01.BA260041 BOA Staff Report

Report to the Board of Adjustment 
Prepared by the Maricopa County Planning and Development Department 
 
 
Case:   
 
 
BA260041 – Kastelic Property Variance 
 
Hearing Date:  
 
July 16, 2026 
 
Supervisor District: 
 
3 
____________________________________________________________________________________________ 
 
Applicant/ 
Property Owner: 
Scott Kastelic 
 
Request: 
Variance to the development standard of the Maricopa County Zoning 
Ordinance to permit: 
 
1) 
Allow approximately 11,010 sq. ft. of hillside disturbance outside of the 
principal building envelope where prohibited per MCZO Article 901.4.1  
 
Site Location: 
APN 202-20-400 @ 809 E. Circle Mountain Rd., in the New River area 
 
Site Size: 
 
 
1.20 acres (approximately 52,272 sq. ft.)  
 
Current Use / Zoning: 
Vacant, proposed single-family residence / Rural-43 
 
Open Violation: 
V202302616 
 
Background: 
 
1. 
2010s: APN 202-20-400 was created via unregulated land division. 
 
2. 
June 2023: The owner took title to the subject property via warranty deed MCR2023-0316132. 
 
3. 
2023: The owner disturbed an area of approximately 11,010 sq. ft. on the property grading a driveway 
and to place a recreational vehicle. The work was completed without benefit of issued permits 
authorizing the work.  
 
4. 
December 13, 2023: Case V202302616 is open against the subject property for unpermitted grading 
and an occupied RV and/or storage of an RV without an established primary use. 
 
5. 
August 27, 2024: The owner files for permit BLDR24002230 to construct a single-family dwelling. 
Remediation of the existing hillside disturbance or variance is required for this building permit to be 
issued. 
 
6. 
May 7, 2026: The applicant applies for the subject variance. The applicant also files for TU260012 
to allow for temporary residency in an RV once a building permit for the permanent residence has 
been issued. The building permit must be issued prior to the TUP being administratively approved or 
scheduled for approval.

Page 2 of 7 
 
Existing On-Site and Surrounding Zoning/Land Use: 
 
On-site: 
RU-43 / Vacant (proposed single-family residence) 
 
North:  
Circle Mountain Road then Rural-43 / Single-family residence 
 
South:  
Rural-43 / Vacant 
 
East: 
 
Rural-43 / Vacant 
 
West:  
Rural-43 / Vacant 
 
Variance Request(s): 
 
7. 
The applicant proposes to allow approximately 11,010 square feet of existing hillside disturbance 
to remain on the property outside the lot’s principal building envelope. Per the submitted plot plan 
dated March 5, 2026, the parcel is approximately 230’ wide along the south property line and 269’ 
along Circle Mountain Rd., with the proposed residence sited within the principal building 
envelope established by the required setbacks (40’ front/rear and 20’ sides). The disturbance was 
created by the applicant when he graded a driveway and area for placement of an RV. The 
applicant has indicated the intent to obtain a grading and drainage permit for the existing 
disturbance and to ultimately construct a single-family residence on the parcel. 
 
Excerpt from proposed site plan. The existing trailer is south of the proposed home within the hillside area.

Page 3 of 7 
 
Photograph of subject site as taken from Google Street View looking south into the property 
 
 
 
Site Analysis: 
 
8. 
The subject property is a 1.2-acre parcel located on the south side of Circle Mountain Rd. in the 
New River area of unincorporated Maricopa County. The parcel has approximately 269’ of 
frontage along Circle Mountain Rd. and is roughly trapezoidal in shape, narrowing from north to 
south along its frontage. The property contains natural hillside terrain and varying slope 
conditions. There is disturbance created due to the creation of the driveway leading up to the 
shed overhanging the RV in which the property owner is currently living.   
 
Aerial photo of subject site

Page 4 of 7 
 
Aerial image & surrounding environs 
 
 
 
 
Eagle view of subject site looking north into subject parcel (aerial image dated 3/1/2025).

Page 5 of 7 
 
Zoning District map 
 
 
 
9. 
The ordinance allows for hillside disturbance related to the driveway and utility connection to 
encroach outside the principal building envelope. This variance is chiefly concerned with the 
graded area at the end of the driveway for the parking area and where the RV (acting as temporary 
housing) is stored. 
 
