Study Session Minutes

BOARD OF ADJUSTMENT
STUDY SESSION MINUTES
October 7, 2026
The Board of Adjustment of the City of Mesa met in the Study Session room at City Hall, 20 East Main
Street, on October 7, 2026, at 4:33 p.m.
BOARD PRESENT BOARD ABSENT STAFF PRESENT
Chairperson, Troy Glover* Gordon Sheffield Kelly Whittemore
Vice Chairperson, Janice Paul Jessica Sarkissian Cassidy Welch
Gerson Barrera* Spencer Tippetts
Todd Trendler*
Chairperson Glover called the study session to order and conducted a roll call.
Chairperson Glover excused Boardmember Sheffield, Boardmember Sarkissian and
Boardmember Tippetts from the entire meeting.
1. Presentation and Board Training Regarding Board of Adjustment Authority, Procedures,
Legal Requirements and Required Findings.
Principal Planner Cassidy Welch provided an overview of the Board of Adjustment’s
functions, application types, review criteria, and processes leading up to a public
hearing. The presentation covered variances, special use permits, substantial
conformance improvement permits (SCIPs), and development incentive permits (DIPs),
including the applicable requirements and considerations for each request type. (See
Attachment 1 Page 1 through Page 2)
Ms. Welch explained that variance requests are evaluated based on unique, pre-existing
property conditions, potential deprivation of privileges enjoyed by similarly situated
properties, and ensuring approval does not grant special privileges. Special use permits
are reviewed for consistency with the General Plan, zoning district purpose, surrounding
land uses, adequate services, and other requirements specific to the proposed use.
Community residence requests are additionally evaluated for compatibility with
residential neighborhoods, community integration, and spacing requirements to prevent
clustering. SCIPs are intended to bring legally or legally-nonconforming properties into
substantial conformance with zoning standards while avoiding unnecessarily
burdensome modifications. DIPs are intended to encourage development on smaller or
constrained parcels that have historically been bypassed due to difficulties meeting
standard development requirements. (See Attachment 1 Page 3 through Page 7)
Ms. Welch also outlined the application process, beginning with applicant due diligence
and preliminary consultation with the Planner of the Day. Depending on the request,
applicants may participate in a pre-application or pre-submittal conference, during which

Board of Adjustment Study Session
October 7, 2026
Page 2
relevant City departments review preliminary plans and provide comments. Applicants
then submit a formal application with the required documentation, which varies by
request type. Staff coordinates departmental reviews, compiles comments, and works
with applicants to address outstanding issues and revise plans as needed. (See
Attachment 1 Page 8 through Page 9)
Once an application is deemed complete and all outstanding comments are resolved,
staff prepares the public hearing notice, coordinates notification to surrounding property
owners, ensures the required site posting is completed, and prepares the staff report,
hearing packet, and presentation. The Board of Adjustment then conducts the public
hearing and renders a decision. Ms. Welch clarified that approved requests may proceed
to building permit submittals and that existing structures requiring approval must still be
properly permitted and legalized following the Board’s decision. (See Attachment 1 Page
10 through Page 14)
Ms. Welch concluded the presentation by inviting Board members to ask questions
regarding the application types, review criteria, and procedures preceding Board of
Adjustment hearings. (See Attachment 1 of Page 15)
Vice Chairperson Paul questioned why several agenda items were being continued and
expressed concern about placing applications on the agenda before all required
materials were complete.
Ms. Welch explained that continuances occur on a case-by-case basis and may result
from incomplete public notification, neighborhood feedback, or applicants requesting
additional time to address concerns. Ms. Welch noted that planners work diligently to
resolve comments before scheduling cases and may work with applicants to avoid the
additional costs associated with re-noticing. Discussion clarified that the Spilsbury
application in Lehi was being continued at the applicant’s request to work with the
neighborhood, while the missing utility company letter pertained to a separate RV
application.
Deputy City Attorney Kelly Whittemore noted that having all agenda items continued or
administratively withdrawn was an unusual occurrence and should not be considered
typical of future meetings. Ms. Whittemore stated that staff generally ensures
applications are complete before placing them on the agenda, while acknowledging that
mistakes can occur. Ms. Whittemore recognized the frustration associated with attending
a meeting when items are not heard but explained that continuing applications to a date
certain can help avoid additional public notification requirements and costs for
applicants. Ms. Whittemore also noted that staff and applicants sometimes face
competing considerations when determining whether to proceed or continue an item.
Ms. Whittemore provided training to the Board of Adjustment regarding three primary
responsibilities: compliance with the Open Meeting Law, conflicts of interest, and
required findings. The presentation reviewed the purpose of the Open Meeting Law,
emphasizing public access to board deliberations and decisions. Ms. Whittemore
explained quorum requirements, prohibited serial meetings and electronic
communications that could constitute unlawful deliberation, meeting notice and agenda
requirements, public recording rights, limitations on discussing items not listed on the
agenda, and potential consequences for violations. (See Attachment 2 Page 1 through
Page 9)

