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HomeMy WebLinkAboutMinutes - Board of Adjustment - 3/27/2001 MINUTES BOARD OF ADJUSTMENT MARCH 27, 2001 11,000 N. LA CANADA DRIVE ORO VALLEY,ARIZONA CALL TO ORDER at 3:07 p.m. PRESENT: Henry Suozzi, Chairman Bill Adler, Vice Chairman James Swan, Member Lyra Done, Member Cindy Lewis, Member STAFF: Dan Dudley, Town Attorney Bryant Nodine, Planning and Zoning Administrator Dee Widero, Senior Zoning Inspector Debbie Moran, Zoning Tech. Linda Hersha, Secretary II 1. APPROVAL OF THE REGULAR MEETING MINUTES OF JANUARY 23, 2001 AND FEBRUARY 27, 2001 AND THE SPECIAL STUDY SESSION MINUTES FROM FEBRUARY 27, 2001 HEARING MOTION: Vice Chairman Adler MOVED to APPROVE the minutes of January 23, 2001 and February 27, 2001 and the Special Study Session minutes with the corrections noted. Motion SECONDED by Member Done. Motion passed unanimously, 5-0. 2. PUBLIC HEARINGS CASE #0V10-01-02 LANTANA CORPORATION REQUESTS APPROVAL FOR A VARIANCE TO REDUCE THE FRONT AND REAR YARD SETBACKS IN AN R-4 ZONE. SUBJECT PROPERTY IS LOCATED IN THE NARANJA RANCH I SUBDIVISION, 11789 NORTH VIA DE LA VERBENITA, LOT 97 Chairman Suozzi swore in the applicant that was intending to testify. Jennifer Fertig, representing the Lantana Corporation,reviewed the site plan using the overhead projector. She explained that because of the no-access easement, the developer would be unable to construct a driveway. She explained that the site had been purchased from the preliminary plan produced by the developer, which did not reflect a no-access easement. Therefore, the applicant assumed a driveway would be permissible on either side of the corner lot. She stated that the no-access easement was discovered after the final plat for the subdivision had been purchased. 3/27/01 Minutes 2 Board of Adjustment Member Lewis asked if it were possible to make the home fit within the setbacks. Ms. Fertig explained that it would be possible but the home would lose about 10-feet. Vice Chairman Adler asked if it would be accurate to assume that the model homes were not designed for specific projects but were designed generically, so when a development comes forward the architect could propose a model that they believe would be suitable or acceptable for the project. Ms. Fertig replied, "that is correct". She explained that the models developed for the Naranja Ranch I Subdivision were much larger than most city models. She explained that the home located on Via De La Verbernita was a semi-custom home rather than a production home. Vice Chairman Adler asked if the model was designed specifically for that subdivision. Ms. Fertig replied, "that's correct". Vice Chairman Adler asked why wasn't the no-access easement discovered until the final plat was done. Ms. Fertig explained that unfortunately the developer never mentioned the discrepancy regarding the easement until the final plat had been presented. Vice Chairman Adler asked if the home had already been designed prior to the approval of the final plat. Ms. Fertig replied, "correct". Vice Chairman Adler asked if the request regarding the temporary off-street parking near the home would be revised and designed for long-term parking. Ms. Fertig replied "yes". Chairman Suozzi expressed concern with the home being placed too close to the property line of the adjacent home and that a large home was being placed on a very small lot. Member Swan suggested widening Lot 97 by incorporating a portion of Lot 95 and Lot 96. Ms. Fertig explained that the company would take the suggestion into consideration,but would need to review figures to know how much land would be taken away from the o.ther lots. She stated that the recommendation would be considered to be the last resort. 3/27/01 Minutes 3 Board of Adjustment Member Swan explained it would be more feasible to take the required footage needed from Lot 95 and revise the position of the home. Chairman Suozzi agreed. Member Lewis asked what was the average square footage of a home in the Naranja Ranch I Subdivision. Ms. Fertig replied "about 2800 square feet." Vice Chairman Adler asked for an estimated cost to make revisions to the model. He also asked if it was feasible to make a plat amendment to change Lot 95 and Lot 97 so that the applicant could change the size of the model to accommodate the setbacks and meet the requirements. Ms. Fertig explained that with the engineers cost and amending the plat the estimated cost would be approximately $8,000.00. Vice Chairman Adler asked if that would virtually wipeout the profit. Ms. Fertig replied "yes." Bryant Nodine, Planning and Zoning Administrator