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HomeMy WebLinkAboutMinutes - Board of Adjustment - 12/18/2001 MINUTES ORO VALLEY BOARD OF ADJUSTMENT DECEMBER 18, 2001 ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE CALL TO ORDER: 3:04 p.m. ROLL CALL PRESENT: Henry Suozzi, Chairman Bill Adler, Vice Chairman Lyra Done, Member Bart Schannep,Member Cindy Lewis,Member STAFF PRESENT: Bryant Nodine, Planning and Zoning Administrator Dan Dudley, Town Attorney Dee Widero, Senior Zoning Inspector Debbie Moran, Zoning Tech Linda Hersha, Secretary II Mike Valencic, Zoning Inspector MINUTES MOTION: Vice Chairman Adler moved to APPROVE the regular session minutes of August 29, 2001. Motion SECONDED by Member Lewis. Motion carried 5-0. 1. CASE NO. OV10-01-09 SHERYL KAY GONNSEN REQUESTS A VARIANCE FROM THE ORO VALLEY ZONING CODE REVISED, SECTION 6-202.A.2.a,FOR THE DEFINITION OF"FARMS"IN R1-144 ZONE. THIS STATES THAT THE GRAZING AND RAISING OF HORSES AND LIVESTOCK OTHER THAN SWINE WITH NO MORE THAN ONE HEAD OF LIVESTOCK MORE THAN SIX MONTHS OF AGE PER 30,000 SQUARE FEET OF LOT AREA. THE REQUEST IS TO ALLOW ONE HEAD OF LIVESTOCK PER 10,000 SQUARE FEET OF LOT AREA. SUBJECT PROPERTY IS LOCATED IN THE CAMPO BELLO SUBDIVISION, 9151 NORTH CAMINO DE ANZA, LOT 9A, ORO VALLEY,ARIZONA 85737 Chairman Suozzi swore in the applicant. Ed Henne, a real estate broker representing Ms. Gonnsen, explained that letters and petitions have been submitted to the Board from citizens in the area that were in favor of the variance. He explained that Ms. Gonnsen was the owner of a riding school and was 12/18/01 MINUTES 2 BOARD OF ADJUSTMENT REGULAR SESSION looking to expand the property that she is currently leasing. He explained that the current code restricts the keeping of horses on the property to one per 30,000 square feet,but that the prior code allowed one animal per 10,000 square feet. He explained that the newer code would greatly restrict the number of animals permitted on the property. Member Lewis inquired if there had been a continuous use or head of livestock on the property located at 9005 North Calle Buena Vista. Mr. Henne replied, "no". Vice Chairman Adler explained that when a property ceases to be used for its intended purpose, it could be deemed abandoned. He explained that the property would in fact convert to the Oro Valley Zoning Code,which is 30,000 square feet per animal,which is the way it stands now. He asked if the applicant was asking for a variance to revert the square footage from the 30,000 square feet to 10,000 square feet per animal. Mr. Henne replied, "that is correct." Dee Widero, Senior Zoning Inspector reviewed the staff report. She explained that the applicant's request to increase the number of horses or head of livestock to one per 10,000 square feet of lot area but that the Oro Valley Zoning Code Revised requires only one horse or head of livestock per 30,000 square feet of lot area. Ms. Widero reported that the property was incorporated into the Town of Oro Valley in 1974. She explained that in 1981 the Town adopted the Scottsdale Zoning Code and anyone within the Town of Oro Valley, at that time,would need to comply with the new Code(one livestock per 30,000 square feet) or continue as a Non-Conforming Use area. She said that if at any time the non-conforming use is abandoned or discontinued for a period of three months, any future use of said land shall be in conformity with the provisions of the OVZCR,per Section 1-801. No horses are currently on the property, thus if there was a non-conforming use, it was abandoned. She added that the applicant (Sheryl Gonnsen)would like to purchase this property and request that the property be reverted to the original horse and livestock privileges that was in place at the time of incorporated in 1974. Ms. Widero stated that the property owners within 300 feet of the property have been notified by mailing of the hearing and the property has been posted with a notice of the hearing and advertised in The Daily Territorial Newspaper. She explained that during the preparation of the report, staff received one inquiry regarding the use of the property and if it would be used for equestrian lessons. She explained that if the property were used for equestrian lessons, the applicant would need to apply for a business license and a Type II Home Occupation Permit. She stated that the Equestrian Lessons would fall under a Type II Home Occupation and that staff requires approval from the Planning and Zoning Commission after a public hearing is held. She reported that staff has not received any 12/18/01 MINUTES 3 BOARD OF ADJUSTMENT REGULAR SESSION other public comment supporting or opposing the request, that is until today. She stated that staff has received several letters from citizens that are in favor of the variance. The following facts exist: • Minimum lot size is 3.3 acres for R1-144; Parcel 9A is 3.56 acres. • Zoning for Campo Bello prior to annexation was SR(Suburban Ranch Zone); Minimum lot size is 144,000 square feet from the Pima County Zoning Code. • Rancho Verde and Rancho Feliz,both are CR-1 (Single Family Residence Zone), minimum lot size is 36,000 square feet. Which allows one horse per 10,000 square feet of lot area, excluding swine. • The northern portion (upper half, see Annexation History Map)of Campo Bello was part of the original incorporated Town of Oro Valley, from 1974. The Town of Oro