DRC_STAFF REPORT_HOWE_STREET_PROPERTY_011326.DOCX

PL250402 – HOWE STREET PROPERTY 
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January 13, 2025
STAFF REPORT
HOWE STREET PROPERTY (PL250402) 
PROJECT DATA
Project Address
620 West Howe Street
Property Owner
Trinity Home Investments LLC c/o Brian Kingdeski
Applicant
Trinity Home Investments LLC c/o Brian Kingdeski
Zoning District
R1-6 (Single Family Residential District)
Gross / Net Site Area
7,908 square feet / 0.18 acres 
Density / Number of Units
4 du/ac / 1 unit
Total Bedrooms
5 bedrooms
Total Building Area
2,376 square feet
Building Height
12’ (30’ maximum allowed)
Lot Coverage
29% (45% maximum allowed)
Building Setbacks
23’ front, 6.5’ west side, 7’ east side, 52’ rear (20, 5, 5’, 15’ 
min.)
Vehicle Parking
2 spaces, 1 within garage, 1 in the driveway (2 min. 
required)
COMMENTS:
This site is Lot 50, Block 7 of the Val Verde Plat Subdivision, in the Downtown Tempe / Rio Salado 
/ASU/ NW Neighborhood Character area, north and east of Howe Street and Judd Street. The subject 
property is zoned R1-6, Single-Family Residential and was previously a three-bedroom home. The 
current owner has received Permit BP241203 allowing for renovations and an addition, resulting in a 
five-bedroom home with an attached, single car garage. The new home is 2,376 square feet. The 
issuance of the building permit requires the owner to meet the requirements of the current Zoning and 
Development Code (ZDC).
Properties with R1-6 Single-Family Residential zoning are constructed with garages or carports required 
to be outside of the required front yard setback and are served by driveways to connect to the right of 
way. The number of parking spaces required for Single-Family Residential properties is determined by 
the number of bedrooms. The Zoning and Development Code (ZDC) of 1948, in effect when the original 
home was constructed, only required a single parking space. With the issuance of BP241203, the owner 
must comply with the current ZDC, which requires two off-street parking spaces. The original site plan 
reviewed for BP241203 had discrepancies that do not reflect the site conditions and required field 
verification. The water meter is shown on private property, when it is located within the right-of-way.  The 
dimensioned building setback line is taken from a property line shown at back of sidewalk, when there 
is approximately 4 feet or right-of-way north of the sidewalk. The depth of driveway is shown as twenty-
one feet but is twenty-three feet on site. The remodeled home has a garage which can accommodate a 
single parking space, requiring the second space to be located on the driveway within the front yard 
setback.  The ZDC allows required parking to be located within the front yard setback, so long as parking 
surfaces are improved and owner receives a Use Permit. 
Existing entitlements for this property that will remain in effect are: R1-6 Zoning (Single-Family 
Residential District). 
Existing uses on the site include a single-family residence 
The applicant is requesting the Development Review Commission take action on:
ZUP250113      Use Permit to allow one (1) required parking space within the front yard setback

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January 13, 2025
Subject to the approval of the Use Permit, the applicant will be required to complete any remaining 
inspections for BP241203.
PUBLIC INPUT
To date, staff has not received any public comment.
USE PERMIT 
The proposed design requires a Use Permit to allow two required parking spaces in the front yard 
setback within the R1-6, Single-Family Residential zoning district.
Section 6-308(E) Approval criteria for Use Permit (in italics): 
1.
Any significant increase in vehicular or pedestrian traffic; the property is retaining its single-family 
use, has five bedrooms, has sufficient room to park one vehicle in the existing garage, another in 
the existing single car driveway, and has room for approximately two on-street (non-required guest 
parking) spaces in front of the house. There will not be a significant increase in traffic from the 
proposed use.
2.
Nuisance arising from the emission of odor, dust, gas, noise, vibration, smoke, heat or glare at a 
level exceeding that of ambient conditions; the site will function with typical vehicle movements 
from a driveway and garage and is retaining its single-family use and there are no anticipated 
nuisances that may arise.
3.
Contribution to the deterioration of the neighborhood or to the downgrading of property values, 
which is in conflict with the goals, objectives or policies for rehabilitation, redevelopment or 
conservation as set forth in the city’s adopted plans or General Plan; the plans approved under 
BP241203 represents investment in the property while retaining the character of the neighborhood 
and expanding the usable livable area for the existing residential land use. Parking in the front yard 
setback does not conflict with city goals, policies, and/or objectives.
4.
Compatibility with existing surrounding structures and uses; the design approved under BP241203 
is a single-story home with an overall height of 12 feet. The home has been updated to contain 
modern residential design elements like a paneled garage door with transom windows and unified 
color schemes in the facade, fascia, and trim. The new garage retains the original home’s ability to 
park a single car outside the front yard setback. The scope of the Use Permit request is limited to 
parking a single car in the existing driveway leading to the new garage. The view from the street 
remains consistent with the previous home’s single car driveway with the added benefit of 
screening a single vehicle within the garage. Street view images show many other residential 
properties with existing carports, garages, and vehicle parking in the driveways of their homes; 
however, staff did not find Use Permits for front yard parking on those properties or within 600 feet 
of the subject site.
5.
Adequate control of disruptive behavior both inside and outside the premises which may create a 
nuisance to the surrounding area or general public; the property is a rental property with five 
bedrooms, one garage space and a driveway space in tandem. The owner address is in the Valley 
and the property is registered.   The owner is responsible for managing behavior, however 
disruptive behavior is not expected as a result of parking in the front yard setback.
REASONS FOR APPROVAL 
Based on the information provided by the applicant, the public input received, and the above analysis 
staff supports approval of the requested Use Permit. This request meets the required criteria and will 
conform to the conditions.
SHOULD AN AFFIRMATIVE ACTION BE TAKEN ON THIS REQUEST, THE FOLLOWING

