties in the absence or disability of the Chair. MOTION: Member Schannep moved to approve the Organization section with the recommended changes. Member Hickey seconded the motion. Motion carried, 4-0. II. MEETINGS General All meetings shall be conducted under Robert's Rules. 10-25-05 Board of Adjustment 4 Regular Meeting Regular Regular meetings are held at 3:00 P.M. on the fourth Tuesday of each month in the Oro Valley Town Hall. Any regular meeting date and/or time may be changed by a majority vote should there be a conflict with a holiday or other event. Special Special meetings for any purpose may be held by the Board on call of the chair or any 2 Board members majority-. Study session The Board members may meet prior to a regular meeting for the purpose of reviewing items on that day's agenda or to discuss other educational or administrative matters. Order of business The order of business shall be: A. Call to order. B. Roll call by secretary. C. Minutes. D. Presentation of agenda items. E. Petitioner/applicant presentation. The recommended oath for swearing in is as follows: "Do you swear or affirm to speak the truth, the whole truth and nothing but the truth?" F. Board member questions/clarifications. G. Staff report—limited to facts related to the findings. H. Questions to staff by Board members. I. Open public meeting. J. Close public meeting. K. Rebuttaikclosing by petitioner/applicant L. Board questions of any party for further information/clarification. M. Board motion and deliberation on agenda item. N. Hold vote, announce results. 0. Staff update report. P. Motion for adjournment. MOTION: Member Hickey moved to accept the Meetings section with the recommended changes. Member Schannep seconded the motion. Motion carried, 4-0. III. MEMBER CONDUCT Board of Adjustment members shall: • maintain residency in the Town of Oro Valley. • attend all meetings, unless excused. • attend annual mandated training. • • become certified in the C.P.I. 10-25-05 Board of Adjustment 5 Regular Meeting • obey all rules and regulations. • acquire sufficient zoning comprehension to understand all cases brought before them. • disclose any conflict of interest and/or ex parte contacts. • make a personal site visit for each case. with no other Board member. Board members shall not: • Have unexcused absences exceeding two in a row or three in any twelve month period. • Behave in an unruly manner and/or act with moral turpitude. • Show tack ointerest •- - --- - •.- ••-- . • Speak privately or publicly on any matter while also representing themselves as a Board of Adjustment member or in any other capacity as a Town of Oro Valley official. It shall be the duty of the chair to observe member compliance and forward in writing to the Council liaison possible deviations. Joe Andrews, Civil Deputy Town Attorney explained that staff would address the wording in the section entitled "Board member shall not" to provide better clarity and that staff would make this information available to the Board for review before submitting the guidelines to Mayor and Council. MOTION: Member Hickey moved to approve the modification as suggested. Member Martin seconded the motion. Motion carried, 4-0. IV. MISCELLANEOUS Liaison The board shall elect at a regular meeting one member to serve as the Board representative on the Interview Committee Panel. Annual review The board shall meet duringthe second quarter of each calendar year to review the Rules and Procedures, the Training Manual, the Zoning Code and any other Board documents. The Board shall take action and/or make recommendations as needed and forward them on to Town Council MOTION: Vice Chair Martin moved to leave the "Miscellaneous" section as presented. Member Hickey seconded the motion. Motion carried, 4-0. In answer to a question from Chair Kessler, Joe Andrews explained the staff would develop a cover letter that would require her signature that would accompany the document to be presented to Mayor and Council. ADJOURNMENT 10-25-05 Board of Adjustment 6 Regular Meeting MOTION: Member Hickey moved to adjourn the meeting at 4:21 p.m. Member Schannep seconded the motion. Motion carried, 4-0. Respectfully submitted, Linda Hersha, Office Specialist