03. Z2015024 BOS SHORT REPORT.PDF

Maricopa County — Formal (2015-10-21)

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Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date: October 21, 2015 (Continued from October 7, 2015)
Case #/Title: Z2015024 – Tiensvold Special Use Permit
Supervisor District: 3
Applicant/Owner: Gary Swinford/Cecilia Tiensvold
Request: Special Use Permit (SUP) for a Cottage Industry. Unanimous
vote required for SUP approval due to waiver of screening
requirement.
Site Location: Approximately 675’ north of the NEC of Pinnacle Vista Dr.
and 44th St. in the Phoenix area
Site Size: 0.61 acre of 2.44 acres
County Island Status: Class 1 (City of Phoenix)
Additional
Comments: On 10/7/15 the BOS voted 4-0 to continue the case to the
10/21/15 hearing since approval requires a unanimous vote
by all Board members.
Commission
Recommendation: On 9/10/15, the Commission voted 6-0 to recommend
approval of Z2015024 subject to conditions ‘a’ – ‘i’:
a. Development of the site shall comply with the Site Plan entitled “Tiensvold
Special Use Permit”, consisting of one (1) full-size sheet, dated June 18, 2015, and
stamped received July 20, 2015 except as modified by the following conditions.
Maximum building square footage associated with this Cottage Industry and
within the SUP area is limited to 800 square feet.
b. Development of the site shall be in conformance with the narrative report
entitled “Narrative Report” consisting of two (2) pages, dated July 10, 2015, and
stamped received July 20, 2015, except as modified by the following conditions.
c. Amendments to the site plan and narrative report shall be processed as a
revised application in accordance with Maricopa County Zoning Ordinance
Article 304.9.
d. The applicant/property owner shall submit a ‘will serve’ letter from Rural Metro for
fire protection services for the site.
October 7, 2015
Z2015024
Page 1 of 2

e. This Special Use Permit shall expire 10 years from the date of approval by the
Board of Supervisors for a period of 90 or more consecutive days, or upon
termination of the use, whichever occurs first. All of the site improvements shall
be removed within 60 days of such termination or expiration.
f. The applicant/owner shall submit a written report outlining the status of the
development at the end of 5 years from the date of approval by the Board of
Supervisors. The status report shall be reviewed by staff to determine whether the
Special Use Permit remains in compliance with the approved conditions.
g. Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this Special Use Permit as set forth in the Maricopa
County Zoning Ordinance.
h. The granting of this change in use of the property has been at the request of the
applicant, with the consent of the landowner. The granting of this approval
allows the property to enjoy uses in excess of those permitted by the zoning
existing on the date of application, subject to conditions. In the event of the
failure to comply with any condition, and at the time of expiration of the Special
Use Permit, the property shall revert to the zoning that existed on the date of
application. It is, therefore, stipulated and agreed that either revocation due to
the failure to comply with any conditions, or the expiration of the Special Use
Permit, does not reduce any rights that existed on the date of application to use,
divide, sell or possess the property and that there would be no diminution in
value of the property from the value it held on the date of application due to
such revocation or expiration of the Special Use Permit. The Special Use Permit
enhances the value of the property above its value as of the date the Special
Use Permit is granted and reverting to the prior zoning results in the same value of
the property as if the Special Use Permit had never been granted.
i. The requirement for the solid screen wall is waived with this Cottage Industry
approval.
Presented by: Farhad Tavassoli, AICP, CFM, Planner
Reviewed by: Darren V. Gerard, AICP, Deputy Director
Attachments: 9/10/15 P&Z Packet (15 pages)
Note: 9/10/15 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon
request later when available.
October 7, 2015
Z2015024
Page 2 of 2

Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case: Z2015024 – Tiensvold Special Use Permit
Meeting Date: September 10, 2015
Agenda Item: 3
Supervisor District: 3
Applicant: Gary Swinford
Owner: Cecilia Tiensvold
Request: Special Use Permit (SUP) for a Cottage Industry
Site Location: Approximately 675’ north of the NEC of Pinnacle Vista Dr. and 44th
St. in the Phoenix area
Site Size: 0.61 acre of 2.44 acres
Density: N/A
County Island Status: Class 1 (City of Phoenix)
County Plan: Comprehensive Plan – Rural Development Area (0-1 d.u./ac.)
Municipal Plan: City of Phoenix - Large Lot (1-2 d.u./ac.)
Municipal Comments: None known
Support/Opposition: None known
Recommendation: Approve with conditions
Agenda Item: 3 - Z2015024
Page 1 of 7

Project Summary:
1. Gary Swinford, on behalf of Cecilia Tiensvold of Corral Kraft LLC, is requesting a 10 year
SUP for a cottage industry on 0.61 acre of a 2.44 acre homesite in the Rural-43 zoning
district. The property is located immediately east of 44th Street, south of Dynamite
Boulevard, in a one square mile county island in the north Phoenix area.
2. The proposed business is a building material storage area consisting of pipe, tubing,
equipment and delivery to clients via the family owned pick-up truck and trailer.
Materials will be stored and prepared for delivery to project sites in the north Phoenix
area for construction of equine facilities. No construction will be done on-site.
3. Office business will be conducted in a 20’ x 40’ existing shop building located
approximately 36’ from the family dwelling. The business area consists of a desk,
computer/printer and hand tools required for construction use. The 800 square foot
shop/office is located on the southern side of the western edge of the Special Use area.
There will be no changes to the buildings and no signage will be installed. There are
currently no permits for onsite improvements.
4. The perimeter of the property contains a combination of chain link and pipe rail
fencing. With exception to the driveway entrance, chain link fencing runs along the
western property line, and also about halfway along the northern and southern
property lines. Pipe rail fences run along the eastern half of the perimeter. The residence
to the south contains a wood stockade fence along the rear yard and provides visual
screening. No lighting will be installed.
5. A rack system will be used to store the metal piping and tubing, and will not be more
than six (6) feet in height. Delivery of storage materials to the property will occur bi-
monthly. Hours of operation will be 7:00 am to 6:00 pm weekdays and consist of minimal
amount of hours on the subject property as all building of corrals and mare motels will
be away from the business site. Business hours on Saturday are 8:00 am to 12:00 pm.
Public access is by appointment only and very limited.
6. There will be a total of three employees including Ms. Tiensvold and her son plus one
employee. A family pick-up truck, trailer, and forklift will be used for job site delivery.
Parking of vehicles will be at the front of the home and will be in the attached garage
when not in use.
7. Article 1301.1.18 lists 16 specific requirements for a cottage industry. As it is currently
proposed, approval of this SUP will require a unanimous vote by all members of the
Board of Supervisors because it does not meet all 16 criteria, particularly as it relates to
screening of the storage area with a block wall. Although the applicant does not
address this requirement in the request, she is willing to comply with this criterion as a
condition for approval. The table on the next page describes the 16 criteria and if each
one is in compliance according to the request.
Agenda Item: 3 - Z2015024
Page 2 of 7

