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Oro Valley board approves variance allowing existing wall to remain in open space at 11730 N. Diamond Cholla Place
Summary
The Town of Oro Valley Board of Adjustment approved a variance to permit the location of an existing private wall within open space at 11730 N. Diamond Cholla Place, finding staff error contributed to the placement; the vote was 4–0 with one member abstaining. The variance covers location only and does not legalize wall height.
The Town of Oro Valley Board of Adjustment on Nov. 17, 2025, approved a variance allowing the location of an existing private wall to remain within open space at 11730 North Diamond Cholla Place by a vote of four ayes and one abstention. Member Afenadi moved to approve the variance and Member Gribb seconded.
Planning manager Mr. Vela told the board the central issue was placement, not design or structural questions, and said the property owner did not create the situation. "The town staff made a mistake," he said, describing prior town advice that led the owners to place the wall on the property line. Staff recommended approval on the basis that the five required variance findings had been met and stressed the decision would formalize location only: "The variance request does not legitimize the height. It's purely the location," Mr. Vela said.
Attorney Rory Juneman, representing the homeowners, said the owners sought and received homeowners association approval before construction and relied on town guidance. "They really have done everything to the book," Juneman told the board, and added that the owners have already reduced portions of the wall to comply with height limits: "As of November 4, they have taken down the height of that wall, to the legal height based on town code." He described the enclosed space as personal and functional for the household, including walking paths and accessible outdoor space.
A neighbor who spoke remotely, Mark Schumacher, urged the board to extend the hearing so commissioners could review a 15‑page packet he said he received only shortly before the meeting. Schumacher said postcards were late to his address and alleged the litigation disclosure on his home's listing caused monetary injury during his sale. "I hold Oro Valley and HOA responsible for that happening," Schumacher said.
Board members asked whether notice and signage followed town practice; staff said the property was posted and postcards were mailed 15 days before the hearing and that notification procedures were followed. The planning presentation described the property as larger than the zoning district minimum (roughly 17,000 sq ft) and said the area affected by the variance is approximately 5,000 sq ft beyond the plat's 12,000‑sq‑ft gradable limit.
Member Afenadi made the motion to approve the variance "based on the finding that the 5 criteria have been met," and Member Gribb seconded. The board recorded four ayes and one abstention and moved on to adjourn. The decision formalizes the wall's location but does not authorize any noncompliant height; staff and the property owner said they will complete documentation and address remaining permit requirements outside the variance approval.
The special session adjourned following the vote.