explained that the plat change could be processed without a plat amendment by recording the change to the Pima County Recorders Office. He explained that the only problem would be how the change would affect the fit of the model home on Lot 95. Vice Chairman Adler explained that the applicant had stated that they were not aware of the no-access easement from the developer until the final plat was confirmed, and at that time, when the final plat was submitted and approved, the applicant had already designed the models. He asked if this was a conventional process. Mr. Nodine explained that the no-access easement is usually shown at the Preliminary Plat stage,but that the plat had other problems as well. Vice Chairman Adler stated that he was surprised by the sequence of events, especially the fact that the applicant was unaware of the no-access easement at a point in time when the model had already been designed for a lot that was believed to be conventional in the sense of having ordinary access. Member Swan asked how many lots in the subdivision did the applicant originally purchase on the deal. Ms. Fertig replied "26 lots." Member Swan asked if the subdivision had a Homeowners Association. Ms. Fertig replied "yes,we do." 3/27/01 Minutes 4 Board of Adjustment Member Done confirmed that after doing some research that in July of last year the majority of homes located on Via De La Verbenita were at least 2200 square feet except for one, which was 1748 square feet. Chairman Suozzi reiterated that the Board had received correspondence letters from the homeowners association. The letters stated the following: March 12, 2001 To: Oro Valley Planning & Zoning Attn: Dee Widero From: Bert Kupersmith Naranja Ranch 1 Homeowners Association Re: Setback Variance Request for 11789 North Via de la Verbenita lot 97 Apparently this builder is coming back for the same variance requested, AND REJECTED, last July. It violates both the original Plat and our CCR's. The Naranja Ranch 1 Homeowners Association remains against granting this request for the same reasons stated in our previous letter(ATTACHED). Would you please make sure these letters get in the hands of the appropriate member(s) of the Planning and Zoning Commission. Thank you. Sincerely, Bert Kupersmith Member Board of Directors—Naranja Ranch 1 Homeowners Association Chairman— Architectural Review Committee I can be reached at 11514 North Via de la Verbenita 219-1250 ***** July 19, 2000 To: Oro Valley Planning & Zoning Attn: Dee Widero From: Bert Kupersmith Naranja Ranch 1 Homeowners Association Re: Setback Variance Request for 11789 North Via de la Verbenita, lot 97 3/27/01 Minutes 5 Board of Adjustment This is to inform you that the Naranja Ranch 1 Homeowners Association is against granting this requested variance to front and back setbacks. A far as we know, no other set back variances have been granted in the subdivision. Other builders have had to deal with similar issues by modifying their house plans or just building a smaller house. The setback is a defining characteristic of the subdivision and it would be unfair to other homeowners to allow this house to be visibly different than all the others. It would be especially unfair to future neighbors who cannot be represented now as these lots are unsold. The Homeowners Association feels it our responsibility to put our position forward in a strong manner. Thank you. Sincerely, Bert Kup ersmi th Member Board of Director—Naranja Ranch 1 Homeowners Association Chairman—Architectural Review Committee I can be reach at 11514 North Via de la Verbenita 219-1250 Dee Widero, Senior Zoning Inspector reviewed the staff report. She explained that the Lantana Corporation requests to reduce the front yard setback from 20' to 15' and the rear yard setback from 25' to 10'. She said that due to the shallowness of this corner lot, the approved model #2218 is the closest fit for this lot and will need a variance approval in order to comply. She explained that the site was located in Naranja Ranch I, north of Glover Road. Naranja Ranch 1, is a 170-lot subdivision and abuts Copper Ridge I to the north and Copper Ridge II and Desert Vista to the east. To the west is Ironwood Ranch and La Cholla Estates. Ms. Widero explained that all property owners within 300 feet of the property were notified by mailing of the hearing and the property has been posted with a notice of hearing and that the hearing was advertised in the Daily Territorial Newspaper. She said that at the time of the report preparation, staff had not received any public comment supporting the request,but had received a letter in opposition from the Naranja Ranch 1 Homeowners Association and a voice mail from a concerned citizen opposing the development. Ms. Widero explained that Lot 97 consists of 11,473 square feet in total area; it is a very shallow lot, and at one point it is only 76 feet deep. She explained that without a variance, the lot would require a home no greater than 31 feet deep. She explained that to the east and around the curve of the lot is a 1-foot no-access easement. She explained that the star shown on the final plat exhibit indicates access onto the property and that the driveway to the garage must enter from the north. 