1. HO RPT Variance Appeal: 1921 S. 6th Avenue

STAFF REPORT TO THE HEARING OFFICER
DEPARTMENT OF COMMUNITY DEVELOPMENT
COMMUNITY PLANNING DIVISION
CASE TYPE – VARIANCE
Case Planner: Joshua Darrow
Hearing Date: May 28, 2026 Case Number: VAR-045199-2026
Project This is a request by Leonard and Ana Manos for a variance to increase
Description/Location: the allowable maximum size of a large accessory structure from 50
percent of the primary building to 94 percent of the primary building, to
increase the allowable maximum height of a large accessory structure
from the total height of the primary residence, 14 feet, to 18 feet, and
reduce the side yard setback from 5 feet to 3 feet for a large accessory
structure in the Low Density Residential (R-1-6) District for the property
located at 1921 S. 6th Avenue, Yuma, AZ.
Existing Zoning Use(s) on-site General Plan Designation
Site Low Density
Single-Family Residence Low Density Residential
Residential (R-1-6)
North Low Density
Single-Family Residence Low Density Residential
Residential (R-1-6)
South Low Density
Single-Family Residence Low Density Residential
Residential (R-1-6)
East Low Density
Single-Family Residence Low Density Residential
Residential (R-1-6)
West Low Density
Single-Family Residence Low Density Residential
Residential (R-1-6)
Location Map:
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Prior site actions: Annexation: Ordinance #449 (May 29, 1946), Subdivision: La Mesa Hermosa Unit
No. 3 (May 7, 1929), Pre-Development Meeting: October 28, 2025, Variance: VAR-045071-2026 (The
applicant canceled this Variance to increase the allowable size of an accessory structure and reduce
the side yard setback. The applicant reapplied with the addition of a request to increase the allowable
maximum height)
Staff recommendation: Staff recommends DENIAL of the request to increase the allowable
maximum size of a large accessory structure from 50 percent of the
primary building to 94 percent of the primary building, to increase the
allowable maximum height of a large accessory structure from the total
height of the primary residence, 14 feet, to 18 feet, and APPROVAL of
the request to reduce the side yard setback from 5 feet to 3 feet for a
large accessory structure in the Low Density Residential (R-1-6) District,
subject to the conditions outlined in Attachment A, because it meets the
criteria of §154-03.04 of the Yuma City Code.
Have there been any other variance requests of a similar nature in the vicinity and zoning district? Yes
Case # Nature of Variance Requested Staff Recommendation Hearing Officer
Action
VAR-34488-2021 to allow an accessory building DENIAL of the request to allow an APPROVED
to exceed 50% of the total accessory building to exceed 50%
square footage of the primary of the total square footage of the
residence and to reduce the primary residence and APPROVAL
minimum side street driveway of the request to reduce the
length of 20’ to 10’ minimum side street driveway length
Staff Analysis: The subject property is located within the La Mesa Hermosa Unit No. 3 Subdivision
along S. 6th Avenue. The Subdivision was subdivided on May 7, 1929. Currently
the property features an approximately 1,120 square foot single-family residence,
which was constructed in 1953. The parcel is approximately 7,460 square feet in
size. In addition, the subject property is zoned Low Density Residential (R-1-6)
District.
The applicant is requesting a variance to increase the allowable maximum size of
a large accessory structure from 50 percent of the primary building to 94 percent
of the primary building, to increase the allowable maximum height of a large
accessory structure from the total height of the primary residence, 14 feet, to 18
feet, and reduce the side yard setback from 5 feet to 3 feet to construct a new
detached garage. The proposed structure would be 1,056 square feet in size and
18 feet in height.
§154-15.15 – Accessory Buildings, Uses and Structures in Certain Residential
Districts:
Setback: The leading edge of such buildings, including overhangs, shall be
setback at least five (5) feet from side and rear property lines
Height: The maximum allowable building height shall be 25 feet or the
height of the principal building, whichever is less.
Compatibility: An accessory building or structure shall not exceed 50% of
the total square footage of the primary residence.
An existing garage, built before the adoption of the accessory structure code, is
located with a 3-foot setback from the southern property line. The proposed garage
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would replace the existing structure and maintain the same 3-foot setback. The
applicant intends to use the garage for storage of personal items and multiple
vehicles with no commercial aspect. According to the applicant, the height request
is to accommodate the required garage door clearance needed for the vehicles
intended to be stored. While the applicant has not altered the request, the applicant
has stated that the structure has the option of being a minimum of 14 feet 6 inches.
This would result in the structure being 6 inches taller than the maximum height of
the principal building. The applicant intends to remove the two aluminum awnings
on the property with the installation of the proposed garage.
