By Janet Perez | YourValley
Following a 6-2 vote, the town of Paradise Valley Board of Adjustment granted a family’s request for a variance to allow a construction modification on their already nor-conforming home. Board of Adjustment Chair Eric Leibsohn and board member James Kuykendall voted against approving the variance at the board’s Sept. meeting.
Town staff had recommended that the request be rejected stating that it did not meet all three criteria needed for the board to grant a variance.
There are three criteria are:
- That there are special circumstances applicable to the property, which may include circumstances related to the property’s size, shape, topography, location or surroundings.
- That the special circumstances applicable to the property were not self-imposed or created by the property owner.
- That the strict application of the zoning ordinance will deprive the property of privileges enjoyed by other property of the same classification in the same zoning district.
Thomas and Melida DeMark sought the variance to construct a minor addition to the rear patio while also removing a pool house and a portion of the front entry porch. The addition will be underneath the existing roofline, according to the variance request.
The DeMarks’ attorney, Jordan Rose, president of Jordan Rose Law Group, argued before the board that removal of the pool house would lessen the FAR as well as help with the flow of water through Paradise Valley.
“I think this is fully in keeping with the town code’s encouragement of reducing existing non-conformities. This reduces the FAR, period. It doesn’t expand it. It reduces it and if it’s not approved with the non-conformity, I don’t know how they can ever change their house without taking it completely down and rebuilding it at a 25% lot coverage.”
