TO: Chair and Board of Adjustment
FROM: Eva Cutro, Community Development Director
Paul Michaud, Senior Planner
George Burton, Planner
DATE: April 12, 2017
CONTACT:
Staff Contact
George Burton, 480-348-3525
End
AGENDA TITLE:
Title
Appeal for relief from the ruling of the Town Zoning Administrator regarding the application by TMS Ventures, LLC for Hillside Building Committee Review for the Property located at 5507 E. San Miguel Ave (Assessor's Parcel Number: 172-47-078D).
Case No. BA-16-7
Body
Background
BACKGROUND
History
TMS Ventures LLC ("TMS") is proposing to build a home on the property located at 5507 E. San Miguel Avenue ("TMS Property"). On March 2, 2016, TMS submitted an application for a variance to allow a proposed driveway cut to exceed the limitation on length. The Board of Adjustment continued the variance application to the meeting of May, 2016. However, on March 30, 2016, TMS withdrew its variance request due to some changes TMS made in its plans that TMS believes has now eliminated the need for the variance.
TMS subsequently submitted an application for Hillside Building Committee review. Hillside Building Committee review on a new home requires both a conceptual plan review and a formal plan review. TMS has stated to the Town staff that it believes it has legal access to the TMS Property pursuant to an implied way of necessity and that such access created thereby on the neighboring/southern lots provides access to the TMS Property. The legal status of access to the subject property is currently the subject of pending litigation in Maricopa County Superior Court (the "Pending Litigation"). Access is typically reviewed as part of the building permit process. The Hillside Building Committee review examines land disturbance and other such matters regulated by the Hillside Code within the boundaries of the subject site.
On September 8, 2016, the Hillside Building Committee held a conceptual plan review meeting of the ...
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