DRC_STAFF REPORT_ORANGE_STREET_RESIDENCE_011326.DOCX

PL250440 – ORANGE STREET RESIDENCE
Page 1
January 13, 2025
STAFF REPORT
ORANGE STREET RESIDENCE (PL250440) 
PROJECT DATA
Project Address
2057 East Orange Street
Property Owner
Josh Weeks Enterprises c/o Josh Weeks
Applicant
Josh Weeks Enterprises c/o Josh Weeks
Zoning District
R1-6 (Single Family Residential District)
Gross / Net Site Area
6,656 square feet, 0.15 acres / 4397 square feet, 0.1 acres 
Density / Number of Units
4 du/ac / 1 unit, 1 ADU
Total Bedrooms
4 bedrooms, 1 ADU bedroom
Total Building Area
2,259 square feet
Building Height
17’2” (30’ maximum allowed)
Lot Coverage
33.9% (45% maximum allowed)
Building Setbacks
34.09’ front, 5’ west side, 8.3’ east side, 27.31rear (20, 5, 5’, 
15’ min.)
Vehicle Parking
2 spaces on existing driveway (2 min. required)
COMMENTS:
This site is Lot 15, Block 7 of the Lee Park Subdivision, in the Apache Character Area, generally south 
and west of Orange Street and River Drive. The subject property is zoned R1-6, Single-Family 
Residential and was previously a two-bedroom home with a carport constructed in 1954. At the time of 
original construction, the 1948 Zoning and Development Code (ZDC) only required a single off-street 
parking space. The current owner has since received permit BP250058 allowing for the demolition of 
the original home and construction of a new home on the existing lot. The issuance of the building permit 
requires the owner to meet the requirements of the current ZDC, which includes providing two off-street 
parking spaces. The new home has four bedrooms, no carport or garage, and one Accessory Dwelling 
Unit (ADU) with no interior connections. The gross square footage of the new home is 1,832 square feet 
and the attached ADU is 427 square feet. 
Properties with R1-6 zoning are constructed with carports or garages placed outside of the front yard 
setback and are served by driveways to connect to the right of way. The original site plan reviewed for 
BP250058 had discrepancies that do not reflect the site conditions. The right-of-way is twenty-five feet 
wide, not thirty feet; the water meter is in the right-of-way, not on private property, and the actual building 
setback to the property line is thirty feet. The plans showed a front setback of thirty-nine feet, which 
accommodates two standard parking spaces, eighteen feet in length, located outside of the required 
front yard setback or the first twenty feet of the property. During the inspection process, it was discovered 
the front setback is twenty-nine feet, resulting in both parking spaces encroaching into the front yard 
setback, requiring a Use Permit. 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 rental 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

PL250440 – ORANGE STREET RESIDENCE
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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 BP250058.
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 and has four bedrooms with two parking spaces. The ADU was reviewed and approved of with 
the new home; ADU’s do not have parking requirements. The new driveway is nine feet short of 
being able to contain both required off-street parking spaces without a Use Permit. There will be 
room to park two vehicles on the existing driveway out of the right of way and one on-street (non-
required guest parking) space. 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 property is retaining its single-family use and there 
are no anticipated nuisances that may arise. The ADU approved with the home is not subject to 
approval of this Use Permit request.
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 
BP250058 represent an 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 BP250058 
is a single-story home with an overall height of seventeen feet. The home has been updated to 
contain modern residential design elements like large living room windows, stucco, and asphalt 
shingles. The scope of the Use Permit request is limited to parking two vehicles in the new 
driveway. Because the property line begins four feet south of the sidewalk, the street view visually 
conveys a front yard depth of forty feet, despite the front façade being twenty-nine feet from the 
property line. Other street view imagery shows other residential properties with existing carports, 
garages, and vehicle parking in the driveways of their homes. There are no Use Permits for parking 
in the front yard setback 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 site has four bedrooms with two parking 
spaces for the main residence and an ADU which is not required to have a parking space. The 
property is a registered rental property and the owner is responsible for controlling the behavior of 
tenants. 
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.

PL250440 – ORANGE STREET RESIDENCE
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January 13, 2025
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)
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 with correct right of way and 
dimensions are submitted, the Building Permit and required inspections have been 
completed, and a Final Inspection has been passed for BP250058. 
2.
The Use Permit is valid for the plans as submitted within this application, subject to revisions to 
address plan discrepancies. Any additions or modifications may be submitted for review during the 
building plan check process.
3.
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 
the Use Permit is granted or within the time stipulated by the decision-making body.

PL250440 – ORANGE STREET RESIDENCE
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January 13, 2025

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:
April 23, 1951:
The subdivision plat for Lee Park was recorded with the Maricopa County 
Recorder’s Office, creating the subject site.
October 11, 1951:
Tempe City Council Approved Ordinance 209, 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.
April 10, 1958:
Tempe City Council approved Ordinance 281, annexing the area including the 
subject site.
May 1959: 
Aerial imagery confirms construction of subject property, though Maricopa 
County Assessor’s Office indicates a construction year of 1954.
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. Street images show the previous home with an attached one-car 
carport.
December 11, 2024: Current Owner purchased property.
January 09, 2025:
Current Owner applied for building modifications through BP250058 for 
demolition and new home construction with attached ADU.
April 28,2025:
Current Owner received building permit issuance for BP250058.
December 23, 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