Staff Report

City of El Mirage — Regular Meeting (2026-09-01)

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Planning and Zoning Division
Development Services Department
10000 N. El Mirage Road, El Mirage, AZ 85335
623-972-8116; TDD 623-933-3258
www.elmirageaz.gov
1 
STAFF REPORT
Council Meeting Date: September 1, 2026
ACTION
   
   Zoning Case: VAR260001
Request to Consider
Consideration and action on a variance request for the property at 14206 N Palm St, El Mirage, 
AZ 85335 (APN 501-28-050B). The applicant requests variances from Section 154.053 – Zoning 
Standards of the Mixed Urban (MU) district, including: 1) Allowing an existing lot width of 31.5 
ft where 40 ft is required. 2) Allowing an existing 9-ft rear setback where 10 ft is required.
Goal/Purpose of Request
The applicant is seeking approval for a variance to build a residential dwelling on a lot that does 
not comply with the current zoning ordinance. The proposal is to construct a 1,579-square-foot 
home on a 3,656-square-foot lot.
Location
Site Plan indicated by the red parcel outline. 
14206 N Palm St. El Mirage, Az 85335

2
Case Number: VAR260001
Owner
Applicant
Martinez-Martinez, Letica
Juan M Gutiérrez
1734 W Williams Dr Ste 5
Blueprints & Design
Phoenix, AZ 85027
Glendale, AZ 85301
juanblue2015@yahoo.com
480-395-4305
Background 
The subject property is an existing legal nonconforming lot developed with a single-family 
residence originally constructed in 1950. The property contains a lot width of approximately 31.5 
feet and a lot area of approximately 3,565 square feet, both of which are below current MU 
zoning standards. Where the current zoning code requires a 40-foot-wide and a 4,000-square-foot 
lot. 
The existing home was constructed with nonconforming setbacks, including a rear setback of 
approximately zero feet and a north side setback of approximately 3 feet. These site conditions 
and the original structure placement predate the city’s current zoning regulations. Current zoning 
regulations require a ten-foot rear setback and a five-foot side setback. 
Per zoning code 154.107, non-conforming structures have the right to operate and maintain a 
non-conforming use status and shall terminate when the structure or structures housing the use 
are removed, razed, or remodeled to the extent of 50% of the structure’s fair market value. The 
structure shows signs of deterioration, including water intrusion, termite damage, and 
compromised framing, necessitating demolition and reconstruction of the rear portion of the 
residence. The applicant is requesting a variance to allow reconstruction while maintaining the 
established building footprint and the existing nonconforming site constraints. 
The applicant seeks approval from the Board of Adjustment, consistent with Section 154.155, 
which allows variances where strict enforcement would deprive the owner of reasonable use of 
their property. The lot dimensions, existing setbacks, and original house placement were all 
established long before current zoning standards, and the hardship is not self-imposed. Strict 
enforcement of current setback, minimum lot width, and minimum lot size standards would: 
Prevent reasonable reconstruction of the existing residence. Eliminate the use of areas that have 
long functioned as part of the original home. Make redevelopment impossible without removing 
significant portions of the existing structure. These conditions meet the required findings under 
Section 154.155 (B)(8)(a–c).
General Plan Compliance
The 2020 General Plan Land Use Map identifies the site as part of the Mixed-Use Planning Area 
and notes that it is compatible with the plan. 
Zoning, Land Use & Overlays

3
Case Number: VAR260001
The residential property is zoned MU (Mixed-Urban), is currently abandoned, and is within the 
Downtown Revitalization Plan and Opportunity Zone. 
ARS 28-8481 Land Use Compatibility
Not applicable. 
City Staff Review
City staff reviewed the application and determined it is ready for the variance hearing.
Stipulations
The applicant shall proceed with the construction of the residential dwelling within six months of 
the approval. 
Planning Commission
The Planning Commission is not required to review or act on variance requests because all 
variances are decided solely by the Board of Adjustment, as outlined in Section 154.155.
City Council
City staff will present and request final action from the City Council during the variance hearing 
on September 1, 2026.
Public Comments
No comments received. 
Conclusion
If the application is approved, the applicant may submit the construction documents for staff 
review and approval.
Attachments
Zoning Application