Staff Report

City of El Mirage — Regular Meeting (2020-01-23)

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ZONING APPROVAL 
ZONING APPROVAL 
 APPLICATION REQUEST REVIEW  
 APPLICATION REQUEST REVIEW  
January 23, 2020 
 
 
APPLICANT INFORMATION 
Case: 
PZ19-11-22 
Owner/Applicant: 
Lisa Tonks 
Agent: 
N/A  
Request (s): 
Conditional Use Permit – Detached Accessory Building (Garage) 
 
 
PROPERTY INFORMATION 
Parcel(s): 
501-44-087A 
Address: 
12636 W. Desert Cove Road 
Property History: 
RA Rural Area 
Land Area: 
1.25 ac.  
Building Area: 
3,564   
 
 
ZONING / LAND USES 
Existing Zoning/Land Use: 
RA Rural Area/Signal Family Dwelling 
Proposed Zoning/Land Use: 
RA Rural Area/Signal Family Dwelling 
ARS 28-8481 Zone: 
75 – 80 LDN 
Flood Zone: 
N/A 
  
 
SURROUNDING PROPERTY 
North: 
Single Family Dwelling 
East: 
Single Family Dwelling 
South: 
Single Family Dwelling 
West: 
Single Family Dwelling 
 
 
COMMUNITY SERVICES 
Water: 
City of El Mirage 
Sewer: 
Septic 
Electric: 
APS 
Police: 
1.0 Miles 
Fire: 
2.0 Miles 
 
 
ACCESS  
Road: 
Main Street 
Class: 
Collector  
Improvements: 
Good 
Condition: 
Good 
SCHOOLS 
District: 
Dysart Unified School District 
Elementary: 
Dysart Elementary School 
High School: 
Dysart High School

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STAFF REPORT 
Compliance with General 
Plan: 
The 2010 General Plan designates this area as part of the 
Neighborhoods Planning Area and is compatible with the General Plan 
Land Use Plan but requires an action and recommendation from the 
Planning Commission Board and a final action from Council for the 
project to continue with its development.  
 
Considerations: 
The applicant is requesting a Conditional Use Permit for a Detached 
Accessory Building (Garage) as required by Zoning Code §154.098 
whenever a detached building (garage) exceeds the maximum allowed 
square footage of 1,200 sq. ft. on a parcel of land larger than one acre. 
The applicant intends to use the garage to store her collection of cars.   
 
Per Zoning Code §154.104(E), each property may be allowed one drive 
access for each 100 feet of street frontage. These conditions shall apply 
unless otherwise granted approval by the Planning and Zoning 
Commission. The lot does not meet the requirement to allow a third 
access drive; the applicant is requesting the approval of the third drive 
access from the Planning and Zoning Commission. Staff has no 
objection to this request.  
 
Per Zoning Code §154.098 (C), accessory buildings and garages in 
residential districts shall not exceed the height of the principal structure. 
The applicant has provided documentation for the principal building 
having a maximum height of 15’- 4”, and proposed detached garage 
having a maximum height of 14’-6”.   
 
City Staff received one (1) call from the general public requesting 
information regarding the project.  
  
City Staff Review 
City staff have reviewed the Conditional Use Permit Zoning 
Application and recommends approval with the following stipulations:    
 
Stipulations: 
1. The right to a use and occupancy permit shall be contingent upon the 
fulfillment of all general and special conditions imposed by the 
conditional use permit procedure. 
2. All of the special conditions shall constitute restrictions running with 
the land and shall be binding upon the owner of the land, his or her 
successors or assigns. 
3. All conditions specifically stated under any conditional use listed in 
this chapter shall apply and be adhered to by the owner of the land, 
his or her successors or assigns. 
4. All of the special conditions shall be consented to in writing by the 
applicant.

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5. The proposed detached accessory garage shall not generate noise, 
vibrations, and odors that many become a nuisance to the general 
public.  
6. No expiration date of the Conditional Use Permit is being proposed 
by staff; however failure to meet and maintain these stipulations will 
result in revoking the Conditional Use Permit. 
 
Planning Commission 
 
Recommended approval of the Conditional Use Permit at the 
December 10, 2019, Public Meeting/Hearing with a 5-0 vote with the 
addition of the following stipulation; 
1. That property should be prevented from being converted into a 
business. 
 
The applicant, Mrs. Tonks had no objection to the additional 
stipulation. 
 
Council  
Staff is seeking a final action.  
 
Attachment 
TAC Comments, Application Packet