BA60069 Handout Memo

DATE: September 17, 2026
TO: Board of Adjustment
From: Nick Schlimm, Planner
SUBJECT: BA260069 – Kubacki Property
Agenda Item: 4
Since the publication of the staff report for the above-referenced case, staff received one item of
opposition from the owner of the property immediately north of the property subject to this case.
Though the two properties are neighbors, they are separated by the ingress/egress easement
corresponding with Happy Rd., which provides through access to the MCDOT roadway network
for residents in the neighborhood.
The neighbor acknowledges the subject property owner’s proposal to build a secondary structure
within 5’ of an existing brick wall and argues that such construction raises concerns regarding
drainage and flooding. Per the neighbor, the area already experiences significant flooding and
drainage issues, and by building a detached garage at a reduced setback, the owner risks
exacerbating the problem to the detriment of surrounding properties. For these reasons, the
neighbor requests that an alternative location or increased setback be considered for the owner’s
proposed garage to avoid further exacerbating water-related damage. The neighbor included
photographs of flooding conditions along Happy Rd., looking south from his property toward the
subject property owner’s north-facing wall. These are included in the attachments to this memo.
Attachments: Letter of Opposition and Photographs (4 pages)

9/11/26, 4:34 PM Request Details - PICL
Inquiry #: 133893 Status: Assigned
Request Date: 9/10/2026 8:13:06 AM
Inquiry Type: Zoning Plan Review
Customer: Craig Ruszkowski
Address: 18934 E Happy Rd , Queen Creek, AZ, 85142
Contact Via: Phone
Email: craigruszkowski@gmail.com
Phone: +1 (480) 601-2623
Description: Constructing a secondary structure within 5 feet of the existing brick wall raises significant concerns regarding
drainage and water intrusion. The area already experiences significant flooding and drainage issues in its current, unobstructed
state, and introducing a structure into this tight clearance would only compound the problem. Brick masonry is porous and relies
on adequate clearance for proper drying and runoff; restricting this space further compromises the wall's ability to shed water
effectively, increasing the risk of moisture accumulation, efflorescence, and long-term structural deterioration. Additionally, the
reduced setback would likely disrupt existing grading and surface drainage patterns, redirecting water toward the foundation
rather than away from it, which raises the potential for worsened flooding during heavy rainfall. Building codes and standard
construction practices typically recommend a minimum clearance of several feet from load-bearing masonry walls specifically to
preserve drainage pathways, allow for maintenance access, and prevent water from pooling against the foundation. Given the pre-
existing drainage challenges in this area, siting the proposed structure so close to the brick wall is not advisable, and an
alternative location or increased setback should be considered to avoid further exacerbating water-related damage.
Loc. Address: 26417 s. 189th way queen creek Az 85142
Loc. X-Streets: Grapefruit and happy rd
Board of Supervisors:
Related By:
Permit Number:
Parcel Number: 304-89-064X
Edit Customer
Entered By: Web Inquiry - 9/10/2026 8:13:06 AM
Division: Planning
Assigned To: Nicholas Schlimm - 9/10/2026 5:06:24 PM
Subject: Land Use Planning and Zoning Applications
Associated Files:
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