yuma county board of adjustment meeting public …

YUMA COUNTY BOARD OF ADJUSTMENT MEETINGPUBLIC NOTICE & AGENDA

DATE:TIME:PLACE:

MEMBERS:

March 20, 20181:00 P.M.Aldrich Auditorium, 2351 West 26th Street, Yuma, Arizona

Joe Harper, Chairman, Dist. 4 Neil Tucker, Vice-Chairman, Dist. 3 Eric Saltzer, Dist. 1 Rosalie Lines, Dist. 2 Tim Eisenmann, Dist. 5

STAFF: Maggie Castro, AICP, Planning Director Javier Barraza, Senior Planner Juan Leal-Rubio, Senior Planner Fernando Villegas, Senior Planner Susan Elton, Administrative Assistant.

ADVISORS:

Ed Feheley, Deputy County AttorneyDiana Gomez, Director, Yuma County Public Health Services District

1. Call to Order and Roll Call.

2. Pledge of Allegiance.

3. Approval of the Board of Adjustment meeting minutes from January 16, 2018.

4. Variance Case No. 17-02: In accordance with the Yuma County Zoning Ordinance, Section403.07(B), Katryn James, representing Norton S. Karno, requests an extension of time forVariance Case No. 17-02 on a parcel 122 acres in size zoned Recreational Vehicle Park (RVP),Assessor's Parcel Number 701-31-002, located at 13650 East North Frontage Road, Yuma,Arizona.

5. Variance Case No. 18-02: Severiano Gonzalez & Juana M. Varela request a variance from theYuma County Zoning Ordinance, Section 609.05 --Minimum Lot Width and Principal BuildingSetback Requirements, to allow a rear yard setback of eight feet on a parcel 4633 square feet insize zoned Recreational Vehicle Subdivision (RVS), Assessor's Parcel Number 668-25-087,located at 8816 South Avenida del Prado, Yuma, Arizona.

6. Variance Case No. 18-03: Aaron Bennett and Spencer Troth request a variance from the

6. Variance Case No. 18-03: Aaron Bennett and Spencer Troth request a variance from thedevelopment standards of Martinez Lake Resort Unit No. 1 Planned Development to allow aheight of 36 feet on two parcels 3,186 square feet and 3,540 square feet in size zoned PlannedDevelopment (PD), Assessor’s Parcel Numbers 459-50-091 and 459-50-092, located at 11430North Osprey Point and 11436 North Osprey Point, Yuma, Arizona.

7. Variance Case No. 18-04: Juan and Virginia Castillo request a variance from the Yuma CountyZoning Ordinance, Section 706.04--Noise Zone Use Regulations, to allow a single familyresidence on a parcel 2.0 gross acres in size zoned Suburban Site Built-2 acre minimum(SSB-2), Assessor's Parcel Number 723-63-104, located at 5440 South Tierra Bonita Boulevard,Yuma, Arizona; located in the 65-69 dB noise zone.

8. Variance Case No. 18-05: Santa Fe Hacienda Construction LLC requests a variance from theYuma County Zoning Ordinance, Section 706.04--Noise Zone Use Regulations, to allow a singlefamily residence on a parcel 2.0 gross acres in size zoned Suburban Site Built-2 acre minimum(SSB-2), Assessor's Parcel Number 724-19-009, located in the vicinity of Avenue 4½ E andCounty 12¾ Street, Yuma, Arizona; located in the 65-69 dB noise zone.

9. Discussion by the Board members and Planning Director of events attended, currentevents, and the schedule for future Board of Adjustment meetings.

10. Adjourn.

Note: For further information about this public hearing/meeting, please contact Maggie Castro, AICP,

Planning Director, phone number (928) 817-5173; or e-mail [email protected] orTDD/TTY (Arizona Relay Service): call in 1-800-367-8939, call back 1-800-842-4681. Individualswith special accessibility needs should contact the individual indicated above before thehearing/meeting with special need requirements.

Note: The Board may vote to hold an Executive Session for the purpose of obtaining legal advice from theCommission's attorney on any matter listed on the agenda, pursuant to A.R.S. §38-431(A)(3).

mailto:[email protected]

Yuma County

Board of Adjustment

Item No. 3

YUMA COUNTY BOARD OF ADJUSTMENT REGULAR SESSION: January 16, 2018 Page 1 of 2 The Yuma County Board of Adjustment met in a regular session on January 16, 2018. The meeting was held in Aldrich Auditorium at 2351 West 26th Street, Yuma, Arizona. CALL TO ORDER: At 1:10 p.m., Vice Chairman Neil Tucker convened the Board of Adjustment meeting. Board Members present: Tim Eisenmann, Neil Tucker, Rosalie Lines and Eric Saltzer. Others present: Planning Director Maggie Castro, AICP; and Administrative Assistant Susan Elton. Absent: Chairman Joe Harper. PLEDGE OF ALLEGIANCE: Vice Chairman led the Pledge of Allegiance. ITEM No. 3: Approval of the Board of Adjustment regular meeting minutes of November 14, 2017. MOTION (EISENMANN/SALTZER): Approve as presented. VOICE VOTE: The motion carried 4-0. ITEM No. 4: Approval of the Board of Adjustment Meeting Schedule for Calendar Year 2018. MOTION (SALTZER/LINES): Approve the Board of Adjustment Meeting Schedule for Calendar Year 2018. ROLL CALL VOTE: Eisenmann – AYE; Tucker – AYE; Lines - AYE; Saltzer – AYE The motion carried 4-0. ITEM No. 5: Elect a Chairman for the Board of Adjustment for Calendar Year 2018. MOTION (EISENMANN/ SALTZER): Elect Joe Harper as Chairman for the Board of Adjustment for Calendar Year 2018. ROLL CALL VOTE: Eisenmann – AYE; Tucker – AYE; Lines - AYE; Saltzer – AYE The motion carried 4-0. ITEM No. 6: Elect a Vice-Chairman for the Board of Adjustment for Calendar Year 2018. MOTION (SALTZER/LINES): Elect Neil Tucker as Vice-Chairman for the Board of Adjustment for Calendar Year 2018. ROLL CALL VOTE: Eisenmann – AYE; Tucker – AYE; Lines - AYE; Saltzer – AYE The motion carried 4-0. ITEM No. 7: Discussion by the Board members and Planning Director of events attended, current events, and the schedule for future Board of Adjustment meetings.

