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AGENDA ORO VALLEY BOARD OF ADJUSTMENT
REGULAR SESSION NOVEMBER 24, 2015
ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE
CALL TO ORDER AT OR AFTER 3:00 PM
ROLL CALL
PLEDGE OF ALLEGIANCE
REGULAR SESSION
1. REVIEW AND/OR APPROVAL OF THE JULY 28, 2015 REGULAR SESSION MEETING MINUTES
2. DISCUSSION AND POSSIBLE ACTION ON REQUEST FOR A VARIANCE FOR 830 EAST PALISADES ROAD TO ALLOW A DETACHED GARAGE TO BE CONSTRUCTED CLOSER TO THE FRONT LOT LINE THAN THE HOME, OV1501314
3. UPDATE AND DISCUSSION REGARDING THE LEGAL TERMS "STANDING AND "AGGEIEVED" AND RECENT LEGISLATIVE CHANGES PERTAINING TO APPEALS OF DECISIONS
4. DISCUSSION REGARDING SITE TOURS AND EX PARTE CONTACTS
FUTURE AGENDA ITEMS
PLANNING UPDATE (INFORMATIONAL ONLY)
ADJOURNMENT
POSTED: 11/12/15 at 5:00 p.m. by mrs When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Board of Adjustment meeting in the Town Clerk's Office between the hours of 8:00 a.m. – 5:00 p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Town Clerk’s Office at least five days prior to the Board meeting at 229-4700.
INSTRUCTIONS TO SPEAKERS
Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Board during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Board on any item(s) on this agenda, please complete a blue speaker card located on the Agenda table at the back of the room and give it to the Recording Secretary. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during “Call to Audience,” please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Chair announces the item(s) on the agenda which you are interested in addressing. 1. For the record, please state your name and whether or not you are a Town resident. 2. Speak only on the issue currently being discussed by the Board. Please organize your speech, you will only be allowed to address the Board once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During “Call to Audience” you may address the Board on any issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present.
Thank you for your cooperation. "Notice of Possible Quorum of the Oro Valley Town Council, Boards, Commissions, and Committees: In accordance with Chapter 3, Title 38, Arizona Revised Statutes and Section 2-4-2 of the Oro Valley Town Code, a majority of the Town Council, Conceptual Design Review Board, Historic Preservation Commission, Parks and Recreation Advisory Board, Planning and Zoning Commission, Storm Water Utility Commission and/or the Water Utility Commission may attend the above referenced meeting as a member of the audience only."
8/4/2015 July 28, 2015 Board of Adjustment Regular Session Draft Minutes Page 1 of 3
DRAFT MINUTES ORO VALLEY BOARD OF ADJUSTMENT
REGULAR SESSION July 28, 2015
ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE
ROLL CALL PRESENT: Bill Adler, Chair
Helen Dankworth, Vice Chair John Bohl, Member Stephen Roach, Member
EXCUSED: Michael Shoeppach, Member ALSO PRESENT:
Jose Rodriguez, Engineering Division Manager Joe Andrews, Chief Civil Deputy Attorney Mike Zinkin, Council Liaison
CALL TO ORDER AT OR AFTER 3:00 PM Chair Adler called the regular session of the Board of Adjustment to order at 3:07 pm. PLEDGE OF ALLEGIANCE Chair Adler led the Board and members of the audience in the Pledge of Allegiance. REGULAR SESSION *1. REVIEW AND/OR APPROVAL OF THE FEBRUARY 24, 2015 REGULAR SESSION MEETING MINUTES MOTION: A motion was made by Vice Chair Dankworth and seconded by Member Roach to approve MOTION carried, 4-0. 2. DISCUSSION AND POSSIBLE ACTION ON A TOWN OF ORO VALLEY
INITIATED REQUEST FOR VARIANCES FROM THE R1-144 ZONING DISTRICT TO REDUCE THE MINIMUM LOT SIZE REQUIRED FOR ELEVEN PROPERTIES LOCATED ON THE NORTH AND SOUTH SIDE OF TANGERINE ROAD, BETWEEN LA CANADA DRIVE AND SHANNON ROAD. THE PIMA COUNTY ASSESSOR TAX PARCEL NUMBERS FOR THE AFFECTED
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8/4/2015 July 28, 2015 Board of Adjustment Regular Session Draft Minutes Page 2 of 3
PROPERTIES ARE AS FOLLOWS: 219-41-014A; 219-41-014C; 219-41-014D; 219-41-015B; 224-11-0180; 224-11-016B; 219-46-023B; 219-47-012F; 219-47-012G; 219-47-0160; 219-47-015B, OV1500765
Chad Daines, Principal Planner, presented a staff report which detailed the following information:
Timing of Tangerine Rd. improvements Location map – west of La Cholla Location map – east of La Canada Lot size reductions Variance criteria
Jose Rodriguez, Engineering Manager, stated the Town of Marana is the lead agency for the Tangerine Rd. widening project. They have chosen a contractor and are currently 90% complete with their plans. Mr. Rodriguez stated the community should start seeing the utility and communication construction process starting somewhere around September or October of this year. The actual road construction should then begin in January or February of next year. Therefore, Mr. Rodriguez felt we are encroaching upon a critical time frame for the acquisitions, and need to complete appraisals. Johnathan Roof, Pima County Resident, indicated his support of the variance. With the variance, he and other property owners are able to build on their properties. Frank Cassidy, Marana Town Attorney was representing the lead agency for the acquisition of the right of way. Mr. Cassidy stated the variance is needed so they may complete the appraisals to move forward with the acquisition of the right away, which determines the character of the lot. Mr. Cassidy explained the importance of the Boards decision, and reiterated the importance of being fair to the property owners who are and will be affected by the project William Matthews, property owner of four of the parcels being discussed, stated without the variance he would be looking at either bankruptcy or having to try to get the properties rezoned for commercial if the variance was not accepted. Mr. Matthews indicated his support for the variance. MOTION: A motion was made by Vice Chair Dankworth and seconded by Member Bohl to approve the variance as provided on Attachment 5 to the staff report. MOTION carried, 4-0. 3. DISCUSSION AND COMMENT ON THE YOUR VOICE, OUR FUTURE PUBLIC
REVIEW DRAFT Nora Campbell, Your Voice, Our Future, Planner, presented the YVOF Public
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8/4/2015 July 28, 2015 Board of Adjustment Regular Session Draft Minutes Page 3 of 3
Draft to the members of the Board of Adjustment. Ms. Campbell also answered a variety of questions which were posed by the Board.
