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HomeMy WebLinkAboutMinutes - Board of Adjustment - 11/28/2000 MINUTES TOWN OF ORO VALLEY BOARD OF ADJUSTMENT NOVEMBER 28, 2000 ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE CALL TO ORDER: 3:00 p.m. ROLL CALL PRESENT: James Swan, Chairman Bill Adler,Member Lyra Done, Member Henry Suozzi, Member Cindy Lewis, Member STAFF PRESENT: Bryant Nodine, Planning and Zoning Administrator Shirley Gay, Assurance Clerk Dee Widero, Senior Zoning Inspector Debbie Moran, Zoning Tech Craig Civalier, Senior Engineer Bob Conaut, Planner II APPROVAL OF MINUTES A MOTION was made by Member Adler and seconded by Member Suozzi to approve the minutes of August 22, 2000 with the corrections noted. Motion carried 5-0. Chairman Swan moved Item 1 forward to be preceded by the nomination of the Chair and Vice Chair to the Board of Adjustment. 1. OV-10-00-15 RON ASTA FOR CRICKET COMFORTABLE WIRELESS, REQUEST FOR A VARIANCE FOR A PROPOSED MINOR COMMUNICATION FACILITY TO REDUCE THE REQUIRED 40 FEET SETBACK TO 15 FEET FROM THE WEST AND 25 FEET FROM THE NORTH PROPERTY LINES. SUBJECT PROPERTY: ORO VALLEY UNITED CHURCH OF CHRIST, 1401 EAST EL CONQUISTADOR WAY, ORO VALLEY,ARIZONA 85737 Dee Widero, Senior Zoning Inspector reviewed the report. She explained that Cricket Comfortable Wireless has identified the need for a Minor Communications Service facility to serve in La Reserve Planned Area Development (PAD). The proposed equipment will be located below the existing detention basin at the northwest corner of the Oro Valley United Church Chapel at Pusch Ridge. The development on this parcel is governed by the development standards of the Private Schools and Churches (PS&C) district. The standards from this zone require a 40 feet setback from all property lines, 11/28/00 MINUTES,BOARD OF ADJUSTMENT 2 The applicant is requesting a reduction of these setbacks to 15 feet from the west and 25 feet for the equipment cabinets and the equipment will be approximately 100 feet from the closest backyard. Ms. Widero explained that there is a three-acre site for the proposed facility located east of the El Conquistador Patio Homes and south of The Ridge at La Reserve, a single- family residential neighborhood. At the northwest end of the main parking area is a detention basin surrounding with chain link fencing. Just beyond is a 5-foot retaining wall. Some of the homes at The Ridge at La Reserve above the proposed site may be able to look down upon the site,but their primary views are horizontally over the site. The site is above and visible from some backyards of the El Conquistador Patio Homes. Ms. Widero reported that she has received (2) calls of concern regarding the drainage in the area. No other calls or letters with comment have been received in support for or in opposition to the request for variance and the applicant has met with some of the homeowners of The Ridge at La Reserve. Staff finding of facts: • The property is more loped than other properties in the district and the high location eliminate obstructions for the communication facility. • The site will be noticeable from some adjacent properties, especially those below it that look up past it to mountain views. • If this variance request is approved, the applicant will then need to submit an application to the Development Review Board(DRB) for approval. The DRB is required to consider visual impacts and ensure the emissions meet Federal standards. • If this variance is approved the applicant will need to ensure that the drainage changes not affect downstream properties. Chairman Swan swore in the witness that was intending to testify. Ron Asta, 3661 North Campbell Ave., #108, explained that at the request of Member Adler, he had brought an exhibit of the actual antenna that would be used on the site, and proceeded to review the site plan using the overhead projector. Chairman Swan asked if staff was satisfied with the drainage system to adequately handle the extension of the existing detention outfall pipe. Chairman Swan swore in the witness that was intending to testify. Craig Civalier, Senior Engineer, stated that he had not reviewed the drainage system report,but would request that a review of the site be done. He said that his concern was the velocity of the water not being slowed down enough. He explained that after the pipe was extended,the water could run further downhill. 11/28/00 MINUTES,BOARD OF ADJUSTMENT 3 Member Done suggested that the (3) towers behind the wall are moved back, leaving the structure out of sight of the neighboring homes and possibly using a different color scheme. Mr. Asta explained that the color scheme could be reviewed and approved by the Town before the structure was painted. He added that the equipment could be moved slightly to the east. Member Adler felt that there were other alternatives. He stated that a variance could be avoided by having an antenna install that was acceptable, this would avoid using the Zoning Code to accommodate a commercial business. Mr. Asta stated that if the unit were mounted on the wall of the church, it would not provide the coverage needed. He said the neighbors have already opposed placing the antenna on the rooftop. He explained that if adequate coverage were not provided,the consumer would experience fallout in communication and the only solution would be to find another site. Member Suozzi asked if there were other alternatives. Mr. Asta explained that Cricket Communications had approached the hotel about installing