The applicant previously applied for a Variance to increase the allowable maximum
size of a large accessory structure from 50 percent of the primary building (1,120
square feet) to 71 percent (880 square feet) of the primary building and reduce the
side yard setback from 5 feet to 3 feet. This request had an associated
Neighborhood Meeting with 3 neighbors in attendance. Two neighbors in this
meeting voiced similar concerns over the potential of a commercial aspect to the
structure. This Variance was canceled by the applicant to add the height element
requested here, as well as to increase the amount of allowable size requested.
1. Does the proposed variance meet the criteria of §154-03.04(D)(1) of the Yuma City Code?
A) “There is a special circumstance(s) or conditions(s) that applies to the property,
building, or use referred to in the application, that does not apply to most other
properties in the district.”
Is this statement correct for this application?
Yes No
Applicant Response: “The property sits in an area where the rainwater floods the existing
garage. Also, the front street ‘6th Ave’ setbacks do not allow for a garage at front of the home.”
Staff Analysis: After analyzing the subject property, it has been determined that a special
circumstance does not apply to the property that does apply to most other properties within
the district and surrounding residential development regarding the allowable size and height
of accessory structures. The subject property is located within the La Mesa Hermosa Unit
No. 3 Subdivision and the surrounding residences are similar in size and are required to
comply with the accessory structures code. The applicant could construct an approximately
560 square foot detached garage, which is similar to detached accessory structures within
the surrounding area.
The subject property features an existing accessory structure that maintains a 3-foot setback
from the southern property line. Several properties within the La Mesa Hermosa Unit No. 3
Subdivision feature accessory structures with reduced setbacks that were developed within
the legal limits of the time in which they were constructed. Maintaining this setback would be
consistent with the character of the neighborhood.
B) “The special circumstance was not created or caused by the property owner or
applicant.”
Is this statement correct for this application?
Yes No
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Applicant Response: “The existing garage sits below grade; this causes the existing garage
to flood with approximately 4 inches of water.”
Staff Analysis: Regarding the side yard setback, the special circumstance was not created
or caused by the property owner as the residence and surrounding neighborhood was
developed prior to the current owner’s purchase of the property. However, there is not a
special circumstance that applies to the property regarding increasing the height and square
footage of the proposed accessory structure.
C) “The granting of the variance is necessary for the preservation of substantial
property rights enjoyed by other property owners in the vicinity, under identical zoning
designations.”
Is this statement correct for this application?
Yes No
Applicant Response: “The existing garage setback were correct at the time of construction
for this property. The height is necessary to preserving personal property. Other properties
on the same street, on the same block, have been approved for similar setbacks, for
oversized steel garage building. Any restriction to this property would be the same as
restricting the property owners right to improve the land, improve the neighborhood, and
would also restrict the owner’s ability to add value to the land. Since other property owners
have built similar garages on the same block, any restriction on any other property to do the
same would be discrimination or singling out of single subject. The improvements to this
property have brought value and beautification to the entire block and neighborhood.”
Staff Analysis: The accessory structure mentioned above was subject to a Variance where
the structure was approved despite staff recommending denial. The applicant would be able
to maintain the setbacks similarly found in the neighborhood of the subject property.
D) “The granting of the variance will not be materially detrimental to any person residing
or working in the vicinity, to adjacent property, to the neighborhood, or to the public
health, safety, and general welfare.”
Is this statement correct for this application?
Yes No
Applicant Response: “The granting of the variances requested, would allow for the safe
storage and keeping of valuable assets such as a classic car, and other personal, valuable
belongings. Granting of the Variance would improve the property, improve land values for
the surrounding area, and boost the neighborhood aesthetic values.”
Staff Analysis: The granting of the variance will not be materially detrimental to any person
residing or working in the vicinity, to adjacent property, to the neighborhood, or to the public
health, safety, and general welfare.
2. Are any of the adjacent property owners opposed to this request? Yes
Public Comments Received:
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Name: Neighbor Contact Information:
Method of Phone X FAX Email Letter Other
Contact:
A neighbor contacted staff to express their concern with the size of the proposed structure and
height of the structure imposing the neighborhood. The neighbor voiced concerns over the potential
commercial use of the property by the property owner or by future owners of the property.
Additionally, the neighbor had concerns for the safety of the structure and surrounding
neighborhood from a fire and flooding perspective.
