02.BA260067 BOA Staff Report
Extracted text (via pymupdf)
18544 characters
Report to the Board of Adjustment Prepared by the Maricopa County Planning and Development Department Case: BA260067 – King Property Variance Hearing Date: September 17, 2026 Supervisor District: 4 ____________________________________________________________________________________________ Applicant: Spencer Ellingson, P.E., Site Engineers LLC Property Owner: Brad King Request: Variance to the development standard of the Maricopa County Zoning Ordinance to permit: 1) A proposed 16’ front setback where 40’ is the minimum permitted Site Location: 19236 W Audrey Ln, Surprise, AZ 85387 (APN 503-78-966), approximately 1 mile north of W Jomax Rd in the Surprise area Site Size: Approx. 1.67 acres (72,960 sq. ft.) Current Use / Zoning: Existing single-family residence / Rural-43 Open Violation: N/A Background: 1. January 22, 2026: The owner acquires the property via MCR20260072029. 2. January 30, 2026: Permit BLDR2506971 is finalled for an existing single-family residence at a 40’ front setback with the ingress/egress easement at the south of the property ending at the driveway of the subject property. This shortens the front setback north of the easement itself but the easements ends prior to the homesite and proposed garage. 3. August 17, 2026: Application for the subject variance proposing a detached garage at a proposed 16’ front setback. Page 2 of 6 Existing On-Site and Surrounding Zoning/Land Use: 4. On-site: Rural-43 – Existing single-family residence North: Rural-43 – Vacant South: Rural-43 – Vacant East: Rural-43 – Vacant West: Rural-43 – Single-family residence Variance Request: 5. The primary constraint on this property is the FEMA Flood Zone AE designation across the northern and eastern portions of the parcel, which limits the buildable area available for a detached garage. Arguably the floodplain pushes site development southwestward and closer to the street at front of the lot. The applicant proposes to reduce the required front yard setback from 40 feet to 16 feet to site the garage outside the flood zone. Excerpt from proposed site plan facing north Site Analysis: 6. The subject property is a 1.67-acre parcel located at 19236 W Audrey Ln in the Surprise area. The parcel is developed with an existing single-family residence. The south property line is encumbered by a recorded 16-foot private ingress/egress and public utility easement (MCR 20250479252), and the eastern and northern portions of the parcel are within FEMA Flood Zone AE. Aerial of the site with the existing flood map shown. Page 3 of 6 Aerial image & surrounding environs Zoning District map Page 4 of 6 Zoning District Standard: 7. 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 Min. Front Yard Setback (residence to south property line) 40-feet 16-feet Note: Standards indicated in bold do not meet base zoning standards 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.” 8. 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 5 of 6 "The subject property (APN 503-78-966) is located at 19236 W Audrey Ln, Surprise, AZ 85387 in unincorporated Maricopa County. The peculiar condition on this property is the existence of a recorded private ingress/egress and public utility easement (Audrey Lane, 16' wide, MCR 20250479252) that runs along and extends 20 ft into the southern boundary of the property. Per Maricopa County Zoning Ordinance, because this private access easement is only 16 ft wide, the southern boundary is designated as the 'front' of the property, imposing a 40-foot front yard setback requirement (MCZO Chapter 2 / applicable residential district standards). The existing single-family home on the property has already been constructed and is located outside the 40-foot front yard setback area and outside of the 30 ft side yard. In addition, the eastern portion of the parcel is located within FEMA Flood Zone AE, which further constrains the buildable area of the lot and limits the options available to the property owner for placing structures in compliance with setback requirements. The combination of the flood zone, the easement-defined front yard, and the existing construction creates an irregular and constrained condition unique to this parcel. Strict enforcement of the 40-foot front yard setback standard, along with the Flood Zone AE limit the owner's ability to build a detached garage, which constitutes an unnecessary hardship on the property owner." 9. 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 unnecessary hardship is created by the pre-existing private access easement (Audrey Lane, MCR 20250479252) that was recorded prior to the current ownership of the property. This easement is not self-created by the current property owner; rather, it is an existing encumbrance in the chain of title that was established by a prior recorded instrument. The easement's extension along and into the southern property line triggers the County's designation of the south boundary as the 'front' yard under MCZO standards, thereby imposing a 40-foot setback that the existing home cannot satisfy. Because the hardship arises from the configuration of a pre-existing recorded easement and the placement of the existing home, and the Flood Zone — not from any voluntary act by the current owner — the peculiar condition is not self-created. The property owner purchased the parcel subject to this easement, and the resulting front yard setback conflict was inherent in the land at the time of purchase." 10. 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. "Granting a variance to reduce the front yard setback from 40 feet to 16 feet would not cause a negative impact on the general intent and purpose of the Maricopa County Zoning Ordinance. The intent of front yard setback requirements is to maintain adequate separation between structures and rights-of-way, preserve sight lines, and protect the character of residential neighborhoods. The proposed 16-foot setback still achieves these objectives while accommodating the peculiar easement and flood zone conditions on this lot. The Audrey Lane access easement itself is a private road — not a public right-of-way — and the reduced setback does not compromise public safety or access. Neighboring properties and the general character of the area would not be adversely Page 6 of 6 affected, as the existing house footprint and site layout will remain unchanged. The variance is the minimum relief necessary to allow the property to be used in a manner consistent with its residential purpose." Findings: 11. 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 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. 