DRC_STAFF REPORT_NEVAREZ REMODEL_022426.DOCX

PL250322 – NEVAREZ REMODEL 
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February 24, 2026
STAFF REPORT
NEVAREZ REMODEL (PL250322) 
PROJECT DATA: 
Project Address
1616 West Fairmont Drive
Property Owner
Victor Nevarez 
Applicant
Bosco Iturbide / Studio Draft LLC
Zoning District 
R1-6 (Single-Family Residential) 
Gross / Net Site Area
6,582 s.f., 0.15 acres / 3,665 s.f., 0.08 acres
Total Building Area
2, 917.49 s.f. 
Density
4 du/ac 
Number of Units
1 unit
Total Bedrooms
6 bedrooms
Building Height(s) 
28’ 7” (30’ maximum)
Lot Coverage
44% (45% maximum allowed)
Building Setbacks
22’ front, 5’ west side, 7’ east side, 15’ rear (20’, 5’, 5’, 15’ min.)
Vehicle Parking
Required Parking for Use 
3 spaces in tandem garage (3 required), 2 spaces on street (0 
required) 
3 spaces (3 spaces required for residential properties with 6 or 
more bedrooms)
COMMENTS:
1616 West Fairmont Avenue is Lot 3 of the Peterson Park 3 Subdivision, located generally north and 
west of the intersection at Southern Avenue and Priest Drive. The site is zoned R1-6 and within the 
Diablo/ Double Butte Character Area 2. To the north of the property is an alley separating the site from 
a large industrial property with parking as the nearest adjacent use. To the west, south, and east are 
adjacent residences; the adjacent property to the east has a second story addition. There is an 
existing single story single-family residential home, used as a primary residence since it was 
purchased in 2003. The existing home has four bedrooms, a single car garage and a covered patio. 
The applicant, on behalf of the owner, proposes making several additions to the home which include 
expanding the number of bedrooms, creating an enclosed three-car tandem garage, and adding a 
second story, requiring a Use Permit. If approved, the project will require building permit review with 
Tempe’s Building Safety Division. 
During the review process, staff discovered a demonstrated pattern of nonconforming use of the area 
defined as the front yard for personal vehicle parking. This issue and the recommended remedies are 
contained in this report’s approval criteria discussion, conditions of approval, and history.
Existing uses on the site include: a single-family residence.
The applicant is requesting the Development Review Commission take action on 
ZUP250101
Use Permit to allow a second story addition to an existing single-family residence.
For further processing, the applicant will need approval of a building permit review with Tempe’s 
Building Safety Division. 
PUBLIC INPUT

Neighborhood meeting not required

Site was posted with Development Review Commission hearing sign and all property owners

