DRC_STAFF REPORT_OLVERA_RESIDENCE_011326.DOCX
City of Tempe — Development Review Commission Regular Meeting (2026-01-13)
Extracted text (via pymupdf)
11349 characters
PL250403 – OLVERA RESIDENCE Page 1 January 13, 2026 STAFF REPORT OLVERA RESIDENCE (PL250403) PROJECT DATA Project Address 1804 East Alameda Drive Property Owner OLVERA MARIANA/RADOSLOVESCU LUCIAN Applicant Mariana Olvera Zoning District R1-6 Gross / Net Site Area 10,799 square feet Total Bedrooms 7 bedrooms Total Building Area 2,794 square feet Building Height 14’-6 1/4’’ (30’ maximum allowed) Lot Coverage 25.8% (45% maximum allowed) Building Setbacks 32’4” front, 10’2” south street side, 5’ north side, 52’3” rear (20’, 10’, 5’, 15’ min.) Vehicle Parking 3 spaces in driveway (3 min. required) COMMENTS: The site is located north of Alameda Drive and east of McClintock Drive with access to the property via a cul-de-sac that is also named Alameda Drive. The site is on Lot 163 of the ALAMEDA MEADOWS UNIT 2 subdivision. The subject property is zoned R1-6, Single-Family Residential and currently contains seven bedrooms, four bathrooms, and a 2,794 square foot single family residence. The property is adjacent to single-family residential uses in all directions, with R1-6 zoning to the north, east and south, and R-2 zoning to the west across McClintock Drive. The applicant is requesting a Use Permit to allow three required parking spaces within the front yard building setback. Due to the house containing seven bedrooms, three parking spaces are required. Due to the garage being converted into a den in 1971 (via Permit #33563), parking was provided in the driveway. The third parking space will be located next to the existing driveway. The existing driveway will be expanded by 10 feet, bringing the total width of the driveway to 28 feet. This expansion is in compliance with Section 21-3(b)(4)(c) of the Tempe Zoning and Development Code (ZDC) which states that an improved surface for parking cannot be more than 35% of the front and side areas visible from the street. The expanded driveway will be 34% of the front and side yard area visible from the street. A complaint was received (IP220114) stating that the former four bedroom, two bathroom house now had seven bedrooms and four bathrooms without receiving building permits. A field inspection confirmed the interior modifications were performed without permits. In 1980, Permit BP59361 was issued for a storage room and to enclose screened in patio. Those areas have since been converted into two bedrooms and two bathrooms. The applicant is requesting the Development Review Commission take action on: ZUP250115 Use Permit to allow three (3) required parking spaces in the front yard setback. PUBLIC INPUT To date, staff has not received any public comment. USE PERMIT The proposed use requires a Use Permit to allow three required parking spaces in the front yard setback within the R1-6, Single-Family Residential zoning district. PL250403 – OLVERA RESIDENCE Page 2 January 13, 2026 Section 6-308(E) Approval criteria for Use Permit (in italics): 1. Any significant increase in vehicular or pedestrian traffic; as a property on a cul-de-sac, on-street parking is limited. Due to the proximity of the property to the intersection of McClintock Drive, there is no parking allowed on Alameda Drive on the street side yard. The property street front is wide enough to support two guest spaces on street in front of the house without impact to adjacent residences. The intensification of the home to seven bedrooms requires three parking spaces on-site. The property has sufficient room to park two vehicles in the driveway; a widening of the driveway will allow for the third. The increase from four bedrooms to seven bedrooms in the existing single-family use might increase pedestrian or vehicle traffic in the neighborhood, but it will not be more than is expected from residential 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 driveway is existing and will be expanded by 10 feet. An additional parking space in the driveway may cause normal vehicle ignition noise and odor but not expected to generate emissions that would otherwise exceed ambient conditions and cause a nuisance. With the expansion of the driveway and an increase in paving, a condition has been added that shade trees be planted and maintained on both sides of the driveway to provide shade to the vehicles and reduce heat in the surrounding area. 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 proposed use is permitted in the R1-6 zoning district subject to a Use Permit approval and does not conflict with the city’s adopted plans, nor is it anticipated to negatively impact property values. 4. Compatibility with existing surrounding structures and uses; staff are not aware of any homes within the notification radius with an entitlement for parking in the front yard setback and most of the residences have garages or carports used for their primary spaces. However, street view imagery indicates that parking in the driveway is not uncommon in this area. 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 current owner purchased the property in 2018, and the property is a registered rental. The applicant will be responsible for the control of behavior on site in conformance with city codes. The parking is intended for single-family use. The property has not received any complaints or code violations for parking related issues in the past, however there are code violations for work done to the site. This Use Permit is part of the process to remedy these violations. Due to the Alameda Drive street configuration and location of this lot, there is insufficient room for more than two vehicles to park on the street without blocking access to other properties or impeding fire and refuse truck service to the street; the owner needs to enforce parking for tenants and guests of this residence and a condition has been added to assure nuisances do not arise with this use permit REASONS FOR APPROVAL Based on the information provided by the applicant, no 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 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) PL250403 – OLVERA RESIDENCE Page 3 January 13, 2026 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 Building Permit has been obtained, the required inspections have been completed, and a Final Inspection has been passed. As part of the Building Permit process, on-site storm water retention may be required to be verified or accomplished on this site. 2. The Use Permit is valid for the plans as submitted within this application. Any additions or modifications may be submitted for review during the building plan check process. 3. The Use Permit for three (3) required parking spaces in the front yard building setback shall apply to parking located on site. Parking shall not encroach into the right-of-way nor obstruct the sidewalk or public street. 4. The owner shall plant two (2) shade trees, one on the north and one on the south side of the driveway, with necessary irrigation to assure survival to maturity for shade on the expanded driveway being used for primary parking spaces. 5. The property has room for two (2) vehicles to park on street north of the driveway; the owner shall ensure that tenants of the property respect on-street parking for public and guests and do not habitually park in front of neighboring properties or driveways. 6. Onsite parking shall only be allowed on the driveway and cars shall not be allowed to park on the existing crushed rock landscaping north of the existing lawn. 7. Final site plans shall be submitted to Planning staff within 30-days of Use Permit approval. 8. 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 termination 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. 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 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. All required Federal, State, County, and Municipal permits, licenses, and clearances shall be obtained, or the Use Permit is void. HISTORY & FACTS: May 16, 1960 Tempe City Council approved Ordinance 313, an annexation of property containing the subject site. May 9, 1968 City Council approved the final subdivision plat for Alameda Meadows Unit 2. The subject property is Lot 163 of this subdivision. PL250403 – OLVERA RESIDENCE Page 4 January 13, 2026 August 10, 1972 Building permit 33563 was issued to convert a two-car garage into a den. June 23, 1980 Building permit 59361 was issued to construct a storage room and enclose a screened in porch. March 1981 Zoning Ordinance 808 modified single-family residential regulations to require 2 on-site parking spaces outside of the front yard setback. Subsequent zoning codes retained this regulation, including any bedroom additions to existing residences be required to comply with the current code at the time of the additions. June 16, 2022 Complaint IP220114 received, caller stated the subject residence was converted from 4 bedrooms, 2 bathrooms to 7 bedrooms and 4 bathrooms without building permits. Field inspection confirmed modifications had been made without permits. November 26, 2025 An application for a Use Permit (this project) was submitted. January 13, 2026 Development Review Commission is scheduled to hear this request. ZONING AND DEVELOPMENT CODE REFERENCE: Section 4-202, Development Standards for Residential Districts Section 6-308, Use Permit