1. HO RPT Variance: 1220 S. 8th Avenue

STAFF REPORT TO THE HEARING OFFICER
DEPARTMENT OF COMMUNITY DEVELOPMENT
COMMUNITY PLANNING DIVISION
CASE TYPE – VARIANCE
Case Planner: Zenia Fiveash
Hearing Date: OCTOBER 23, 2025 Case Number: VAR-44509-2025
Project This is a request by Whitey Wiles Construction on behalf of Raul & Esmeralda
Description/ Estrada for a variance to increase accessory structure height 4 feet 3 inches taller
Location: than the principal building of 11 feet 3 inches to allow the construction of a new
garage/workshop in the Low Density Residential/Infill Overlay (R-1-6/IO) District,
for the property located at 1220 S. 8th Avenue, Yuma, AZ
General Plan
Existing Zoning Use(s) on-site
Designation
Low Density Residential/
Site Single Family Residence Low Density Residential
Infill Overlay(R-1-6/IO)
Low Density Residential/
North Single Family Residence Low Density Residential
Infill Overlay(R-1-6/IO)
Low Density Residential/
South Single Family Residence Low Density Residential
Infill Overlay(R-1-6/IO)
Low Density Residential/
East Single Family Residence Low Density Residential
Infill Overlay(R-1-6/IO)
Low Density Residential/
West Single Family Residence Low Density Residential
Infill Overlay(R-1-6/IO)
Location Map:
VAR-44509-2025
October 23, 2025
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Prior site actions: Annexation: Ordinance 592, (August 22, 1953); Subdivision: White’s Addition
Subdivision (August 22, 1905); Pre-development meeting: PDM-44327 (July 10, 2025)
Staff recommendation: Staff recommend DENIAL of the request to increase accessory structure
height 4 feet 3 inches taller than the principal building of 11 feet 3 inches
to allow the construction of a new garage/workshop in the Low Density
Residential/Infill Overlay (R-1-6/IO) District. Although Staff is not
recommending approval of the request, if a variance is granted Staff
recommends that the variance be conditioned to include those conditions
listed in Attachment A.
Have there been any other variance requests of a similar nature in the vicinity and zoning district?
Yes
(If “YES”, attach vicinity map showing locations of those variances)
Case # Nature of Variance Requested Staff Recommendation ZBA/Hearing Officer Action
VAR-41741-2025 Increase Height & Reduce side Denial Approved
yard setback for ADU
VAR-31753-2020 Reduce front yard setback Approval Approved
Staff Analysis: The subject property, located at 1220 S. 8th Avenue, is within the White’s Addition
Subdivision and is zoned Low Density Residential/Infill Overlay (R-1-6/IO) District.
The setbacks for Low Density Residential/Infill Overlay (R-1-6/IO) District are as
follows: the front yard setback is 20 feet, the side yard setback is 5 feet, and the
rear yard setback is 10 feet. In addition, the Low Density Residential/Infill Overlay
(R-1-6/IO) District allows accessory structures, which are subject to the
development standards outlined in section § 154-15.15 of the zoning code.
The property is approximately 7,123 square feet in size and has an existing 1,775
square foot single-family residence, garage and porch. The existing residence on
the property is 11 feet 3 inches tall.
The applicant is requesting a variance to increase the allowable accessory
structure height. The applicant is proposing a new 16 foot 6 inch tall 870-square-
foot garage/workshop in the rear of the property, which will exceed the height of
the primary residence by 4 feet 3 inches. The neighborhood is a mix of single-story,
low pitch and flat roof line homes, typical for a midcentury modern style built around
1955.
After analyzing the subject property, it has been determined that a special
circumstance does not apply to the property that does not apply to most other
properties within the district and surrounding residential development in regard to
allowable accessory structures, size, layout, or shape of the property. The
maximum allowable building height for accessory structures on this property is the
height of the principal building. In addition, accessory structures are required to be
designed with a logical hierarchy of masses regarding height, size, and volume;
and use construction materials and colors that are contextually appropriate and
compatible with the principal building and surrounding neighborhood. The new 16
foot 6 inch tall accessory structure would not be in character with the existing
residential structure on the property.
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October 23, 2025
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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: “There are not special circumstances that apply to the property,
but the building's eave height is the concern for the use of the building for the property
owner, which could apply to other properties in the district”.
Staff Analysis: There is no special circumstance or condition that applies to the property that
does not apply to most other properties in this district. After researching the property, staff
was unable to identify a special circumstance that relates to the size, shape or layout of the
property which satisfies the need to recommend approval for this variance request. The
maximum allowable building height for accessory structures on this property is the height of
the principal building. In addition, accessory structures are required to be designed with a
logical hierarchy of masses regarding height, size, and volume; and use construction
materials and colors that are contextually appropriate and compatible with the principal
building and surrounding neighborhood. The new 16 foot 6 inch tall accessory structure
would not be in character with the existing residential structure on the property and does not
meet the accessory structures development standards for this zoning district.
