Attachment C - PHO Summary - PHO-1-24--Z-56-16-3.pdf

ITEM NO: 1 
DISTRICT NO. 3 
SUBJECT: 
Application #: 
PHO-1-24--Z-56-16-3 (Continued from August 21, 2024) 
Location: 
Approximately 320 feet east of the southeast corner of 19th 
Avenue and Cactus Road 
Zoning: 
C-2
Acreage: 
3.94 
Request: 
1)
Request to delete Stipulation 1 regarding minimum
landscape setback along the east property line.
Applicant: 
Sean Hamill, United Engineering Group 
Owner: 
Mike Zipprich, PHNXLAND LLC 
Representative: Sean Hamill, United Engineering Group 
ACTIONS:   
Planning Hearing Officer Recommendation:  The Planning Hearing Officer 
recommended approval. 
Village Planning Committee (VPC) Recommendation:  The North Mountain 
Village Planning Committee reviewed the request on August 21, 2024 and 
recommended approval with a vote of 12-0. 
DISCUSSION: 
Sean Hamill, representative of United Engineering Group, gave an overview of 
the site. He stated the owner submitted for a development pre-application 
meeting in 2023 for a mini-home development. He said as of this year, the site 
has undergone three site plan revisions to accommodate landscape setbacks, 
parking requirements, and hillside restrictions. He stated since the parcel has 
been split, their portion of the site has a “bottle neck” that makes it difficult to 
accommodate the 40-foot landscape setback. The site plan showed portions of a 
basketball court and two parking spaces encroaching the landscape setback, 
however, no buildings are encroaching the setback. 
Byron Easton, Planning Hearing Officer, asked Mr. Hamill to clarify what type of 
buildings will be provided on the lots. 
ATTACHMENT C
REPORT OF PLANNING HEARING OFFICER ACTION 
Byron Easton, Planner III, Hearing Officer  
Teresa Garcia, Planner I, Assisting  
September 18, 2024

Planning Hearing Officer Summary of September 18, 2024 
Application PHO-1-24—Z-SP-11-05-7 
Page 2 
 
Mr. Hamill stated the original proposal was lots, but now they are mini-home units 
that are a hybrid mobile home/manufactured home placed on the lots throughout 
the development. 
 
Mr. Easton asked Mr. Hamill if they were requesting the deletion because they 
cannot landscape the parking and basketball court encroaching the setback. 
 
Mr. Hamill answered yes. 
 
Mr. Easton stated he does not want to approve the deletion of the stipulation and 
potentially have a new site plan come back in with buildings within the setback. 
 
Mr. Hamill stated the owner is set on their current site plan, and that the hillside 
and Zoning Ordinance regulations will ensure that the building setbacks will not 
be compromised. 
 
Mr. Easton recommended approval to delete Stipulation 1. He stated the site 
plan is incorporating a large amount of undeveloped hillside, and the residential 
development meets the intent of the hillside requirements. He noted that the 
stipulation regarding a Recorded Proposition 207 waiver was part of the original 
rezoning case and the ensure it is submitted prior to preliminary site plan 
approval. 
 
FINDINGS: 
 
1) The request to delete Stipulation 1 regarding the minimum landscape 
setback along the east property line is recommended to be approved.  
Based on the proposed site plan, the applicant has incorporated a large 
area of undeveloped hillside into the planning area creating the same 
buffer and the stipulation intends. The original zoning case included 
multiple APN’s, however this parcel has since been broken off and is 
being developed separately from the commercial development, thus 
putting undue burden on this site.  The 40 foot landscape setback is 
actually mainly being retained with only a portion of a parking space and 
basketball court encroaching. 
 
STIPULATIONS: 
 
Phoenix Zoning Ordinance: 
 
 
1. 
A minimum 40-foot landscape setback shall be required along the east 
property line and shall mimic natural desert landscape, as approved by the 
Planning and Development Department. 
 
 
1. 
The applicant shall submit an archaeology survey report of the

Planning Hearing Officer Summary of September 18, 2024 
Application PHO-1-24—Z-SP-11-05-7 
Page 3 
 
2. 
development area for review and approval by the City Archaeologist prior 
to clearing and grubbing, landscape salvage, and/or grading approval. 
 
 
2. 
3. 
Prior to preliminary site plan approval, the landowner shall execute a 
Proposition 207 Waiver of Claims in a form approved by the City 
Attorney’s Office. The waiver shall be recorded with the Maricopa County 
Recorder’s Office and delivered to the City to be included in the rezoning 
application file for record. 
 
 
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