Valley, at that time, adopted the Pima County Zoning Code (allowing one horse per 10,000 square feet). In 1981 the Town of Oro Valley adopted the Scottsdale Zoning Code,which changes the livestock requirement to one per 30,000 square feet. • The southern half of Campo Bello was annexed in 1984 (attached ordinance#106). The following exception was included: 1. Lots of 36,000 square feet or greater, the following shall be allowed: Agriculture or horticulture used only for the purpose of propagation and not for retail sales, including any number of poultry,rabbits and similar small animals. No more than one head of cattle, horses, sheep, goats or other similar animals excluding swine, more than six months of age shall be allowed for each 10,000 square feet of lot area. Vice Chairman Adler asked for verification that the request was to return the property back to 10,000 square feet. Ms. Widero replied, "that is correct." Vice Chairman Adler asked if there had been any previous variances to the Code granted to other property owners in that immediate area. Ms. Widero explained that there had been a similar variance request in 1996 from within the subdivision,but it was denied. Chairman Suozzi asked if there was any reason why the Oro Valley Zoning Code was more restrictive than the county as it relates to the quantity of animals on a property. Bryant Nodine, the Planning and Zoning Administrator explained that the Scottsdale Zoning Code is a more urban/suburban code and that the Pima County codes pertains to a more rural area. He said, "this would be the key difference." Vice Chairman Adler referenced the addendum that had been submitted by the applicant. He explained that the addendum reflects an agreement between the buyer and the seller. He asked Legal Counsel if staff had actually seen the offer. 12/18/01 MINUTES 4 BOARD OF ADJUSTMENT REGULAR SESSION (Addendum: This offer is subject to the buyer being able to receive in writing from the Town of Oro Valley their acceptance of transferring and being able to move and operate Head To Tails Riding School to the subject location and being able to maintain their existing or acceptable number of herd of horses. Acceptance from the Town of Oro Valley must be obtained during the inspection period.) Dan Dudley, Town Attorney replied, "yes." He explained that the addendum was an actual part of the contract. Vice Chairman Adler stated that if a motion were made to grant the variance, a condition should be that the Town Attorney and anyone else involved approve the agreement. Mr. Dudley explained that depending upon the contract, that there may be information contained within the document that the seller or buyer might not wish to be made public. He explained that he would be comfortable deleting a portion of the contract that he believed to be confidential information. Vice Chairman Adler stated that the Board would also want a condition in the motion that the variance would be limited to the present applicant only. Whereas, if the offer falls through, the subsequent applicant or prospective buyer would not inherit the approved variance. He asked that if the Board were to grant the variance, would it be reasonable to limit it to the parties involved as opposed to leaving it open-ended. Mr. Dudley explained that he would find the stipulation unusual but could research the matter to determine whether or not it would be permissible. Mr. Henne explained that he had no problem with the restrictions if it were to make the process easier. Member Done stated that in accordance with the information provided that the applicant was also interested in operating a business. She pointed out that Board of Adjustment would not be the only decision-maker involved in this case. Mr. Nodine clarified that the Board was strictly addressing the number of livestock permitted on the property, and if there were any business issues involved that the Planning and Zoning Commission would review the case. Vice Chairman Adler expressed concern that if the variance were granted that it would be a far-reaching change to the zoning code and would not be revised. Member Lewis inquired if this was the only property in the area with the livestock restriction. 12/18/01 MINUTES 5 BOARD OF ADJUSTMENT REGULAR SESSION Mr. Nodine explained that the Campo Bello property and certain Pima County properties to the south are less restrictive. He than proceeded to give a brief overview of the site using the overhead projector. Ms. Widero explained that other residents in the area were following the Code restriction with regard to the 30,000 square feet per animal and pointed out that there were very few 3.3-acre parcels located within the Town of Oro Valley. Vice Chairman Adler asked for clarification that the use of the property was considered by the Town to have been abandoned for lack of use and that this was what triggered the change to the Oro Valley Zoning Code. Ms. Widero replied, "this is correct." Chairman Suozzi reiterated that the Board has the responsibility to adhere to the 5 Criteria and to be sure that the request meets all of them. He expressed concern with the applicant request not meeting Criteria#2 which reads, "the special circumstances are not self imposed by the applicant." He stated that he was not familiar with the applicant's situation, but felt that the request would be considered as a special circumstance. Chairman Suozzi opened the public