YUMA COUNTY BOARD OF ADJUSTMENT REGULAR SESSION: January 16, 2018 Page 2 of 2 There being no further business to come before the Board, the Vice Chairman adjourned the meeting at 1:17 p.m. Approved and accepted on this 20th day of March 2018.

Joe Harper, Chairman ATTEST: Maggie Castro, AICP, Planning Director

Yuma County

Board of Adjustment

Item No. 4

AIR-8167 4. BOA AgendaMeeting Date: 03/20/2018 Submitted For: Maggie Castro Submitted By: Javier

BarrazaDepartment: Planning & Zoning Division - DDS

Information1. REQUESTED ACTION:Variance Case No. 17-02: In accordance with the Yuma CountyZoning Ordinance, Section 403.07(B), Katryn James, representingNorton S. Karno, requests an extension of time for Variance Case No.17-02 on a parcel 122 acres in size zoned Recreational Vehicle Park(RVP), Assessor's Parcel Number 701-31-002, located at 13650 EastNorth Frontage Road, Yuma, Arizona.

2. INTENT:The intent is to obtain an extension of time of one year for VarianceCase No. 17-02 which was approved by the Board of Adjustment onFebruary 16, 2017. The expiration date is March 21, 2018. As ofJanuary 30, 2018, substantial construction has not commenced on thesubject property.

3. For detailed analysis see attached staff report4. STAFF'S RECOMMENDATION:Grant an extension of time of one year for Variance Case No. 17-02.

AttachmentsAtt: Staff Report Att: Extension Request Att: Zoning and Vicinity Map Att: Site Plan

M E M O R A N D U M

TO: Yuma County Board of Adjustment

FROM: Javier Barraza, Senior Planner

RE: Extension of time for Variance Case No. 17-02

DATE: March 20, 2018

Katryn James, representing Norton S. Karno, requests an extension of time for Variance Case

No. 17-02 which was approved by the Board of Adjustment on February 16, 2017. The

expiration date is March 21, 2018. As of January 30, 2018, substantial construction has not

commenced on the subject property.

Staff recommends the Board of Adjustment grant an extension of time of one year.

Background

Variance Case No. 17-02 allowed a maximum height of 30 feet for a banquet hall where 20 feet

is the maximum height allowed on a parcel 122 acres in size zoned Recreational Vehicle Park

(RVP), Assessor's Parcel Number 701-31-002, located at 13650 East North Frontage Road,

Yuma, Arizona.

Current Status

The expiration date for Variance Case No. 17-02 is March 21, 2018. As of January 30, 2018,

substantial construction has not commenced on the subject property due to issues with water

supply to the fire hydrants since there is not sufficient flow to meet Fire Code requirements. A

study to determine water supply and solutions to bring the system up to code has commenced

and will not have the results and recommended solutions before the expiration date.

The Yuma County Zoning Ordinance, Section 403.07 states as follows:

A. A variance shall expire and shall be void one (1) year following the date on which the

variance became effective unless, prior to the expiration of one (1) year, substantial

construction is commenced. Substantial construction shall be defined as:

1. Having submitted plans for construction,

2. Building permit issued and paid for,

3. Having installed utilities such as electric, sewer, water and/or gas lines on the site,

4. Having foundation or footings inspected and finished floor for at least the first floor

of a building poured and laid, and,

5. That no lapse of construction has occurred for more than sixty (60) days from any

time point of the items 1-4 above.

B. A variance approval may be extended provided that, not earlier than thirty (30) days

prior to the expiration date, a written request is made and presented at the next available

Board of Adjustment hearing.

C. The Board of Adjustment may grant, deny, or modify an application for extension of a

variance.

Staff Recommendation:

Staff recommends the Board of Adjustment grant an extension of time of one year for Variance

Case No. 17-02.

723 East Diamond Drive Tempe, Arizona 85283 480-897-6411 [email protected]

January 30, 2018 Yuma County Board of Adjustment c/o Javier Barraza RE: Variance 17-02, Fortuna De Oro Ballroom Height, Request to extend variance Dear Javier: Please consider this letter as the request to extend Variance 17-02 originally granted on March 21, 2017. It is my understanding that this request must be applied 30 days before the expiration date and will be submitted at the next Board of Adjustment meeting. We started the design to raise the roof on the FDO ballroom this past fall. We scheduled the project assessment meeting and met with Yuma County officials. At that meeting, it was noted that there are issues with the water supply to the fire hydrants. There doesn’t seem to be enough flow to meet current fire code. It was determined that further study is required to determine water supply and to find solutions to bring the system up to code. We are presently investigating the current system and will not have the results and recommended solutions before the expiration date. Thank you for your consideration in this matter. Please let me know if more information is required. Sincerely,

Katryn James Architect and representative for Cal-Am Properties

SCALE: 1" = 600'

CASE PLANNER: Marilu GarciaDATE DRAWN:1/24/17REVIEWD BY: J. Barraza

FOR INFORMATION ONLY - NO LIABILITY ASSUMED

PLANNING & ZONING DIVISION2351 W. 26TH STREETYUMA, AZ 85364

DEPARTMENT OFDEVELOPMENTSERVICES

CASE NO:LOCATION:APN(s):

V17-0213650 E North Frontage Rd.

