TOWN OF CAREFREE NOTICE of PUBLIC MEETING of the BOARD OF ADJUSTMENT

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1 TOWN OF CAREFREE NOTICE of PUBLIC MEETING of the BOARD OF ADJUSTMENT WHEN: MONDAY, NOVEMBER 14, 2016 WHERE: FCF HOLLAND COMMUNITY CENTER, QUAIL ROOM N. 60 TH STREET, BUILDING B, SCOTTSDALE TIME: 5:00 p.m. Pursuant to A.R.S , notice is hereby given to the members of the Board of Adjustment and to the public that the Board of Adjustment will hold a public meeting on Monday, November 14, 2016 at 5:00 p.m. in the Quail Room, FCF-Holland Community Center, N. 60 th Street, Building B, Scottsdale, AZ THE AGENDA FOR THE MEETING IS AS FOLLOWS: CALL TO ORDER, SILENT ROLL CALL and PLEDGE OF ALLEGIANCE. ITEM 1: APPROVAL OF MINUTES - Meeting of JUNE 13, ITEM 2: PUBLIC HEARING, discussion, consideration and possible action on the following REQUEST for a VARIANCE. Public comments will be taken. CASE #: APPLICANT: V Nigel and Shelly Spence P.O. Box 1416 Carefree, AZ LOCATION: 8229 East Tumacacori Way APN Lot 36, Ranchitos Del Ray 1 (MCR ) ZONING: REQUEST: Rural-190 Zoning District (R-190) 190,000 square feet minimum lot size APPROVAL of a VARIANCE to the Zoning Ordinance standards to allow construction of a new casita with attached garage and covered porch, and a small addition to the primary residence in order to reconfigure the front entry. The request is two-part: 1. Allow a lot coverage area of 13% (9,396 square feet) whereas the Ordinance only allows a maximum of 6%; and, 2. Allow a total disturbed area of 39% (28,190 square feet) whereas the Ordinance only allows a maximum of 18%. NOTE: This is a legal nonconforming lot of 72,284 square feet whereas 190,000 square feet is the minimum required. This request is only for relief from lot coverage and lot disturbance requirements. ITEM 3: ANNOUNCEMENTS. ITEM 4: ADJOURNMENT. BOARD OF ADJUSTMENT Bev Peterson, Planning Clerk 11/10/16 BOARD of ADJUSTMENT AGENDA November 14, 2016 Page 1 of 2

2 NOTE: A quorum of another public body of the Town of Carefree, such as the Town Council or other committee, board, or commission created by the Town of Carefree, may be present and may participate in the public meeting noticed herein by discussing, proposing, and/or deliberating legal action to be taken by the Development Review Board, although no legal action will be taken by such other body of the Town. IF YOU REQUIRE SPECIAL ACCOMMODATIONS DUE TO A DISABILITY At least three (3) working days prior to the meeting date, please contact the: Carefree Town Clerk 8 Sundial Circle PO Box 740 Carefree, AZ PHONE (480) FAX (480) kandace@carefree.org BOARD of ADJUSTMENT AGENDA November 14, 2016 Page 2 of 2

