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MINUTES
ORO VALLEY BOARD OF ADJUSTMENT
REGULAR SESSION
July 28, 2020
MEETING HELD VIA ZOOM
             
REGULAR SESSION AT OR AFTER 2:00 PM
             
CALL TO ORDER

Chair Dankwerth called the meeting order at 2:09 p.m. and welcomed everyone.
             
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
Milini Simms, Principal Planner
Joe Andrews, Chief Civil Deputy Attorney
  Chair Dankwerth recited the Pledge of Allegiance and reviewed the instructions on how to participate in the meeting.
             
EXECUTIVE SESSION – Pursuant to ARS §38-431.03(A)(3) for legal advice with the Chief Civil Deputy along with discussion, and consultation with designated Town representatives regarding application of the criteria for deciding a variance.
  Motion by Member Octavio Barcelo, seconded by Vice Chair Stephen Roach to enter into Executive Session.
  A roll call vote was taken:

Chair Dankwerth - Aye
Vice Chair Roach - Aye
Member Perkins - Aye
Member Barcelo - Aye
Member Murphy - Aye
  Vote: 5 - 0 Carried
  Chair Dankwerth listed the members of staff joining the Board in Executive Session: Mr. Spaeth, Mr. Andrews, Ms. Ancona and Ms. Simms.
             
RECONVENE THE REGULAR SESSION AT OR AFTER 3:00 PM
             
CALL TO ORDER

Chair Dankwerth called the meeting to order at 3:03 p.m. and thanked everyone for attending.
             
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
Milini Simms, Principal Planner
Joe Andrews, Chief Civil Deputy Attorney
             
PLEDGE OF ALLEGIANCE

Chair Dankwerth recited the Pledge of Allegiance for the Board and Audience.

Chair Dankwerth reviewed the instructions on how to paticipate in the meeting.
             
CALL TO AUDIENCE

There were no speaker requests.
             
COUNCIL LIAISON COMMENTS

The Town Council Liaison was not present at the meeting. Mayor Winfield was in attendance, but as an observer only.
             
REGULAR SESSION AGENDA
             
1. REVIEW AND APPROVAL OF THE MAY 26, 2020 REGULAR SESSION MEETING MINUTES
  Motion by Vice Chair Stephen Roach, seconded by Member Mary Murphy to accept the meeting minutes as written.
  A roll call vote was taken:

Chair Dankwerth - Aye
Vice Chair Roach - Aye
Member Perkins - Aye
Member Barcelo - Aye
Member Murphy - Aye
  Vote: 5 - 0 Carried
             
2. PUBLIC HEARING: REQUEST FOR A VARIANCE TO CONSTRUCT A DETACHED ACCESSORY STRUCTURE 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
- Criteria - Special circumstances applying to the property
- Criteria - Special circumstances not created by the owner
- Criteria - Substantial property right
- Criteria - Shall not grant special privileges
- Criteria - Not detrimental to the neighborhood
- Summary and Recommendation

Applicant Michael West provided a presentation that included the following:

- His previous rebuttal brief and requested that it be added into the public record
- Agrees the five findings have been satisfied and agrees to the conditions

The Board did not have any questions of the staff or applicant.

Chair Dankwerth opened the public hearing.

Oro Valley resident Peter Wong, a neighbor to the direct north of the applicant, spoke in support of Agenda Item 2.

Chair Dankwerth closed the public hearing.
  Motion by Member Octavio Barcelo, seconded by Vice Chair Stephen Roach to accept the staff recommendation and approve this variance with the conditions listed in Attachment 1.
  A roll call vote was taken:

Chair Dankwerth - Aye
Vice Chair Roach - Aye
Member Perkins - Aye
Member Barcelo - Aye
Member Murphy - Aye
  Vote: 5 - 0 Carried
             
3. PUBLIC HEARING: REQUEST FOR A VARIANCE TO REDUCE A FRONT YARD SETBACK FOR AN ATTACHED GARAGE LOCATED AT 525 W. GOLF VIEW DR. (2001494)
  Senior Planner Hannah Oden provided a presentation that included the following:

- Purpose
- Location Map
- Applicant's request
- Five Criteria
- Criteria: Special circumstances applying to the property
- Criteria: Special circumstances not created by the owner
- Criteria: Substantial property right
- Criteria: Shall not grant special privileges
- Criteria: Not detrimental to the neighborhood
- Summary and Recommendation

Applicant Tracey Alexander provided a presentation that included the following:

- Overview and background
- Background on the custom home designer/builder Thomas Gist
- Purpose of variance
- Site plan and request for variance
- Site Plan detail
- Architectural design statement
- Elevation
- Roof line attachment
- Oro Valley Country Club (OVCC) Estates HOA Architectural Review Committee approval for this proposal
- OVCC Estates HOA Architectural Review Committee denial on the construction of the garage on side of home
- Excerpt from OVCC Estates HOA and CC&Rs
- Overhead view and backyard view of property
- Closest point on property to the setback
- Current view of privacy wall from the road
- View of home from middle of Golf view Dr, from the north and south approaches
- Carport rot
- Burnt adobe wall to be preserved
- Gist garages building and location excerpt
- Other OVCC Estates properties
- Unusual zoning in OVCC Estates
- Community support
- University of Arizona College of Architecture Project
- Tucson Historic Preservation Foundation

Ms. Alexander then went through each criteria of the Five Findings and summarized the variance request.
  Discussion ensued among the Board and the applicants.

Chair Dankwerth opened the public hearing.

- Oro Valley resident Tim Bohen, spoke in support of Agenda Item #3 and read a letter he sent to the applicants last year from the Historic Preservation Commission.
- Oro Valley resident Brian Davies, who shares a property line with the applicant, reviewed each of the five findings, how he agreed or disagreed with the staff presentation, and stated his concerns with a shed on the applicant's property.
- Oro Valley resident Alexis Paterson, Chair of the Architectural Review Committee for Oro Valley Country Club, provided perspective on their approval.
- Oro Valley resident Hilary Backlund, who is a neighbor, spoke in support of Agenda Item #3.

Chair Dankwerth closed the public hearing.
  Discussion ensued among the Board.

Chair Dankwerth accommodated another public speaker request: Oro Valley resident Walt Vette, a neighbor across from the applicant's home, who spoke in support Agenda Item #3.

Discussion continued among the Board.
  Motion by Vice Chair Stephen Roach, seconded by Chair Helen Dankwerth to deny this variance request to reduce the front building setback to 27.5 feet at a property located at 525 W. Golf View Drive, based on the finding that the five criteria have not been met.
  A roll call vote was taken:

Chair Dankwerth - Aye
Vice Chair Roach - Aye
Member Perkins - Nay
Member Barcelo - Nay
Member Murphy - Aye
  Vote: 3 - 2 Carried
 
OPPOSED: Member Octavio Barcelo
  Member David Perkins
             
ADJOURNMENT
  Motion by Vice Chair Stephen Roach, seconded by Member Octavio Barcelo to adjourn the meeting.
  Chair Dankwerth adjourned the meeting at 4:58 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 July, 2020.  I further certify that the meeting was duly called and held and that a quorum was present.

Dated this 29th day of July, 2020.
 

___________________________
Jeanna Ancona
Senior Office Specialist

    

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