Zoning District Standards: 
 
10. 
The following table is included to illustrate and contrast the standards for the underlying zoning 
district with those proposed by the owner (Note: changes to proposed standards are indicated in 
bold). 
 
 
 
Standard 
 
Rural-43   
Zoning 
District 
Proposed with 
Variance 
Hillside disturbance outside principal building envelope 
None* 
11,010 sf 
 
Note: Standards indicated in bold do not meet base zoning standards 
 
*Except for driveway and utility connection  
 
  
 
State Statute / County Zoning Ordinance Tests - ARS § 11-816.B.2 and MCZO Article 303.2.2 states the 
Board of Adjustment may, “Allow a variance from the terms of the ordinance if, owing to peculiar 
conditions, a strict interpretation would work an unnecessary hardship and if in granting the variance the 
general intent and purposes of the zoning ordinance will be preserved.”  
 
11. 
Statutory Test -1 Does the applicant’s property contain any peculiar condition– Discuss and 
explain what is/are the peculiar conditions facing the property and include reference to the 
Maricopa County Zoning Ordinance Regulations or Development Standards to be varied.

Page 6 of 7 
 
"Parcel 202-20-400 contains natural hillside terrain and varying slope conditions that limit access 
and usable area within the parcel. The lot is affected by topographic constraints typical of hillside 
properties in Maricopa County. This property has a disturbed area of approximately 11,010 square 
feet. This variance request is to allow the existing disturbance to remain to support residential use 
consistent with the RU-43 zoning district. The intended use of the property is to build a single-family 
residential home, and the existing improvements are necessary to facilitate safe and practical 
access." 
 
12. 
Statutory Test 2 – Does applying the requirements of the Ordinance to the applicant’s property 
create an Unnecessary Hardship – Explain how the peculiar condition identified in #1 causes an  
unnecessary hardship to the property when the requirements of the Maricopa County Zoning 
Ordinance are applied.  Explain how the that the peculiar condition of the property came to be and 
whether the condition was created by the applicant or someone in the property’s line of title. 
Explain the proposed use of the property with the variance request. Identify and explain all 
peculiar conditions on your property in regard to the following areas: slope, narrowness, 
shallowness, irregular shape, location, washes, vegetation, and easements, etc. Explain how 
enforcement of the Zoning Regulations or Development Standards would impose a hardship on 
the property. 
 
"The particular conditions of the property, including the existing disturbed area, are the current site 
conditions. Strict enforcement of Maricopa County Zoning Ordinance regulations related to hillside 
disturbance and grading would impose a hardship by requiring removal and restoration of 
improvements that are necessary for access and reasonable use of the property. Restoring the 
property to the original condition is impractical and would make the property very difficult to 
develop and prevent reasonable access and use of the property. The hardship is directly related to 
the physical characteristics of the land including slope and terrain of the site conditions. Strict 
application of the Zoning Ordinance for this property will cause a hardship by preventing reasonable 
use and access to the property and providing no public benefit." 
 
13. 
Statutory Test 3 – General Intent and Purpose of the Zoning Ordinance – Discuss the purpose 
of the zoning requirement from which the variance is being sought. Then, discuss and explain 
how, provided statutory tests #1 and #2 are satisfied, the granting of the requested variance 
would preserve the general intent and purpose of the Zoning Ordinance. 
 
"The requested variance will not negatively impact the general intent and purpose of the zoning 
ordinance. The requested variance does not propose any change to the land use, density, or zoning 
classification. The property will be used for building a single-family home. The variance will not 
negatively impact drainage, traffic or environmental conditions, and a grading and drainage permit 
will be obtained." 
 
Findings:  
 
14. 
The applicant has the burden of proving to the Board that, in accordance with the standard set 
forth in ARS §11-816.B.2 and MCZO Article 303.2.2, the property requires a variance. To grant the 
relief, the applicant must prove, and the Board must find and identify, a physical condition of the 
applicant’s property that is peculiar and not common to the area or the universe of the zoning 
district. Also, any such peculiarity must not have been created either by the applicant or anyone 
in the chain of title. If the Board determines that there is no such peculiar physical condition, its 
inquiry stops, and the application must be denied. 
 