3 MINUTES OF THE MEETING OF THE CAREFREE BOARD OF ADJUSTMENT Chairman Mascha opened the Board of Adjustment meeting and led the Pledge of Allegiance at 5:09 p.m. on Monday, June 13, 2016 in the Town Hall Council Chambers at 100 Easy Street in Carefree. PRESENT: Chairman: Al Mascha Board Members: Tom Cross Lyn Hitchon Scott Sperl Town Planner: Stacey Bridge-Denzak Planning Clerk: Bev Peterson ABSENT: Vice-Chairman: Michael Krahe Board Members: Dan Davee Richard Tatlow ITEM 1: APPROVAL OF MINUTES - Meeting of APRIL 11, Board Member Cross made a MOTION to APPROVE the minutes as submitted. MOTION SECONDED by Board Member Sperl and PASSED unanimously. ITEM 2: PUBLIC HEARING, discussion, consideration and possible action on the following REQUEST for VARIANCES. CASE #: V APPLICANT: Kevin Joyner FOR: Eric & Laurie Hoogland Unique Custom Landscapes 3044 Ironwood Road 114 S. Extension Road Carefree, AZ Mesa, AZ CASE LOCATION: ZONING: REQUEST: NOTE: 3044 Ironwood Road APN Lot 4, Boulders Carefree 3B Replat (MCR ) R1-18 Zoning District 18,000 square feet minimum lot size APPROVAL of a VARIANCE to the Zoning Ordinance standards to allow construction of a new spa/pool at an existing home within a portion of the side building setback where such structures are not allowed. The proposed encroachment is four-feet, five-inches (4 5 ) into the required ten-foot (10 ) side yard setback. Also, a nonconforming site wall will be lengthened and extend into the same side yard setback in order to meet pool barrier requirements. The proposed encroachment is eight-feet, sixinches (8 6 ). This is a legal nonconforming lot (16,606 square feet). This request is only for relief from the side yard setback requirements. The applicant, Kevin Joyner was present to speak for the request. BOARD OF ADJUSTMENT JUNE 13, 2016 Page 1 of 4

4 Ms. Bridge-Denzak presented the staff report, displaying maps, photos and drawings, including the following information: The Boulders community was platted well before the Town incorporated. A number of these properties do not comply with our zoning regulations and have nonconforming conditions regarding lot size, lot coverage or building setbacks. There are existing residences to the northeast and southeast of the subject home. Open-space owned by the Boulders HOA is located to the west, south and southwest. The proposal is only for a new spa, although a pool was mentioned earlier. Also, there is an existing legal, nonconforming wall that will be maintained, and the low portion will be raised and extended to comply with pool barrier requirements. The area of encroachment is in the west side yard, adjacent to the golf course openspace area. No further disturbance to the lot will occur since the proposed construction is located in a previously disturbed area. Citizen Participation requirements have been met with no response from any surrounding property owners. The Boulders HOA has approved the request. The Board had no questions or comments. Chairman Mascha opened the public hearing. There were no requests to speak from the public. Chairman Mascha closed the public hearing and called for a motion. Board Member Cross made a MOTION to APPROVE Case V, a request for VARIANCES to the Zoning Ordinance standards, with the following Conditions for Approval: EXHIBIT A Case #16-05-V CONDITIONS FOR APPROVAL 3044 Ironwood Road Lot 4, The Boulders Carefree Unit III B Replat (MCR: ) Tax Parcel # Two zoning variances are hereby granted for construction of the following: a. Four feet and five inches (4 5 ) into the required ten foot (10 ) side yard setback for the location of a new spa. b. Eight-feet, six-inches (8 6 ) into the required ten foot (10 ) side yard setback to extend the height of the existing wall in order to meet pool barrier requirements. 2. The building permit development plans shall conform to the site plan date-stamped May 16, 2016 submitted in association with this application. 3. The granting of these variances shall be null and void if the building permit is not issued within one year of approval. MOTION SECONDED by Board Member Hitchon and PASSED unanimously. The applicant accepted the conditions for approval. BOARD OF ADJUSTMENT JUNE 13, 2016 Page 2 of 4