hearing. Chairman Suozzi swore in all witnesses that were intending to testify. The following citizens were in favor of the variance and felt that it would be an improvement to the site, increase the property value and a great asset to the community. • Melody Vittitow - 8921 North Calle Lima Linda • Shelley Kosenberg - 777 Calle Concordia • Charles LeForge -1002 West Wilkerson Drive • Don Scheer—9799 North Korte Lane • Cori Kwasny— 1416 West Chapala Drive • Lorne McKenzie—421 North Bunker Hill Drive • Douglas Bennett— 8851 North Oracle Road#120 • Carol Clarke—4152 East Holmes Sherly Gonnsen stated that her interest in the property was not only from a business aspect but to combine the two properties to create an area that would function as a home closer and an office. Chairman Suozzi closed the public hearing. Vice Chairman Adler stated that by listening to the various testimony, he felt that this was clearly a successful business and that the citizens' point of view had been well taken and not to be underestimated. He explained that there were standards that must be applied 12/18/01 MINUTES 6 BOARD OF ADJUSTMENT REGULAR SESSION to each variance request. He explained that the standard that indicates the variance is necessary for the preservation and enjoyment of substantial property rights had not been met. Because the current zoning does allow multiple horses it would not deprive the owner of his property rights,but maintain those rights. He felt that the testimony has failed to show that particular standard. In other words,the property rights are with the property and the property will remain horse property. He explained that the need or the desire to increase the use of the property is not a property right but a business decision. Therefore,he would not support the request for a variance. Member Schannep stated that the property clearly resembles a designated riding school and horse storage facility and felt that it would not be an enormous impact to the community to grant the variance. Member Lewis stated that the problem that exists was with the Zoning Codes and that the 5 Criteria had not been met. She suggested that the applicant submit her case to the Planning and Zoning Commission and apply for a change in the zoning. Chairman Suozzi agreed. Motion: Vice Chairman Adler moved to DENY the request for variance Case No. OV 10-01-09, finding that not all of the legal standards have been met. Member Done SECONDED the motion. ROLL CALL VOTE Chairman Suozzi—aye Vice Chairman Adler—aye Member Done—aye Member Lewis—aye Member Schannep—nay Motion carried to DENY the request for variance Case No. OV 10-01-09, 4-1,Member Schannep opposed. 2. PLANNING AND UPDATE REPORT Bryant Nodine, Planning and Zoning Administrator gave an update on the following projects that were in process: • Rancho Vistoso Neighborhood 11 Planned Area Development (P.A.D.) is scheduled to go before Council next month. • The La Reserve/Rooney Ranch commercial property, which is approximately 50 acres of commercial and residential, is still in the formative stages. 12/18/01 MINUTES 7 BOARD OF ADJUSTMENT REGULAR SESSION • The following Code amendments are being reviewed by staff: Commercial Development Code, Lighting Code, Parking Code, Landscape Code,Assurance Code, and research on the Sign Code revisions. • The Steering Committee meetings and the Future Search meeting have begun for the General Plan. He added that there was a report available for review in the Planning and Zoning Department and that the reports could also be obtain on the Town's web- site. He encouraged the Board to keep abreast of these reports. Chairman Suozzi requested a copy of the report. Discussion: Chairman Suozzi asked if there was any restriction regarding the commercial impact and growth in the community. Mr. Nodine explained that the General Plan was set up to limit the commercial growth of businesses to the more concentrated commercial centers. Vice Chairman Adler pointed out that another project worth mentioning was the Naranj a Town Site. He explained that Member Done had been involved with the project and asked if she would brief the Board regarding the January 7, 2002, upcoming meeting. Member Done announced that the next meeting would be held on January 7, 2002, at the Copper Creek Elementary School in the Multi-Purposed Room. She encouraged everyone to attend the meeting and to participate in the various workgroups. She pointed out that the current designated site for the new park was not a permanent site location at this stage of the plan,but the citizens would get a hands-on opportunity to review the plans for the park. 3. SUGGESTIONS TO REVIEW WITH THE MEMBERS OF BOARD OF ADJUSTMENT FOR CONSIDERATION AND DISCUSSION ONLY. A. "ADVANCEMENT AND PROMOTION OF THE BOARD OF ADJUSTMENT". DISCUSSION ON STAFF SUPPORT FOR THE BOARD OF ADJUSTMENT AND BEING A RESPECTED BOARD FOR THE TOWN OF ORO VALLEY Discussion: Vice Chairman Adler expressed concern that the Board of Adjustment was being viewed as a necessary but secondary Board. He stated that it had been an interest of his to try to figure out a way to upgrade the status of the Board of Adjustment. He explained that he would like the Board of Adjustment to have recognition and respect within the Town and within the community at large. He said that if members of the Board were appointed to serve on other Town committees it would elevate awareness and respect for the