PLANNING UPDATE (INFORMATIONAL ONLY) Rosevelt Arellano, Senior Planner, provided the members of the Board with the following information: Upcoming Town Council and Board of Adjustment Meetings: Town Council is on Summer Break through August 31st. Planning Division items due to be brought before Town Council September 2nd: Kneaders Conceptual Site Plan and Conceptual Architecture Miller Rezoning Maracay @ Vistoso Final Plat for Block 5 Eagles Rest Conceptual Site Plan and Conceptual Architecture Paseo Del Norte and Oracle Road Fiber Line Conditional Use Permit Board of Adjustment meeting Tuesday, August 25th: None at this time Neighborhood meeting August 5th - Nakoma Sky Senior Living Facility on the Southeast corner of Naranja Drive and First Avenue ADJOURNMENT The July 28, 2015 Board of Adjustment regular session was adjourned at 4:28 pm.
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Attachment # 1
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Location MapTrotter Variance (OV1501314)
Attachment 2
1st A
venu
e
Palisades Road
Proposed garage
Site PlanTrotter Variance (OV1501314)
Attachment 3
Palisades Road
Proposed Garage
Zoning MapTrotter Variance (OV1501314)
Attachment 4
1st A
venu
e
Palisades Road
R1-7
R1-144
R1-72
PAD-Catalina Shadows
C-2
R1-7
R6
R1-36R1-36
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Kirschmann, Robert
From: Loesche, Will <[email protected]>Sent: Monday, November 09, 2015 3:05 PMTo: Kirschmann, RobertCc: [email protected]: RE: Trotter Variance
Robert: Mr. Brandon Trubee and Ms. Francine Trotter of 830 E. Palisades Dr. asked me to visit with them concerning a proposed garage (OV1501314). I did have the opportunity to visit with them today and reviewed their proposal on site. From a fire response standpoint, the garage poses no issues if it were to be built at the requested location. Actually, it is easier to access from the street should there be a fire incident. I did review the total property for alternatives and it appears that other locations may provide greater difficulty in erecting the garage due to wildland interface and apparatus access concerns. The south rear yard is adjacent to a wildland interface area that is also property under review for development. The garage, if located in the rear yard, would be closer to the wildland interface and issues with wildfire would make the front yard more advantageous. The garage in the rear yard would also be considered an exposure to the homes being proposed on the adjoining property. The north yard option also appears to be less intrusive as there is already a level area for construction which does not interfere with fire access. In short, I would not be opposed to this proposal. Let me know if you need anything further. Sincerely,
William R. Loesche, Battalion Chief Fire Marshal - Fire & Life Safety Division Golder Ranch Fire District 3885 E. Golder Ranch Dr. Tucson, AZ 85739 (520) 818-1017 x 7011 Office (520) 954-9649 Cell www.golderranchfire.org
From: Kirschmann, Robert [mailto:[email protected]] Sent: Monday, November 09, 2015 1:59 PM To: Loesche, Will Subject: Trotter Variance Robert Kirschmann Planner Development and Infrastructure Services Town of Oro Valley 11000 N. La Cañada Drive
ATTACHMENT 5
Site Constraints Trotter Variance (OV1501314)
Attachment 6
Palisades Road
Legend
15-25% Slope
25%+ Slope
Wash
Proposed Garage
~Septic Location
From: William Adler [mailto:[email protected]] Sent: Thursday, November 12, 2015 2:17 PM To: Vella, Bayer <[email protected]>; Daines, Chad <[email protected]>; [email protected]; Arellano, Rosevelt <[email protected]> Subject: BOA 11.24.15
This is for inclusion into the BOA communications. I've known the owners of the Palisades property scheduled for hearing November 24th for many years, and was called by the owners for a discussion of their application for variance. They didn't know I was a member of the Board, but thought I could provide advice based upon my general Town experience in land use. At this point, an application had been filed with the Town, but I was not aware of this. I called the Town in advance of my appointment and was essentially told that it was appropriate for me to visit the property. The case had not be scheduled for hearing at this point in time. I expected that the property was suitable for an application, but wasn't aware that one existed. I knew that there had been contact with the Town, and several discussions and visits by the Town staff had occurred. I visited the property; walked from entrance to rear property line. Noted a minor wash running diagonally across part of the rear property; thick vegetation on the perimeter of the property - rear, east in particular - with a combination bird bath, animal drinking pond in ground near the rear vegetation. There is also terrain elevation to the east along the rear and front of the property. I did not express to the owners what might be called "advice" other than to say that photos of the rear conditions would be an appropriate element to their application. IN my personal judgment there are conditions of the property in the back of the house. I can't find a copy, but I believe I wrote an e mail to staff indicating that these were my observations. I'm providing this information again to the Board and staff to comply with my contact with property owners of our case for November 24th. I became aware following my visit that the property owners had already filed an application. So I apologize if my contact appears to compromise impartiality. I believe I can judge this matter impartially regardless of my friendship for the owners. Bill
ATTACHMENT 7