If the Board identifies a peculiar physical condition of the applicant’s property which is not self-
imposed, then the applicant must prove, and the Board must find and identify, an unnecessary 
hardship imposed upon the property due to the strict application of the requirements of the zoning

Page 7 of 7 
 
ordinance which the applicant wishes to have varied such that there is no viable use of the 
property without the variance.  
 
If the Board identifies a peculiar physical condition of the property which is not self-imposed, and 
that in applying the requirements of the zoning ordinance to the property, because of the peculiar 
physical condition, an unnecessary hardship exists, the applicant must prove, and the Board must 
find and identify, how the granting of the variance will preserve the general intent and purpose of 
the zoning ordinance. 
 
In order to approve the variance the Board must make findings and articulate them in motion 
memorializing the above.   
 
15. 
Based upon what the applicant has submitted and the staff analysis in this report, staff offers the 
following positive and/or negative observations the Board may consider in its findings: 
 
o The entire lot is subject to hillside slopes. 
o The lot and surrounding lots were created via unregulated land division. 
o Hillside disturbance on the lot is existing created by the current property owner. 
o The lot and proposed home otherwise meet all Rural-43 zoning requirements. 
o Staff cannot identify a peculiar condition facing the property that is not shared by other 
hillside lots in the Rural-43 zoning district, that when presented with application of the 
ordinance requirements creates an undue physical hardship not self-created in the line of 
title that prevents reasonable development of the lot.  
o The presence of hillside slopes does not warrant relief from the ordinance’s hillside 
regulations. The ordinance allows for remediation of disturbed hillside slopes (contours 
and groundcover) with an engineered grading permit. 
 
16. 
And further, if the Board finds the applicant has satisfied the statutory test, and has stated its 
findings on the record, the grant of this variance will memorialize the following: 
 
a) 
Variance approval permits approximately 12,000 sq. ft. of hillside disturbed outside the 
principal building envelope on APN 202-20-400.  
 
 
Presented by: 
Joel Landis, Planner 
Reviewed by: 
Darren V. Gérard, AICP, Planning Manager  
 
Attachments: 
Case Map (1 page) 
 
Site Plan (2 pages) 
 
Supplemental Questionnaire (2pages) 
 
Opposition (2 pages)

/
Maricopa County Planning & Development - Phoenix, AZ
3
Gross Acres: 1 approx.
Generated June 25, 2026 10:12 AM
BA260041
Application Name:
Legal Description
Scott Kastelic Property
Applicant
Case Address
6N-3E-4
Scott J Kastelic
809 E CIRCLE MOUNTAIN RD NEW RIVER, AZ 85087
Applicant Phone/Email
Parcel Primary:202-20-400
( __) ___-____
NEW RIVER, AZ 85087
Map scale 1:728
Supervisor District No.
need my temporary housing /rv on disturbed land outside of building platform