701-31-002

300' Buffer

Zoning BoundarySubject Property

µLegend

Masterson Ave

R-1-40

C-2

RVP

Interstate 8North Frontage Road

Project Location

Fortuna de Oro RVP

Victoria Lane

Victoria Lane

El Camino del Diablo Avenue 14E

Sundance RVP

C-2

RA-10

R-1-8PD

R-1-12R-1-20

RVS

RA-10

65

4109

54

32

1

8

701-29-005

701-29-004

76

5

2

198-03-004

701-39-010 701-39-001 701-40-028

121120

119189

900

190

117116

115114113

112111110

109108

107

84

5253

83

198-03-001

C-2

RA-10

Fortuna Wash Tributary B

Fortuna Wash

Yuma County

Board of Adjustment

Item No. 5

AIR-8145 5. BOA AgendaMeeting Date: 03/20/2018 Submitted For: Maggie Castro Submitted By: Javier

BarrazaDepartment: Planning & Zoning Division - DDS

Information1. REQUESTED ACTION:Variance Case No. 18-02: Severiano Gonzalez & Juana M. Varelarequest a variance from the Yuma County Zoning Ordinance, Section609.05 --Minimum Lot Width and Principal Building SetbackRequirements, to allow a rear yard setback of eight feet on a parcel4633 square feet in size zoned Recreational Vehicle Subdivision (RVS), Assessor's Parcel Number 668-25-087, located at 8816 SouthAvenida del Prado, Yuma, Arizona.

2. INTENT:To allow the following deviation from the Zoning Ordinance -A rear yard setback of eight feet where ten feet is required.

3. For detailed analysis see attached staff report4. STAFF'S RECOMMENDATION:Approval of Variance Case No. 18-02.

AttachmentsAtt: Staff Report Att: Zoning Map Att: Site Plan Att: Yuma County Internal Comments Att: MCAS comments

STAFF REPORT

Yuma County Planning and Zoning Division

Prepared for the Hearing of

March 20, 2018

Yuma County Board of Adjustment

CASE NUMBER: Variance Case No. 18-02

OWNER: Severiano Gonzalez & Juana M. Varela

CASE PLANNER: Javier Barraza, Senior Planner

DATE PREPARED: January 17, 2018

DESCRIPTION OF REQUEST: Severiano Gonzalez & Juana M. Varela request a variance from the

Yuma County Zoning Ordinance, Section 609.05—Principal Building Setback Requirements, to allow a

rear yard setback of eight (8) feet on a parcel 6,662 square feet in size zoned Recreational Vehicle

Subdivision (RVS), Assessor’s Parcel Number 668-25-087, located at 8816 South Avenida Del Prado,

No. 87, Yuma, Arizona.

THE APPLICANT’S REASON FOR REQUESTING THIS VARIANCE: The applicants’ intent is to

allow the installation of a manufactured home 16 feet by 65 feet on the property by requesting a

reduction of two feet reduction from the required rear yard setback.

APPROVAL OF THIS REQUEST WOULD ALLOW:

The following deviation from the Zoning Ordinance:

A rear yard setback of eight (8) feet where 10 feet is required.

BACKGROUND

The subject property is located within the Gila Valley Planning Area and is zoned Recreational Vehicle

Subdivision (RVS). The parcel is 56.5 feet wide by 83 feet deep and is located in El Prado Mobile

Estates Unit 1 Amend subdivision recorded in 1988. The property is currently vacant.

STAFF ANALYSIS

Section 403.03 of the Zoning Ordinance:

A. Variances under section 403.02 shall be granted only when, because of peculiar conditions

applicable to the property, the strict application of the Zoning Ordinance deprives such property

of privilege enjoyed by other property owners in the zoning district.

Staff finds there are no peculiar conditions applicable to the subject property. The parcel is 56.5 feet by

83 feet in size and meets minimum parcel size requirements for the RVS zoning district.

B. Variances are available only in cases where there is a hardship arising from conditions or

circumstances unique to the development of a particular piece of land, not from personal

considerations, personal convenience or financial hardships.

Staff finds there is no hardship arising from conditions or circumstances unique to the development of

this property. The property complies with the minimum size and width requirements for the RVS zoning

district.

C. Any motion to grant a Variance by the Board of Adjustment shall include specific peculiar

conditions applicable to the property, which exist to cause granting of a Variance.

Staff finds there are no specific peculiar conditions applicable to this property to warrant granting of this

variance. The parcel is spacious enough to accommodate for a smaller residence and auxiliary structures.

D. A variance shall not be granted which will have an adverse effect on public health, safety and

welfare.

Staff finds approval of this request will not have adverse effects on public health, safety, and welfare.

The proposed rear yard setback of eight feet is adequate for fire and emergency personnel access.

E. A variance shall not be granted if, in granting the variances a special privilege not commonly

enjoyed by others in the zoning district will be conferred, or have a negative impact on the

neighborhood.

