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MINUTES ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION May 26, 2020 ZOOM ONLINE MEETING (NO RECORDING AVAILABLE)

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:	Helen Dankwerth, Chair
	Stephen Roach, Vice Chair
	Octavio Barcelo, Member
	Mary Murphy, Member
	David Perkins, Member
Staff Present:	Michael Spaeth, Principal Planner
	Joe Andrews, Chief Civil Deputy Attorney
Attendees:	Steve Solomon, Town Council Liaison

PLEDGE OF ALLEGIANCE

Chair Dankwerth recited the Pledge of Allegiance.

CALL TO AUDIENCE

There were no speaker requests.

COUNCIL LIAISON COMMENTS

Council Liaison Solomon thanked the members for their attendance and welcomed Member Murphy to the Board.

REGULAR SESSION AGENDA

REVIEW AND APPROVAL OF THE FEBRUARY 26, 2019 REGULAR SESSION MEETING MINUTES


				Motion by Member David Perkins, seconded by Member Octavio Barcelo to approve the February 26, 2019 meeting minutes as written.

				Vote: 5 - 0 Carried

	2.			REVIEW AND APPROVAL OF THE MAY 21, 2019 REGULAR SESSION MEETING MINUTES


				Motion by Member Octavio Barcelo, seconded by Member Mary Murphy to approve the May 21, 2019 meeting minutes as written.

				Vote: 5 - 0 Carried

	3.			PUBLIC HEARING: REQUEST FOR A VARIANCE TO CONSTRUCT A DETACHED GARAGE IN THE FRONT YARD OF A PROPERTY LOCATED AT 10971 N. POINSETTIA DR. (2000517)
				Senior Planner Hannah Oden provided a presentation that included the following: - Purpose - Location map - Applicant's request - Five Criteria - A review of each of the five criteria in further detail: (1) Special circumstances applying to property (2) Shall not grant special privileges (3) Not detrimental to the neighborhood (4) Circumstances not created by the owner (5) Substantial property right - Summary Discussion ensued between the Board and staff. Applicant and homeowner Michael West provided a presentation on his written rebuttal to the staff report; this document was also provided to the Board. He spoke on the five (5) requirements and his perspective on staff's interpretation of those requirements. He outlined his reasons and provided examples of why he disagrees with staff's recommendation. Discussion ensued between the Board and applicant. Chair Dankwerth opened the public hearing. Peter Wong, who owns a home adjacent to the applicant, spoke about his concerns of the project as outlined in the letter he submitted to staff, which was provided to the Board. Chair Dankwerth closed the public hearing.
				Further discussion continued among the Board, applicant and staff.


				Motion by Member David Perkins, seconded by Member Octavio Barcelo to deny this variance request to construct a detached garage in the front yard of 10971 N Poinsettia Drive, based on the finding that the five criteria have not been met.

				Member Perkins stated that the special circumstances referenced in the criteria were not only those described in criteria 1, but also special circumstances of the situation created by the owner, in this case, the excess vehicles.
				A roll call vote was taken: Chair Dankwerth - Aye Vice Chair Roach - Nay Member Perkins - Aye Member Barcelo - Aye Member Murphy - Aye

Vote: 4 - 1 Carried

OPPOSED:

Vice Chair Stephen Roach

ADJOURNMENT


				Motion by Member Octavio Barcelo, seconded by Member Mary Murphy to adjourn the meeting.

Chair Dankwerth adjourned the meeting at 4:41 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 26th day of May, 2020 I further certify that the meeting was duly called and held and that a quorum was present.

Dated this 27th day of May, 2020.

___________________________
Jeanna Ancona
Senior Office Specialist