432.95'
1988.15'
S60°10'08"E 264.08'
147.40'
N00°24'00"E 292.43'
55' ROW PER
DOC # 1995-0635105, MCR
N60°10'08"W 503.57'
S00°24'00"W 161.76'
N89°49'41"W 230.00'
(BASIS OF BEARINGS) S89°49'41"E  2651.10'
20'
DOUBLE BARREL
BOX CULVERT
116.68'
0°10'19.00"'
ATTIC ACCESS
A
A
45.46'
31.28'
126.27'
B
CIRCLE MOUNTAIN ROAD
³
³
AC
LEGEND
JOB #
DATE:
DRAWN:
REVISIONS
PPK
BY
EVEREST CONSULTING SERVICES, PC
CONSULTING ENGINEERS
7555 S. PARKCREST ST., GILBERT, AZ 85298
TEL: (623) 533-0334
Email: Everestconsult1@gmail.com
1
PPK
2
PPK
3
PPK
4
CHECKED:
SHEET TITLE
SHEET #
SCALE:
PPK
SHEET          OF
5/11/2026
1" = 20'
PPK
24-01
COVER SHEET &
NOTES
C1
1
VICINITY MAP
OWNER
DESIGNER
CIVIL ENGINEER
SITE ADDRESS
ZONING
DATE
OF SW 1/4 OF SW 1/4, SECTION 4, T-6N,
R-3E
APN
TOPOGRAPHIC  SURVEY
SITE
N. 7TH ST.
N. 12TH ST.
E. GAFFNEY RD.
N. 10TH ST.
E. CIRCLE
MOUNTAIN RD.
2
SITE, GRADING & DRAINAGE PLAN
FOR A CUSTOM HOME FOR SCOTT KASTELIC
PARCEL NO. 202-20-400
LOCATED WITHIN THE SW 1/4 OF THE SW 1/4  OF SECTION 4, TOWNSHIP 6 NORTH,
RANGE 3 EAST, OF THE GILA & SALT RIVER BASE & MERIDIAN, MARICOPA COUNTY,
ARIZONA.
MARICOPA COUNTY P&D RESIDENTIAL GENERAL NOTES AND
CONDITIONS
FINISHED FLOOR CERTIFICATION
DECLARATION OF RESPONSIBLE CHARGE
BASIS OF BEARINGS:
SITE BENCHMARK:
LEGAL DESCRIPTION: (FROM DOC. # 2023-0316132, M.C.R.)
BENCHMARK:
SITE DATA
SITE KEY MAP
FLOOD INSURANCE RATE MAP (FIRM) INFORMATION:
SITE EARTHWORK
(APPROXIMATE QUANTITIES)
SEPTIC SYSTEM NOTES
WATER SERVICE NOTE
GRADING & DRAINAGE PLAN FOR
A CUSTOM HOME FOR  SCOTT KASTELIC
PARCEL NO. 202-20-400
809 E. CIRCLE MOUNTAIN ROAD
NEW RIVER AZ 85087
XX'
SHEET INDEX
TRIBUTORY C-8
Q100=2280 CFS
EXISTING UN-PERMITTED STRUCTURES NOTE
CENTRAL AC SYSTEM NOTE
³
PREVIOUSLY DISTURBED
HILLSIDE AREA=9,793 SF
LIMIT OF PREVIOUSLY
DISTURBED AREA
AREA OF LOT THAT IS HILLSIDE =
52,232-20,814-2,897 = 28,521 SF
PREVIOUSLY DISTURBED
NON-HILLSIDE AREA=1,195 SF
PREVIOUSLY
DISTURBED HILL SIDE
AREA TO BE INCLUDED
IN THIS PERMIT