Board of Adjustment Study Session
October 7, 2026
Page 3
The presentation also addressed conflicts of interest under state law, including
substantial and remote interests and the statutory definition of relatives. Board members
were advised to disclose potential conflicts, complete the required disclosure forms,
state the conflict during the meeting, and refrain from participating in the matter. Ms.
Whittemore also reviewed the Board of Adjustment’s specific recusal requirements and
encouraged members to consult staff regarding potential conflicts. (See Attachment 2
Page 10 through Page 14)
Finally, Ms. Whittemore reviewed the required findings for applications and appeals
considered by the Board, including variances, special use permits, reasonable
accommodations, sign plans, and other matters requiring findings under the Mesa City
Code. Ms. Whittemore emphasized that motions should clearly incorporate the
applicable findings from the staff report or identify findings that are not satisfied and
explain the basis for denial. Sample motion language and additional reference materials
were to be provided to assist Board members in documenting decisions and maintaining
a complete administrative record. (See Attachment 2 Page 15 through Page 19)
The presentation concluded with a summary of the importance of avoiding deliberations
outside noticed public meetings, adhering to posted agendas, identifying and disclosing
conflicts of interest, and ensuring that motions adequately document the Board’s
required findings. Ms. Whittemore invited questions from Board members. (See
Attachment 2 of Page 20)
Boardmember Trendler asked whether discussing a case or agenda item with one other
Boardmember, without constituting a quorum, was permissible.
Ms. Whittemore answered, generally, discussions between two Boardmembers are
unlikely to violate open meeting law if the conversation remains between those
individuals and does not constitute a serial meeting. Ms. Whittemore cautioned that a
violation could occur if information or discussions were relayed among multiple board
members in a chain, potentially circumventing quorum requirements.
2. Staff update.
No update.
3. Review and discuss items listed on the Public Hearing agenda for October 7, 2026.
No cases were presented for review. All agenda items were continued, with one case
administratively withdrawn.
4. Adjourn.
Without objection, the Board of Adjustment Study Session adjourned at 5:28 p.m.
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Board of
Adjustment Study Session meeting of the City of Mesa, Arizona, held on 7th day of October 2026. I
further certify that the meeting was duly called and held and that a quorum was present.
__________________________________________

Board of Adjustment Study Session
October 7, 2026
Page 4
TROY GLOVER, CHAIRPERSON
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City of Mesa
Board of Adjustment

Board of Adjustment Functions
Review and Act on requests for:
• Variances
• Special Use Permits
• Comprehensive Sign Plans (CSP)
• Uses
• Community Residences
• Substantial Conformance Improvement Permits (SCIP)
• Development Incentive Permits (DIP)

DEVELOPMENT SERVICES – PLANNING DIVISION
Variances
• Requests for adjustments to setbacks, heights or other measurements.
Must conform with required findings per Section 11-80-3:
1. Special circumstances applicable to the property, including its size,
shape, topography, location or surroundings; and
2. Special circumstances are pre-existing, and not created by the property
owner or appellant; and
3. Strict application of the Zoning Ordinance will deprive such property of
privileges enjoyed by other property of the same classification in the
same zoning district; and
4. Approval will not constitute a grant of special privileges inconsistent
with the limitations upon other properties in the vicinity and zone in which
such property is located.
3

