Loading...
HomeMy WebLinkAboutMinutes - Board of Adjustment - 10/28/2003 MINUTES ORO VALLEY BOARD OF ADJUSTMENT OCTOBER 28, 2003 ORO VALLEY TOWN HALL COUNCIL CHAMBERS 11,000 N.LA CANADA DRIVE CALL TO ORDER: 3:03 p.m. ROLL CALL PRESENT: Bill Adler,Vice Chairman Cindy Lewis, Member Bart Schannep,Member Colleen Kessler, Member EXCUSED: Greg Marlar, Member STAFF: Mark Langlitz, Town Attorney Dee Widero, Senior Zoning Inspector Patty Hayes, Zoning Inspector MINUTES: Approval of the September 23, 2003 minutes. MOTION: Chairman Adler approved the September 23, 2003 minutes as provided. Chairman Adler moved Item 5 forward with Item 1 to follow. 5. APPRECIATION CERTIFICATE FOR LYRA DONE Chairman Adler thanked Lyra Done for her service on the Board of Adjustment and presented to her a Certificate of Appreciation. 1. CASE NO. OV10-03-05 RONALD R. & GWENDOLYN O'NEIL, 740 WEST BANGALOR DRIVE, ORO VALLEY,AZ 85737,REQUEST FOR A VARIANCE TO REDUCE THE REQUIRED SIDE YARD SETBACK FOR ORO VALLEY ESTATES SUBDIVISION,LOT 77. SUBJECT PROPERTY: (PARCEL #224-34-0770) 600 WEST ATUA PLACE, ORO VALLEY,AZ 85737 Chairman Adler swore in the witness that was intending to testify. Ronald O'Neil, 740 West Bangalor Drive, explained that the east side of the home was the only portion of land that was suitable for building a third car garage because the topography and existing pad did not allow for any alternatives. 10/28/03 Minutes, Board of Adjustment 2 Dee Widero, Senior Planning Inspector, explained that the O'Neil's were requesting a variance to reduce the side yard setback from 15 feet to 11 feet to add a third car garage to the home. She reported that the applicant was remodeling and adding on to the home but the garage required approval because of the encroachment. She reported that all property owners within 300 feet of the property have been notified by mail of the hearing and a notice of the hearing was posted on the site and advertised in the Daily Territorial Newspaper. She reported that at the time of the report preparation, staff had not received any public comment in support of, or in opposition to the request for variance. Staff reviewed the request for other options,but did not find an alternative. Staff finding of facts: • Further expansion into the hill would cause unsightly disturbance, due to topography. • The home was built in 1982; the applicant purchased it in 2003. Member Schannep asked if the 3rd car garage could be positioned in the rear of the home between the home and pool area. Mr. O'Neil explained that the property line would become a factor and the pool would be positioned too close to the garage. Chairman Adler pointed out that the staff findings reflect that further expansion would cause"unsightly disturbance". He asked if grading into the hill would be an alternative in spite of the fact that it might be an"unsightly disturbance". Ms. Widero explained that the grading of the hill could be used as an alternative, however, it would cause erosion difficulty; and the amount of protection required would take away from the natural vegetation currently on the site. Chairman Adler reiterated that even though the amount of grading would be extraordinary, it would be possible to use as an alternative. Staff agreed. Mr. O'Neil explained that using the grading of the hill as an alternative would affect the aesthetics in that it would not be consistent with the surrounding area and would appear a bit strange. Chairman Adler opened the public hearing. Lyra Done, 1154 North Carmel Pointe Drive, stated that having not visited the property or studied the packet, she felt that it would be an injustice to offer any opinion. Chairman Adler closed the public hearing. Member Schannep stated that it was clear that the hill was very steep, therefore there were definitely some peculiarities to the site and the Board should take this factor into consideration. 