Fillable Town of Sahuarita Planning & Building Department 375 (Town of Sahuarita)

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Town of Sahuarita Planning & Building Department 375 (Town of Sahuarita)

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January 2018
Town of Sahuarita
Planning & Building Department
375 W. Sahuarita Center Way
Sahuarita, Arizona 85629
Phone: (520) 822-8855
www.sahuaritaaz.gov
MODIFICATION OF SETBACK APPLICATION
Modification of Setback Address:
Check Attached
Documents:
Legal Description
Letter of
Authorization from
owner for agent
Site Plan
Elevation Drawings
Standards Evaluation
Sheet
Signature Page and
Map
Fee: $125
($150 if mailed notice
is required)
Property Owner Name:
Mailing Address:
City/Zip Code:
Phone #:
Email address:
Applicant Name:
(if not property owner)
Address:
City/Zip Code:
Phone #:
Email address:
Reason for setback modification request:
I, the undersigned, certify that all the facts in this application are true to the best of my
knowledge. I am aware that application for building permits must be made within one
year of approval of the Modification of Setback and that failure to apply for building
permits within th
at time renders the modification null and void. I have read and
understood the Modification of Setback Requirements, guidelines, and standards.
Signature of Applicant
Please type your first and last name
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree
to the above terms of acceptance.
Date:
mm/dd/yyyy
Note: Please consult with
your HOA, if applicable,
prior to application.
2
MODIFICATION OF SETBACK REQUIREMENTS – EVALUATION OF IMPACTS TO ADJACENT PROPERTIES
In the spaces provided below, describe how the proposed setback modification meets each of the five
standards. The application cannot be processed without this information. Address how the proposed
modification of setback relates to the following potential impacts.
You may attach a separate sheet if
necessary.
1. The reduced setback will not substantially reduce the amount of privacy that would be enjoyed by
nearby residences.
2. Significant views of prominent landforms, unusual stands of vegetation, or parks from nearby
properties will not be obstructed any more than would occur if the setback was not modified.
3. Does not create a situation where proposed development will block visibility within the required
visibility triangle on adjoining streets for either vehicular or pedestrian traffic.
4. Drainage from proposed buildings and structures will not adversely affect adjoining properties and
public rights-of-way.
5. Does not create a situation where the proposed development will cause trespass lighting or
decrease solar access on adjoining properties.
3
Town of Sahuarita
Planning & Building Department
375 W. Sahuarita Center Way
Sahuarita, Arizona 85629
Phone: (520) 822-8855
www.sahuaritaaz.gov
MODIFICATION OF SETBACK
Property owners who seek a modification of a front, side or rear yard setback requirement in
the Town of Sahuarita may apply to the Planning and Building Director for a Modification of
Setback per Town of Sahuarita Zoning Code 18.85.030. Affected property owners, as described
in the town code, are notified of the application. If there is no objection, the Planning and
Building Director may grant the modification without a public hearing.
STEP 1: APPLYING FOR A MODIFICATION OF SETBACK REQUIREMENTS
A. Pre-application meeting. The applicant discusses the proposed application with Planning
staff (the Planning and Building Department is located at 375 W. Sahuarita Center Way,
Sahuarita, Arizona 85629) and receives the necessary forms.
B. Application and fees. The applicant completes the forms and returns them to the
Planning and Building Department, along with the application fee and other required
materials, including:
1. Site plan (see below for instructions).
2. Letter of authorization for applicant to apply (if applicant is not the property owner).
3. Standards Evaluation Form
4. Elevation drawings if determined necessary by staff
5. Fee ($125.00, plus $25 public notice fee the applicant is unable to obtain required
signatures) – not refundable if the application is denied or is withdrawn by the
applicant. If the application is referred to the Board of Adjustment, additional public
notice fees in the amount of $75.00 will be required.
6. Signature sheet and County Assessor’s map (may be provided by Town staff) showing
subject property and all affected properties as described in STC 18.85.030.C.
These features must be shown on the site plan:
• Entire lot with proportionate dimensions and lot lines labeled, an arrow showing the
north direction, and an adjacent street or roadway.
• Access (i.e., driveway) and parking
• All existing and proposed structures
• Distances from buildings and structures to property lines and distance between
buildings and structures
• Highlight the feature(s) which are the subject(s) of the variance request