Cottage Industry SUP Criterion Compliance
1. Entrepreneur shall reside in dwelling on Yes. Owner lives in dwelling.
property
2. Non-resident employees not to exceed 3 Yes. There is only one non-resident
employee.
3. No more than 50% floor area for business Yes. Business will occur in 800 sq. ft.
detached shed.
4. Only one sign permitted. Not applicable. No signage proposed.
5. Business in enclosed building; Vehicles in Yes. Business will be in office in shed.
enclosed area. Vehicles parked in garage when not in
use.
6. Adequate off-street parking Yes. Client visitation to occur very
infrequently. Adequate parking provided
on property.
7. Outdoor storage not to exceed 25% of total No. Storage area is less than 0.61 acre, but
lot area; block wall for screening. no block wall screening included in plans.
8. Provide paved access to business. Yes. Paved driveway provided between
44th Street and business area.
9. Outdoor lighting directed downward and Not applicable. No lighting will be
shielded. installed.
10. SUP non-transferable. Yes. SUP only to be granted to Ms.
Tiensvold.
11. Products to be displayed on racks. Yes. Racking system to display
piping/tubing materials.
12. Business shall not interfere with utilities in Yes. SUP will not create disruptions to utility
area services.
13. No noise, vibration, smoke, odors, etc. Yes. There will be no activity that will
generate nuisances.
14. Owner shall obtain cottage industry permit Yes. Owner agrees.
from Zoning Inspector.
15. There shall be no waiver from these Yes. Owner willing to meet all 16 criteria as
requirements except by unanimous vote. condition for approval.
16 Recommendation may consist of Owner is open to additional requirements
additional requirements. as conditions for approval.
Public Participation Summary:
8. The applicant posted the property and notified all property owners within 300’ of the
subject site in accordance with Maricopa County’s Citizen Review requirements. As of the
date of this report, staff has not received any emails, letters or phone calls expressing
opposition toward this SUP request. The owner’s representative informed staff that a few
neighbors expressed support for the business.
Background:
9. N/A
Agenda Item: 3 - Z2015024
Page 3 of 7

Existing On-Site and Adjacent Zoning/Land Use:
10. On-site: Rural-43 / Single Family Residence
North: Rural-43 / Single Family Residence
South: Rural-43 / Single Family Residence
East: Rural-43 / Single Family Residence
West: Rural-43 / 44th Street, Single Family Residence
Aerial photo and Zoning Map
Agenda Item: 3 - Z2015024
Page 4 of 7

Adopted Plan:
11. Maricopa County “Eye to the Future 2020” Comprehensive Plan - designates this site as
being within a Rural Development Area (RDA). This land use category denotes areas
that are not described in an area land use plan. The typical uses seen are low density,
rural residential and agricultural. However, cottage industry SUP is an acceptable use
and considered in concert with the RDA, therefore no Plan Amendment is required.
Utilities and Services:
12. Water: City of Phoenix
Wastewater: On-site septic
School District: Cave Creek
Fire: Rural/Metro Fire Department
Police: MCZO
Outstanding Concerns from Reviewing Agencies:
13. None
Staff Analysis:
14. The business will operate in approximately 25% of the 2.44 acre subject property. A
close-up aerial view of the lot, storage area and buildings for the SUP is shown below.
15. Surrounding properties consist of large lot residential with equine uses. The location of
supplies is out of site from 44th Street and adjacent properties. No signage and no
additional site lighting are proposed. There are currently no zoning violations associated
with the property.
16. In terms of access to the site, 44th Street has 20’ (w) of pavement from Dynamite Blvd. to
the north and to Pinnacle Vista to the south. There is adequate paved driveway access
for the delivery truck to enter the property, loading, turn-around and exit onto the east
side of 44th Street.
Agenda Item: 3 - Z2015024
Page 5 of 7