Board of Adjustment and people would realize the Board's responsibility for maintaining and improving the Zoning Code. 12/18/01 MINUTES 8 BOARD OF ADJUSTMENT REGULAR SESSION Vice Chairman Adler pointed out that in the meeting minutes of August 28, 2001,he had suggested that a member of the Board of Adjustment be considered by the Council for appointment to the Capital Improvement Plan(C.I.P.). He explained that he would like to create a subcommittee that would consist of two people from the Board of Adjustment that would meet with Bryant Nodine, the Planning and Zoning Administrator and Dee Widero,the Senior Zoning Inspector, to work out the details. He pointed out that the Board would need the support of the Town staff in order to be successful. In conclusion, he stated that there were things that could be considered and perhaps implemented to achieve what he had in mind. Member Done stated that one of the most important Boards in the Town of Oro Valley was the Board of Adjustment,because of the request for the various variances pertaining to the Town's Zoning Code. She said that was the Board's responsibility to maintain and follow the 5 Criteria rules and regulations,which are related to the code. Member Lewis agreed. Member Schannep stated that he had not had enough experience to give a point of view at this time. Chairman Suozzi agreed with Vice Chairman Adler that the Board of Adjustment was just as important as any other Board or Committee within the Town. Mr. Nodine stated that he would be willing to discuss and figure out a way to make some of the suggestions work. He stated that he agreed with Vice Chairman Adler that it was important to create recognition for all of the Boards and that the Board of Adjustment provides a valuable function. Ms. Widero stated that she thoroughly enjoyed working with the Board of Adjustment and that its function was very important. Ms. Widero announced the Mike Valencic the Zoning Inspector for the Town would be attending the Board of Adjustment meetings from time to time. Chairman Suozzi and Member Lewis volunteer to participate on an informal body that would meet with Bryant Nodine and Dee Widero on behalf of the Board of Adjustment. B. A NEW PROCEDURE TO ROTATE CHAIR RESPONSIBILITY ON ALL BOARDS AND COMMISSIONS. Discussion: Vice Chairman Adler explained that as a part of the volunteer experience, it should include the chairing of a public meeting. He believed that everyone who wishes to have that responsibility should have an opportunity and that the Board should implement a procedure where the Chair is rotated every so often. He suggested that the chair rotate every sixth meeting. He recommended that this procedure be adopted. He explained that if this was not possible today that it should appear on the next agenda. 12/18/01 MINUTES 9 BOARD OF ADJUSTMENT REGULAR SESSION Member Done asked since the current regulation are already set in the Town Code if the Board was allowed to make changes in the way business was done. Mr. Dudley referenced to Section No. 3-6-4 of the Town Code and explained that the Code sets forth what the Board can and cannot do in general terms. He explained that the officers (chair and vice chair) are elected annually,but that the Board could allow another member to preside over a meeting. Vice Chairman Adler stated that Section No.3-6-4 was designed for an advisory board and that the Board of Adjustment was not an advisory board. He explained that there were a lot of ambiguities about this particular section of the Code. He explained that he just wants the members to have an opportunity to get the most out of their volunteer experience. Mr. Dudley reiterated that the Rules and Procedures reflect the Chair and Vice Chair as being elected annually. He said that if the Board chooses to rotate the responsibilities that they may do so. Chairman Suozzi felt that this was a positive thing for a member to experience being a Chair or Vice Chair. But, he did not feel that assignment should be automatic. He explained that some members of the Board would not necessary skills to be a chairperson. He felt that this decision should be left up to the individual Board member and not an automatic rotation every 4 to 6 month. He stated that there should be some continuity. He stated that the next annual election would be held in January 2002. Mr. Dudley stated that this issue was not agendized for action at this time. Member Lewis suggested that the staff compare the rules of Board of Adjustment to the Town Code and determine if there are any differences. Mr. Dudley stated that he was 99.9 percent certain that there are no specific dates given but that the Code simply states "annually". Vice Chairman Adler suggested that if everyone agrees that the issue to elect a chair and vice chair that it be placed on the agenda for action at the next meeting. Chairman Suozzi agreed. There was discussion regarding the importance that the applicant understands the relevance of the 5 Criteria and its legal standing. It was suggested that this issue could be discussed between the members of the Board and staff to possibly develop more clarity within the Request for Variance application. 12/18/01 MINUTES 10 BOARD OF ADJUSTMENT REGULAR SESSION ADJOURNMENT MOTION: Vice Chairman Adler moved to adjourn the meeting at 5:12 p.m. Member Lewis SECONDED the motion. Motion carried, 5-0. Respectfully submitted, lnda Hersha, Secretary II