DEVELOPMENT SERVICES – PLANNING DIVISION
Special Use Permits
• Conformance with Special Use Permit approval criteria Section 11-70-
5(E)
• Consistency with General Plan and Specific Plan policies
• Consistency with the purpose of the zoning district
• Impacts to the surrounding areas
• Adequate public services, public facilities, and public infrastructure
are available to serve the proposed project
• Additional approval criteria for some uses and request such as
comprehensive sign plans, parking reductions, automobile washing,
service stations, etc.
4

DEVELOPMENT SERVICES – PLANNING DIVISION
SUP – Community Residences
• Conformance with Special Use Permit approval criteria Section 11-70-
5(E)
• The proposed use will not interfere with the community
integration of the residents of any existing Community Residences
• The proposed use in combination with any existing Community
Residences will not alter the residential character
• The proposed use will be compatible with residential uses
• The proposed use will not result in a clustering
5

DEVELOPMENT SERVICES – PLANNING DIVISION
SCIP
• Useful for non-conforming sites when such sites are enlarged,
buildings are replaced/enlarged, or other site developments are
made
• Brings non-conforming developments into substantial compliance
with the Zoning Ordinance
• Conformance with the required findings in Section 11-73-3
6

DEVELOPMENT SERVICES – PLANNING DIVISION
DIP
• Provides incentives for the development of smaller tracts of land that
would have difficulty meeting current development standards, having
been bypassed by previous developments, and where land assembly
either is not available, or is available only to a limited extent
• Applicability criteria listed in Section 11-72-1
• Conformance with required findings in Section 11-72-3
7

Process Overview
1. Pre-Application/Pre-Submittal Conference
2. Application Submittal
3. Staff Review
4. Public Notice
5. Planning & Zoning Board Hearing
6. Permit Submittal

DEVELOPMENT SERVICES – PLANNING DIVISION
Due Diligence
• Applicant works with Planner of the Day
• Preliminary plans are prepared
9

DEVELOPMENT SERVICES – PLANNING DIVISION
Pre-Submittal Conference
• Accepted every Monday (Day 1)
• Required Documents:
• Project Narrative
• Preliminary Site Plan
• Assigned to a Planner (Day 2)
10

DEVELOPMENT SERVICES – PLANNING DIVISION
Pre-Submittal Conference
• Routed for Review (Day 2)
• Planning, Civil, Water, Solid Waste,
Engineering, Transportation
• Comments Report provided (Day 8)
• Reviewed for compliance against City plans
• Recommended process
• Conference (Day 10)
11

DEVELOPMENT SERVICES – PLANNING DIVISION
Application Submittal
• Applications accepted every 2 weeks on Mondays (Day 1)
• Required Documents:
• Project Narrative, Property Owner Authorization, CPP, ALTA
• Development Plan, Elevations, Landscape Plan, G&D Plans
• Preliminary completeness review conducted (Day 1-2)
• Assigned a Planner (Day 2)
12

DEVELOPMENT SERVICES – PLANNING DIVISION
Staff Review
• Routed for Review (Day 2)
• Planning, Civil, Water, Solid Waste, Engineering, Transportation
• Comments Report provided (Day 10)
• Meeting to discuss comments (Day 13)
• Applicant revises plans to address comments and resubmits
• Process repeats until all requirements are met
13

DEVELOPMENT SERVICES – PLANNING DIVISION
Public Notice
• All outstanding comments are resolved
• Planner prepares draft public notice language
• Draft is finalized by Senior staff
• Public notice is sent to newspaper
• Applicant sends notification letters & posts on
site
14