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within 600 feet were notified of the hearing date and time.
PROJECT ANALYSIS 
USE PERMIT 
Constructing a second story addition to an existing single-family residence requires a Use Permit. The 
existing home has four bedrooms and two bathrooms. After the proposed alterations, the home will 
include six bedrooms, five bathrooms, and an attached three- car tandem garage. Both the ground 
and second floors will contain expanded living areas, bedrooms, bathrooms, and outdoor spaces. The 
second floor has a 287 square foot balcony facing north with views to the west. The two will be 
connected internally by a staircase in the first floor living room. The home’s exterior will maintain the 
existing roof form and building colors, while the second floor will increase the overall height to 28 feet 
8 inches. The primary entrance will be expanded towards the side and front property lines, providing a 
new vehicle garage door and covered guest entrance. The front façade’s design will be enhanced with 
changes to materials, trim, and articulations in planar depth.
The area defined as the front yard is between a front property line and the required minimum setback 
for the zoning district, twenty feet for the subject site. The existing home has an open front garage with 
room for parking a single vehicle outside of the required front yard setback; however, case history, 
annual aerial images and street-view photography demonstrate violations to the Tempe City Code and 
the Zoning and Development Zoning Code (ZDC). The City Code and the ZDC regulate the maximum 
width of driveways and the ability to park in a residential front yard. City Code Section 21-3 requires 
areas for vehicle parking to be contiguous and be within a maximum of 35% of the lot’s frontage. Lot 3 
is 70 feet wide, which would allow no more than 24 feet six inches of improved surface to be parked 
upon. The site’s existing driveways are not contiguous; and have a combined are 39 linear feet or 56% 
of lot frontage as paved driveway. An additional 13 feet, or 18.5% of the front yard east of the concrete 
pad had vegetation removed and has also been used for vehicle parking on the gravel, with 75% of 
the front yard being designed for parking. 
The required parking for a six-bedroom home is three parking spaces, which are being provided within 
the proposed new three-car tandem garage which will be accessed from both the street front and from 
the alley. ZDC Section 4-602 allows the use of a front yard to meet required off-street parking spaces, 
subject to a Use Permit. Parking spaces provided on-site may exceed the number of spaces required 
if they are provided on an approved surface leading to a parking area, most commonly a driveway. 
The proposed alterations do not necessitate such a Use Permit as the addition includes an attached 
garage. Exhibits provided in this report and attachments show a parking pad east of the existing 
driveway and a pattern of use of the pad and landscape areas which violate the City Code and the 
ZDC throughout the period of ownership. Because the sources of violation have not been addressed 
during the period of ownership, nor have patterns of behavior changed to accommodate conformance 
with the City Code and the ZDC, staff recommends the approval of the Use Permit request for a 
second story addition, subject to the conditions of approval.
APPROVAL CRITERIA
Section 6-308 E Approval criteria for Use Permit (in italics): 
1.
Any significant increase in vehicular or pedestrian traffic. The proposed floor plan of the home 
shows six bedrooms where the existing home has four. Vehicle traffic to the home may increase 
due to the approval of this Use Permit. The size of the lot, bedroom additions, and the proposed 
garage may result in the continued ZDC violations for vehicle parking in the defined front yard. To 
remedy this, staff recommends approval, subject to conditions; see Condition 2 addressing this

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issue. Homes with six or more bedrooms require three off-street spaces to be provided on the 
subject lot. A standard parking space is eight feet by eighteen feet with sufficient space for vehicle 
existing when adjacent to walls (11 feet 6 inch interior clear width for single car). Parking for three 
of these spaces in tandem would require an area fifty-four feet long, and the proposed garage is 
fifty-six feet long, providing sufficient room enough to park three vehicles in tandem with necessary 
egress. 
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 existing ownership and its 
single-family use. The second-story livable addition is internally connected to the main home. The 
second story contains windows; however, the traditional, large-pane viewing windows are only 
located to the front and rear elevations, neither of which faces a rear yard of another single-family 
residential lot. The east and west side elevations of the home are propose smaller, clerestory 
windows, providing light to a new living room and bathroom respectively. The second story 
contains an exterior terrace open to the west and north. This terrace is not open to the east and is 
separated to shared property line to the west by approximately 18 feet and approximately 25 feet 
to the wall of existing home on the western lot. The side setback to the western edge of the terrace 
exceeds the required side setback distance of the R1-6 zoning district by approximately thirteen 
feet.
3.
Contribution to the deterioration of the neighborhood or to the downgrading of property values, the 
proposed use is not 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 project represents an 
investment in the property while retaining architectural elements of the original home and providing 
enhancements to the property’s building materials and livable area. Prior parking in the front yard 
setback will be mitigated by the addition of the three-car garage and condition two which will 
prevent future front yard parking violations by landscaping the front yard. 
Compatibility with existing surrounding structures and uses. Two story homes are not common in 
this subdivision, nor within the boundaries of the neighborhood association, Peterson Park; 
however, the adjacent property to the east at 1610 West Fairmont Drive contains a second story 
livable addition, approved by a Use Permit request under PL090006. The second story remains 
within the allowed 30-foot building height for this zoning district, which is lower than the industrial 
district standards directly to the north of the site.
4.
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 registered as the primary 
residence of the property owner. The owner is solely responsible for their behavior and the 
behavior of those who live within. The issues identified in this report and the recommended 
remedies are detailed in approval Condition 2. If approved and if the owner meets all conditions, 
staff have determined this criterion can be met.
Section 3-420 C. Additional criteria for determining approval of a use permit for second-story addition:
6.
The design is compatible with the architecture of the building on site and compatible with the 
surrounding neighborhood or immediate surrounding architectural character; As proposed, the 
second story addition retains the architectural elements of the existing home while providing 
enhancements to the exterior materials. The adjacent property at 1610 West Fairmont Drive 
applied for and was granted a Use Permit for a second story livable addition. Internal design 
choices have been made to minimize impact to adjacent properties while expanding the livable 
area for the continued use of the property as the primary residence for the registered owner.
7.
There are design considerations for privacy to adjacent properties and protection of existing solar 
appurtenances on adjacent lots; The second story’s windows have been arranged to provide light

