03.BA260071 BOA Report

Report to the Board of Adjustment
Prepared by the Maricopa County Planning and Development Department
Case: BA260071 – Hernandez Property
Hearing Date: October 15, 2026
Supervisor District: 3
____________________________________________________________________________________________
Applicant: Francisco Bobadilla, PE, P. Eng., CPESC
Property Owner: Yassel Hernandez
Request: Variance to the development standard of the Maricopa County Zoning
Ordinance to permit:
1) Proposed 438 sq ft of hillside disturbance outside the principal building
envelope where prohibited per MCZO Article 901.4.1.1
Site Location: APN 202-11-084G @ 47818 N, 27th Ave – 27th Ave. and Wolftrap Rd., in
the New River area
Site Size: 45,256 sq. ft.
Current Use / Zoning: Undeveloped / Rural-43
Open Violation: None
Background:
1. June 2019: Subject parcel created via lot split.
2. October 16, 2025: Current owner takes possession of the subject property.
3. June 8, 2026: Building permit BLDR2604472 submitted for a primary residence. Zoning clearance
not granted due to the proposed hillside disturbance outside the building envelope.
4. August 11, 2026: The subject variance is requested.
Existing On-Site and Surrounding Zoning/Land Use:
5. On-site: Rural-43 / Undeveloped
North: Rural-43 / Single-family residence
South: Rural-43 / Undeveloped
East: 27th Ave then Rural-43 / Undeveloped
West: Rural-43 / Undeveloped

Variance Request:
6. The applicant proposes to disturb up to 438 sq ft, (or 1% of the gross area of the lot) of hillside
slope outside the principal building envelope where prohibited by ordinance except when related
to the driveway and utility connection.
7. Approximately 37.4% of the lot contains hillside slopes. In total, all hillside disturbance for the lot
is 6,295, or 13.9% of the lot. The disturbance outside the buildable area is required to
accommodate the primary residence and the septic system in the proposed location that
minimally disturbs the rest of the hillside on the lot and preserves drainage conditions and
ultimate outflows at the southern horizontal end of the lot. The hillside disturbance is proposed
within the 20-foot north street-side setback and the 40’ west rear yard setback.
Proposed hillside disturbance outside the buildable area shown below highlighted
Page 2 of 9

Photographs of subject site looking south from the northern property line
Site Analysis:
8. The parcel, created via unregulated land division, lies south of New River Rd. in a low-density
residential area. Access is from New River Rd. along paved 27th Ave. to the property’s eastern
boundary. A 20’ unpaved ingress / egress easement is recorded on the adjacent parcel’s southern
property line, providing access to the subject site from the north. The site is characterized by
brush and rocky hillside slopes. The ultimate drainage outfall is at the southwest corner of the
property from 27th Ave to the east. The flow follows the southern property line.
Page 3 of 9

Aerial photo of subject site
Page 4 of 9

Aerial image & surrounding environs
Page 5 of 9

Zoning District map
Page 6 of 9

Hillside Development Standards:
9. The following table is included to illustrate and contrast the standards for hillside development
with those proposed by the owner (Note: changes to proposed standards are indicated in bold).
Standard Hillside Proposed with Percentage
Development Variance
Regulations
Area of lot that is hillside - 16,924 37.4%
Total Hillside Disturbance 75,000 sq ft 6,295 sq ft 13.91%
Disturbance of hillside slopes (except utility connections Prohibited 438 sq ft 1%
and driveways) outside the principal building envelope
Location of septic system outside principal building No No N/A
envelope
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.”
10. 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.
“This property is located within a hillside designation with a large amount of 15% slopes and
greater. This parcel was created via a lot split process. Normally, lot splits do not undergo the
subdivision process and most of the times, the lot splits do not take into account zoning
regulations, such as building setbacks, lot dimensions and hillside considerations. Additionally,
there is a future ROW reservation of 65' ROW for 27th Avenue on the east side of the property and
an existing wash along the southern property line. Due to these restrictions and the topography of
the land, retaining walls and grading outside the building envelope is inevitable. There is also an
onsite wastewater system disposal (septic system) that needs to be accommodated to serve the
residence. In order to comply with the Hillside Regulations of the Maricopa County Zoning
Ordinance (MCZO Section 901 and Article 901.2 and Article 901.4 and Article 901.5), a variance is
requested to allow for construction of retaining walls, cut/fill slopes and the construction of the
septic system outside the lot's buildable envelope. The proposed use of the property consists of a
single-family residential home, which is compatible with the zoning district RU-43 of the property“
11. 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.
Page 7 of 9