Staff finds granting this variance does not confer a special privilege. Although all of the properties

within El Prado Mobile Estates Unit 1 amend, with the exception of Parcel 668-25-122, meet the required

rear setback of ten feet, there is a history of variance approvals for reduction of the rear yard setback

within the RVS zoning district.

F. The Board of Adjustment may require appropriate conditions or safeguards on any granted

variances so that public health, safety and welfare are not compromised.

Staff recommends that if approved, this variance will include the attached conditions as means of

addressing concerns of public health, safety, and welfare.

G. Variances shall not be granted if the condition is self-imposed or if a reasonable use of the land

can be made in an alternative development scheme without the variance.

Staff finds the condition is self-imposed. The owners can still install a smaller manufactured home to

comply with principal dwelling setback requirements.

H. The fact that there are non-conforming uses of neighborhood lands, structures or buildings, in the

same zoning district shall not be considered grounds for issuance of a variance.

Staff’s recommendation is not based on non-conforming uses of neighborhood lands, structures or

buildings in the same zoning district.

ADDITIONAL COMMENTS:

Paula L. Backs from MCAS-Yuma provided the following comment: The property is located in a non-

conforming (sic) area of the Yuma County Comprehensive Plan and the subdivision was established in

1988. The property was vacant and placement of an oversized MHS (sic) requires the reduction of

setbacks. The Zoning Ordinance and ARS§ 28-8481 would not allow residential development in this

area, however, since the property was already developed prior to 2004 and is in an established non-

conforming (sic) area, the Marine Corps Air Station does not object to the approval of this variance. It

is required that an avigation disclosure statement be recorded that recognizes the noise, interference,

and the vibrations that may occur due to aviation activities performed at the nearby MCAS/Yuma

International Airport aviation complex.

Yuma County Building Safety/Fire Code Division, Environmental Programs Section, Flood Control

District and Engineering Division provided no comments.

The Yuma County Assessor's Office provided the following comment: The Yuma County Assessor's

Office has no objection to the proposed variance.

STAFF RECOMMENDATION

Staff recommends approval of Variance Case No. 18-02 based on:

1. Staff finds granting this variance does not confer a special privilege not commonly enjoyed by

others in the zoning district.

2. Staff finds approval of this request will not have adverse effects on public health, safety, and

welfare.

If the Board of Adjustment approves this Variance, staff suggests attaching the following

conditions:

1. This variance is valid for the time limits outlined in Section 403.07 of the Zoning Ordinance.

2. An aviation disclosure statement shall be recorded by the owner/agent within 60 days of

approval by the Board of Adjustment.

µSCALE 1" =100'


PLANNING & ZONING DIVISION2351 W. 26TH STREET

YUMA, AZ 85364

DEPARTMENT OFDEVELOPMENT

SERVICES

CASE NO:LOCATION:APNs:

LegendSubject Property

RA-20

300' NOTIFICATION AREAMunicipality

6

127

V18-02

668250878816 S. AVENIDA DEL PRADO

Case Planner: Javier Barraza.Drawn by : Javier B 01-16-2018Reviewed: Javier B. 01-16-2018

AVEN

UE 6

E

87

HIGHWAY 95

AVENIDA DE LA FLORES

CAMINO RICARDO

CALL

E RIC

ARDO

PASE

O RI

CARD

O

RVS

RVS

900

94

95

96

98

97

96

68

7810099

79

80

82 83

84

85

69

88 89

90

91

92

93

71727374 70

81

757677

2728

29

30

31

3233

34 35 36 37 38 39 40 41 4342

January 17, 2018

CASE NUMBER: VARIANCE CASE NO. 18-02

Attached for your consideration is a Variance. The Planning & Zoning staff would appreciate your review of

this proposal and any comments you may have. Please check the applicable response below and return this form

to me along with your comments (if applicable) by the deadline below. You may also provide your response

and comments (if any) by e-mail. If you have no comment, please provide a “no comment” response. If you

cannot respond by the deadline, please contact me.

CASE SUMMARY: Variance Case No. 18-02: Severiano Gonzalez & Juana M. Varela request a variance

from the Yuma County Zoning Ordinance, Section 609.05 --Minimum Lot Width and Principal Building

Setback Requirements, to allow a rear yard setback of 8 feet where 10 feet is the minimum rear yard setback on

a parcel 4633 square feet in size zoned Recreational Vehicle Subdivision (RVS), Assessor's Parcel Number

66825087 located at 8816 South Avenida del Prado, Yuma, Arizona.

Intent:

The applicant requests this variance to allow a reduction on the rear setback of 5.5 feet where 10 feet is the

minimum allowed to accommodate for a new addition to an existing structure.

PUBLIC HEARING: Tentatively February 20, 2018

COMMENTS DUE: January 19, 2018

__X__COMMENT ____NO COMMENT

NAME:_Paula L. Backs, MCAS YUMA AZ__________

Please return your response to Javier Barraza, Senior Planner, Department of Development Services, 2351 W. 26

th Street, Yuma, AZ 85364 or by E-mail [email protected]

YUMA COUNTY

Planning & Zoning Division

REQUEST FOR COMMENTS

1/22/2018DATE:_________________

The property is located in a non-conforming area of the Yuma County Comprehensive Plan and the subdivision was established in 1988. The property was vacant and placement of an oversize MHS requires the reduction of setbacks. The Zoning Ordinance and ARS 28-8481 would not allow residential development in this area, however, since the property was already developed prior to 2004 and is in an established non-conforming area, the Marine Corps Air Station does not object to the approval of this variance. It is required that an avigation disclosure statement be recorded that recognizes the noise, interference, and vibrations that may occur due to aviation activities performed at the nearby MCAS/Yuma International Airport aviation complex. Thank you for the opportunity to comment.

