DRC_STAFF REPORT_SOSA RESIDENCE_012726.DOCX

PL240262 – SOSA RESIDENCE 
Page 1
January 27, 2026
STAFF REPORT
SOSA RESIDENCE (PL240262)
PROJECT DATA
Project Address
1028 South Lebanon Lane
Property Owner
Jorge Sosa Sierra
Applicant
Jorge Sosa Sierra
Zoning District
R1-6 (Single-Family Residential)
Gross / Net Site Area
0.20 acres
Number of Units
1 unit
Total Bedrooms
2 bedrooms
Total Building Area
1,873 s.f.
Building Height
14’ (30’ maximum allowed)
Lot Coverage
20.78% (45% maximum allowed)
Building Setbacks
26’ front, 18’ north side, 7’-6”’ south side, 67’ rear (20’, 5’, 5’, 
15’ min.)
Vehicle Parking
2 spaces (2 min. required)
COMMENTS:
This site is located between University Drive, Price Road, Lebanon Lane, and McArthur Drive and is 
located within the R1-6 Zoning District. The subject property features a single-family home built in 
1980, and an accessory building in the rear yard which is now used for private storage, was 
constructed in approximately 2011. A permit was not issued for the accessory building and was the 
subject of an Investigation Project (IP120128) by the Building Safety Division, with a final correction 
notice issued on July 3, 2024. The homeowner then submitted a Use Permit Standard application on 
July 30, 2024. 
The subject accessory building requires a Use Permit Standard to be in compliance with the setback 
standards set forth in the Zoning and Development Code (ZDC). The 14-foot height of this accessory 
building requires an 8-foot minimum setback from the side and rear property lines. This is due to ZDC 
Section 3-401(C)(2)(b) which requires an additional one-foot setback for every additional foot the 
height of the structure is above 9 feet, up to 15 feet in height. This Use Permit Standard will reduce the 
side setback requirement on the north side property line from 8 feet to 7 feet. 
Existing entitlements for this property that will remain in effect are: N/A
Existing uses on the site include: a single-family residence.
The applicant is requesting the Development Review Commission take action on
ZUP250062
Use Permit Standard to reduce the side yard building setback for a detached accessory 
building from eight (8) feet to seven (7) feet.
PUBLIC INPUT
As of the writing of this report, no public comment has been received.
  
USE PERMIT STANDARD
The subject accessory structure requires a Use Permit Standard to reduce the side yard building 
setback from eight (8) feet to seven (7) feet within the R1-6 zoning district. The accessory building in 
question is currently situated seven (7) feet from the north property line, encroaching into the required 
side setback by one (1) foot, based on its 14-foot height. The Use Permit standard will reduce the

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January 27, 2026
required setback from eight (8) feet to seven (7) feet to allow the structure to remain in its current 
location.
Section 6-308(E) Approval criteria for Use Permit (in italics):
1.
Any significant increase in vehicular or pedestrian traffic; the accessory building will not cause a 
significant increase in vehicular or pedestrian traffic outside of levels seen in single-family uses. It 
is used for private storage only by the homeowner.
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 accessory building will not cause nuisance arising 
from the emission of odor, dust, gas, noise, vibration, smoke, heat, or glare at a level exceeding 
that of ambient conditions or those in typical single-family uses.
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 Use Permit Standard will 
not contribute to the deterioration of the neighborhood or to the downgrading of property values. 
The accessory building has been present on the site for a minimum of 15 years. 
4.
Compatibility with existing surrounding structures and uses; the accessory building is compatible 
with existing uses and structures. There are several properties to in the immediate vicinity featuring 
similar detached accessory buildings subordinate to a primary building.
5.
Adequate control of disruptive behavior both inside and outside the premises which may create a 
nuisance to the surrounding area or general public; there will be adequate control of disruptive 
behavior on the premises. The accessory building is used for personal storage only by the 
homeowner.
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 Standard. 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)
EACH NUMBERED ITEM IS A CONDITION OF APPROVAL.  THE DECISION-MAKING BODY MAY MODIFY, DELETE OR 
ADD TO THESE CONDITIONS.  
1.
The Use Permit Standard 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 Standard 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.
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.

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January 27, 2026
This approval for the Use Permit Standard review did not include a comprehensive evaluation of the 
site for code compliance; the scope of approval is for the Use Permit Standard 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.
LIGHTING: Site security lighting shall comply with requirements of ZDC Part 4 Chapter 8 (Lighting) 
and ZDC Appendix E (Photometric Plan). Avoid conflicts between lights and trees or other site 
features in order to maintain illumination levels for exterior lighting. Make sure that light fixtures do not 
create glare and are full-cutoff fixtures. 
https://library.municode.com/az/tempe/codes/zoning_and_development_code?nodeId=ZONING_DEV
ELOPMENT_CODE_PT4_DEST_CH8_LI Any changes to lighting would require a minor Development 
Plan Review.
LANDSCAPE: All landscape shall be maintained per the approved landscape plan for the site. 
Property owners are responsible to replace dead or missing plant material and to maintain all parking 
landscape islands, street front trees and ground covers, and perimeter planting materials. 
https://library.municode.com/az/tempe/codes/zoning_and_development_code?nodeId=ZONING_DEV
ELOPMENT_CODE_PT4_DEST_CH7_LAWA Any changes to landscape on site would require a 
minor Development Plan Review.
SIGNS: Separate plan review process is required for signs in accordance with requirements of ZDC 
Part 4 Chapter 9 (Signs).   Refer to www.tempe.gov/signs. 
USE PERMIT:

The Use Permit Standard 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.

The decision-making body, upon finding that the applicant has not taken corrective actions to 
resolve issues related to the permit/approval and that a continuation of the permit/approval is not in 
the interest of the public health, safety and general welfare, can revoke the permit/approval after 
providing written notice of its intentions to the holder of the permit.

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

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January 27, 2026
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.
POLICE DEPARTMENT SECURITY REQUIREMENTS: 

If the development includes a use listed in City Code Section 26-70(c), the Owner is required to 
prepare a security plan with the Police Department. The architect should be involved to verify any 
modification that would require design revisions. To avoid revisions to permitted construction 
documents, initial meetings with the Police Department regarding the security plan are 
recommended before building permits are issued. At a minimum, the Owner shall contact the 
Police Department to begin security plan process approximately eight weeks prior to receipt of 
certificate of occupancy.
HISTORY & FACTS:
1980
A single-family home was built.
2011
An unpermitted accessory building was built.
July 3, 2024
A final correction notice was issued by the Building Safety Division for the 
unpermitted accessory building. (IP120128)
July 20, 2024
The applicant submitted a request for a Use Permit Standard for a side yard 
setback of 7 feet where 8 feet is required in the R1-6 zoning district. Planning 
staff worked with the applicant over the course of a year to ensure the 
application materials and documents were deemed to be a complete submittal 
package that met all Planning requirements, and subsequently provided multiple 
Planning review comments until the request met the requirements to be 
scheduled for a Development Review Commission meeting. 
ZONING AND DEVELOPMENT CODE REFERENCE:
Section 3-102, Permitted Uses in Residential Districts
Section 3-401, Accessory Buildings, Uses and Structures
Section 4-201(A), Use Permit Standard
Section 4-202, Development Standards for Residential Districts