January request for town to vacate land adjacent to property never given so...In January, we reported that the Phillips Company asked the Oro Valley Town Council to vacate three small pieces of right-of-way at intersections along Tangerine Road. The company had purchased adjoining parcels at Rancho Vistoso Boulevard, First Avenue, and Innovation Park Drive from ADOT after the state abandoned plans for freeway interchanges. Town staff told Council that the three excess right-of-way parcels were not needed for future road use. Still, Council members said they could not consider giving up the land without a site plan and more detail. So, they did not approve vacating these adjoining parcels.
Applicant changes course... sought setback variance so they can build a medical facility
Undeterred by this, Phillips Company shifted direction. Instead of seeking a right-of-way vacation of the adjacent town property, Phillips filed a request with the Board of Adjustment for a variance to develop the 1.19-acre parcel at Tangerine and Innovation Park Drive, across from Oro Valley Hospital. The property is zoned Hospital in the Rancho Vistoso PAD. Because the lot is much smaller than the zoning assumes, the code’s standard setbacks (100 feet in front, 75 feet in back, and 50 feet on the sides) left no buildable area.
Phillips asked the Board of Adjustment for reduced setbacks to allow construction of a 7,700 square-foot medical office for one of the three sites. They wanted:
- 30 feet front setback (Tangerine side)
- 25 feet rear setback
- 42 feet side setback (Innovation Park side)
- 10 feet side setback (west, adjacent to town-owned right-of-way and a wash)
Board of Adjustment approved request last week with one condition...
On September 23, the Board of Adjustment reviewed the case. Town staff recommended approval, finding that the parcel’s unusual size and shape created a genuine hardship under the five variance criteria set by state law. Golder Ranch Fire had no objections. After discussion, the Board approved the variances, with the added expectation that the applicant continue coordinating with Oro Valley Hospital on emergency access,
It is up to town staff to enforce that condition
Town staff cannot change or override the Board’s decision, but they are responsible for enforcing it. If the applicant does not follow through with coordination with Oro Valley Hospital, staff can require proof before issuing permits, withhold final approvals or occupancy, or pursue zoning violations. In short, while Council plays no role, staff ensures that the Board’s conditions are met.
What about the other two parcels?
The Rancho Vistoso Boulevard and First Avenue parcels were part of the original January right-of-way vacation request but have not returned for Council or Board action. As of now, the only Phillips parcel with an approved path forward is the Innovation Park site.
What about the other two parcels?
The Rancho Vistoso Boulevard and First Avenue parcels were part of the original January right-of-way vacation request but have not returned for Council or Board action. As of now, the only Phillips parcel with an approved path forward is the Innovation Park site.
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This article follows up on our January report about the Phillips Company’s request for right-of-way vacations along Tangerine Road, updating readers on the company’s new approach and the Board of Adjustment’s recent decision.
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