17. The storage area is screened from the neighbor to the south by a stockade fence.
Although applicant does not provide plans to construct a block wall for additional
screening, she is willing to construct one at 6-feet (h) in order to meet all 16
requirements for a cottage industry. This wall would be equal to the height of the
racking system used to store the piping and tubing. Staff notes there is no objection
from the neighbors, and thus supports waiving the solid screen wall requirement (see
condition “i”).
Recommendation:
18. Staff recommends the Commission motion for approval of Z2015024 with conditions ‘a’
–‘i’, for the following reasons:
• Reviewing county agencies have no objections
• Neighbors have expressed no objections
• The use is consistent with nearby large lot equestrian facilities
a. Development of the site shall comply with the Site Plan entitled “Tiensvold
Special Use Permit”, consisting of one (1) full-size sheet, dated June 18, 2015, and
stamped received July 20, 2015 except as modified by the following conditions.
Maximum building square footage associated with this Cottage Industry and
within the SUP area is limited to 800 square feet.
b. Development of the site shall be in conformance with the narrative report
entitled “Narrative Report” consisting of two (2) pages, dated July 10, 2015, and
stamped received July 20, 2015, except as modified by the following conditions.
c. Amendments to the site plan and narrative report shall be processed as a
revised application in accordance with Maricopa County Zoning Ordinance
Article 304.9.
d. The applicant/property owner shall submit a ‘will serve’ letter from Rural Metro for
fire protection services for the site.
e. This Special Use Permit shall expire 10 years from the date of approval by the
Board of Supervisors for a period of 90 or more consecutive days, or upon
termination of the use, whichever occurs first. All of the site improvements shall
be removed within 60 days of such termination or expiration.
f. The applicant/owner shall submit a written report outlining the status of the
development at the end of 5 years from the date of approval by the Board of
Supervisors. The status report shall be reviewed by staff to determine whether the
Special Use Permit remains in compliance with the approved conditions.
g. Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this Special Use Permit as set forth in the Maricopa
County Zoning Ordinance.
h. The granting of this change in use of the property has been at the request of the
applicant, with the consent of the landowner. The granting of this approval
Agenda Item: 3 - Z2015024
Page 6 of 7

allows the property to enjoy uses in excess of those permitted by the zoning
existing on the date of application, subject to conditions. In the event of the
failure to comply with any condition, and at the time of expiration of the Special
Use Permit, the property shall revert to the zoning that existed on the date of
application. It is, therefore, stipulated and agreed that either revocation due to
the failure to comply with any conditions, or the expiration of the Special Use
Permit, does not reduce any rights that existed on the date of application to use,
divide, sell or possess the property and that there would be no diminution in
value of the property from the value it held on the date of application due to
such revocation or expiration of the Special Use Permit. The Special Use Permit
enhances the value of the property above its value as of the date the Special
Use Permit is granted and reverting to the prior zoning results in the same value of
the property as if the Special Use Permit had never been granted.
i. The requirement for the solid screen wall is waived with this Cottage Industry
approval.
Presented by: Farhad Tavassoli, AICP, CFM, Planner
Reviewed by: Matthew Holm, AICP, Planning Supervisor
Attachments: Case Map (1 page)
Vicinity Map (1 page)
Site Plan (reduced 8.5”x11”, 1 page)
Narrative Report (2 pages)
1st Routing Memo (1 page)
MCESD comments (1 page)
Engineering comments (1 pages)
Agenda Item: 3 - Z2015024
Page 7 of 7

ONE
MARICOPA COUNTY STOP
SHOP
Application Name: Cecilia Tiensvold SUP Special Use Permit
Legal Description
T05N R04E 031
Applicant Applicant Phone/Email
Gary Swinford 602.909.5825
gdswinford@gmail.corn
Z2015024
Case Address Parcel Primary: 212-18-022A
27613 N 44TH St
CAVE CREEK AZ 85331
Generated Aug 23, 2015 7:53:07 PM Gross acres: 3 approx. Map scale: 1:1,315
Aerials Sep-Oct 2011
Supervisor District No. 3
HOME OCCUPATION I SPECIAL USE COTTAGE INDUSTRY IN RURAL ZONING DISTRICT
Maricopa County Planning & Development - Phoenix, AZ

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Application Name: Cecilia Tlensvold SUP Special Use Permit
Legal Description
T05N RO4E 431
Applicant Applicant Phone/Ernall
Gary Swinford 602.909.5825
ddswInford@ dmar.com
Z2015024
Case Address Parcel Primary: 212-18-022A
27613 N 44TH St
CAVE CREEK AZ 85331
Generated Aug 23, 2015 7:53:39 PM Gross acres: 3 approx. Map scale: 1:12,000
Aerials Sep-Oct 2011
Supervisor District No.3
HOME OCCUPATION I SPECIAL USE COTTAGE INDUSTRY IN RURAL ZONING DISTRICT
Maricopa County Planning & Development - Phoenix, AZ