External Agency Comments: See Attachment C
Neighborhood Meeting See Attachment E
Comments:
Proposed conditions delivered to applicant on: 5/5/26
Final staff report delivered to applicant on:
X Applicant agreed with all of the conditions of approval on: 5/19/26
Applicant did not agree with the following conditions of approval:
Attachments
A B C D E
Conditions Agency Neighborhood Meeting
Site Plan Agency Comments
of Approval Notifications Comments
F G H I J
Neighbor
Neighbor Similar Variance Vicinity
Site Photos Notification Aerial Photo
Postcard Map
List
Prepared By: Joshua Darrow Date: 5/14/26
Joshua Darrow
Assistant Planner (928) 373-5000, x3039
Joshua.Darrow@YumaAz.gov
Approved By: Date: 05/21/2026
Alyssa Linville
Alyssa Linville
Director of Community Development
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ATTACHMENT A
CONDITIONS OF APPROVAL
The following conditions have been found to have a reasonable nexus and are roughly proportionate to
the impact of the proposed variance for the site:
Department of Planning and Neighborhood Services Comments: Alyssa Linville, Director (928)
373-5000, x 3037:
1. The conditions listed below are in addition to City codes, rules, fees and regulations that are
applicable to this action.
2. The Owner’s signature on the application for this land use action shall constitute a waiver of any
claims for diminution in value pursuant to A.R.S. § 12-1134.
Community Planning: Joshua Darrow, Assistant Planner, (928) 373-5000 x3039
3. The conditions listed above shall be completed within one (1) year of the effective date of the
approval of the Variance or prior to the issuance of a Building Permit, Certificate of Occupancy
or City of Yuma Business License for the property. In the event that the conditions are not
completed within this time frame, the Variance shall be null and void.
4. In any case where a Variance has not been used within one year after the granting thereof, it
shall be null and void.
5. Prior to the expiration date of the Variance, the applicant has the option to file for a one-year
time extension.
Any questions or comments regarding the Conditions of Approval as stated above should be
directed to the staff member who provided the comment. Name and phone numbers are
provided.
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ATTACHMENT B
SITE PLAN
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ATTACHMENT C
AGENCY NOTIFICATIONS
o Legal Ad Published: The Sun 05/08/26 o Neighborhood Meeting Date: 05/05/26
o 300’ Vicinity Mailing: 04/28/26 o Hearing Date: 05/28/26
o Site Posted on: 04/28/26 o Comments Due: 05/11/26
o 34 Commenting/Reviewing Agencies Noticed: 04/29/26
External List (Comments) Response Date “No Written Comments
Received Received Comment” Comments Attached
Yuma County Airport Authority NR
Yuma County Engineering NR
Yuma County Public Works NR
Yuma County Water Users’ Assoc. Yes 4/30/26 X
Yuma County Planning & Zoning NR
Yuma County Assessor NR
Arizona Public Service NR
Time Warner Cable NR
Southwest Gas NR
Qwest Communications NR
Bureau of Land Management NR
YUHS District #70 NR
Yuma Elem. School District #1 NR
Crane School District #13 NR
A.D.O.T. NR
Yuma Irrigation District NR
Arizona Game and Fish NR
United States Postal Service NR
Yuma Metropolitan Planning Org. NR
El Paso Natural Gas Co. NR
Western Area Power Administration Yes 4/30/26 X
City of Yuma Internal List Response Date “No Written Comments
(Conditions) Received Received Conditions” Conditions Attached
Police NR
Parks & Recreation NR
Development Engineering NR
Fire Yes 4/30/26 X
Building Safety Yes 4/29/26 X
City Engineer NR
Traffic Engineer NR
MCAS / C P & L Office NR
Utilities NR
Public Works NR
Streets NR
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ATTACHMENT D
AGENCY COMMENTS
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ATTACHMENT E
NEIGHBORHOOD MEETING COMMENTS
Date Held: 05/05/26 Location: 1921 S. 6th Ave
Attendees: Applicant: Leonard Manos; Staff: Joshua Darrow; Neighbor: Ken Doten
SUMMARY OF ATTENDEE(S’) COMMENTS RELATED TO THE PROJECT:
• The neighbor voiced concern over visibility with the structure being 18 feet tall.
• The applicant confirmed the size of the structure will be 1056 square feet.
• The applicant confirmed that the garage will have no commercial aspect.
• The neighbor asked why the applicant couldn’t find a bigger lot for this project, to
which the applicant explained that they would not want a bigger primary residence
than they currently have.
• The applicant said that the garage will increase surrounding property value, to which
the neighbor voiced concern over the safety and aesthetics of a garage that size.
• The neighbor asked about water retention and if the current design would flood into
the southern neighbor’s backyard, to which the applicant explained it would come out
into the front yard.
• The applicant explained the new access through the two proposed garage doors on
the property and from the alley.
• The neighbor explained their concern over the structure becoming a rental as seen
with other properties in the neighborhood.