Q100=
7.5  CFS
JOB #
DATE:
DRAWN:
REVISIONS
PPK
BY
EVEREST CONSULTING SERVICES, PC
CONSULTING ENGINEERS
7555 S. PARKCREST ST., GILBERT, AZ 85298
TEL: (623) 533-0334
Email: Everestconsult1@gmail.com
1
PPK
2
PPK
3
PPK
4
CHECKED:
SHEET TITLE
SHEET #
SCALE:
PPK
SHEET          OF
5/11/2026
1" = 20'
PPK
24-01
SITE PLAN & GRADING
&  DRAINAGE  PLAN
C2
2
2
SECTION B-B
GRADING & DRAINAGE PLAN FOR
A CUSTOM HOME FOR  SCOTT KASTELIC
PARCEL NO. 202-20-400
809 E. CIRCLE MOUNTAIN ROAD
NEW RIVER AZ 85087
SITE PLAN &  GRADING & DRAINAGE PLAN
FOR A CUSTOM HOME FOR SCOTT KASTELIC
PARCEL NO. 202-20-400
CUT & FILL SLOPES EROSION PROTECTION NOTE:
40.00'
BSL
40.00'
BSL
BSL
2100
2105
2110
2115
2120
2125
2130
2135
2140
2145
2100
2105
2110
2115
2120
2125
2130
2135
2140
2145
2100
2105
2110
2115
2120
2125
2130
2135
2140
2145
2100
2105
2110
2115
2120
2125
2130
2135
2140
2145
FFE=2121.00
SECTION A-A
CIRCLE MTN. RD.
FFE=2121.00
FFE=2121.00
20.92
20.75
20.75
Q100= 3.63 CFS (SHEET FLOW)
103.55'
90.05'
BSL
30.00'
85.63'
109.98'
30.00'
RETAINING WALL NOTES:
58.88'
TRIBUTORY C-8
Q100=2280 CFS
Q100=
10 CFS
UN PERMITTED GRADING NOTES:
W=12.00'
L=41'
R6.00'
R6.00'
DRIVEWAY TURNOUT NOTES:
6' HIGH 8' LONG BAMBOO FENCE DETAIL
93.27'
6.64'
AC
UNIT
UN PERMITTED STRUCTURES NOTES:
LIMIT OF UN-PERMITTED
DISTURBNCE AREA TO BE
INCLUDED IN THIS PERMIT
LIMIT OF UNPERMITTED
DISTURBANCE AREA TO BE
INCLUDED IN THIS PERMIT
PREVIOUSLY
DISTURBED HILL SIDE
AREA TO BE INCLUDED
IN THIS PERMIT
432.95'
1988.15'
S60°10'08"E 264.08'
147.40'
N00°24'00"E 292.43'
55' ROW PER
DOC # 1995-0635105, MCR
N60°10'08"W 503.57'
S00°24'00"W 161.76'
N89°49'41"W 230.00'
(BASIS OF BEARINGS) S89°49'41"E  2651.10'
20'
DOUBLE BARREL
BOX CULVERT
116.68'
0°10'19.00"'
A
A
2124
2125
2123
2122
2121
2120
2126
2120
2119
2118
2117
2116
2115
2120
2118
2117
2116
2115
2119
2114
2113
2112
2127
2114
2115
2116
2117
2118
2119
2120.50
2120
20.75
2120.50
2120
19.50
19.67
19.83
45.46'
31.28'
126.27'
2122
25.7'
27.4'
2121
2122
B
B
CIRCLE MOUNTAIN ROAD
5.54'
20.76'
117.76'
³
³
20.00
AC
NOTE:
CONCRETE CANTILEVERED RETAINING WALL ALONG DRIVEWAY

Planning & Development Department 
301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 
P: 602.506.3301 
Variance Application 
Packet 12/1/23 
 
 
 
VARIANCE SUPPLEMENTAL QUESTIONNAIRE
ARS §11-816 B.2 
The Board of Adjustment may allow a variance from the terms of the ordinance when, owing to peculiar 
conditions, a strict interpretation would work an unnecessary hardship, if in granting such variance the 
general intent and purposes of the zoning ordinance will be preserved. 
1.
Please discuss and explain what is/are the peculiar condition(s) facing the property and include reference to the
Maricopa County Zoning Ordinance Regulation(s) or Development Standard(s) to be varied.  Explain the proposed 
use of the property with the variance request. Identify and explain all peculiar conditions on your property in regard
to the following areas: slope, narrowness, shallowness, irregular shape, location, washes, vegetation, and
easements, etc. Explain how enforcement of the Zoning Regulation(s) or Development Standard(s) would impose
a hardship on the property.
2.
Please explain the unnecessary hardship the Maricopa County Zoning Ordinance creates because of a peculiar
condition/the peculiar conditions on site. Please discuss and explain that the peculiar condition of the property is
not self-created in the line of title.
Parcel 200-20-400 contains natural hillside terrain and varying slope conditions that limit 
access and usable area within the parcel.  The lot is affected by topographic constraints 
typical of hillside properties in Maricopa County.  This property has a disturbed area of 
approximately 11,010 square feet.  This variance e request is to allow the existing 
disturbance to remain to support residential use consistent with the RU-43 zoning district.  
The intended use of the property is to build a single-family residential home, and the 
existing improvements are necessary to facilitate safe and practical access
The particular conditions of the property, including the existing disturbed area, are the current site 
conditions.  Strict enforcement of Maricopa County Zoning Ordinance regulations related to hillside 
disturbance and grading would impose a hardship by requiring removal and restoration of 
improvements that are necessary for access and reasonable use of the property.  Restoring the 
property to the original condition is impractical and would make the property very difficult to develop 
and prevent reasonable access and use of the property.
 