5 ITEM 3: PUBLIC HEARING, discussion, consideration and possible action on the following REQUEST for VARIANCES. CASE #: V APPLICANT: Mr. Mark Bolte FOR: MBDS Boulders LLC Bolte Custom Homes 8080 E. Gelding Drive # E. Gelding Drive #109 Scottsdale, AZ Scottsdale, AZ CASE LOCATION: ZONING: REQUEST: NOTE: 3067 Ironwood Road APN Lot 33, Boulders Carefree 5 Lots 1-49 (MCR ) R1-18 Zoning District 18,000 square feet minimum lot size APPROVAL of a VARIANCE to the Zoning Ordinance standards to allow construction of a spa/pool and barbeque for a new home within a portion of the rear and side building setbacks where such structures are not allowed. The proposed encroachment is fourteen feet (14 ) into the required thirty-foot (30 ) rear yard setback and two feet, six inches (2 6 ) into the required ten-foot (10 ) side yard setback. This is a legal nonconforming lot (15,135 square feet). This request is only for relief from the rear and side yard setback requirements. The applicant was not present to speak for the request. Ms. Bridge-Denzak presented the staff report, displaying maps, photos and drawings, including the following information: The applicant was informed at the time the building permit was submitted for the home that a variance would be necessary before the encroachment into the rear and side yard setbacks indicated on the plans could be approved for the pool/spa and barbecue. The proposed home is not excessively large for the lot size, which is substandard for the zoning. There is a vacant lot to the northeast, Boulders HOA open-space/golf course to the southeast and an existing home to the southwest of the subject lot. There are existing homes across the street to the northwest. In response to Citizen Participation comments and to cause less of an impact, the pool was shifted to eliminate the side yard encroachment and the pool equipment was moved to a niche next to the house. The Boulders HOA has approved the request. Board Member Cross commented on the numerous nonconforming lots and structures occurring in the Boulders community. There were no other Board comments or questions. Chairman Mascha opened the public hearing. There were no requests to speak from the public. Chairman Mascha closed the public hearing. BOARD OF ADJUSTMENT JUNE 13, 2016 Page 3 of 4

6 There were no further questions or comments from the Board. Chairman Mascha called for a motion. Board Member Cross made a MOTION to APPROVE Case V, a request for VARIANCES to the Zoning Ordinance standards, with the following Conditions for Approval: EXHIBIT A Case #16-02-V CONDITIONS FOR APPROVAL 3067 Ironwood Road Lot 33 of The Boulders Carefree Unit 5 Tax Parcel # Two zoning variances are hereby granted for construction of the following: a. Three feet and six inches (3 6 ) into the required ten foot (10 ) side yard setback for the location of a new barbeque. b. Fourteen feet (14 ) into the required thirty foot (30 ) rear yard setback for the location of a new spa and pool. 2. The building permit development plans shall conform to the site plan date-stamped May 12, 2016 submitted in association with this application. 3. The granting of these variances shall be null and void if the building permit is not issued within one year of approval. MOTION SECONDED by Board Member Hitchon and PASSED unanimously. ITEM 4: ANNOUNCEMENTS. Ms. Bridge-Denzak announced that there is nothing scheduled that would require a meeting in July. Starting in August, meetings will no longer be held at 100 Easy Street. The new meeting location is in Scottsdale at the FCF-Holland Community Center, Quail Room, N. 60 th Street, Building B. ITEM 5: ADJOURNMENT. There being no additional business, Board Member Hitchon made a MOTION to ADJOURN. SECONDED by Board Member Sperl and PASSED unanimously. The meeting ADJOURNED at 5:30 p.m. BOARD OF ADJUSTMENT By: Al Mascha, Chairman ATTEST: Bev Peterson, Planning Clerk BOARD OF ADJUSTMENT JUNE 13, 2016 Page 4 of 4