DEVELOPMENT SERVICES – PLANNING DIVISION
Board of Adjustment Hearing
• Case is scheduled for Board of Adjustment hearing
• Public notice is prepared
• Staff Report, Packet & Presentation are prepared
• Packets are publicly posted
• Hearing is conducted & decision is rendered
▪Once approved, proceed to permit submittals!
15

City of Mesa
Board of Adjustment

CITY OF MESA | 2026 BOARD TRAINING
Arizona Open Meeting Law
+ Conflict of Interest
+ Required Findings
Board of Adjustment
Practical guidance for hearings, deliberations, and decisions

ORIENTATION
Three Duties Guide Every Meeting
OPENNESS: IMPARTIALITY: DECISION:
Open Meeting Law Conflict of Interest Findings
The public can see how the Members decide cases without Where required by law, make
Board receives evidence, a disqualifying financial or the required findings as a part
deliberates, and acts ownership interest of the Board’s decision
Open Meeting Law: A.R.S. §§ 38-431 to 38-431.09 Findings: Mesa City Code 11-67-7 02
Conflict of Interest: A.R.S. §§ 38-501 to 38-511

OPEN MEETING LAW
Open Meeting Law: Core Concepts (A.R.S. §§ 38-431 to 38-431.09)
Public Policy of the State: Meetings of public
bodies be conducted openly and that notices
and agendas be provided that contain
information reasonably necessary to inform
the public of the matters to be discussed or
decided.
WHAT IT REQUIRES
The Board conducts its business in
meetings that are open to the public
WHY IT EXISTS
The public can attend, listen to
deliberations, and observe decisions as Public access allows the community to see how its government
conducts public business
they happen
A.R.S. § 38-431.01(A) 03

OPEN MEETING LAW
Why the Rules Apply to the Board
Arizona law expressly includes boards and commissions of a
BOARD OF
political subdivision and all quasi-judicial bodies within the
definition of a public body subject to the Open Meeting Law ADJUSTMENT
Public body includes boards and commissions of the City
and all quasi-judicial bodies.
Quasi-judicial body means a public body (other than a
court) that hears disputed matters between a private
person and a public agency and decides them in the
general manner of a court.
03
A.R.S. § 38-431(6) and (7)

OPEN MEETING LAW
What Counts as a Meeting
A meeting occurs when a quorum gathers, in person or through technology, and
discusses, proposes, or takes legal action, and includes serial meetings
QUORUM LEGAL ACTION COMMUNICATION
Enough Board members A matter likely to come Discussion, deliberation,
to conduct Board before the Board for a proposal, or a collective
business* action decision
A.R.S. § 38-431(3) and (4) 04
*BOA Bylaws Section II(C): Quorum is 4 members

OPEN MEETING LAW
Electronic Communications
HIGH RISK
• Reply all to an email with your view of a pending case
• Ask staff to relay one member's position to others
• Use a group text or social media thread to discuss a
matter
• Forward comments in a sequence that reaches a
quorum
LOWER RISK PRACTICE
• Receive staff materials without responding to the group
• Send scheduling or logistical information without
discussing merits
• Ask the Board attorney or liaison an individual
procedural question
• Save deliberation for the noticed public meeting
A.R.S. § 38-431(4)(b); Ariz. Att'y Gen. Op. I05-004 06

OPEN MEETING LAW
Notice and Agenda
The Agenda Controls the Discussion
• Lists specific matters to be discussed, considered, or decided
24 • Discuss and decide only listed matters and matters related to them
• Do not deliberate on or discuss an unlisted topic raised by a speaker
HOURS’ NOTICE
• An actual emergency follows a separate statutory process
Notice and the agenda
must be available at least
24 hours before the
meeting, subject to
statutory counting rules
and emergency exceptions
A.R.S. § 38-431.02(C), (G), and (H) 06

OPEN MEETING LAW
During the Public Meeting
ACCESS Allow the public to attend and listen.
RECORDING A person may record unless the recording actively interferes with the meeting.
Take all legal action in public and record motions, discussion, action, and each
ACTION
member's vote.
Members may respond to criticism or request later staff review but may not
CALL TO PUBLIC
discuss or act on an unlisted matter.
A.R.S. § 38-431.01(A)–(G) and (I) 07