The hardship is directly related to the physical characteristics of the land including slope and terrain 
of the site conditions.  Strict application of the Zoning Ordinance for this property will cause a 
hardship by preventing reasonable use and access to the property and providing no public benefit.

Planning & Development Department 
301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 
P: 602.506.3301 
Variance Application 
Packet 12/1/23 
 
 
 
3.
Please discuss and explain how the granting of the requested variance would not cause a negative impact on
the general intent and purpose of the Zoning Ordinance.
*Additional sheets may be attached.
** DO NOT USE THIS FORM IF YOU ARE SUBMITTING AN INTERPRETATION 
The requested variance will not negatively impact the general intent and purpose of the 
zoning ordinance.  The requested variance does not propose any change to the land use,
 density, or zoning classification.  The property will be used for building a single-family 
home.  The variance will not negatively impact drainage, traffic or environmental 
conditions, and a grading and drainage permit will be obtained.

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Outlook
Re: BA260041 - Kastelic Property Variance - D3
From Joel Landis (PND) <Joel.Landis@maricopa.gov>
Date Thu 6/25/2026 3:38 PM
To
draythomp@gmail.com <draythomp@gmail.com>
Hello,
Thank you, I have received your opposition. The violation case is V202302616. 
Joel Landis
PLANNING & DEVELOPMENT
301. W Jefferson St. Phoenix, AZ 85003
Planner
O:   602-506-8358    
MARICOPA.GOV
Facebook | Instagram | Twitter | YouTube 
Please be aware there is rampant fraud attempts to solicit wire transfer payments based upon email addresses found in public records. Maricopa County will never ask for a wire transfer payment.
From: draythomp@gmail.com <draythomp@gmail.com>
Sent: Thursday, June 25, 2026 2:59 PM
To: Joel Landis (PND) <Joel.Landis@maricopa.gov>
Subject: RE: BA260041 - Kastelic Property Variance - D3
 
Joel,
I’m very familiar with this lot and some of the situation. This lot and RV is a total eyesore that has been there for quite some time. I also know the lady that filed
at least one complaint on the lot. Nowhere in this are any complaints mentioned. The RV has a fence around it with a lot of political signs which is somewhat
considered normal in this area, but being elevated up on the hillside, it is visible for a significant distance. I believe Donna did the validation on the violation.
Please look up the violation; the system won’t let me, or at least I can’t figure out how, and send it in a response to me.
Thus far I do object to the variance because I simply can’t trust him to actually pursue a solution. He usually has 4-5 vehicles parked there with the hoods up and
presents quite the view to the neighbors. He basically broke all the rules the rest of us try to abide by and has been flaunting it in our face for years. That simply
does not endear him to any of his neighbors or the hundreds of cars that pass by there each day.
 
David Thompson
623-882-5700
 
From: Joel Landis (PND) <Joel.Landis@maricopa.gov>
Sent: Thursday, June 25, 2026 10:12 AM
Subject: BA260041 - Kastelic Property Variance - D3
 
Hello,
 
This email is to inform you of a variance request in Maricopa County jurisdiction, BA260041, regarding the permitting of a residence at APN 202-20-
400.  As a party within the Area of Interest, this email is to inform you of this application. Files are uploaded on Permit Center under the
provided case number. Please let me know if you have any questions or comments on this proposal by email.
 
6/29/26, 10:45 AM
Drafts - Joel Landis (PND) - Outlook
https://outlook.cloud.microsoft/mail/id/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0A2H3oqvHd10GesD6HHtI4owAEuwQrtQAA?deeplink=ma…
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Joel Landis
PLANNING & DEVELOPMENT
301. W Jefferson St. Phoenix, AZ 85003
Planner
O:   602-506-8358    
MARICOPA.GOV
Facebook | Instagram | Twitter | YouTube 
 
Please be aware there is rampant fraud attempts to solicit wire transfer payments based upon email addresses found in public records. Maricopa County will never ask for a wire transfer payment.
 
 
 
6/29/26, 10:45 AM
Drafts - Joel Landis (PND) - Outlook
https://outlook.cloud.microsoft/mail/id/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0A2H3oqvHd10GesD6HHtI4owAEuwQrtQAA?deeplink=ma…
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