7 STAFF REPORT Board of Adjustment MEETING DATE: NOVEMBER 14, 2016 Item No. 2 SUBJECT REQUEST Zoning Variance, Case No V This is a request for a variance to Article VI. Intensity Schedule and Development Standards of the Zoning Ordinance to allow construction in the Rural-190 Zoning District of a new casita with attached garage and covered porch, and a small addition to the existing primary residence in order to reconfigure the front entry. The request is two-part: 1) Allow a lot coverage area of 9,396 square feet (13%), whereas the Ordinance allows a maximum of 6% lot coverage; and, 2) [Amended] Allow a disturbed area of 22,287 square feet (30.8%), whereas the Ordinance allows a maximum of 18% site disturbance. Key Items for Consideration: 1) Subject property location: 8229 East Tumacacori Way, Lot 36, Ranchitos Del Ray 1 Replat (MCR: 88-14). 2) Proposal is a new casita with attached garage and covered porch, and a small addition to the primary residence in order to reconfigure the front entry. Currently the front entrance faces the rear of the property. 3) The current zoning for this parcel is Rural-190 which requires a minimum lot size of 190,000 square feet. 4) This is a legal nonconforming lot (72,284 square feet). The request is only for relief from lot coverage and lot disturbance requirements. 5) Citizen participation requirements were met, and 2 comments were received. APPLICANT/ OWNER INFO LAND USE Applicant/Owner: Nigel and Shelly Spence 8229 E. Tumacacori Way P.O. Box 1416 Carefree, AZ General Plan The Carefree General Plan designates the subject site and surrounding properties as Rural Residential (RR), 5-acre minimum residential lots. Zoning The zoning for the subject lot and surrounding properties in Carefree is Rural-190 (190,000 square foot minimum lot size). The community was originally platted back in 1960 under the County s regulations, and it does not have a homeowners association. The home was built in 1998, and met the Town s development standards at that time. Case #16-06-V 11/14/16 BoA Mtg. Page 1

8 STAFF REPORT Board of Adjustment Existing Use A single-family residence is located on the subject property. Singlefamily residences are east and west of the property, and vacant singlefamily residential lots zoned Rural-190 are to the south of the property. It is bounded by Tumacacori Way to the north as well as additional vacant properties. LOCATION 8229 East Tumacacori Way, Lot 36, Ranchitos Del Ray 1 Replat (MCR: ) APN AERIAL MAP ZONING STANDARDS Zoning Standards See Table 1 below for a summary of existing conditions and the request. Table 1. Development Standards Standard Required Project Variance Required Lot Area 190,000 sq.ft. 72,284 sq.ft. No Lot Frontage 300 ft ft. No Case #16-06-V 11/14/16 BoA Mtg. Page 2

9 STAFF REPORT Board of Adjustment Standard Required Project Setbacks: Front Rear East Side West Side Max. Lot Disturbance Max. Lot Coverage 60 ft. 60 ft. 30 ft. 30 ft. (Approx.) 111 ft ft. 43 ft ft. Variance Required No No No No 18% 30.84% Yes 6% 13% Yes PROJECT SUMMARY Summary The proposed improvements include adding a new casita with a one-car garage and covered patio, as well as reconfiguring the front entry to the existing residence. The casita is intended for relatives who visit, which is not uncommon for Carefree residents. It is planned to fit within the building envelope under existing development standards and will be designed to match the architectural style, color, and materials of the main residence. The casita will be approximately 800 square feet of livable area and 300 square feet of garage area. A covered patio attached to the casita includes an additional 200 square feet under solid roof. The casita meets allowable size requirements per the Zoning Ordinance. The front entrance currently is located on the south side of the home. This is considered the rear of the property; it does not face Tumacacori Way, which is the home s frontage. The entry approach is confusing and lengthy Case #16-06-V 11/14/16 BoA Mtg. Page 3

10 STAFF REPORT Board of Adjustment especially for first-time visitors and guests. See Diagram 1. Diagram 1 - Site Plan The property is a legal nonconforming lot. The applicant contends that the lot size is equivalent to the Rural-70 Zoning District (R-70), and is looking to develop the lot in concert with the R-70 standards. R-70 allows for 13% lot coverage and 39% lot disturbance. Diagram 2 illustrates the comparison of proposed disturbance in relation to existing disturbance under the amended request. The original request proposed 39% disturbance area. Following citizen concerns, the disturbance area was reduced to 30.84%. Case #16-06-V 11/14/16 BoA Mtg. Page 4