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internally, but do not provide viewing into the rear yards of adjacent residences. The second story 
terrace opens to the west and north. It does not open to the east and is separated to the western 
shared property line by approximately 18 feet exceeding the side setback of the zoning district by 
thirteen feet. Additional design consideration to enhance privacy could include an increase to the 
terrace wall height on the west side.
8.
There is sufficient parking on site or on the street frontage to accommodate guests. Addition shall 
be required to meet current parking standards pursuant to section 4-603, parking ratios. There is 
sufficient parking within the proposed attached garage to accommodate the three required off-
street spaces. The nonconforming elements of the site include parking area exceeding 35% of lot’s 
frontage and demonstrated front yard parking are mitigated through the recommended remedies 
are detailed in approval Condition 2. There is room for two vehicles to park on the street front in 
the right of way for guest parking.
The manner of conduct and the building for the proposed use will not be detrimental to persons 
residing or working in the vicinity, to adjacent property, to the neighborhood, or to the public welfare in 
general, and that the use will be in full conformity to any conditions, requirement or standards 
prescribed therefore by this code. 
Based on the information provided and the above analysis, staff recommends approval of the 
requested Use Permit. This request meets the required criteria and will conform to the conditions.
USE PERMIT CONDITIONS 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.
Second story clerestory windows presented on the plans must be maintained on east and 
west side elevations to reduce impacts surrounding properties. Elevations submitted for 
building permit review of the proposed alterations must match the elevations dated 
01/28/2026 and reviewed in this Use Permit application. 
2.
The existing concrete pad east of the driveway will be modified and reduced to meet City 
Code Section 21-3. The front yard shall be modified to prevent parking in the landscaped 
area, excluding the walkway which leads to Fairmont Drive.
a.
A site plan showing a conforming driveway and front yard layout must be provided to 
Planning for review and approval prior to receiving issuance of a building permit. The 
new driveway and front yard will be inspected and approved prior to issuing a certificate 
of occupancy for the building permit associated with the proposed alterations to the 
home. 
b.
A portion not less than six feet deep by seventeen feet wide shall be removed from the 
existing concrete pad east of the driveway (the two sections within the white square) 
and replaced with vegetative landscape.  
c.
Parking shall not exceed 24.5’ linear feet or 35% of the property frontage; the remainder 
of the front yard shall be used for landscaping and not parked upon.

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3.
The applicant shall replace the tree previously removed with a new one 1.5” caliper tree to 
the east of the driveway prior to issuance of a certificate of occupancy for the building 
permit associated with the proposed alterations to the home.
4.
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. 
5.
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.
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. 
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.
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:

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
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.

Section 6-902.B. 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.