• All measurements and dimensions should be scaled
INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED
4
C. Processing by staff. Planning staff checks the application to ensure that all standards for
the Modification of Setback Requirements can be met. These standards, as outlined in
the Town of Sahuarita Zoning Code, include:
1. The reduced setback will not substantially reduce the amount of privacy that would be
enjoyed by nearby residences.
2. Significant views of prominent landforms, unusual stands of vegetation, or parks from
nearby properties will not be obstructed any more than would occur if the setback was
not modified.
3. Does not create a situation where proposed development will block visibility within the
required visibility triangle on adjoining streets for either vehicular or pedestrian traffic.
4. Drainage from proposed buildings and structures will not adversely affect adjoining
properties and public rights-of-way.
5. Does not create a situation where the proposed development will cause trespass
lighting or decrease solar access on adjoining properties.
If one or more of these standards cannot be met, the Planning and Building Director may deny
the application, or the application may be referred to the Board of Adjustment for a public
hearing. If the Planning and Zoning Director denies the application, the applicant may appeal
the Planning and Building Director’s decision to the Board of Adjustment for consideration at a
public hearing.
D. Written consents. If the applicant submits written consent from all affected property
owners, the Planning Director may waive the notification process described in D Below.
Planning staff may also confirm with adjacent property owners that the application and
the site plan were reviewed.
E. Notification and protests. If the applicant does not submit written consent from all
affected property owners, Planning staff sends notification of the Modification of Setback
Request to all affected property owners. These property owners have 15 days from the
date the notification is sent to file a written protest with the Planning and Building
Director. If no protests are received within that period and the Planning and Building
Director has determined that the application meets all the standards, Planning Staff
notifies the applicant that the Modification of Setback Requirements has been approved,
and that the applicant may apply for a building permit as allowed by the setback
modification. If a written protest is received within 15 days, staff will schedule the
application for the next available Board of Adjustment meeting for consideration at a
public hearing.
STEP 2: BOARD OF ADJUSTMENT HEARING (if necessary)
A. Notification of the Board of Adjustment Hearing. Staff notifies the applicant and all
property owners within 300 feet of the date, time, and place of the Board of Adjustment
hearing. A notice is posted on the property and an advertisement is placed in the public
notice section of the newspaper.
B. Board of Adjustment Hearing. The board of adjustment considers the application at a
public hearing, giving the applicant and members of the public an opportunity to speak.
The board may approve the application, deny it, or continue the hearing for not more
5
than three months. If the board approves the application, Planning staff notifies the
applicant that the Modification of Setback Requirements has been approved, and that the
applicant may apply for a building permit for the proposed structure at the Town of
Sahuarita Planning and Building Department.
C. Appeals of a Board of Adjustment Decision. The applicant or a surrounding property
owner may appeal an action of a Board of Adjustment to superior court within 30 days of
the action.
The overall timeframe for a modification of setback application that requires a Board of
Adjustment hearing is 2.25 months. Applications not requiring a public hearing are generally
completed within a much shorter timeframe. This timeframe assumes a complete application
at the time of submittal with no corrections necessary.
If you have any questions or require assistance throughout the application process, you may
contact Orlanthia Henderson at (520) 822-8851 or ohenderson@sahuaritaaz.gov.
The Town of Sahuarita will provide you with clarification of its interpretation or application of
statutes, ordinances, codes, or authorized substantive policy statements as requested.
6
CONSENT FOR MODIFICATION OF SETBACK REQUIREMENTS
I, the undersigned, have reviewed the attached sketch plan for the proposed modification of
setback requirements and do not have an objection to it.
ADDRESS
LOT
CONTACT PHONE
NUMBER
NAME OF OWNER
(PRINT)
SIGNATURE*
* Signer must be the property owner or an authorized representative of the property owner. If
an authorized representative signs, proof of authorization must be provided.
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Completed 4 August 2020

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