Yuma County

Board of Adjustment

Item No. 6

AIR-8236 6. BOA AgendaMeeting Date: 03/20/2018 Submitted For: Maggie Castro Submitted By: Fernando

VillegasDepartment: Planning & Zoning Division - DDS

Information1. REQUESTED ACTION:Variance Case No. 18-03: Aaron Bennett and Spencer Troth request avariance from the development standards of Martinez Lake Resort UnitNo. 1 Planned Development to allow a height of 36 feet on two parcels3,186 square feet and 3,540 square feet in size zoned PlannedDevelopment (PD), Assessor’s Parcel Numbers 459-50-091 and459-50-092, located at 11430 North Osprey Point and 11436 NorthOsprey Point, Yuma, Arizona.

2. INTENT:The applicants request this variance to allow a building height of 36feet where 32 feet is allowed.

3. For detailed analysis see attached staff report4. STAFF'S RECOMMENDATION:Staff recommends approval of Variance Case No. 18-03.

AttachmentsVicinity Map Staff Report Site Plan

1

STAFF REPORT



March 20, 2018



OWNER: Aaron Bennett and Spencer Troth

CASE PLANNER: Fernando Villegas, Senior Planner

DATE PREPARED: February 5, 2018

DESCRIPTION OF REQUEST: Aaron Bennett and Spencer Troth request a variance from the

development standards of Martinez Lake Resort Unit No. 1 Planned Development to allow a maximum

building height of 36 feet where 32 feet is the maximum allowed on two parcels 3,186 square feet and

3,540 square feet in size zoned Planned Development (PD), Assessor’s Parcel Numbers 459-50-091 and

459-50-092, located at 11430 North Osprey Point and 11436 North Osprey Point, Yuma, Arizona.

THE APPLICANT’S REASON FOR REQUESTING THIS VARIANCE: The intent is to build two

3-story units 36 feet in height.


The following deviations from the Martinez Lake Resort Unit No. 1 Planned Development:

1. A maximum building height of 36 feet where 32 feet is the maximum allowed.

BACKGROUND

The subject properties are located within Martinez Lake Resort Unit No. 1 PD consisting of 140 single

family residential lots and 21 tracts. Additionally, the properties are located in the Martinez Lake

Planning Area of the 2020 Comprehensive Plan. Any existing structures will be removed from the

subject properties for the construction of new site built single family dwellings. Both properties were

rezoned to PD with Rezoning Case No. 02-39 (RZ02-39) on January 18, 2005. The development is

accessed via Martinez Lake Road, a paved road with 30 feet of right of way.

2

The purpose of the PD district is to encourage imaginative and innovative planning, particularly with

respect to diversification in the land use and flexibility in site designs, respect to various features,

including, but not limited to, spacing, heights, density, open space, circulation, preservation of natural

features, and innovative development that results in the availability of a variety of

residential/commercial/industrial opportunities. Martinez Lake Resort Unit No. 1 subdivision was

rezoned to PD due to the unusual shape, topography, and configuration of the lots. The development

standards allow for development of the lots with a setback of zero feet in the side yards provided

construction of dwelling units complies with the adopted fire code.

The Yuma County Zoning Ordinance, Section 616.07, states that any minor extensions, alterations or

modifications of existing buildings, structures or elements of the plan may be authorized by the Planning

Director if they are consistent with the purposes and intent of the plan. All other changes in the

Development Plan must be approved under the procedures authorized by the Zoning Ordinance.

Recently, the Board of Adjustment approved Variance Case No. 17-06 (V17-06) allowing a height of 36

feet for two properties in the same subdivision. This variance was approved with the condition that fire

protection sprinkler systems are required to be installed in the homes constructed on the lots.

STAFF ANALYSIS


A. Variances under section 403.02 shall be granted only when, because of peculiar conditions

applicable to the property, the strict application of the Zoning Ordinance deprives such property

of privilege enjoyed by other property owners in the zoning district.

Staff finds there are peculiar conditions applicable to the subject properties. The development standards

allow for development of the lots with a maximum height of 32 feet which does not provide enough room

for three floors. The applicant is requesting a maximum height of 36 feet for the dwelling units in order

to accommodate three floors.

B. Variances are available only in cases where there is a hardship arising from conditions or

circumstances unique to the development of a particular piece of land, not from personal

considerations, personal convenience or financial hardships.

Staff finds there is hardship arising from conditions or circumstances unique to the development of this

property. The development standards of the PD limit development of the properties to units with parking

on the ground floor and the dwelling above the parking. However, the maximum height of 32 feet does

not allow construction of three floors. Increasing the maximum height by four feet will enable the

construction of units with three floors.

C. Any motion to grant a Variance by the Board of Adjustment shall include specific peculiar

conditions applicable to the property, which exist to cause granting of a Variance.

Staff finds there are specific peculiar conditions applicable to this property to warrant granting of this

variance. The unique characteristics in the Martinez Lake Resort Unit No. 1 PD require that parking be

provided on the first level of each unit thereby limiting the number of floors that can be used for

3

habitable area. Increasing the maximum height to 36 feet will enable the construction of two floors

above the parking area dedicated to habitable space.

D. A variance shall not be granted which will have an adverse effect on public health, safety and

welfare.

Staff finds approval of this request will not have adverse effects on public health, safety, and welfare.

The increase in the maximum height will allow property owners to improve their properties with the

ground floor used solely for parking and two floors for livable area. The intent is to remove the existing

recreational vehicles from the subject properties thereby improving the physical condition of the subject

properties.