an antenna, but the hotel was already leasing equipment and antenna space to Sprint Communications. Chairman Swan opened the public hearing. Chairman Swan swore in the witness intending to testify. John Clarke, 1172 East Camino Diestro, stated that he wanted to clarify that the El Conquistador Homeowner Association had not approved the installation of the antenna nor have they objected,but felt that a 10 foot retaining wall would deprive the look of the area. Chairman Swan swore in the witness intending to testify. Margaret Frank, 1246 East Camino Diestro, stated that she had received a letter from the Town regarding the matter,but had not received any information from Cricket Communications. She felt that approving the variance would set the precedent for other companies wanting to do business in Oro Valley. Chairman Swan swore in the witness that was intending to testify. Art Segal, 10148 North Bighorn Butte Drive, was in support of the development of the site. His only concern was if the facility would have a negative impact in terms of radiation in the area. 11/28/00 MINUTES,BOARD OF ADJUSTMENT 4 Mr. Asta gave the following explanation for various questions raised by the Board regarding the site: • If trees were planted in front of the wall, it would block the line of sight. • Desert shrubs could be added to the bottom 4 feet, leaving a 6-foot wall in view. • There would be no new grading for roadways. • There is no available space for additional minor communication facilities in the area. • The facility would cover a 3-mile radius. • Cricket Communication has looked at the possibility of other site's but has had difficulties with timing. Member Suozzi asked staff if there was another location to place the antenna that would be less obtrusive to the homeowners in the area. He asked if staff had any recommendation. Ms. Widero stated that there were no high locations available that would accommodate Cricket Communications at this time. Bryant Nodine explained that with the direction of the town attorney, staff was required to provide only the "finding of fact." Member Adler stated that he did not see the Town having the responsibility to bend the rules to allow a commercial enterprise to do business or more business in the Town. He said that in his opinion the variance process is designed not to make this kind of accommodation. He said, "even though it is a neat convenience, it is not essential." MOTION: Member Adler moved to DENY OV 10-00-15, finding that there are other locations for an antenna,be it less than perfect or less than 100% coverage which do not require a variance. It is in my opinion to allow a variance for this use is inconsistent with the zoning requirements. Motion SECONDED by Member Done. Member Done stated that she believed in free enterprise,but felt there had been several cellular services presenting their case over past the 3 months, and that the situation was getting increasingly out of hand for variances for the Town to accommodate these types of services. Member Suozzi stated that he had concern that the homeowner's did not have much input and he felt uncomfortable that there weren't any alternatives. He felt that it would have been appropriate to place the unit in a commercial use area. ROLL CALL VOTE Member Adler—aye Member Lewis—nay Chairman Swan—aye Member Done—aye Member Suozz- aye 11/28/00 MINUTES,BOARD OF ADJUSTMENT 5 MOTION carried, 4-1, Member Lewis oppose. Chairman Swan stated that based on the 5 findings of fact that he could not see anything in the application that would allow the Board to approve the variance. NOMINATION OF CHAIRPERSON AND VICE CHAIRPERSON TO THE BOARD OF ADJUSTMENT Chairman Swan opened the floor for nominations. Chairman Swan NOMINATED Member Suozzi for Chairperson. Member Adler SECONDED the nomination. Chairman Adler NOMINATED Member Done for Chairperson. He felt that she had a good impression and respect for procedure to run an excellent meeting and defend the Board's actions. Member Lewis SECONDED the motion. Chairman Swan closed the floor for nominations. ROLL CALL VOTE Member Adler—nay Member Lewis—aye Chairman Swan—aye Member Done—nay Member Suozzi—aye The vote for Member Suozzi as Chairperson carried, 3-2,Member Done and Member Adler oppose. Chairman Swan opened the floor for nominations for Vice Chairperson. Member Suozzi NOMINATED Member Adler for Vice Chairperson. Member Done SECONDED the motion. Chairman Swan closed the floor for nominations. ROLL CALL VOTE Member Adler—aye Member Lewis— aye Chairman Swan—aye Member Done— aye Member Suozzi—aye The vote for Member Adler for Vice Chairperson carried, 5-0. 11/28/00 MINUTES,BOARD OF ADJUSTMENT 6 Member Adler expressed his appreciation to Chairman Suozzi for their style and manner of treatment to the applicants when reviewing the various cases. He felt there had been reasonably good results. Member Suozzi agreed. PLANNING AND ZONING UPDATE Mr. Nodine announced that there would not be a meeting in the month of December. He also announced that now would be an appropriate time for the Board to schedule a meeting to review procedures and discuss various issues. Discussion followed regarding various topics to be reviewed at the study session: • Setting date for study session • Contact all members in advance if a meeting has been canceled • Reconsideration of variances ADJOURNMENT MOTION: Chairman Swan MOVED to adjourn the meeting at 4:30 p.m. Motion SECONDED by Member Suozzi. Motion carried, 5-0. Res•ectfully submitted, Linda Hersha, Secretary II