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07/10/2015
NARRATIVE REPORT:
Title Page:
Tiensvold family application for Special Use Permit. Property located east of Cave Creek
Road and south of Dynamite Road at 27613 N. 44 th Street. See attached vicinity map, pg. 3.
Purpose of Request:
Small family business is requesting a Cottage Industry Special Use Permit. Family business
builds Mare Motels, Corrals, and Livestock Shade Structures. The Special Use Permit is for the
business to store building materials on family property. The materials consist in lengths of pipe /
tubing and equipment required to offload trucks and stock supplies on site. Materials will be stored
and prepared for delivery to projects in area for construction. No construction on site is required
for the home business. The material storage area will require some retention work for Maricopa
County Drainage. The property consists of 2.5 acres of land of which 25% would be used for the
business.
Description of Proposal:
The ability to purchase building supplies in larger quantities provides the family business
an opportunity to be competitive and give clients a better product at a better price. The location of
supplies is out of site from the roadway and the adjacent properties. Temporary storage for resale
of construction materials consisting of steel pipe / tubing (1-1/2" — 4" piping in lengths of 20%30')
and equipment for offloading and stockpiling, a forklift and trailer, company truck for jobsite
delivery. Area adjacent to office/shop will be truck and equipment parking. Family parking of
vehicles is in front of home and in attached garage.
• Business operations include storage, off-loading, loading of steel pipe/tubing and limited
display of equine containment facilities. Business will be conducted in a 20 x 40 shop
building located approximately 36' from family dwelling. Business equipment is a desk,
computer / printer and hand tools required for construction use.
• Hours of operation will be from 7 am —6 pm weekly consisting of minimal amount of hours
on property as all building of corrals and mare motels are on site for cutting and welding
and hardware installation. 8-12 on Saturday. Public access is by appointment only but very
limited.
• Number of employees. Corral Kraft LLC consists of 3 employees. Tyler Tiensvold and his
mother Cecilia Tiensvold are owners and 1 employee.
• 800 square foot shop/office is located on the southern side and western edge of Special Use
area.
• There will be no changes to buildings.
• No signage will be used.

Relationship to Surrounding Properties:
Surrounding properties consist of horse owners, riding and roping arenas, livestock pens
and families. Having lived in area many years we have worked with many of the homeowners in
repairs and assistance with equine facilities. Many of the neighbors are friends and all work
together when there is assistance needed for any reason.
Location and accessibility:
Paved driveway and easy access to 44 th Street, Dynamite, Tatum Road and Cave Creek
Road and accessible by all transportation equipment necessary to deliver and stock materials for
the business.
Circulation Systems:
No changes required to existing facilities.
Development Schedule:
Shop/office area is existing on the property, location noted on site plan
Community Facilities and Services:
No changes required.
Public Utilities and Services:
City of Phoenix Water
SRP Electrical
On Site Septic System

Maricopa County
Planning & Development Department
Farhad Tavassoli, Planner DATE; April 1, 2015
501 N. 44th Street, Suite 200
Phoenix, Phone: (602) Arizona 506-8358 85008-6526 TO: DISTRIBUTION NOTED BELOW
Fax: (602) 506-3711
FathadTavassoli@mail.rnaricopa. sov FROM: Farhad Tavassoli, Planner
.maricopa.gov/planning
RE: Tiensvold Home Occupation — Special Use Cottage Industry in a Rural Zoning
District
CASE: Z2015001
Enclosed are the following materials relating to the above case date stamped received March
6, 2015:
1) Special Use Permit Application
2) Narrative Report
3) Site Plan
The Technical Advisory Committee (TAC) will hold a meeting to discuss the above-referenced
case on Tuesday, April 14, 2015 at 1:00, at the Maricopa County Planning &
Development Department, 1st Floor of 501 N . 44th Street, in Phoenix.
You, or your authorized representative, are invited to prepare and submit written
recommendations at the meeting. If you are unable to attend, please submit written
recommendations to our Department prior to the date of the meeting.
Please call me at 602-506-8358 (or email to farhadtavassolamail.maricopa.gov )if you have
any questions. Thank you.
Distribution (memo only via e-mail):
Dove Valley Coalition — ATTN: Michael D. Rich (dovevalley©lycos.com )
District 3 Advisory Committee — ATTN: Sara Vannucci (saravannucciPworldnetatt.net )
Anthem Community Council — ATTN: Jenna Kohl (ikohlPanthemcouncil.com )
Informational Purposes Only (memo only via e-mail):
Gary Swinford (gdswinford(agmail.com )
Wendy Downing, Addressing
Bob Fedorka, Planning/Engineering (Drainage, Transportation, Flood Control)

