Vote: approved

Item Text

10. DUNCH AUTOMOBILE REPAIR (Supervisorial District: 4) Case #: SU250040 Applicant and Owner: Ashley Marsh, Gammage & Burnham / David Dunch Request: Special Use Permit (SUP) for home-based automotive repair business in the Rural-43 zoning district Site Location: Generally located 320’ west of 107th Ave. between Tessmer Rd. & Williams Rd. in the Peoria area Commission Recommendation: Commission Action: On 6/11/26, the Commission voted 6-0 (motion by Commissioner Leighton, D4, seconded by Chair Milhaven D2) to adopt a motion recommending the Board of Supervisors approve SU250040 subject to conditions ‘a’ –‘i’. a. Development of the site shall be in substantial conformance with the Site Plan entitled “Dunch Property SUP Application“, consisting of 1 full-size sheet, dated January 30, 2026, except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Special Use Permit Narrative”, consisting of 26 pages, dated March 2026, except as modified by the following conditions. c. This special use permit is valid for a period of 10 years and shall expire on June 10, 2036, or upon termination of the use for a period of 90 or more days, whichever occurs first. All site improvements associated with the special use permit shall be removed within 90 days of such expiration or termination of use. d. The following SUP conditions shall apply: 1. Minimum Screening: 6’ chain link fencing with view slats or screening materials along southern parcel boundary. 2. Minimum Paving: Dust control measures as approved by the Maricopa County Air Quality Department e. The following Engineering condition shall apply: 1. Engineering review of planning and/or zoning cases is for conceptual design only. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. f. Within one (1) year of Board of Supervisor Approval, the applicant shall obtain any required commercial Building Permits as applicable for commercial uses pertaining to the Special Use Permit. g. Prior to issuance of a building permit and certificate of occupancy, written confirmation will be required from the emergency fire protection jurisdiction having authority that the site has been designed in accordance with their regulations and requirements, and that emergency fire protection service will be provided to the site. h. Noncompliance with any of the conditions assigned to the approval of this Special Use Permit by the Maricopa County Board of Supervisors may be grounds for revocation in accordance with the requirements and procedures as set forth in the Maricopa County Zoning Ordinance. i. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, and at the time of expiration of the Special Use Permit, the property may be considered for revocation to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, or the expiration of the Special Use Permit, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. (C-44-27-008-X-00)

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