3/27/01 Minutes 6 Board of Adjustment Staff finding of fact: • The shape of the lot creates special circumstances or conditions. • The applicant or owner did not create the circumstance or condition. • The Development Review Board (DRB) approved model home plans for Lantana Corporation are similar in size and architecture as other properties in the area. Chairman Suozzi opened the Public Hearing. There being no speakers Chairman Suozzi closed the Public Hearing. Ms. Fertig reiterated that reducing the setbacks would be the easiest way to solve the problem. Chairman Suozzi asked if the applicant had any final comments. Ms. Fertig"no." Vice Chairman Adler stated that when the Town approves models and lots that the Town should bear some responsibility should there ultimately or eventually occur a discrepancy between the models and lots that has been approved. Therefore, he could not excuse the Town of some responsibility for the problem. On the other hand, the builder clearly has some responsibility to submit models designed for the project, conform to the CC&R's and to the lots that are described. He stated that the builder should bear the primary responsibility for the discrepancy. He said that it was regrettable that the no-access easement was not noted on the Preliminary Plat, but did not know if that would excuse the builder from the normal due diligence involved in researching the models and the lots that are proposed. He stated that the builder should have made sure that they conformed to the CC&R's and to the appropriate setbacks. He explained that he was factoring in that to make adjustments to the model would be prohibitively expensive and that it could represent a degree of hardship that would justify allowing the variance. But, he believed it was the builders responsibility to avoid these problems and that through the due diligence process, the difficulty should have been detected early enough in the process so that they would not be locked into a situation which seems to be almost unattainable at the moment. He explained that the fact that it was unattainable, in his opinion, was because the problem was not necessarily the responsibility of the Town. Although the lot is peculiar in shape, it is the responsibility of the builder to propose models that fit, not the responsibility of the Town to adjust the Zoning Code to fit the models on an irregularly shape lots. MOTION: Vice Chairman Adler moved to deny the application for variance for CASE NO. OV10-01-02 for the reasons stated above. Motion seconded by Member Lewis. 3/27/01 Minutes 7 Board of Adjustment ROLL CALL VOTE Chairman Suozzi — aye Vice Chairman—aye Member Lewis— aye Member Done—aye Member Swan - aye Motion carried to deny Case No. OV 10-01-02, 5-0. PLANNING AND ZONING UPDATE Bryant Nodine, Planning and Zoning the following: • The General Plan update will begin in the next couple of months. • There are proposals in for Rancho Vistoso Neighborhood 4, a C-2 Zone property located on the southwest corner of Tangerine and Oracle. He reported there was a book available for review from Vistoso Partners indicating their intentions. He announced that there would a neighborhood meeting on Thursday night at 7:00 p.m. in the Navajo Room in the Development Services building. • The Ritz Calton Development Plan have been completed and will be presented to the Town Council this month. • The engineering plans has not been completed for the new Osco Drug Store, but will be located on Lambert and La Canada. • The new Walgreen's Drug Store has not submitted improvement plans and the project is currently on hold. Member Done asked what would be the general time commitment for citizens who volunteer to serve on a General Plan. Mr. Nodine stated that at least 1 evening meeting once a month, 3 training meetings and 1 full day on a weekend. ADJOURNMENT MOTION: Member Swan moved to adjourn the meeting at 4:05 p.m. Motion SECONDED by Member Done. Motion carried, 5-0. Resp-ctfully submitted, : dtd,) � n Linda Hersha, Secretary II