Maricopa County
Environmental Services Department
Water and Waste Management Division
Water and Waste Management DATE: March 11, 2015
Division
Subdivision Infrastructure &
Planning Program TO Farhad Travassoli, Planning & Development Dept,
1001 N. Central Avenue #150
Phoenix, Arizona 85004 Planner
Phone: (602) 506-0376
'FDD Fax: (602) 602 506 506-5813 6704 FROM: Souren Naradikian, P.E.
Senior Civil Engineering
SUBJECT: Swinford Cottage Industry SUP; Z2015024
The Maricopa County Environmental Services Department (MCESD) has reviewed
documents received from the Maricopa County Planning and Development
Department for the above referenced project. This project requests approval of a
cottage industry Special Use Permit to allow for storing building materials at 27613
North 44th Street. Existing septic system will be used to manage sanitary sewage for
the business. The current public water system City of Phoenix will provide potable
water. The parcel is located in the urbanized unincorporated area, but the disturbed
soil is estimated to be much less than one acre, and therefore, the project is not
regulated by the Maricopa County Stormwater Quality Program,
Based on the above, MCESD raised no objections to the Planning & Development
Department on March 11, 2015 and will allow the project to proceed at this time.
Stipulations: None
It should be noted that several other Maricopa County agencies must review and
recommend approval of this project. Final approval authority for this project rests
with the Maricopa County Board of Supervisors.

Maricopa County
Planning & Development Department
Engineering Plan Review
Date: August 3, 2015
Stacey A. Lapp, P.E., CFM
Planning & Development
501 North 40, Street, Suite 200 Memo To: Darren Gerard, AICP, Deputy Director, Department of Planning &
Phoenix, Anzona 85008 Development
Phone: (602) 506-4717
Pax: (602) 506-3282
www.maricopa.gov/plarming Email address: Attn: Farhad Tavassoli, ATCP, Planner, Planning & Development Services
StaceyLaQp@maii.maricoDasiov
From: Stacey A. Lapp, P.E., CFM, Plans Examiner Engineer, Planning &
Development Services
CC: Michael Norris, P.R., Drainage Engineering Manager, Planning &
Development
Subject: Z2015024 — Special Use Permit for Cottage Industry in Rural Zoning
District — Tiensvold SUP for Corral Kraft LLC
(D2 Memo)
Job Site Address: 27613 N 44t5 Street, Cave Creek, AZ 85331
APN(s): 212-18-022A
Engineering Review has reviewed the plans and report submittal date stamped
07/20/2015 for the subject application and has no objections:
Any approval of this case should include the following standard stipulations:
1. All development and engineering design shall be in conformance with Section
1205 of the Maricopa County Zoning Ordinance; Drainage Policies and
Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway
Design Manual; and current engineering policies, standards and best practices at
the time of application for construction.
2. Engineering review of planning and/or zoning cases is for conceptual design
only and does not represent final design approval nor shall it entitle applicants to
future designs that are not in conformance with Section 1205 of the Maricopa
County Zoning Ordinance, Drainage Policies and Standards; Floodplain
Regulations for Maricopa County; and the MCDOT Roadway Design Manual.
3. Detailed Grading and Drainage Plans showing the new site improvements must
be submitted for the acquisition of permits.
Please contact me if you have any questions or require clarification of these
comments.