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January 13, 2025
NUMBERED CONDITIONS OF APPROVAL SHALL APPLY, BUT MAY BE AMENDED BY THE 
DECISION-MAKING BODY. 
CONDITION(S) OF APPROVAL:  (Non-standard conditions are identified in bold)
EACH NUMBERED ITEM IS A CONDITION OF APPROVAL.  THE DECISION-MAKING BODY MAY MODIFY, DELETE OR 
ADD TO THESE CONDITIONS.  
1.
The Use Permit is valid only after a revised site plan is submitted, the Building Permit has 
been obtained, the required inspections have been completed, and a Final Inspection has 
been passed for BP241203. 
2.
The applicant is required to plant one (1) tree with one and one half (1.5) inch caliper within 
five (5) feet of the driveway prior to the Final Inspection being passed for BP241203. 
3.
The Use Permit is valid for the plans as submitted within this application subject to modifications 
for corrections to the front yard property line and setback. Any additions or modifications may be 
submitted for review during the building plan check process.
4.
If there are any complaints arising from the Use Permit that are verified by a consensus of the 
complaining party and
the City Attorney’s office, the Use Permit will be reviewed by City staff to determine the need for a 
public hearing to reevaluate the appropriateness of the Use Permit, which may result in revocation 
of the Use Permit.
CODE/ORDINANCE REQUIREMENTS:
THE BULLETED ITEMS REFER TO EXISTING CODE OR ORDINANCES THAT PLANNING STAFF OBSERVES ARE 
PERTINENT TO THIS CASE. THE BULLET ITEMS ARE INCLUDED TO ALERT THE DESIGN TEAM AND ASSIST IN 
OBTAINING A BUILDING PERMIT AND ARE NOT AN EXHAUSTIVE LIST.
This approval for the Use Permit review did not include a comprehensive evaluation of the site for 
code compliance; the scope of approval is for the use permit only. The property owner should be 
aware of all city codes and zoning ordinances applicable to the property including maintenance and 
conformance with the codes. Below is a partial list of references provided to advise the owner of 
pertinent code requirements; this is not an exhaustive list. 
TEMPE CITY CODE: Specific requirements of the Tempe City Code are not listed but apply to any 
application https://library.municode.com/az/tempe/codes/city_code 
ZONING AND DEVELOPMENT CODE: Specific requirements of the Zoning and Development Code 
(ZDC) are not listed as a condition of approval but apply to any application.  To avoid unnecessary 
review time and reduce the potential for multiple plan check submittals, become familiar with the 
ZDC.  Access the ZDC through www.tempe.gov/zoning or purchase from Community Development.
BUILDING & FIRE CODES: Any modifications to the buildings involving mechanical, electrical, 
plumbing or structural tenant improvements that would require a building permit must obtain required 
permits.
ENGINEERING CODES: Any site modifications affecting utilities, retention or engineering code 
requirements must obtain required permits.
USE PERMIT:

The Use Permit approval shall be void if the use is not commenced or if an application for a 
building permit has not been submitted, whichever is applicable, within twelve (12) months after

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January 13, 2025
the Use Permit is granted or within the time stipulated by the decision-making body.

Specific requirements of the Zoning and Development Code (ZDC) are not listed as a condition 
of approval but will apply to any application. To avoid unnecessary review time and reduce the 
potential for multiple plan check submittals, become familiar with the ZDC. Access the ZDC 
through http://www.tempe.gov/zoning or purchase from Development Services.

Any intensification or expansion of use shall require a new Use Permit. 
HISTORY & FACTS:
October 15, 1947:
The subdivision plat for Val Verde Plat 4 was recorded with the Maricopa 
County Recorder’s Office, creating the subject site.
August 12, 1948:
Tempe City Council Approved Ordinance 193, the Zoning Ordinance for Tempe 
which established the development standards for R1 Single Family District prior 
to annexation of the subject site. The required parking for a single-family 
residence was one (1) on-site space excluding the drive-way.
January 01, 1950:
Tempe City Council Approved Ordinance 190, an annexation of property 
containing the subject site.
May 1953:                          Aerial imagery confirms construction of subject property.
January 24, 1964:
The site appeared on the Zoning Ordinance 405 map in 1964 zoned R1 Single 
Family District. The same parking requirements applied.
September 8, 2022:
The Zoning and Development Code was updated to require residences that 
have up to five (5) bedrooms (including additions) to have two (2) parking 
spaces. 
May 31, 2024:
Current Owner purchased property.
June 24, 2024:
Current Owner applied for building modifications through BP241203 for an 
interior remodel and rear addition.
January 01, 2025:
Current Owner received building permit issuance for BP241203.
November 11, 2025: An application for a Use Permit (this project) was submitted.
January 13, 2026:
Development Review Commission is scheduled to hear this request to allow one 
required parking space in the front yard setback.
ZONING AND DEVELOPMENT CODE REFERENCE:
Section 4-202, Development Standards for Residential Districts
Section 6-308, Use Permit