Case Summary
| Case ID | 22F-H2221018-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2022-08-05 |
| Administrative Law Judge | Kay A. Abramsohn |
| Outcome | loss |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Terry Marvin & Lori J. Lefferts | Counsel | — |
|---|---|---|---|
| Respondent | The Stone Canyon Community Association, Inc. | Counsel | Nicholas C.S. Nogami |
Alleged Violations
CC&R § 11.3; Guidelines § 1, Items 1 & 32; Guidelines § 5, Item 12
Outcome Summary
The Petition alleging that the Stone Canyon Community Association violated its Design Guidelines by granting a variance for secondary improvements within the side-yard setback to Lot 19 owners was dismissed. The ALJ found that the DRC exercised reasonable discretion in granting a deviation (variance) under Guidelines Section 5, Item 12, and the Petitioners failed to meet their burden of proof.
Why this result: The Administrative Law Judge determined that the Design Review Committee acted reasonably within its authority to grant a deviation (variance) to the Guidelines to allow the proposed secondary improvements (grading, driveway, enclosure) within the 15’ side-yard setback in extenuating circumstances, consistent with the requirements outlined in Guideline Section 5, Item 12.
Key Issues & Findings
Alleged violation by DRC when granting a variance for side-yard setback requirements for secondary improvements.
Petitioners (Lot 20 owners) alleged the DRC violated guidelines by granting a variance to Lot 19 owners for placing secondary improvements (driveway, grading, site walls, enclosure) within the 15-foot side-yard setback. Petitioners sought rescission of the variance, arguing the DRC failed to establish an unreasonable hardship or burden as required by Guideline Section 5, Item 12, thereby acting unreasonably and causing diminution in Lot 20 value.
Orders: Petitioners' Petition is dismissed. Petitioners bear their $500.00 filing fee.
Filing fee: $500.00, Fee refunded: No
Disposition: respondent_win
- Guidelines Section 1, Item 1
- Guidelines Section 1, Item 32
- Guidelines Section 5, Item 12
- A.A.C. R2-19-119
- A.R.S. Title 33, Chapter 16
Analytics Highlights
- CC&R Section 11.3
- Guidelines Section 1, Item 1
- Guidelines Section 1, Item 32
- Guidelines Section 5, Item 12
- A.R.S. Title 33, Chapter 16
- A.A.C. R2-19-119