Planning Commission - Regular Meeting

For adjustment of the town of Paradise Valley to order. Welcome all. I am Hope Ozer. I'm sitting in as the chair of the board tonight as Eric is, on vacation. If you have phones, if you would please silence them. And if there's need to take a call, please step out. Staff secretary, please call the roll.

Board member Williams?

Here.

Board member Petsis? Here. Board Member Ozer? Here. Board Member Kuykendall? Here. Board Member Contadino? Here. Board Member Barnes?

Here.

And Chair Liebson is absent. We have a quorum.

Thank you. The board of adjustment is a quasi judicial body that rules on variances to the paradise zoning ordinance. We're governed by Arizona state statute defining under what circumstances we are empowered to provide those variances from the zoning ordinance. Rulings and previous rulings of this board do not set precedence. Each request is reviewed on its own merits and each decision of the board is based on the specifics of the property and the requested variance.

For those present and I would like to acknowledge that Vice Mayor Ellen Andean is present and thank you. Are you here to check us out? Make sure we are doing our job? For the benefit of those present, following is an overview of how we will proceed. When the case is called, town staff will make a presentation followed by questions from the board.

Next you as the applicant or the applicant's representative will present followed by questions from the board I will open the public hearing and ask for those who wish to speak in favor of the application followed by those two who wish to speak opposed. I will then close the public hearing. The board will deliberate, proceed to a motion and vote. When you approach the podium, please speak into the microphone and clearly state your name and municipality of residence. Board decisions may be appealed to the superior court of the state of Arizona within thirty days of the decision made by the board.

You are free to remain in chambers after the ruling if you wish. We will by no means be insulted if you choose to leave. We will then move on to the next order of business. Okay. Is there any reason that any member wishes to call an executive session? None? Okay. Study session, there are none. Let's move into the public hearing. We have one item on the agenda.

It's the Rossi variance for 7000 East Vermont Avenue. The variance to allow a pool to encroach into the setback, case number BA2508, and I believe Brandon is making the presentation. Yes,

that's correct.

Yes, good evening board members. Again, yeah, this item is a potential variance at 7000 East Vermont, case b a 2508. The goal for this evening is to review the application in its entirety, field any comments you may have, answer any questions, and ultimately take action. The variance request is to allow a new pool to encroach into the rear yard setback requirement found within article seven. We'll be going over the background of the lot and its history, full scope of the request, staff's analysis leading up to that discussion and final action.

To better orient yourselves, this lot at 7000 East Vermont, which is in the southernmost part of our town, East Of Scottsdale Road and North Of Vista Lane, as you can see on the maps on the screen. The site is zoned R 18 A and is Lot 3 Of Quail Vista Subdivision, roughly half of an acre in size, rectangular ish in shape, a 120 feet deep. Current code requirement would be a 155 minimum depth for an R 18 a lot if it was platted today. The original home was built in 1980, and that pool associated with that home was built in 1981. The current 15 foot eight inch setback from the rear property lane as it resides today.

Speaking to the exact scope of the request, the applicant is proposing to encroach into that required 20 foot rear yard setback for the pool being at 14 feet from that north property line. The pool will be four thirty eight square feet with exactly two nineteen square feet of encroachment. Here you see what the code requires and what the will be in terms of setbacks. The proposed pool will be 94 feet from the front yard property line, 50 feet six inches from the side yard to the east, roughly 126 feet three inches from the east, and then that 14 foot variance request from that rear yard northern property line. And of note, that bottom text, the subdivision was platted into the town in 1977, and Article seven was incorporated into our zoning ordinance in April 1981.

Here on this screen, you can see the site plan of the current and existing pool and home. Again, that original pool was constructed in 1981 at a setback of 15 feet eight inches. The existing pool is now deteriorating and located very near to the existing home's foundation, which you can also see. The proposed pool and spa would be approximately nine feet from the existing residence as the residence does have an approved permit for remodel and addition. The new pool is requested, again, to be set back 14 feet from that rear property line.

The proposed new spa, as you can see on the screen, is compliant as it adheres to that 20 foot required setback. Here you can see a zoomed in version of that site plan that was provided in your packet, clearly illustrating the amount of encroachment and defining the location in that northwest portion of the site. Here you can see the pool setbacks and how that encroachment based on Article seven is found also in that immediate neighborhood. Permit history on these pools, again, were prior to that 1981, but it is not uncharacteristic for the neighborhood. Staff find staff finds that there are site hardships that warrant the requested variance, mostly regarding, again, that depth of the lot, the 120 foot 20 feet that the lot maintains, and the requirement today would be 155 feet.