OPEN MEETING LAW
Consequences for Violations
LEGAL ACTION ENFORCEMENT
Action taken at a meeting held in violation is null An affected person, the Attorney General, or the
and void unless properly ratified county attorney may file suit in Superior Court
INDIVIDUAL PENALTIES REMOVAL AND COSTS
Against each person who knowingly violates the A court may remove an officer who knowingly
OML or who knowingly aids, agrees to aid or acted with intent to deprive the public of
attempts to aid (up to $500 for a second offense information and may assess costs and fees
and up to $2,500 for a third or later offense)*
A.R.S. §§ 38-431.05 and 38-431.07
Does not include consequences related to Executive Session (Criminal/Civil) 09
*City can’t defend or pay fine for violation

CONFLICT OF INTEREST
Conflict of Interest Law: Core Concepts (A.R.S. §§ 38-501 to 38-511)
The object of conflict of interest
statutes is to remove or limit the possibility of
personal influence which might bear upon an
official’s decision.
WHAT IT REQUIRES
Disclose the substantial interest in the
official record and do not participate in the
matter
WHY IT EXISTS
The law limits personal influence on
official decisions and prevents self-dealing A substantial interest may belong to the member or a statutory relative
A.R.S. §§ 38-501 to -511; §§ 38-502(9), (11), 38-503(A)-(B); Ariz. Att'y Gen. Agency Handbook § 8.2.1 03

CONFLICT OF INTEREST
Conflict of Interest Test: Substantial Interest
Ask whether the decision could create a direct, nonspeculative financial or ownership
benefit or detriment for you or a statutory relative
PECUNIARY OR 2 DIRECT OR 3 NOT A REMOTE
1
PROPRIETARY INDIRECT INTEREST
Money, property, or The interest may belong The statute lists interests
ownership to you or a relative treated as remote
If all three apply disclose the substantial interest and do not participate
A.R.S. §§ 38-502(10)–(11) and 38-503(A)–(B) 10

CONFLICT OF INTEREST
Whose interests count?
The statute defines “relative” for the purpose of conflict of interest
YOUR HOUSEHOLD YOUR SIBLINGS YOUR SPOUSE'S FAMILY
LINE
•Spouse •Brother or sister, whole or •Parent
half blood •Brother or sister
•Child and child's child
•Spouse of that brother or •Child
•Parent and grandparent
sister
A.R.S. § 38-502(9) 11

CONFLICT OF INTEREST
Remote Interests: A.R.S. § 38-502(10)
A listed remote interest does not become a substantial interest under the general statute
NONPROFIT Non-salaried officer of a nonprofit corporation
SMALL STOCK INTEREST Less than 3% ownership in a for-profit corporation, provided annual
income from dividends does not exceed 5% of total annual income
CERTAIN RELATIVE A relative employed by an entity with at least 25 Arizona employees,
EMPLOYMENT without management or budget control
PUBLIC OFFICER OR Public officer or employee, or relative of same, unless the decision
EMPLOYEE would confer a direct economic benefit or detriment
Remote-interest exceptions are technical. Confirm the facts with the Board attorney before participating.
Examples from A.R.S. § 38-502(10) 12

CONFLICT OF INTEREST
What Recusal Requires
A substantial interest requires disclosure in the official record and no participation in any manner
DISCLOSE STATE WITHDRAW FOLLOW
PROCEDURE
Notify staff and the At the meeting, state Do not question staff or
Board attorney early. that you have a applicants, deliberate, Leave the dais.
Complete the required conflict and will not influence other Welcome to sit in the
disclosure record with participate. members, or vote. audience.
the City Clerk’s Office.
Additional BOA Requirement: Board member must disclose
if they’ve been a board member or officer of any entity
that appears before the Board and is disqualified from
participating if served within the last 5 years.
13
A.R.S. §§ 38-502(3)–(4), 38-503(A)–(B), 38-509, and 9-462.06(L)

