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MINUTES ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION September 28, 2021 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE

REGULAR SESSION AT OR AFTER 3:00 PM

CALL TO ORDER

Chair Dankwerth called the meeting to order at 3:00 p.m.

ROLL CALL

Present:	Joseph Affinati, Member
	Octavio Barcelo, Member
	Mary Murphy, Member
	Stephen Roach, Vice Chair
	Helen Dankwerth, Chair
Staff Present:	Milini Simms, Principal Planner
	Bayer Vella, Planning Manager
	Joe Andrews, Chief Civil Deputy Attorney
Attendees:	Steve Solomon, Town Council Liaison
	Barney Holtzman, Representing Town Attorney

PLEDGE OF ALLEGIANCE

Chair Dankwerth led the Board and the audience in the Pledge of Allegiance.

CALL TO AUDIENCE

There were no speaker requests.

COUNCIL LIAISON COMMENTS

Council Liaison Steve Solomon welcomed the Board back to in-person meetings and the newly remodeled Council Chambers.

REGULAR SESSION AGENDA

REVIEW AND APPROVAL OF THE FEBRUARY 23, 2021 REGULAR SESSION MEETING MINUTES


				Motion by Vice Chair Stephen Roach, seconded by Member Joseph Affinati to approve the February 23, 2021 meeting minutes.

A roll call vote was taken:

Member Affinati - Aye
Member Barcelo - Aye
Member Murphy - Aye
Vice Chair Roach - Aye
Chair Dankwerth - Aye

				Vote: 5 - 0 Carried

	2.			PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING A ZONING APPEAL TO AN INTERPRETATION ISSUED ON MAY 27, 2021, THAT DETERMINED THE APPLICABILITY OF A 75' HEIGHT EXCEPTION AND OTHER REQUIREMENTS ASSOCIATED WITH THE RESORT SITE IN THE RANCHO VISTOSO NEIGHBORHOOD 11
				Chief Civil Deputy Attorney Joe Andrews and Planning Manager Bayer Vella provided a presentation that included the following: Mr. Andrews: - Purpose of this agenda item - Key Description of Terms: Interpretation, Appeal, Statutory Construction, Due Diligence - Staff's focus on Due Diligence Mr. Vella: - Interpretation initiated by the Planning and Zoning Administrator (PZA) - Due Diligence review of the zoning requirement and Ordinance - Due Diligence review of application OV9-98-2B Mr. Andrews: - Summary and recommendation
				Attorney Thomas Parsons, with Stubbs & Schubart, P.C., representing the appellant, provided a presentation that included the following: - Legal parameters of Statutory Construction and analysis - Ordinance No. (O) 98-38 - Building Height Limitations to the Resort District in the Rancho Vistoso PAD - Ordinance Modification of the Mayor and Council Ordinance by Bayer Vella Posted 5/27/21 - Other Examples of Building Height Limitations in the Rancho Vistoso PAD - Rancho Vistoso PAD Hospital Building Height - Honey Bee Canyon Park
				Discussion ensued among the Board, staff and appellant. Chair Dankwerth opened the public hearing. The following individuals spoke in opposition to the appeal: - Oro Valley resident Richard Thaler - Oro Valley resident John Haugh - Oro Valley resident and former mayor Paul Loomis - Oro Valley resident Evan Thompson - Oro Valley resident Ted Riggs - completed a blue card, but wished to give the allotted time to previous speaker, Mr. Loomis - Oro Valley resident Brooke Asbell - completed a blue card, but wished to give the allotted time to previous speaker, Mr. Loomis - Oro Valley resident Terri Earnest - Oro Valley resident Suzanne Draayer - completed a blue card, but wished to give the allotted time to the next speaker, Ms. Bardach - Oro Valley resident Barbara Bardach - Oro Valley resident Amy Williams Chair Dankwerth closed the public hearing.
				Further discussion continued among the Board.


				Motion by Member Mary Murphy, seconded by Vice Chair Stephen Roach to uphold the Planning and Zoning Administrator's interpretation issued on May 27, 2021 based on the finding it accurately represents the facts.

Chair Dankwerth called on each member for their vote:
Mr. Barcelo - Aye
Mr. Roach - Aye
Ms. Murphy - Aye
Mr. Affinati - Aye
and added that she votes "Aye" as well.

				Vote: 5 - 0 Carried

ADJOURNMENT Chair Dankwerth adjourned the meeting at 4:35 p.m.

I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Board of Adjustment of Oro Valley, Arizona held on the 28th day of September, 2021. I further certify that the meeting was duly called and held and that a quorum was present.

___________________________
Jeanna Ancona
Senior Office Specialist