10/28/03 Minutes, Board of Adjustment 3 MOTION: Member Schannep moved to APPROVE OV 10-03-05, a request to reduce the side yard setback from the required 15 feet to 11 feet. Motion was SECONDED by Member Kessler. Discussion: Chairman Adler explained that the problem he had with the request was the standard, "that the authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights", had not been met. He explained that he could not see how it was a"substantial property right"to bend the Zoning Code to allow a person to enhance their investment, therefore,he would vote against the motion. ROLL CALL VOTE Chairman Adler—nay Member Lewis—aye Member Kessler—aye Member Schannep—aye MOTION carried, 3-1, Chairman Adler opposed. 2. CASE NO. OV10-03-06 RON ASTA, ASTA PLANNING & ZONING COMPANY, 3661 NORTH CAMPBELL AVENUE #108, TUCSON,AZ 85719,REPRESENTING PROPERTY OWNERS RAYMOND CHAVEZ& RUPERT KEESLER, REQUEST FOR VARIANCE TO REDUCE THE REQUIRED MINIMUM SPACE ACCESS ALLOWANCE OF 330 FEET BETWEEN ADJACENT ENTRY ACCESS. SUBJECT PROPERTY: (PARCEL #225-51-0150), SUFFOLK HILLS,ROSEWOOD POINT OFFICES, ORO VALLEY,AZ 85704 Bryant Nodine, Planning and Zoning Administrator reported that this item was pulled because the property was in an annexed area were the Zoning Code did not apply to the area. 3. REQUEST TO THE TOWN ATTORNEY FOR CLARIFICATION ON THE ORO VALLEY ZONING CODE REVISED SECTION1-709.B. FINDINGS. SPECIFICALLY, REFERRING TO "CREATED BY THE OWNER OR APPLICANT", DOES THIS MEAN THE DEVELOPER/BUILDER WHO BUILT THE "MODEL HOME" OR THE FIRST TIME BUYER, FROM THE DEVELOPER/BUILDER? Mark Langlitz, Town Attorney, confirmed that the subsequent buyer of a home would not be responsible for the design of the home. Therefore, they would not be responsible for any circumstances that the home had created. He added that this would apply to a"spec" home purchased as well. However, if the buyer were to choose a lot and oversee the creation of a home, the buyer would be responsible for any circumstances the home had created. 10/28/03 Minutes, Board of Adjustment 4 4. REQUEST TO THE PLANNING AND ZONING ADMINISTRATOR, FILING A PROPER VARIANCE REQUEST, DOES THIS ONLY OCCUR "AFTER THE FACT", MEANING PRIOR TO ANY APPROVED DEVELOPMENT OR AFTER THE FACT? Bryant Nodine, Planning and Zoning Administrator explained that it would be difficult to gauge a request for variance to a timing schedule because most requests are based on the circumstances involved. He explained that staff reviews the findings to determine if a variance request has any possibility of meeting the findings. He added that staff does counsel the applicant if the request meets or does not meet the findings. PLANNING AND ZONING UPDATE Bryant Nodine gave a brief update of upcoming projects. They were as follows: • Steam Pump Village—Phase I • Splendido Retirement Community Development will come before Town Council in November. • More plats are starting to come in for Rivers Edge new home development. • More Development plans for the La Canada Drive Extension to Moore Road project. • Rooney Ranch Parcel A—the owners of the property have proposed 160 single family home subdivision for the area. • The General Plan Election will take place on November 4, 2003. • The Shur Gard area will become a legal non-confirming use. • Training for the Boards and Commissions will be held in Phoenix next month. Chairman Adler announced that Member Kessler would service as chair and Member Lewis would service as vice chair at the next regularly schedule meeting. ADJOURNMENT MOTION: Member Lewis moved to ADJOURN the meeting at 3:55 p.m. Member Schannep SECONDED the motion. Motion carried, 4-0. Respectfully submitted, (AN ' ( p4 , CrZbILA—) Line a Hersha, Secretary II