E. A variance shall not be granted if, in granting the variances a special privilege not commonly

enjoyed by others in the zoning district will be conferred, or have a negative impact on the

neighborhood.

Staff finds granting this variance does not appear to confer a special privilege since increasing the

maximum height to 36 feet will facilitate the construction of units with the ground floor used solely for

parking and two floors above the parking area for livable space.

F. The Board of Adjustment may require appropriate conditions or safeguards on any granted

variances so that public health, safety and welfare are not compromised.

Staff is recommending that if approved, this variance include the attached conditions as a means of

addressing concerns of public health, safety, and welfare.

G. Variances shall not be granted if the condition is self-imposed or if a reasonable use of the land

can be made in an alternative development scheme without the variance.

Staff finds the condition is self-imposed. The alternative is to amend the entire Martinez Lake Resort

Unit No.1 Planned Development to allow a maximum height of 36 feet.

H. The fact that there are non-conforming uses of neighborhood lands, structures or buildings, in the

same zoning district shall not be considered grounds for issuance of a variance.

Staff’s recommendation is not based on non-conforming uses of neighborhood lands, structures or

buildings in the same zoning district.


4



1. Staff finds approval of this variance may not have an adverse effect on public health, safety and

welfare.

2. Staff finds there are specific peculiar conditions applicable to this property to warrant granting of

this variance.

3. Staff finds approval of this request does not have a negative impact on the neighborhood.


conditions:

1. This variance is valid for the time limits outlined in Section 403.07 of the Zoning Ordinance.

2. A fire protection sprinkler system is required to be installed in the homes constructed on the lots.

Yuma County

Board of Adjustment

Item No. 7



Information1. REQUESTED ACTION:Variance Case No. 18-04: Juan and Virginia Castillo request avariance from the Yuma County Zoning Ordinance, Section706.04--Noise Zone Use Regulations, to allow a single familyresidence on a parcel 2.0 gross acres in size zoned Suburban SiteBuilt-2 acre minimum (SSB-2), Assessor's Parcel Number 723-63-104,located at 5440 South Tierra Bonita Boulevard, Yuma, Arizona;located in the 65-69 dB noise zone.

2. INTENT:The applicants request this variance to allow the construction of asingle family residence in the 65-69 dB noise zone.


AttachmentsVicinity Map Staff Report Site Plan MCAS Letter

(45

(6

(46

(115

(5

(112

(13 (14 (140

(201 (202

(4

(110 (111

(186 (187

(105

(191 (190(110

(174 (175

(53 (54 (55

(67 (68 (69

(101

(11

(193 (192

(199 (200

(32 (31 (30 (29 (155

(203

(17 (16

(104

(7

(28 (154 (153 (152 (151 (150 (149 (148

(1

(12

(147 (114

(102

(41 (42 (168 (167 (166

(95 (96 (97 (98

(170

(128 (129 (130 (131 (132

(2 (3 (4

(25

(44

(10

(4 (3 (2 (1 (127

(156 (157 (158

(198

(224 (223 (222 (221

(107

(188 (189

(39 (40

(70 (196 (195 (194

(5

(165 (164 (163 (162

(141 (142 (143 (144 (145 (146

(108

(43 (169

(205 (204

(109

(8

(112

(171 (172 (173

(56 (182

(217

(26 (27

(159 (160

(113

(161(103

(137 (136

(86 (85 (211

(135 (134

(81 (82 (83 (84 (210 (209 (208 (207

(9

(102 (101 (100 (99

(220 (219 (218

(18

(109

(88 (87

(178 (177 (176(111

(60

(17 (16 (15

(116(133

(139 (138

(181 (180 (179

(59 (58 (57 (183 (184 (185

(74 (73 (72 (71 (197

(106

(206

(212 (213 (214 (215 (216

(22

(21

County 14th St

Tierra

Mesa

Ln

Riho Ln

Tierra

Bonit

a Blvd

Rubio Ln

Cecelia Ln

Cuervo Ln

Castano Ln

Moreno Ln

Cuadrilla Ln

Taos Ln

Sombra Ln

SSB-2

SR-2

RA-10

R-1-8

SCALE: 1"= 300'

CASE PLANNER: FERNANDO VILLEGASDATE DRAWN: 2-07-18REVIEW BY: JAVIER BARRAZA





V18-045440 S. Tierra Bonita BLVD.

723-63-104

300' BUFFER

Zoning BoundarySUBJECT PROPERTY

µLegend

Red Cloud Mine Rd.

1

STAFF REPORT Yuma County Planning and Zoning Division


March 20, 2018 Yuma County Board of Adjustment

CASE NUMBER: Variance Case No. 18-04 OWNER: Juan & Virginia Castillo CASE PLANNER: Fernando Villegas, Senior Planner DATE PREPARED: February 12, 2018 DESCRIPTION OF REQUEST: Juan and Virginia Castillo request a variance from the Yuma County Zoning Ordinance, Section 706.04--Noise Zone Use Regulations, to allow a single family residence on a parcel 2.0 gross acres in size zoned Suburban Site Built-2 acre minimum (SSB-2), Assessor's Parcel Number 723-63-104, located at 5440 South Tierra Bonita Boulevard, Yuma, Arizona; located in the 65-69 dB Noise Zone. THE APPLICANT’S REASON FOR REQUESTING THIS VARIANCE: To construct a single family residence in the 65-69 dB noise zone. APPROVAL OF THIS REQUEST WOULD ALLOW: The construction of a single family residence in the 65-69 dB noise zone.