11 STAFF REPORT Board of Adjustment Diagram 2 - Overall Plan Setbacks are consistent with Rural-190 (R-190) standards which are the same as the R-70 setback standards. Relief from these development standards has not been requested. Citizen Participation The applicant has fulfilled the requirements for Citizen Participation. Property owners within 500 feet of the subject lot were notified of this application. One property owner contacted Town staff to discuss two concerns: quantity of disturbance and potential walls/fences. Staff explained that the request is a conservative estimate since the applicant is in the process of developing their construction plans. The applicant is looking to meet development standards that are equal to R-70 since the lot is 72,284 square feet. Also, no walls/fences are proposed at this time. It is not relevant to the request. The property owner followed up with an . In response, the applicant studied the amount of disturbance related to the project, and determined the total disturbance could be reduced by 5,903 square feet or 8.16% (see Exhibit B ). See Diagrams 3 and 4. The northeast and southern limits have been modified to preserve more existing desert. Case #16-06-V 11/14/16 BoA Mtg. Page 5

12 STAFF REPORT Board of Adjustment Diagram 3 - Original Request: 18,688 Sq. Ft. New Disturbance Diagram 4 - Revised Request: 12,785 Sq. Ft. New Disturbance BOARD OF ADJUSTMENT Variance Analysis The size of the lot constitutes a condition unique to the subject property. The existing site conditions present a situation where it is more difficult for the property owner to comply with the zoning standards than they Case #16-06-V 11/14/16 BoA Mtg. Page 6

13 STAFF REPORT Board of Adjustment would for a lot in the same zoning district without the unique nonconforming features. The lot is undersized according to the requirements of the Rural-190 Zoning District; however, it is conducive to develop as a Rural-70 lot. The site conditions present a hardship for the property owner, who wishes to build a new casita and reconfigure the main entry to the residence. Several homes in the area have accessory structures on their lots. The applicant has proposed a reasonably-sized casita and entry addition. Topography on the lot requires more earthwork than a flat lot to build the structure and addition. The request for additional disturbance is not excessive. Furthermore, the applicant has responded reasonably to public concerns. These conditions are not self-imposed. State Statutory Requirements Decisions of the Board of Adjustment must fall within the guidelines of the Arizona Revised Statutes as contained in Title , Board of Adjustment. 1) The Board of Adjustment can approve variances only if the following special circumstances and the strict application of the zoning ordinance will deprive the property of privileges enjoyed by other property in the same zoning district: a) Size b) Shape c) Topography d) Location e) Surroundings 2) Variances shall not be granted as a special privilege that is not available to all other properties with the same conditions in the same zoning district. 3) Variances may be subject to conditions. 4) A Board of Adjustment may not: a) Make any changes in the uses permitted in any zoning classification or zoning district, or make any changes in the terms of the zoning ordinance. b) Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner. Should the Board of Adjustment approve the variance request, the conditions for approval attached as Exhibit A are provided for consideration. Exhibit A. Conditions for Approval Exhibit B. Citizen Participation Report Exhibit C. Narrative Exhibit D. Plans Case #16-06-V 11/14/16 BoA Mtg. Page 7

14 EXHIBIT A Case #16-06-V CONDITIONS FOR APPROVAL 8229 East Tumacacori Way Lot 36, Ranchitos Del Ray 1 Replat Tax Parcel # The zoning variance is hereby granted to permit the construction of a new casita with attached garage and covered porch, and a small addition to the primary structure with the following: a) Allow a maximum lot coverage area of 9,396 square feet (13%); and, b) Allow a maximum disturbed area of 22,287 square feet (30.8 %). 2. The building permit development plans shall conform to the development plans datestamped November 8, 2016 submitted in association with this application. 3. The granting of these variances shall be null and void if the building permit is not issued within one year of approval.

