MINUTES
ORO VALLEY BOARD OF ADJUSTMENT
REGULAR SESSION
August 28, 2012
ORO VALLEY COUNCIL CHAMBERS
11000 N. La Cañada Drive
 
CALL TO ORDER AT OR AFTER 3:00 PM

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

ROLL CALL

PRESENT:
Bill Adler, Chair
Helen Dankwerth, Member
Michael Schoeppach, Member
Stephen Roach, Member

EXCUSED: John Bohl, Member

ORDER OF BUSINESS

REGULAR AGENDA

1.

APPROVAL OF THE MARCH 27, 2012 MINUTES


MOTION: A motion was made by Member Adler to Approve the March 27, 2012 Board of Adjustment meeting minutes.

2.

DISCUSSION AND POSSIBLE RECOMMENDATION TO TOWN COUNCIL CONCERNING THE PROCESSING OF GRADING EXCEPTIONS


Chair Adler started the discussion of Item #2 by suggesting that the Board of Adjustment serve in an advisory capacity for grading exceptions, replacing the Conceptual Design Review Board (CDRB) which presently handles grading exceptions.

Chair Adler asked Town Planning Manager David Williams for his input.  Mr. Williams stated that Chapter 22.9 of the Zoning Code is where the grading exception authority exists, including that CDRB is a deciding body for grading exceptions and Town Council is the appeal body for grading exception decisions.

There is an agenda item for the September 5, 2012 Council meeting to change the authority to make the CDRB the recommending body and the Council as the deciding body.  Grading exceptions are design issues and the CDRB is equipped for those types of reviews as a design review board.

Town Director of Development and Infrastructure Services Paul Keesler who was present at the meeting supported Mr. William’s statements and added that the CDRB members have technical individuals (e.g. engineers and architects).  He reiterated that Council wants to move grading exceptions to a Council approval, and town staff believe the CDRB is a good board to hear these matters and to make recommendations.

MOTION: A motion was made by Member Adler and seconded by Member Schoeppach to Approve Board of Adjustment be considered as an alternative advisory body on grading exceptions when Council reviews its preferences for grading exceptions.

MOTION carried, 4-0.

3.

DISCUSSION AND POSSIBLE RECOMMENDATION TO TOWN COUNCIL CONCERNING THE LEVEL OF DETAIL IN BOARD OF ADJUSTMENT MINUTES


Chair Adler started the discussion about the level and importance of more detail in action minutes so that board decisions are accurately conveyed in the action minutes.  

MOTION: A motion was made by Member Adler and seconded by Member Roach to Approve recommending to Mayor and Counsel that the Board of Adjustment minutes include an explanation from the maker and seconder of the motion.

Town Attorney Joe Andrews suggested that the board submit this item to the Agenda Committee and request it to be placed on an agenda for Mayor and Council at a future public meeting.

A Friendly amendment was made by Member Mike Schoeppach that anyone opposed to a motion should state their reasons.
 
Member Stephen Roach indicated he was reluctant on the motion. 

Member Helen Dankwerth indicated synopsis minutes are not in the best interest of legal decisions or plaintiffs.

MOTION failed, 2-2 with Member Dankwerth and Member Roach opposed.

MOTION: A motion was made by Member Dankwerth to Approve to table this Item #3 indefinitely.

MOTION carried, 4-0.

4.

PLANNING UPDATE


Town Planning Manager David Williams provided the following updates: 

A public outreach meeting is on August 29, 2012 at 6:00 p.m. at Ventana Medical for the Economic Expansion Zone project to streamline the development review process for a project in Neighborhood 3 of Rancho Vistoso and Innovation Park.  Town staff met with the Sun City Homeowners Association on this project on August 28, 2012 and will be at Vistoso Community Association on August 30, 2012 doing a presentation.  A public hearing is scheduled for September 4, 2012 but may be postponed depending on the outcome of the August 30, 2012 meeting.

The El Conquistador PAD amendment was scheduled for a public hearing on September 4, 2012; however since they are re-writing their application, the meeting is delayed until September 18, 2012 for public hearing.  Also to be heard at this hearing is Fry’s expansion to build a gas station and additional signage associated with the gas station.  Thus, a Special Meeting is planned on September 18, 2012.

This week Council Members are attending the Arizona League of Cities Conference.

5.

FUTURE AGENDA ITEMS


Member Schoeppach wants the action minutes item put on the next Board of Adjustment meeting.  Member Dankwerth wants all five (5) Board of Adjustment members to be present when voting on the action minutes item.

Chair Adler wanted to add an agenda item to a future meeting regarding an amendment to the town code on cell tower heights.

Chair Adler also wanted to add a future agenda item for a discussion to clarify when it is permitted for a member to move to suspend the rules as a parliamentary procedure for suspension of rules, so members can know when that is permitted.


ADJOURNMENT

MOTION: A motion was made by Member Schoeppach and seconded by Member Adler to Approve to adjourn the meeting.

MOTION carried, 4-0.