MINUTES
ORO VALLEY BOARD OF ADJUSTMENT
*AMENDED (6/14/13, 2:00 PM)
STUDY/REGULAR SESSION

June 25, 2013
ORO VALLEY COUNCIL CHAMBERS
11000 N. La Canada Drive
 
*STUDY SESSION CALL TO ORDER AT OR AFTER 3:00 PM

Chair Adler called the Board of Adjustment Study Session to order at 3:00 P.M.

*ROLL CALL

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

ALSO PRESENT     Greg Caton, Town Manager
                           Mike Zinkin, Council Liaison
                           Joe Andrews, Chief Civil Deputy Town Attorney
                           Paul Keesler, Director/Town Engineer

*ORDER OF BUSINESS
Chair Adler reviewed the objectives of the study session, with regards to the letter from David Williams, Planning Division Manager, which was included in the Board of Adjustment meeting packet. 

*STUDY SESSION AGENDA

*1.  DISCUSSION REGARDING THE FIVE VARIANCE CRITERIA AND SOUND AND DEFENSIBLE DECISION MAKING BY THE BOARD OF ADJUSTMENT

Joe Andrews, Oro Valley Chief Civil Deputy Attorney, and Greg Caton, Town Manager, both reiterated the need for the Board of Adjustment Members to follow the five findings for all cases heard by the Board. A variance must meet all five findings in order to be approved. 

*ADJOURNMENT

MOTION: A motion was made by Vice Chair Dankwerth and seconded by Member Bohl to Adjourn was

MOTION carried, 5-0.

REGULAR SESSION CALL TO ORDER AT OR AFTER 3:00 PM

Chair Adler called the Regular Board of Adjustment Session to order at 3:30 P.M.

ROLL CALL

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

ALSO PRESENT     Greg Caton, Town Manager
                           Mike Zinkin, Council Liaison
                           Joe Andrews, Chief Civil Deputy Town Attorney
                           Paul Keesler, Director/Town Engineer

ORDER OF BUSINESS 

Chair Adler introduced the process by which a citizen may speak, and general housekeeping information for the members of the audience.

REGULAR AGENDA

1.

APPROVAL OF THE MAY 28, 2013 MEETING MINUTES

Member Shoeppach noted minor changes to page 3 of the May 28, 2013 Meeting Minutes.


Board of Adjustment Regular Session DRAFT Minutes May 28, 2013

MOTION: A motion was made by Member Schoeppach and seconded by Member Bohl to Approve the Oro Valley Board of Adjustment Meeting minutes for May 28, 2013, as amended

MOTION carried, 5-0.

2.

DISCUSSION AND POSSIBLE ACTION TO RECONSIDER, AT A FUTURE MEETING, THE BRAMBLE VARIANCE CASE OV1013-06, LOCATED AT 10709 N. HEWITT PLACE.


MOTION: A motion was made by Chair Adler and seconded by Member Schoeppach to Reconsider the Bramble Variance case OV1013-06, located at 10709 N. Hewitt Place, at a future meeting was

MOTION carried, 5-0.

3.

VARIANCE FOR THE WEISS RESIDENCE AT 1044 LONE MESQUITE DRIVE FOR A FRONT YARD SETBACK REDUCTION FROM 20’ TO 10’ FOR A SWIMMING POOL, OV1013-08


Staff Report, Patty Hayes, Zoning Plans Examiner

OV1013-08 Attachment 1

OV1013-08 Attachment 2

0V1013-08 Attachment 3

OV1013-08 Attachment 4

Patty Hayes, Senior Planning Technician, presented a Staff Report detailing the following:

-Approvals to Date
-Location Map
-Subdivision Photo
-Request Details
-Applicant's Proposal
-Weiss Lot 22 Image
-Weiss Lot 22 Image (2)
-Public Input
-Variance Criteria
-Summary

Chair Adler requested clarification regarding Criteria 1 and 3, from staff.

