DRC_STAFF REPORT_OWENS RESIDENCE_022426.DOCX

PL250444 – OWENS RESIDENCE 
Page 1
February 24, 2026
STAFF REPORT
OWENS RESIDENCE (PL250444)
PROJECT DATA
Project Address
27 West Duke Drive 
Property Owner
John Owens
Applicant
John Owens, Integrated Inspections
Zoning District
R1-6, Single-Family Residential
Gross / Net Site Area
.19 acres
Density
1 dwelling unit (4du/ac maximum allowed)
Total Bedrooms
5 bedrooms
Total Building Area
2,527 s.f.
Accessory Building Height
17’4’’ (30’ maximum allowed)
Lot Coverage
25% (45% maximum allowed)
Accessory Building Setbacks
5’ west side, 9’ rear (9’, 9’ min.)
Vehicle Parking
2 spaces (2 min. required)
COMMENTS:
This site is located in a cul-de-sac on Duke Drive, southwest of the major intersection of Baseline 
Road and Mill Avenue  
on Lot 731 within the University Royal Unit 2 Subdivision, located in the R1-6, Single-Family zoning 
district, and the Kiwanis Character Area 7. There are residential uses adjacent to the north and east. 
Kiwanis Park abuts the property at the south property line and to the west. 
The Owens Residence is a two-story single-family residence consisting of five bedrooms, three 
bathrooms, and a covered patio. The home was constructed in 1973 as a single-level residence with a 
carport. Two Building Permits are on record for the subject property. A Building Permit issued in 1977 
authorized a second-story addition and a covered patio. A separate Building Permit issued in 2024 
authorized enclosure of the carport and interior remodels. 
The property is owner-occupied. The property owner proposes construction of an 18-foot-tall, 
detached accessory building in the rear yard of the single-family property. According to the applicant, 
the proposed accessory building would be used as a garage to limit the number of vehicles parked in 
the driveway. 
Per Section 3-401.C of the Zoning and Development Code (ZDC), an accessory building is described 
as a building that exceeds “two hundred square feet in area or eight feet in height”. The required 
setbacks are a minimum of three feet from all side and rear property lines. An additional one-foot 
setback is required for every additional foot in height above nine feet, up to 15 feet in height. 
Accessory buildings exceeding 15 feet in height are subject to a Use Permit. Additionally, the required 
setback standards for accessory buildings can be reduced, subject to the approval of a Use Permit 
Standard. 
A 9-foot setback is required for detached accessory building heights 15 feet and above. The submitted 
plans reflect a 17-foot 4-inch-tall accessory building setback 9 feet from the rear (south) property line, 
and five feet from the side (west) property line. The applicant is requesting a Use Permit Standard to 
reduce the (west) side setback from 9 feet to 5 feet, which is the minimum setback for the primary 
residence on the site and a Use Permit to allow an 18-foot-tall, detached accessory building. The 
allowed building height in the R1-6 zoning district is thirty feet, and the primary residence is two-story.

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February 24, 2026
Existing entitlements for this property that will remain in effect are: existing two-story house 
constructed prior to the requirement for a Use Permit for second story. 
The applicant is requesting the Development Review Commission take action on
ZUP26006 
Use Permit Standard to reduce the side setback for an accessory building from nine 
feet to five feet
ZUP26003
Use Permit to allow an 18-foot-tall accessory building in the rear yard
PUBLIC INPUT
As of the writing of this staff report, no public comment was received.
USE PERMIT STANDARD
The proposed use requires a Use Permit Standard to reduce the (west) side setback for an accessory 
building from 9 feet to 5 feet within the R1-6, Single-Family zoning district. The required setbacks for 
accessory buildings 15 feet and above is nine feet and can be reduced subject to approval of a Use 
Permit Standard. The proposed accessory building is 18-feet in height. 
Section 6-308(E) Approval criteria for Use Permit (in italics): 
1.
Any significant increase in vehicular or pedestrian traffic. The carport was converted to livable 
space, thus dissolving parking on the property. The detached accessory building will be used as a 
garage in the rear yard of the residence, serving the same purpose as a front-yard carport or 
garage and should not increase vehicle or pedestrian traffic. 
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 proposed use of the detached accessory building 
as a garage will not create nuisances such as emissions of odor, dust, gas, noise, vibration, 
smoke, heat, or glare beyond ambient levels, given that it will be used in the same capacity as the 
formerly existing carport. 
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. Allowing a reduction in the 
setbacks for the proposed accessory building facilitates reinvestment in the property, consistent 
with the policies aimed at maintaining the condition and value of existing housing stock in the 
Housing Element of the General Plan.  
4.
Compatibility with existing surrounding structures and uses; Most of the surrounding residences 
have garages or carports used for their primary parking 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; Approval of the Use Permit Standard is not 
anticipated to result in a nuisance, as the detached accessory building will be used solely as a 
garage, consistent with the function of garages and carports associated with other residences in 
the surrounding neighborhood. 
USE PERMIT 
The proposed use requires a Use Permit to allow an 18 foot tall accessory building in the rear yard 
within the R1-6 zoning district. The proposed accessory building exceeds the permitted 15 feet height. 
Accessory buildings exceeding 15 feet are subject to Use Permit approval.  
Section 6-308(E) Approval criteria for Use Permit (in italics): 
1.
Any significant increase in vehicular or pedestrian traffic. Allowing the accessory building to

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February 24, 2026
exceed the maximum height will not adversely impact circulation or traffic conditions as the 
structure will function as a garage for residential parking. Use of the garage would limit the total 
amount of cars in the driveway and on-street parking. 
2.
Nuisance arising from the emission of odor, dust, gas, noise, vibration, smoke, heat or glare at 
a level exceeding that of ambient conditions. An increase in building height is not expected to 
result in emissions of odor, dust, gas, noise, vibration, smoke, heat or glare at a level 
exceeding that of ambient conditions, as the land use on the property will remain residential in 
nature. 
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. This proposal is not 
expected to contribute to the downgrading of property values as such addition is an investment 
in the property.
4.
Compatibility with existing surrounding structures and uses. While it does not appear adjacent 
neighbors have detached accessory building used for parking in the rear yard, there is a 
residence with an accessory structure in the rear yard within 100 feet of the subject property. 
5.
Adequate control of disruptive behavior both inside and outside the premises which may create 
a nuisance to the surrounding area or general public. Approval of the height increase for the 
proposed accessory building will accommodate parking on site as result of the owner’s home 
improvements.
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 and 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 and Use Permit Standard are 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 and Use Permit Standard are 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 and 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 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.

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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.

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 30, 1969 
The property was annexed into the City of Tempe.
May 10, 1973
The Building Safety Division issued a building permit to construct the single-
story single family residence.
June 9, 1977
The Building Safety Division issued a building permit for a second-story and 
patio cover.
March 15, 2024
The Building Safety Division issued a building permit for interior remodeling, a 
second-story bathroom addition, and to enclose the carport. 
February 24, 2026 
The Development Review Commission is scheduled to hear a request for a Use 
Permit to reduce the side setback for an accessory building from 9 feet to 5 feet 
and a Use Permit to allow an 18-foot tall accessory building in the rear yard a 
R1-6 single-family residence.
ZONING AND DEVELOPMENT CODE REFERENCE:
Section 3-401, Accessory Buildings, Uses and Structures
Section 4-201(A), Use Permit Standard
Section 4-202, Development Standards for Residential Districts
Section 6-308, Use Permit