“Because of the topography of the land and the fact that this parcel was created via lot split, it did
not consider hillside regulations and future ROW reservation requirements; the existing wash
located along the southern property line creates additional challenges as well. Therefore,
constructing only within the buildable envelope is not feasible. Retaining walls and cut/fill slopes
are required due to the large amount of elevation difference within the land. Additionally, a septic
system must be constructed outside the buildable envelope; the future ROW reservation and the
existing wash create challenges to meet the required setbacks of the septic system.”
12. 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 does not impact adjacent residential properties, because the proposed
single-family home is compatible with the zoning district RU-43. The property will meet the required
building setbacks established by the zoning ordinance. All cut/fill slopes will be revegetated using
native seeds and plantings that will blend with the natural desert and mitigate erosion. Existing
drainage patterns will be preserved and engineered so that there are no drainage impacts to
adjacent neighbors.”
Findings:
13. 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.
14. 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:
 Hillside slopes cover approximately 37.4 % of the lot’s area. This is a physical condition
facing the property, but is not peculiar to the site in that all lots in the foothills of Daisy
Mountain face similar.
 However, the presence of significant wash and drainage conditions within the southern
region of the lot has the effect of pushing pragmatic development northwestward so that
Page 8 of 9

reasonable development of the property is squeezed outside the principal building
envelope.
15. 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 maximum 438 sq ft of hillside disturbance outside the
lot’s principal building envelope within the north street-side setback and west rear yard
setback.
Presented by: Daniel Johnson, Planner
Reviewed by: Darren V. Gérard, AICP, Planning Manager
Attachments: Case Map (1 page)
Application / Supplemental Questionnaire (3 pages)
Grading & Drainage Plan (3 pages)
Page 9 of 9

Application Name: 47818 N 27th Avenue, New River, AZ
Legal Description
Applicant Applicant Phone/Email
6029198647
Francisco Javier Bobadilla
BA260071
Case Address Parcel Primary:202-11-084G
47818 N 27TH AVE NEW RIVER, AZ 85087
NEW RIVER, AZ 85087
Generated September 23, 2026 5:07 PM Gross Acres: 1 approx. Map scale 1:658
Supervisor District No. 3
This property is located within a hillside designation with a large amount of 15% slopes and greater.This
parcel was created via a lot split process. Normally, lot split do not undergo the subdivision process and
/
Maricopa County Planning & Development - Phoenix, AZ

BA260071 RCVD 8/11/26

RESIDENTIAL VARIANCE SUPPLEMENTAL QUESTIONNAIRE
BA260071 RCVD 8/11/26
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.
This property is located within a hillside designation with a large amount of 15% slopes and greater.This parcel was created via a lot split
process. Normally, lot split do not undergo the subdivision process and most of the times, the lot splits do not take into account zoning
regulations, such as building setbacks, lot dimensions and hillside considerations. Additionally there is a future ROW reservation of 65'
ROW for 27th Avenue on the east side of the property and an existing wash along the southern property line. Due to these restrictions
and the topography of the land, retaining walls and grading outside the building envelope is inevitable. There is also an onsite wastewater
system disposal (septic system) that needs to be accommodated to serve the residence.
In order to comply with the Hillside Regulations of the Maricopa County Zoning Ordinance (MCZO Section 901 and Article 901.2 and
Article 901.4 and Article 901.5, a variance is requested to allow for construction of retaining walls, cut/fill slopes and the construction of the
septic system outside the the lot's buildable envelope. The proposed use of the property consist of a single family residential home, which
is compatible with the zoning district RU-43 of 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.
Because of the topography of the land and the fact that this parcel was created via lot split, it did not considered hillside regulations and
future ROW reservation requirements; the existing wash located along the southern property line creates additional challenges as well.
Therefore, constructing only within the buildable envelope is not feasible. Retaining walls and cut/fill slopes are required due to the large
amount of elevation difference within the land. Additionally, a septic system must be constructed outside the buildable envelope; the
future ROW reservation and the existing wash create challenges to meet the required setbacks of the septic system.
Planning & Development Department Residential Variance Application Packet
301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 12/2/24
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.
The requested variance do not impact adjacent residential properties, because the proposed single family home is compatible with the
zoning district RU-43. The property will meet the required building setbacks established by the zoning ordinance. All cut/fill slopes will
be revegetated using native seeds and planting that will blend with the natural desert and mitigate erosion. Existing drainage patterns
will be preserved and engineered so that there are no drainage impacts to adjacent neighbors.
*Additional sheets may be attached.
** DO NOT USE THIS FORM IF YOU ARE SUBMITTING AN INTERPRETATION
Planning & Development Department Residential Variance Application Packet
301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 6/17/24
P: 602.506.3301