APPLY THE RULES
Board Scenarios: Open Meeting Law and Conflict of Interest
A group email from a Board member asks
questions or provides information about an
applicant and their property with a pending
variance application
Do not reply to the group. Save the discussion for the
noticed meeting.
A speaker raises a new issue that is not on
the agenda
Do not deliberate on it unless the agenda permits. Ask
whether staff review or a future agenda item is
appropriate.
14

APPLY THE RULES
Board Scenarios: Open Meeting Law and Conflict of Interest
Your sibling is the project manager and will
receive a bonus if the application is approved
Contact the Board attorney. A direct economic benefit
to a statutory relative points to a substantial interest.
You own property next to the subject site
Seek advice before the hearing. The facts may show a
direct, nonspeculative property interest.
14

REQUIRED FINDINGS
Why the Board Must Make Findings
CONNECT THE RECORD TO THE CODE
Findings explain how the evidence satisfies, or does
not satisfy, the governing criteria.
CREATE THE OFFICIAL DECISION
The written minutes must state the Board's findings,
and the decision notice must include them.
SUPPORT REVIEW OF THE DECISION
A clear record shows that the Board applied the correct
standards and relied on evidence in the record. The motion should state or adopt the required
findings. Approval or denial alone does not
identify the findings.
Mesa City Code § 11-67-7(A)–(C) | A.R.S. § 9-462.06(B) and (G) 18

REQUIRED FINDINGS
Board Decisions That Require Findings
PERMIT AND APPROVAL DECISIONS
• Variances § 11-80-3 • Substantial Conformance
• Special Use Permits § 11-70-5(E) Improvement Permits § 11-73-3
• Community Residence SUP • Development Incentive Permits
§ 11-31-14(B) & Reasonable § 11-72-3
Accommodation § 11-31-14(D) • Comprehensive Sign Plans § 11-
46-3
Each case type has its own required
APPEALS AND REFERRED DECISIONS findings. MCC Section 11-67-7(C)
requires the Board to place its
• Appeals from Zoning Administrator decisions §§ 11-66-3(C), findings in the written record.
11-77-4(D), 11-77-5
• Interpretations and matters referred by the Zoning
Administrator or City Council § 11-66-3(C)
Mesa City Code §§ 11-31-14(B) & (D), 11-46-3, 11-66-3(C), 11-70-5(E), 11-72-3, 11-73-3, 11-77-4(D), 11-77-5, and 11-80-3
19

REQUIRED FINDINGS
Examples of Motion Language That Places Findings in the Record
CONSENT AGENDA
“I move to approve the consent agenda as presented, including the recommended
action and conditions for each item, and adopt the findings in each staff report as
the Board's findings based on the administrative record.”
INDIVIDUAL ITEM OFF CONSENT, BOARD AGREES WITH STAFF
“I move to approve Case No. _____, subject to the staff conditions, and adopt Use “administrative record” or
“staff report and hearing record,”
the staff findings in each staff report as the Board’s findings based on the rather than “information provided
administrative record.” to the Board.”
BOARD MODIFIES A STAFF FINDING BOARD DENIES DESPITE STAFF RECOMMENDATION
“I move to approve Case No. _____, subject to _____, “I move to deny Case No. _____, as required Finding
and adopt the staff findings in the staff report, with No. _____ is not satisfied because the administrative
Finding No. _____ modified to state _____ because the record shows _____.”
administrative record shows _____.”
Mesa City Code §§ 11-67-7(C) and 11-77-5 | Board of Adjustment Bylaws §§ III(A)(2) and (5)
20

Tips to Remember
Short Checklist
✓ Have I discussed this case with enough members to create a
quorum?
✓ Does the agenda clearly cover the matter before us?
✓ Do I or a statutory relative have a financial or ownership
interest? Questions
✓ Does my motion include the required findings for approval or When unsure, pause and
state the finding not met for denial? ask Board counsel
before participating
City of Mesa Board of Adjustment | 2026