BACKGROUND The subject property is located within Tierra Bonita Subdivision zoned SSB-2. The SSB-2 zoning became effective on March 6, 2001. The intent is to construct a wood frame single family residence 3,642 square feet in size on the parcel. The Airport District of the Yuma County Zoning Ordinance does not allow new residential development in 65-69 dB noise zone unless it was the subject of zoning approved on or before December 31, 2000 that permits one dwelling unit per acre or less. Since the subject property was rezoned after December 31, 2000, approval of a variance by the Board of Adjustment is required for the construction of a single family residence. Arizona Revised Statutes (ARS) § 28-8471(A) states as follows: “A person who wants to erect or increase the height of a structure, permit the growth of a tree or otherwise use the person's property in violation of an airport zoning regulation adopted under this article may apply to the board of adjustment for a variance from the airport zoning regulation in question.”

2

Arizona Revised Statutes § 28-8481 requires that Yuma County and Marine Corps Station-Yuma (MCAS-Yuma) mutually agree that the proposed use is compatible and consistent with the high noise and accident potential zones of the military airport.

STAFF ANALYSIS


A. "A person who wants to erect or increase the height of a structure, permit the growth of a tree or otherwise use the person's property in violation of an airport zoning regulation adopted under this article may apply to the Board of Adjustment for a variance from the airport zoning regulation in question."

The Airport District does not allow residential development other than single family residential development that was the subject of zoning approved on or before December 31, 2000 that permits one dwelling unit per acre or less and single family residential development that is the primary residence for persons engaging in agricultural use. Although the SSB-2 zoning falls within the established residential density requirements of no more than one dwelling unit per acre, the zoning was approved after December 31, 2000. The SSB-2 zoning for this parcel was approved February 5, 2001, therefore a variance is required for the construction of residential uses.

B. A variance shall be allowed if a literal application or enforcement of the regulation would result

in a practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest, would do substantial justice and would be in accordance with the spirit of the regulation and this article."

Staff finds approval of this variance would not be contrary to the public interest, would do substantial justice and would be in accordance with the spirit of the regulation and the Airport District. The purpose of the Airport District is the encouragement of compatible land uses in the vicinity of airports and the promotion of the general public health, safety and welfare of airport users. The subject property is located in the Yuma Mesa Planning Area of the 2020 Comprehensive Plan. The land use designation is Rural Density Residential which allows a maximum density of one dwelling unit per two acres. Approval of this variance is in compliance with the range of identified uses, densities and intensities of the Yuma County 2020 Comprehensive Plan. The proposed single family residence is consistent and compatible with the high noise of the military airport.

C. "A variance may be allowed subject to any reasonable conditions the board of adjustment deems necessary to fulfill the purposes of this article."

Staff is recommending that, if approved, this variance include the attached conditions as a means of addressing any concerns on public health, safety and welfare.

3

ADDITIONAL COMMENTS: The following is a summary of comments received from the United States Marine Corps in a letter dated February 8, 2018: "The property is located within the 65-70 dB noise contour. Suburban Site Built-2 acre minimum (SSB) zoning was approved for this property, therefore the Marine Corps Air Station does not object to the placement of a single family residence on the 2 acre parcel. It is requested that an avigation disclosure statement be recorded, if not already recorded, that recognizes the noise, interference or vibrations that may occur at the nearby Marine Corps Air Station/Yuma International Airport aviation complex. Please email a copy of the recorded avigation disclosure statement to [email protected]." No other comments have been received as of February 12, 2018.

STAFF RECOMMENDATION Staff recommends approval of Variance Case No. 18-04 based on:

1. Granting this request would not be contrary to the public interest;

2. Granting this request would be in accordance with the spirit of the regulations and the Airport

District.

If the Board of Adjustment approves this Variance, staff suggests attaching the following conditions:

1. This variance is valid for the time limits outlined in Section 710.08 of the zoning ordinance.

2. An avigation disclosure statement shall be recorded by the owner/agent within 60 days of


3. Measures to achieve an outdoor to indoor noise reduction of 25 decibels must be incorporated into the design and construction of the residence.

Findings: The Yuma County Board of Adjustment hereby makes a specific finding that the purpose of military airport compatibility is preserved in accordance with ARS § 28-8481(C).

Yuma County

Board of Adjustment

Item No. 8



Information1. REQUESTED ACTION:Variance Case No. 18-05: Santa Fe Hacienda Construction LLCrequests a variance from the Yuma County Zoning Ordinance, Section706.04--Noise Zone Use Regulations, to allow a single familyresidence on a parcel 2.0 gross acres in size zoned Suburban SiteBuilt-2 acre minimum (SSB-2), Assessor's Parcel Number 724-19-009,located in the vicinity of Avenue 4½ E and County 12¾ Street, Yuma,Arizona; located in the 65-69 dB noise zone.

2. INTENT:The applicant requests this variance to allow the construction of asingle family residence in the 65-69 dB noise zone.


AttachmentsVicinity Map Staff Report Site Plan Comment Letters

(1

(4

(3

(5 (8

(3

(5 (6

(3 (7(4

(6

(4 (7(6

(2

(7

(2

(1

(2

(8

(2 (6(2

(5

(9 (10 (11 (12 (13

Aven

ue 4-

1/2

County 12-3/4 St

Aven

ue 4-

1/2

SSB-2

RA-10SSB-5

SCALE: 1"= 300'

CASE PLANNER: FERNANDO VILLEGASDATE DRAWN: 2-22-18REVIEW BY:





V18-05Vicinity of Ave. 4-1/2 E and Co. 12-3/4 St

724-19-009

300' BUFFER

Zoning BoundarySUBJECT PROPERTY

µLegend

RA-10

Red Cloud Mine Rd.