15 Citizen Participation Report The Spence Residence 8229 E. Tumacacori Way Carefree, AZ Existing use of property: residence Request: variance for lot coverage and lot disturbance Owner: Nigel and Shelly Spence 8229 E. Tumacacori Way Carefree, AZ Responses: The parties listed were notified by mail on October 14, There were two responses to the mailing. The first was a phone call from Jay Treadwell and he wanted to understand where the casita would be and was happy to hear where we had planned to build it. The other was an from Harry Beck. We addressed the Beck s concerns and brought in the disturbed area all around the property as it was a little excessive. Here is the From: harrybeckaz@gmail.com [mailto:harrybeckaz@gmail.com] Sent: Friday, October 28, :02 PM To: stacey@carefree.org Subject: Zoning Adjustment Case # V Ladies/Gentlemen, My name is Harry Beck and my wife and I own the parcel at N Cibola #34, Carefree AZ. We have a concern about the variance case identified above. As owners for more than 15 years we have also struggled with the challenge of building on our lot, given some of the zoning restrictions. However, we understand and agree with why they are in place. We have not previously objected to variances that allowed more lot coverage due to construction as well as a proportionate area of site disturbance. We have two concerns about this application. 1. We appreciate and respect the site disturbance requirements as it provides for the natural environment to dominate the landscape. Our concern is the increase requested is much greater than what is necessary to complete the remodel and addition of the casita. If additional site disturbance is necessary to accommodate use in the future we suggest that the applicant apply for a variance at that time. 2. In addition, we understand that site disturbance allows construction of fencing over 4.5ft. in height. With lot sizes as small as 1.7ac. and minimal setbacks, fencing can obstruct views as well as detract from the natural environment setting Carefree has so brilliantly been able to preserve over the years. In closing, thank you for considering our concerns and helping to preserve the natural beauty of Carefree for people like us. Harry and Rebecca Beck

16 SPO s within 500 of NIGEL & SHELLY SPENCE A APN OWNER/MAILING ADDRESS PROPERTY ADDRESS A F H B C D RES-AZ THREE LLC 700 NW 107 TH AVE STE 200 MIAMI, FL JOSEPH J/CARIE ANN TREADWELL PO BOX 5225 CAREFREE, AZ HERZOG FAMILY REV TR 9270 E SKYLINE DR SCOTTSDALE, AZ GLENDENNING REALTY LLC SHEPPARD AVE EAST TORONTO, ON MSN6N5 CANADA N TUBAC TR z:\cases\variance\16-06-v pence res at 8229 tumacacori way\preapp v 8229 tumacacori_spence\spo for spence.docx Page 1 o

17 APN OWNER/MAILING ADDRESS PROPERTY ADDRESS D A SUBJECT MINNA MENDELSON N 66 TH ST CAVE CREEK, AZ STEPHEN T BOSWELL 40 MIDLAND AVE WYCKOFF, NJ FRAHM FARMLAND INC 375 S RANGE AVE COLBY, KS RUSS/CINDY METCALFE PO BOX 2 CAVE CREEK, AZ HARRY M/REBECCA L BECK 9817 E GARY ST MESA, AZ ALAN M/SONDRA BERG 797 PAYETTE DR CORONA, CA NIGEL/SHELLY SPENCE 8229 E TUMACACORI WY CAREFREE, AZ TODD/REBECCA NORTON P O BOX 4831 CAVE CREEK, AZ ROBERT G JR/SHARON ANN VILLA N 43 RD ST PHOENIX, AZ MICHAEL J RABE / DONNA ASHWORTH PO BOX 1113 CAREFREE, AZ E TUMACACORI WY N FATHER KINO TR N CIBOLA DR 8229 E TUMACACORI WY 8202 E TUMACACORI WY z:\cases\variance\16-06-v pence res at 8229 tumacacori way\preapp v 8229 tumacacori_spence\spo for spence.docx Page 2 o

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