ABBREVIATIONS LIST
NEW RESIDENCE
APN 202-11-084G
BA260071 RCVD 8/11/26
NORTH
APN 202-11-058B SITE
HART CAMPBELL LANE
RESIDENTIAL
W W W VICINITY MAP
JR
LONG LEGAL DESCRIPTION SITE ADDRESS 202-11-084G)
85087
DAVID
OWNER/APPLICANT
202-11-084C JOHN AVE
VACANT
OF FF:2100.80
APN PAD:2100.13 (APN ARIZONA
TRUST PLAN
27TH
FAMILY
ENGINEER'S INFORMATION N
SITE
LEGEND M RIVER,
RESIDENCE
47818
ROBERT/CYNTHIA
202-10-010
VACANT SURVEYOR NEW
APN
SCHULZ NEW
AVE
27TH
N
APN 202-11-084H 202-10-996N RON
FREDDI LLC VACANT RESIDENTIAL SITE INFORMATION
YENNEY
APN
EARTHWORK
CALCULATIONS
GENERAL NOTES
DECLARATION OF RESPONSIBLE CHARGE FEMA FLOOD ZONE
STANDARDS
WALL QUANTITIES DATE
BUILDING AREAS
SCALE
PROJECT BENCHMARK FILE NAME
PROJECT NO.
HILLSIDE TABLE
BASIS OF BEARING FINISH FLOOR CERTIFICATION f e s s i o n a l E
d P r o T I F I C A T n g i n
e r e E R E N e e r
i s t C FRANCISCO 43801 J. O . ( C C
RESTORATION NOTE g e R D a t BOBADILLA 0 2 6 . . . ) l i v i
REFERENCED DOCUMENTS SHEET INDEX A R e S i g n e d . 8 . / . 6 . .. . / 2 . . . A .
I Z O N A U . S .
EXPIRES: 3/31/2027
DRAWING NO.
C-1
SHEET

202-11-084G)
85087
AVE
ARIZONA
(APN
27TH
SECTIONS
N
(NG) 2095.22 (NG) 2093.71 (NG) 2089.31 (NG) 2086.38 (NG) 2089.37 (NG) 2090.71 (NG) 2092.84 (NG) 2095.03 (NG) 2097.49 (NG) 2099.95 (NG) 2102.05 (NG) 2109.93 (NG) (NG) (NG) 2096.30 (NG) 2094.92 (NG) 2090.54 (NG) 2087.81 (NG) 2089.24 (NG) 2090.92 (NG) 2091.90 (NG) 2092.86 (NG) 2094.89 (NG) 2097.60 (NG) 2099.91 (NG) 2102.25 (NG) 2111.03 (NG) (NG) RIVER,
RESIDENCE 47818
SECTION A-A SECTION B-B
NEW
NEW
AVE DRAWING NOTES
27TH
N
DATE
SCALE
FILE NAME
PROJECT NO.
(NG) 2098.10 (NG) 2098.14 (NG) 2099.79 (NG) 2100.60 (NG) 2100.68 (NG) 2100.44 (NG) 2101.19 (NG) 2103.73 (NG) 2106.62 (NG) 2107.06 (NG) 2110.14 (NG) 2111.59 (NG) 2112.25 (NG) 2115.34 (NG) 2116.96 (NG) 2119.34 (NG) 2124.02 (NG) (NG)
r o f e s s i o n a l E n
e d P R T I F I C A T E g i n e
SECTION C-C t e r C E 43801 N O e r
i g s FRANCISCO J. . ( C C i
e R D a t BOBADILLA 0 2 . 6 . . ) l vi
A R e S i g n e d . 8 . / . . 6 . . / . . 2 . . A .
I Z O N A U . S .
EXPIRES: 3/31/2027
DRAWING NO.
C-2
SHEET

MIN
AVE 34" 36" 202-11-084G)
85087
27TH
N
AVE
(APN ARIZONA
27TH
SECTIONS
N
(NG) 2094.99 (NG) 2096.40 (NG) 2097.03 (NG) 2097.71 (NG) 2097.75 (NG) 2097.76 (NG) 2098.34 (NG) 2100.00 (NG) 2100.80 (NG) 2101.43 (NG) 2105.26 (NG) 2105.92 (NG) 2109.15 (NG) 2110.78 (NG) 2111.76 (NG) 2116.23 (NG) 2121.72 (NG) (NG) (NG)
RIVER,
RESIDENCE
47818
3' HEIGHT VIEW FENCE DETAIL
SECTION D-D NTS
NEW
NEW
ANCHOR FENCE DETAIL TO RETAINING WALL
AVE
DRAWING NOTES
27TH
N
DATE
SCALE
FILE NAME
PROJECT NO.
P r o f e I s F s i I o C n a A l E n g i
(NG) 2089.19 (NG) 2093.30 (NG) 2094.18 (NG) 2094.10 (NG) 2094.06 (NG) 2094.03 (NG) 2094.64 (NG) 2096.11 (NG) 2097.60 (NG) 2097.93 (NG) 2100.18 (NG) 2102.74 (NG) 2105.19 (NG) 2106.53 (NG) 2107.65 (NG) 2114.28 (NG) 2119.16 (NG) (NG) (NG) e r e d C E R T 43801 T E N n e e r
i g s t FRANCISCO J. O . ( i C C
e R D a t e BOBADILLA 2 0 2 . 6 . . . ) l i v
A R I S i g n e d . 8 . / . 6 . .. . / . . . A .
SECTION E-E Z O N A U . S
EXPIRES: 3/31/2027
DRAWING NO.
C-3
SHEET