6 5 dB N

o i se Zone

6 5 dB N

o i se Zone

7 0 dB N

o i s e Zone

7 0 dB N

o i s e Zone

1

STAFF REPORT



March 20, 2018



OWNER: Santa Fe Hacienda Construction, LLC

CASE PLANNER: Fernando Villegas, Senior Planner

DATE PREPARED: February 22, 2018

DESCRIPTION OF REQUEST: Santa Fe Hacienda Construction, LLC requests a variance from the

Yuma County Zoning Ordinance, Section 706.04--Noise Zone Use Regulations, to allow a single family

residence on a parcel 2.0 gross acres in size zoned Suburban Site Built-2 acre minimum (SSB-2),

Assessor's Parcel Number 724-19-009, located in the vicinity of Avenue 4½ E and County 12¾ Street,

Yuma, Arizona; located in the 65-69 dB Noise Zone.

THE APPLICANT’S REASON FOR REQUESTING THIS VARIANCE: To construct a single

family residence in the 65-69 dB noise zone.


The construction of a single family residence in the 65-69 dB noise zone.

BACKGROUND

The subject property is zoned SSB-2. The zoning was approved October 2, 2017 and became effective on

November 2, 2017. The intent is to construct a wood frame single family residence 2,440 square feet in

size on the parcel. The Airport District of the Yuma County Zoning Ordinance does not allow new

residential development in 65-69 dB noise zone unless it was the subject of zoning approved on or before

December 31, 2000 that permits one dwelling unit per acre or less. Since the subject property was

rezoned after December 31, 2000, approval of a variance by the Board of Adjustment is required for the

construction of a single family residence.

Arizona Revised Statutes (ARS) § 28-8471(A) states as follows: “A person who wants to erect or

increase the height of a structure, permit the growth of a tree or otherwise use the person's property in

violation of an airport zoning regulation adopted under this article may apply to the board of adjustment

for a variance from the airport zoning regulation in question.”

2

Arizona Revised Statutes § 28-8481 requires that Yuma County and Marine Corps Station-Yuma

(MCAS-Yuma) mutually agree that the proposed use is compatible and consistent with the high noise and

accident potential zones of the military airport.

STAFF ANALYSIS


A. "A person who wants to erect or increase the height of a structure, permit the growth of a tree or

otherwise use the person's property in violation of an airport zoning regulation adopted under

this article may apply to the Board of Adjustment for a variance from the airport zoning

regulation in question."

The Airport District does not allow residential development other than single family residential

development that was the subject of zoning approved on or before December 31, 2000 that permits one

dwelling unit per acre or less and single family residential development that is the primary residence for

persons engaging in agricultural use. Although the SSB-2 zoning falls within the established residential

density requirements of no more than one dwelling unit per acre, the zoning was approved after

December 31, 2000. The SSB-2 zoning for this parcel was approved October 2, 2017, therefore a

variance is required for the construction of a single family residence.

B. A variance shall be allowed if a literal application or enforcement of the regulation would result

in a practical difficulty or unnecessary hardship and the relief granted would not be contrary to

the public interest, would do substantial justice and would be in accordance with the spirit of the

regulation and this article."

Staff finds approval of this variance would not be contrary to the public interest, would do substantial

justice and would be in accordance with the spirit of the regulation and the Airport District. The purpose

of the Airport District is the encouragement of compatible land uses in the vicinity of airports and the

promotion of the general public health, safety and welfare of airport users. The subject property is

located in the Yuma Mesa Planning Area of the 2020 Comprehensive Plan. The land use designation is

Rural Density Residential which allows a maximum density of one dwelling unit per two acres.

Approval of this variance is in compliance with the range of identified uses, densities and intensities of

the Yuma County 2020 Comprehensive Plan. The proposed single family residence is consistent and

compatible with the high noise of the military airport.

C. "A variance may be allowed subject to any reasonable conditions the board of adjustment deems

necessary to fulfill the purposes of this article."

Staff is recommending that, if approved, this variance include the attached conditions as a means of

addressing any concerns on public health, safety and welfare.

3


The following is a summary of comments received from the United States Marine Corps in a letter

dated February 26, 2018: "The property is located within the 65-70 dB noise contour. It was rezoned in

2017 to SSB-2 with a determination of compliance between MCAS and Yuma County (Rezoning Case

17-08) we do not object to approval of a variance to allow one single family dwelling on a 2 acre

parcel, as long as, an avigation disclosure statement has been recorded that recognizes the noise,

interference or vibrations that may be generated from aviation activities performed at the nearby

MCAS/YIA aviation complex. Noise level reduction standards are to be followed. Thank you for the

opportunity to comment.

No other comments have been received as of February 27, 2018.



1. Granting this request would not be contrary to the public interest.

2. Granting this request would be in accordance with the spirit of the regulations and the Airport

District.


conditions:

1. This variance is valid for the time limits outlined in Section 710.08 of the zoning ordinance.

2. An avigation disclosure statement shall be recorded by the owner/agent within 60 days of


3. Measures to achieve an outdoor to indoor noise reduction of 25 decibels must be incorporated into

the design and construction of the residence.

Findings: The Yuma County Board of Adjustment hereby makes a specific finding that the purpose of

military airport compatibility is preserved in accordance with ARS § 28-8481(C).

yuma county board of adjustment meeting public …

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