The property is 132 feet wide along the southern frontage, two thirteen feet along the rear, and again, it's also that 120 feet deep. Our 18A standards, again, would be that 155 feet. Also of note, the location of the existing garage and driveway prevent the pool from being located on that western side of the lot. The lot is also not connected to public sewer, and therefore, a significant amount of that area would be needed to for future secondary septic system leach areas. As far as notification for this request, the notification was completed on October 9, and the site was posted on October 2, as well as that newspaper legal ad posting on October 18.

All those required affidavits were included in your packet material. With that, staff recommends as follows that the board move to approve case BA 2508 request by applicant David Dick on behalf of the owner Paul Rossi at 7000 East Vermont for again that variance to allow that pool to encroach into the rear yard setback. And again, staff finds that this request does meet state mandated requirement. Tonight's possible action on this item, three proposals before you, approve with the stipulations provided in your packet, that all the improvements will be in compliance with submitted plans and documents and that the owner and architect obtain required building permits. The option is to deny the request or continue for further review.

With that I open this item to discussion and happy to take any questions you may have.

Any questions of staff? Okay. Is the applicant present or applicants wrap? Please step up to the podium and state your name and municipality of residence.

My name is David Dick. I reside in Scottsdale, Arizona. I've been working in Paradise Valley in in this city for the last thirty years. So I really appreciate the staff's effort on this. They've done a great job. One of the big things about this that

mister Dick, are you the architect on your project? Okay. Great.

Yes. I apologize. I just assume everybody knows that, so I apologize. The this was a building we wanted to save. I think the mid century quality and the fact that it was a masonry building is what drove us to actually try and salvage the house and salvage the footprint as it sat. So with all the analysis, the biggest part from for the architect was we really fell in love with the mid century qualities of the house, the way it worked, and so we did everything we could to salvage as much of the house as possible. So right now, after all this, if you have any questions for me, I'd like to take them, but that was really what we were after with the salvage, such a beautiful property in Paradise Valley.

Thank you. Are there any questions of the applicant? Go ahead, please.

I noticed that, you know, one of the reasons you located the pool where it was is because of future septic fields or or dirt I think it was for septic.

One of the reasons we had to kind of give as part of the design location was is we had to create not only with the septic, have to create the primary, but you have to create future, a secondary septic leach field. So that that had a lot to do with where we could locate the pool and where what our opportunities were.

Are are there is running in the street?

There is not. Okay.

Any other questions? All right. Thank you.

Thank you very much.

Is there anyone present who would like to speak either in favor of or in opposition to the application? Okay. Hearing none, I will close the public hearing and the board will deliberate, proceed to a motion and vote. Or we can make a motion and then discuss it once we have a second.

I make a motion that we

approve the application as With the stipulations as indicated in the staff report?

That's correct.

Do we have a second?

I don't have a summary this.

Okay, Bill will second it. We have a motion and a second. Any discussion? Woah. This is record time. Okay. There is no discussion. Does staff have anything they would like to add or say? Okay, terrific. Then I think that we are ready to take a vote.

Board Member Williams? I

approve. Yes. Motion.

That's an I vote. Thank you. Board member Petsis?

Aye.

And I vote. Thank you. Board member Ozer?

Yes.

And I vote. Thank you. Board member Kuykendall?

Yes.

And I vote. Board member Contadino?

Yes.

And I vote. And board member Barnes?

Yes.

And I vote. The motion passes unanimously.

Well, that was probably the quickest case we have ever had at the Board of Adjustment and you're doing a beautiful job on that house. It was really lovely going by it. You for your commitment to keeping history alive. Okay.

Thank you board members.

All right. There's one item on the consent agenda for the approval of the September 3 minute. Believe, Charice.

Thank you. There is one edit. Thank you for finding that and making me aware. It's on page six, the last page, paragraph three on that page under item 10. It says that the chair asked that board member Ozer of Williams, and it should say Ozer or Williams.

So that will be corrected. Thank you. Then may we have a motion on the consent agenda?

So moved.

And a second? Aye. Okay, we have a motion and a second. Any discussion? Okay, all those in favor? Aye. Opposed? Okay hearing none we are moving on to staff reports.

Staff has no reports.

No reports. Public body reports. Okay. Future agenda items, George.

The next meeting is December 3. We will have minimum of one item scheduled for that meeting. It's a hillside lot that you've seen before. So it will actually be a third time. Third time. Yeah. Okay. It's gone through three different orders with three different designs.

So

Okay. And if there is nothing else, I will entertain a motion to adjourn.

So moved.

Second. Second. Okay. We've got three seconds. Okay. We are adjourned. Sixteen minutes. Minutes. Nice.