Rudy Poe of Realm Environments, explained the thought process behind the design of the pool on the Weiss property. Mr. Poe explained the back yard does not allow for a pool; the yard is too small for the size of pool being proposed. Mr. Poe also feels the proposed design would meet the needs of the Weiss family, as well as compliment the aesthetics of their property. 

Mr. Weiss, the property owner and an Oro Valley Resident, confirmed the reasoning behind the proposed design and location.

MOTION: A motion was made by Chair Adler deny OV1013-08 as Chair Adler did not feel Criteria 1 and 3 were met. The motion died for lack of a second.

MOTION: A motion was made by Vice Chair Dankwerth and seconded by Member Bohl to Approve OV1013-08

MOTION carried, 4-1 with Chair Adler opposed.

4.

VARIANCE FOR THE BRASHEAR RESIDENCE AT 10260 NORTH RANCHO SONORA DRIVE TO REDUCE THE REAR SETBACK FROM 40’ TO 35’ AS RELATED TO A GUEST HOUSE, OV1013-09.


Staff Report, Hillary Turby, Senior Planner

OV1013-09 Attachment 1

OV1013-09 Attachment 2

OV1013-09 Attachment 3

OV1013-09 Attachment 4

Hillary Turby, Senior Planner, presented a staff report detailing the following information:

-Approvals To Date
-Location Map
-Request Details
-Applicant's Proposal
-Brashear Property Details
-Public Input
-Five Criteria
-Summary

Terry Brashier, Oro Valley Resident and Applicant, reviewed the history of the house and the placement of the building to gain maximum exposure to sunlight for the solar panels. Mr. Brashier clarified the height difference between the house and storage structure recently built on his property.

Benus Arnold, Oro Valley Resident, expressed she is opposed to the variance request by Mr. Brashier. Mrs. Arnold is concerned with her ability to see or have a good view from her home.

Karen Stratman, Oro Valley Resident, strongly disapproves of the variance request from Mr. Brashier. Mrs. Stratman expressed concern regarding the height of the structure, and the obstruction of her views.

Liz Rullo, Oro Valley Resident, feels the request from Mr. Brashier is for a two story home. Mrs. Rullo is opposed to the setback reduction, as Mr. Brashier's property is large enough to find an alternate location for his proposed build without impacting his neighbors. Mrs. Rullo is also concerned this will set a precedence for these exceptions and reductions in their neighborhood. Mrs. Rullo further challenged the definition provided for "attached structure", as Mr. Brashier's guest house would be connected by a breezeway several feet wide to the main house.

Paul Keesler, Development and Infrastructure Services Director, reassured the audience and Board members that there would be a point in the permitting process where all of the drainage issues would be addressed and resolved.

MOTION: A motion was made by Member Roach and seconded by Vice Chair Dankwerth to Approve OV1013-09

MOTION carried, 4-1 with Member Schoeppach opposed.

PLANNING UPDATE (INFORMATIONAL ONLY)
Chad Daines, Principal Planner, updated Members of the Board of Adjustment regarding Mike Arnold's case from April. Mr. Arnold had requested a rear yard setback variance, as well as a hillside development applicability exception, both of which were approved by the Board of Adjustment. A related case regarding a modification of the conservation easement for this property went before the Town Council and was approved on June 5th.

There is a neighborhood meeting tonight in the Library Program Room, regarding the Retreat at Stone Canyon, a single family residential subdivision in Rancho Vistoso. 

In addition to the Bramble variance, there is another request for a variance on the July 23rd Board of Adjustment meeting agenda from Meritage Homes. 

FUTURE AGENDA ITEMS

Chair Adler asked the Board Members for future agenda items to be considered. There were no future agenda items to be added by the Board members at this time.

ADJOURNMENT

MOTION: A motion was made by Vice Chair Dankwerth and seconded by Member Bohl to Adjourn . Chair Adler and the Board of Adjustment Members Adjourned the Regular Session at 4:37 P.M.

MOTION carried, 5-0.