12. Based upon what the applicant has submitted and the staff analysis in this report, staff offers the following observations the Board may consider in its findings: • The floodplain in of itself is not necessarily a peculiar condition. Several surrounding lots are also subject to floodplain. It is possible for structures to be built within the floodplain. • However, the eastern and northern portions of the lot are subject to floodplain and it is pragmatic to push site development toward the southwestern portion of the lot. • The property is already developed with a single-family residence. The garage can be sited closer to the residence, or attached to the residence, and remain out of the floodplain, albeit at potentially a lesser size. 13. 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 establishes a 16-foot minimum front (south) setback line for APN 503- 78-966. Presented by: Joel Landis, Planner Reviewed by: Darren V. Gérard, AICP, Planning Manager Attachments: Case Map (1 page) Site Plan (1 page) Application / Supplemental Questionnaire (2 pages) / Maricopa County Planning & Development - Phoenix, AZ 4 Gross Acres: 2 approx. Generated August 26, 2026 3:48 PM BA260067 Application Name: Legal Description BRAND KING VARIANCE ACCESSORY. Applicant Case Address Spencer John Ellingson 19236 W AUDREY LN SURPRISE, AZ 85387 Applicant Phone/Email Parcel Primary:503-78-966 (480) 489-4450 SURPRISE, AZ 85387 Map scale 1:818 Supervisor District No. VARIANCE FOR A REDUCTION OF SETBACKS FOR AN ACCESSORY STRUCTURE. BB AA ’ ’ ‐ - ‐ - - - - - - - - LEGEND VICINITY MAP SITE 16.00' I.E.E. & P.U.E. MCR 20250479252 EX. 16.00' I.E.E. & P.U.E. 8.00' P.U.E. MCR 20250479252 4.00' P.W.L.E. MCR 20250479252 MCR 20250479252 T.B.M. EL.=1440.56 1763 E EVERGREEN ST MESA, ARIZONA 85203 TEL:480-489-4450 EMAIL: Spencer@theSiteEngineers.com new garage in here, a 30'x50' shop 16 ft off S PL 30 ft east of the house 16 ft driveway around the shop door on west side APN: 503-78-966 19236 W AUDREY LN SURPRISE 85387 per permit #BLDR2506971 Planning & Development Department 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 P: 602.506.3301 Residential Variance Application Packet 12/2/24 RESIDENTIAL 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. The subject property (APN 503-78-966) is located at 19236 W Audrey Ln, Surprise, AZ 85387 in unincorporated Maricopa County. The peculiar condition on this property is the existence of a recorded private ingress/egress and public utility easement (Audrey Lane, 16' wide, MCR 20250479252) that runs along and extends 20 ft into the southern boundary of the property. Per Maricopa County Zoning Ordinance, because this private access easement is only 16 ft wide, the southern boundary is designated as the 'front' of the property, imposing a 40- foot front yard setback requirement (MCZO Chapter 2 / applicable residential district standards). The existing single-family home on the property has already been constructed and is located outside the 40-foot front yard setback area and outside of the 30 ft side yard. In addition, the eastern portion of the parcel is located within FEMA Flood Zone AE, which further constrains the buildable area of the lot and limits the options available to the property owner for placing structures in compliance with setback requirements. The combination of the flood zone, the easement-defined front yard, and the existing construction creates an irregular and constrained condition unique to this parcel. Strict enforcement of the 40-foot front yard setback standard, along with the Flood Zone AE limit the owner's ability to build a detached garage, which constitutes an unnecessary hardship on the property owner. The unnecessary hardship is created by the pre-existing private access easement (Audrey Lane, MCR 20250479252) that was recorded prior to the current ownership of the property. This easement is not self-created by the current property owner; rather, it is an existing encumbrance in the chain of title that was established by a prior recorded instrument. The easement's extension along and into the southern property line triggers the County's designation of the south boundary as the 'front' yard under MCZO standards, thereby imposing a 40-foot setback that the existing home cannot satisfy. Because the hardship arises from the configuration of a pre-existing recorded easement and the placement of the existing home, and the Flood Zone — not from any voluntary act by the current owner — the peculiar condition is not self-created. The property owner purchased the parcel subject to this easement, and the resulting front yard setback conflict was inherent in the land at the time of purchase. The Maricopa County Zoning Ordinance's strict application of the 40-foot setback to this property, given its unique easement configuration and flood zone constraints, works an unnecessary hardship that is disproportionate to the intended purpose of the setback standard. Not allowing for the construction of a detached garage. Planning & Development Department 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 P: 602.506.3301 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 Residential Variance Application Packet 6/17/24 Granting a variance to reduce the front yard setback from 40 feet to 16 feet would not cause a negative impact on the general intent and purpose of the Maricopa County Zoning Ordinance. The intent of front yard setback requirements is to maintain adequate separation between structures and rights-of-way, preserve sight lines, and protect the character of residential neighborhoods. The proposed 16-foot setback still achieves these objectives while accommodating the peculiar easement and flood zone conditions on this lot. The proposed setback represents a 24-foot reduction from the required 40-foot standard, matching the location shown on the stamped grading and drainage site plan. The Audrey Lane access easement itself is a private road — not a public right-of-way — and the reduced setback does not compromise public safety or access. Neighboring properties and the general character of the area would not be adversely affected, as the existing house footprint and site layout will remain unchanged. The variance is the minimum relief necessary to allow the property to be used in a manner consistent with its residential purpose. For these reasons, approval of the requested variance is consistent with the intent and purpose of the Zoning Ordinance. Granting of the variance would allow for the construction of a detached garage outside of the most severe influence of the flood way.