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ATTACHMENT F
SITE PHOTOS
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ATTACHMENT G
NEIGHBOR NOTIFICATION LIST
Property Owner Mailing Address City/State/Zip Code
ABAD ANNA CHRISTY 1927 S 6TH AVE YUMA, AZ, 85364
ARTMAN RUFUS A JR & CAROL J 1994 460 ASTER ST LAGUNA BEACH, CA,
TRUST 6-29-1994 92651
BARRAGAN GONZALO 680 W 20TH ST YUMA, AZ, 85364
BRULLO DONNA K 1912 S 6TH AVE YUMA, AZ, 85364
BURNS STEVEN D AND ALEXIS L JT 10951 SORRENTO VALLEY RD STE 2C SAN DIEGO, CA, 92122
BURRELL THOMAS & SANDRA JT 665 W 20TH ST YUMA, AZ, 85364
CARDIEL JOSE R & MARIA A JT 495 W 20TH ST YUMA, AZ, 85364
CEDILLO THERESA 1928 S 5TH AVE YUMA, AZ, 85364
CLARK ROBERT L & KELLEY J JT 1920 S 6TH AVE YUMA, AZ, 85364
COOPER MARIE ELLEN TRUST 5-10-2016 1931 S FIFTH AVE YUMA, AZ, 85364
COOPER MARIE ELLEN TRUST 5-10-2016 1931 S FIFTH AVE YUMA, AZ, 85364
DOTEN DONALD BEDFORD TRUST 1-3-08 1927 S 7TH AVE YUMA, AZ, 85364
DOTEN KENNETH A 501 W 19TH ST YUMA, AZ, 85364
DOTEN KENNETH A 501 W 19TH ST YUMA, AZ, 85364
DOTEN KENNETH A 501 W 19TH ST YUMA, AZ, 85364
FELIX OCTAVIO CASTRO 1925 S 7TH AVE YUMA, AZ, 85364
FUENTES MIGUEL F 3650 S AVENUE C YUMA, AZ, 85365
GES INVESTMENTS LLC 141 S MADISON AVE STE 4 YUMA, AZ, 85364
GLASS GREGORY & FRANCES JT 1923 S 7TH AVE YUMA, AZ, 85364
HAPPY FACES DAY CARE LLC 1901 S 7TH AVE YUMA, AZ, 85364
LAUGHLIN JOSEPH PHILIP JR & 500 W 20TH ST YUMA, AZ, 85364
VERREE DAWN LAUGHLIN
MACADEAG JADE & 1929 S 7TH AVE YUMA, AZ, 85364
BRANDON BRYCE FONTANILLA
MANOS LEONARD L & ANA C 1858 S CALLE PRIMAVERA YUMA, AZ, 85365
MARQUEZ DIEGO HUMBERTO RODRIGUEZ & 575 W 20TH ST YUMA, AZ, 85364
DENISSE
MARTINEZ PADILLA MARTIN 1927 S 5TH AVE YUMA, AZ, 85364
MATOS EMILIA PO BOX 6199 YUMA, AZ, 85366
MCCAIN MISTY D & 14312 S AVE 5E YUMA, AZ, 85365
MEJIA MICHAEL J & JACLYN D JT 560 W 20TH ST YUMA, AZ, 85364
MUREK JOSEPH A & LETICIA L JT 17715 S AVENUE B SOMERTON, AZ, 85350
NELSON JARET A 1926 S 6TH AVE YUMA, AZ, 85364
OJ PROPERTIES LLC 1913 S 6TH AVE YUMA, AZ, 85364
OLAGUE CHANDRA LEANN 605 W 20TH ST YUMA, AZ, 85364
PAILLIOTET JOHN F & FLORA TRUST 7-3-2008 UNIT 3440 BOX 373 DPO, AA, 34020
PARAMO LEONEL E 2002 S 5TH AVE YUMA, AZ, 85364
PRUITT TRUST 11-15-2022 1906 S 6TH AVE YUMA, AZ, 85364
SINGH GURPINDER 1901 S 5TH AVENUE YUMA, AZ, 85364
SINGH RAJINDER & JUANA C JT 449 W 19TH ST YUMA, AZ, 85364
STURDIVANT MATTHEW D 1908 S 5TH AVE YUMA, AZ, 85364
THOMAS JACK BURRELL & MARY JANE JT 515 W 19TH ST YUMA, AZ, 85364
WHITE DAVID F & TAMRA J JT 1920 S 5TH AVE YUMA, AZ, 85364
ZEPEDA JORGE M & CONCEPTION TR 3-31-05 2460 W ARMADILLO ST TUCSON, AZ, 85713
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ATTACHMENT H
NEIGHBOR MAILING
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ATTACHMENT I
AERIAL PHOTO
Subject Property
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ATTACHMENT J
SIMILAR VARIANCE VICINITY MAP
Subject Property
Variance: VAR-34488-2021
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