B) “The special circumstance was not created or caused by the property owner or
applicant.”
Is this statement correct for this application?
Yes No
Applicant Response: “The circumstances describe above is not and was not created by the
owner or applicant”.
Staff Analysis: As indicated in the staff analysis and by the applicant, there is no special
circumstance that relates to this property, building, or use that does not apply to most other
properties in the district. This is a new 16 foot 6 inch tall garage/workshop proposed by the
property owner. The property owner has an alternative solution in the form of making the
garage/workshop the same height as the home at 11 feet 3 inches.
The placement of the proposed accessory structure is behind the existing garage along the
southern boundary of the property. The garage is lower in height than the peak of the primary
building at 11 feet 3 inches, which will make the proposed accessory structure seem much
taller than the primary building height and make it the primary focus of the property, not an
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?
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October 23, 2025
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Yes No
Applicant Response: “The granting of this variance will not affect the property rights
enjoyed by other property owners in the vicinity and should not affect property values to the
surrounding property owners. List of properties that have high structures in this general
area:
1213 S. 8th Avenue
1305 S. 8th Avenue
1234 S. 7th Avenue
1302 S. 9th Avenue”
Staff Analysis: The granting of the variance is not necessary for the preservation of
substantial property rights enjoyed by other property owners in the vicinity, under identical
zoning designations. The accessory structures code was adopted in 2014 and recently
updated in 2025. The accessory structures on the properties identified by the applicant were
constructed without building permits or prior to the adoption of the accessory structures code.
In addition, the structure located at 1305 S. 8th Avenue is an accessory dwelling unit and a
variance was granted to increase the allowable height of the new accessory dwelling unit.
Attachment H identifies four neighboring properties with accessory structures including two
with approved variances 1311 and 1305 S. 8th Avenue.
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 variance will not be detrimental to any
persons residing or working in the vicinity to the adjacent property, neighborhood, or the
health, safety and general welfare of the surrounding properties.”
Staff Analysis: The granting of this variance will not be materially detrimental to the
neighbors and general public traveling near this property. The proposed garage/workshop
will meet the required setbacks and lot coverage requirements for the Low Density
Residential/Infill Overlay (R-1-6/IO) District.
2. Are any of the adjacent property owners opposed to this request? No.
External Agency Comments: None
Neighborhood Meeting Comments: Attachment D
Proposed conditions delivered to applicant on: October 3, 2025
Final staff report delivered to applicant on: October 13, 2025
X Applicant agreed with all of the conditions of approval on: October 3, 2025
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October 23, 2025
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Attachments
A B C D E
Conditions Neighborhood
Site Plan Agency Notifications Site Photo
of Approval Meeting Comments
F G H I J
Neighbor Notification Neighboring Property Neighboring Variance
Neighbor Postcard Aerial Photo
List Photos Cases
Prepared By: Zenia Fiveash Date: 10/13/25
Zenia Fiveash
Assistant Planner (928) 373-5000, x3040
Zenia.Fiveash@YumaAZ.gov
Approved By: Jennifer L. Albers Date: 10/9/25
Jennifer L. Albers
Assistant Director of Planning
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October 23, 2025
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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: Zenia Fiveash, Assistant Planner, (928) 373-5000 x3040
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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October 23, 2025
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ATTACHMENT B
SITE PLAN
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October 23, 2025
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ATTACHMENT C
AGENCY NOTIFICATIONS
o Legal Ad Published: The Sun 10/03/25 o Neighborhood Meeting Date: 10/01/25
o 300’ Vicinity Mailing: 9/24/25 o Hearing Date: 10/23/25
o Site Posted on: 9/24/25 o Comments Due: 10/06/25
o 34 Commenting/Reviewing Agencies Noticed: 10/06/25
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 9/24/25 X
Yuma County Planning & Zoning YES 9/24/25 X
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 9/24/25 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 9/25/25 X
Building Safety NR
City Engineer NR
Traffic Engineer NR
MCAS / C P & L Office YES 9/25/25 X
Utilities NR
Public Works NR
Streets NR
VAR-44509-2025
October 23, 2025
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ATTACHMENT D
NEIGHBORHOOD MEETING COMMENTS
Attendees:
Neighbor: None
Applicant: Bob Wiley, Raul Estrada, & Esmerelda Estada
Staff: Zenia Fiveash
Summary of Attendee(s’) Comments Related to the Project:
• Applicant wants to get variance approval.