Any intensification or expansion of use shall require a new Use Permit.
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. Any changes to lighting would require a minor Development 
Plan Review.
SITE PLAN REVIEW: Verify all comments by all departments on each Preliminary Site Plan Review. If 
questions arise related to specific comments, they should be directed to the appropriate department, 
and any necessary modifications coordinated with all concerned parties, prior to application for 
building permit.  Construction Documents submitted to the Building Safety Division will be reviewed by 
planning staff to ensure consistency with this Design Review approval prior to issuance of building 
permits.
BASIS OF BUILDING HEIGHT: Measure height of buildings from top of curb at a point adjacent to the 
center of the front property line.
PARKING SPACES:

Three off-street spaces are required for the number of bedrooms within the subject home. These 
spaces may not be located within the front yard setback. 
HISTORY & FACTS:
June 12, 1958 
Tempe City Council approved the annexation of the area containing the subject 
property under Ordinance 281.
July 12, 1967
The subject lot was created via a subdivision of Peterson Park Plat 2, Replat 
recorded in Book III of Maps, Page 31 of Maricopa County Records, signed by 
City of Tempe officials.
 
January 30, 1968 
Building permit 18760 was issued for the existing home.
April 4, 1968 
A certificate of occupancy was issued for building permit 18760 for the existing 
home.
December 2002
Historical aerial shows the existing single-family home with a single driveway to 
the carport. See Exhibit 18 for an aerial image of the subject site from the same 
month.
July 9, 2003 
The current owner purchased the home, deed number 20030905898.
November 2004
Historical aerial shows the existing single-family home with two driveways. The 
new driveway leads from the roll curb at right of way leading a livable portion of 
the existing home. See Exhibit 18 for the installation of the secondary parking 
area.

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November 18, 2006
CE066318 case created for front lawn parking of vehicles and trailer. Closed 
12/02/2006.
November 18, 2006
CE072753 case created for front lawn parking of vehicles. Closed 07/12/2007.
November 9, 2007
CE076722 case created for front lawn parking of vehicles. Closed 11/27/2007. 
See Exhibit 21 for a google street view, dated November of 2007, containing an 
image of a vehicle parked in the front yard on a second parking area not allowed 
per City Code Sec 21-3.
November 30, 2007
CE077146 case created for front lawn parking of vehicles. Closed 12/27/2007. 
See Exhibit 18 which contains an aerial image of the second parking area with a 
vehicle on it, which is not allowed per City Code Sec 21-3.
August 18, 2008
CE086215 case created for front lawn parking of vehicles. Closed 09/29/2008.
February 6, 2018
CE180687 case created for front lawn parking of vehicles. Closed 04/27/2018. 
See Exhibit 35 for a google street view image from January of 2018 showing 
vehicles parked in the front yard, one on a driveway not allowed per City Code 
Sec 21-3, and another on the existing landscaping, also in violation of Sec 21-3.
September 13, 2018 CE186469 case created for front lawn parking of vehicles. Closed 10/17/2018.
September 23, 2021 CE215998 case created for front lawn parking of vehicles. Closed 10/21/2021. 
April 21, 2022
CE222601 case created for front lawn parking of vehicles. Closed 05/09/2022. 
See Exhibit 21 for a google street view image from May of 2022 showing 
vehicles parked in the front yard, one on a driveway not allowed per City Code 
Sec 21-3.
January 5, 2023
CE230088 case created for front lawn parking of vehicles. Closed 01/20/2023.
September 9, 2025
The applicant submitted on behalf of the current owner, for this Use Permit 
request to allow a second story addition to an existing single-family residence in 
the R1-6 zoning district for NEVAREZ REMODEL, located at 1616 West 
Fairmont Drive. The applicant is Studio Draft LLC. (PL250322). 
October 2025
Please see Exhibit 38 for a google street view image from October of 2025 
showing the secondary driveway not allowed per City Code Sec 21-3.
February 24, 2026
Development Review Commission scheduled public hearing for this request 
(PL250322).
ZONING AND DEVELOPMENT CODE REFERENCE: 
Section 3-420, Single-Family Residential Second Story Addition or Rebuild
Section 3-505, Discontinuance of a Legal Non-Conforming Use
Section 4-202, Development Standards for Residential Districts
Section 4-602 - General Parking Standards
Section 6-308, Use Permit
CITY CODE REFERENCE: 
Section 21-3, Enumerated Violations