PRESENT:

Colleen Kessler, Member Paul Parisi, Member Bart Schannep, Member

EXCUSED:

John Hickey, Member

MOTION: A motion was made by Member Schannep and seconded by Member Parisi to approve the minutes of the March 25, 2008 meeting as presented.

MOTION carried, 3-0.

CASE NO:  OV10-08-03, Liza and Tony Taylor, requests a variance from the required 15’ side yard setback to 8’.  Subject (parcel #219-50-2720) located at 989 W. Dancing Rain Court, Oro Valley, AZ, 85755.

Chair Kessler swore in the applicants.

Mr. Taylor introduced Buzz Nichols of Clark Pools stating that he was available to answer any technical questions.

Mr. Taylor stated that he and his wife found that their pool plans were in violation of the required side yard setback when they submitted their plans to the Town for a pool permit. He stated that due to the positioning of the house on the lot, the backyard was located on the side of the house. He noted that there was a limited amount of space in the yard and that due to sloping and vegetation beyond the backyard wall their options were limited. He explained that within the yard walls, space was limited by the built in bar-b-q and flagstone which were installed by a prior owner. He noted that the pool design was 30 feet long and 16 feet wide and that they were further restricted by fire egress.

It was noted that:
~Behind the Taylor’s yard was a 100 year flood plain.
~The pool would be within the property line; within 5 feet of the fence.
~Neighbors have been notified and gave their approval.
~The Homeowners Association approved the plan
~The design allows for working to keep the trees.

Zoning Inspector Patty Hayes presented the Staff report. She stated that:
~The pool would encroach 7 feet into the side yard setback.
~The required side yard setback in an R-120 zone is 15 feet.
~All property owners within 300 feet of the property were notified by mail.
~The property was posted with a Notice of Hearing.
~It was noticed online and in the Daily Territorial newspaper.
~No comments had been made in support or opposition.
~No inquiries about this case had been made.
~The retaining wall and screen wall were built in 2002.
~Oro Valley Zoning Code 25-2-D1 allowed an exception for a rear yard setback for swimming pools.  
~Oro Valley Zoning Code 25-2-D2 did not allow for a side yard setback exception.

Chair Kessler opened the public hearing at 3:13 p.m. There being no speakers, she closed the public hearing. 

Mrs. Taylor noted that the realty sales flyer promoted that there was plenty of room to build a pool. She  stressed that the pool was very important to their family.

MOTION: A motion was made by Member Schannep and seconded by Member Parisi to approve Case Number OV10-08-03, a request for a variance from the required 15' side yard setback to 8'. Subject (parcel #219-50-2720) located at 989 W. Dancing Rain Court, Oro Valley, AZ 85755

Member Schannep stated that this was not granting a special condition or privilege. He noted that due to the topography and the positioning of the neighbor to east, there was no detriment in this case.

Member Parisi concurred.

Chair Kessler agreed noting that the positioning of the house was awkward. She stated that the pool would be within the confines of the wall and that they had a right to make use of their property.

MOTION carried, 3-0.

Senior Zoning Inspector Dee Widero presented the Planning and Zoning update. She informed the Board that Member Martin had resigned as he has moved out of Town limits.

Ms. Widero stated that the rules and regulations for the Board of Adjustment needed to be reviewed. She asked the board to forward any changes to her.

MOTION: A motion was made by Member Schannep and seconded by Member Parisi to adjourn at 3:20 p.m.

MOTION carried, 3-0.