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ATTACHMENT E
SITE PHOTOS
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ATTACHMENT F
NEIGHBOR NOTIFICATION LIST
Property Owner Mailing Address City/State/Zip Code
ANAYA RUBEN & 1237 S 8TH AVE YUMA AZ 85364
ANGUIANO JORGE L 1946 W 13TH LANE YUMA AZ 85364
BACA ALICE 1210 S 9TH AVE YUMA AZ 85364
BENITEZ ESTHER U 1288 S 7TH AVE YUMA AZ 85364
BRIDGEMAN MICHAEL S 1220 S 9TH AVE YUMA AZ 85364
CABRERA DAVID AND 1205 S 8TH AVE YUMA AZ 85364
CABRERA RUDOLF V & MAGDALENA B 1221 S 9TH AVE YUMA AZ 85366
CANO STEVEN O III & GUIADALUPE TRUST 12- 996 W 35TH ST YUMA AZ 85365
2-14
CHAVEZ JOSUE JESUS 1246 S 7TH AVE YUMA AZ 85364
CHAVIRA MAYRA N 1220 S 7TH AVE YUMA AZ 85364
COMSTOCK TRUST 1-2-2024 1216 S 9TH AVE YUMA AZ 85364
DELGADO THOMAS & ROSIE JT 1230 S 9TH AVE YUMA AZ 85364
ESTRADA RAUL L & ESMERALDA TRUST 1-29- 1224 S 8TH AVE YUMA AZ 85364
2013
FARIS PATRICIA A 1300 S 8TH AVE YUMA AZ 85364
FLEISHER MARTIN 5750 W 8TH ST YUMA AZ 85364
FREEMAN DEBORAH 558 SKYVIEW ST EL CAJON CA 92020
GARCIA DAVID J IV & CRYSTAL R PO BOX 1797 YUMA AZ 85366
GHIOTTO 2010 FAMILY TRUST 6-8-10 39167 LOS GATOS DR MURRIETA CA 92563
GONZALEZ ERIKA GUADALUPE 1204 S 8TH AVE YUMA AZ 85364
JOBE DONALD W 1238 S 9TH AVE YUMA AZ 85364
JUAREZ ODETTE ELIANNA 1232 S 7TH AVE YUMA AZ 85364
LECHUGA JOSEPH G 1240 S 8TH AVENUE YUMA AZ 85364
LEIBLY JERRY 1301 S 9TH AVE YUMA AZ 85364
LOPEZ HECTOR O & ALMA Y 799 W 13TH ST YUMA AZ 85364
MACAZAN EDUARDO A & YOLANDA E JT 1270 S 7TH AVE YUMA AZ 85364
MARTIN JAMES ALLEN 2666 S LA CRUZ AVE YUMA AZ 85365
MASSARO JAMES 1214 S 9TH AVE YUMA AZ 85364
MEDINA MARIA D 1232 S 9TH AVE YUMA AZ 85364
MILLS SHERYL E 1228 S 7TH AVE YUMA AZ 85364
MORENO ELENA 1211 S 9TH AVE YUMA AZ 85364
NGUYEN LOC HOANG 2014 TRUST 1376 S HETTEMA ST YUMA AZ 85364
ORDAZ ALEJANDRA 1205 S 9TH AVE YUMA AZ 85364
SAGUARO FOUNDATION COMMUNITY LIVING PO BOX 5869 YUMA AZ 85366
PROGRAM AZ CORP
SALGADO ROBERT 790 W 13TH ST YUMA AZ 85364
SCHUMAN PERRY L & BETTY J TRUST 9-25-86 1229 S 8TH AVE YUMA AZ 85364
SOTO SALVADOR & MAYTE G 1934 S 7TH AVE YUMA AZ 85364
SPAIN DOROTHY J 890 W 13TH ST YUMA AZ 85364
SPRINGER ROYEN V & MEGAN E JT 9681 E 38TH ST YUMA AZ 85365
STEWART MARK H & SHIRLEY A TRUST 2-19- 1312 S 7TH AVE YUMA AZ 85364
2013
VERDIN SUZANNA 1217 S 8TH AVE YUMA AZ 85364
VILLA MARCO A JR 1213 S 8TH AVENUE YUMA AZ 85364
WALLIS JAMES A & DARLENE 1231 S 9TH AVE YUMA AZ 85364
WILCOX KRISTIE 1216 S 8TH AVE YUMA AZ 85364
WILLIAMS KENNY LIVING TRUST 10-9-2017 12188 E 36TH ST YUMA AZ 85367
YABO DAMON & CHRISTY JT 1484 S 8TH AVE YUMA AZ 85364
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ATTACHMENT G
NEIGHBOR MAILING
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ATTACHMENT H
NEIGHBORING PROPERTY PHOTOS
1311 S. 8th Avenue (VAR-31573-2020)
1305 S. 8th Avenue (VAR-41741-2024)
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1302 S. 9th Avenue (Not permitted)
1100 S. 8th Avenue (Not permitted)
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ATTACHMENT I
NEIGHBORING VARIANCE CASES
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ATTACHMENT J
AERIAL PHOTO
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