Staff Report

City of El Mirage — Regular Meeting (2021-07-08)

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ZONING APPROVAL 
 APPLICATION REQUEST REVIEW  
July 8, 2021 
 
 
APPLICANT INFORMATION 
Case: 
PZ21-05-15 
Owner/Applicant: 
Jesse Ramirez  
Agent: 
Matthew Rubel / Southwest Buildings 
Request (s): 
Conditional Use Permit / Detached Garage  
 
 
PROPERTY INFORMATION 
Parcel(s): 
501-44-022F 
Address: 
12744 W. Desert Cove Road 
Property History: 
Single Family Residential  
Land Area: 
2.88 ac. 
Building Area: 
4,731 sq. ft. 
 
 
ZONING / LAND USES 
Existing Zoning/Land Use: 
Rural Area / Single Family Residential   
Proposed Zoning/Land Use: 
Rural Area / Single Family Residential   
ARS 28-8481 Zone: 
75 LDN 
Flood Zone: 
N/A 
  
 
SURROUNDING PROPERTY 
North: 
Rural Area / Single Family Residential   
East: 
Rural Area / Single Family Residential   
South: 
Rural Area / Single Family Residential   
West: 
Rural Area / Single Family Residential   
 
 
COMMUNITY SERVICES 
Water: 
El Mirage  
Sewer: 
El Mirage 
Electric: 
APS 
Police: 
2.5 Miles 
Fire: 
1.5 Miles 
 
 
ACCESS  
Road: 
Desert Cove Road 
Class: 
Local  
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.  
 
City Zoning/Land Use 
Per Zoning Code §154.098.D. lots one acre or larger, the 
maximum floor area for an accessory buildings or garages shall 
not exceed 1,200 square feet without a conditional use permit. 
The applicant is requesting a conditional use permit for a 5,000 sq. 
ft. detached garage.  
 
Considerations: 
The 2.88-acre low density property is located on Desert Cove 
Road between 127th Ave and 129th Ave. The applicant would like 
to build a 5,000 sq. ft. (50’ x100’) detached building to be used as 
a garage to store vehicles. The building will be constructed of 
pre-engineered metal and will be placed at the northeast corner 
of the 125,335 sq/ft lot situated 130 feet south of the north 
property line and 15 feet west of the east property line. Access to 
the structure will be provided from the north end of the property. 
The proposed building location is currently on an un-improved 
section of the property on a flat dirt area.  There are no plans, in 
the scope of this project, to include sewer, water, electricity, 
internal framing, or air conditioning.   
  
City Staff Review 
Staff has reviewed the zoning application and has no objections 
to the request but has the following stipulations.  
 
Stipulations: 
1. The applicant shall address the review comments stated in 
the June 2, 2021, Memorandum with the submittal of 
construction and civil plans.   
2. The applicant and/or property owner shall consent in 
writing to the follow Conditional Use Permit conditions: 
a. 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. 
b. All 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. 
c. All conditions specifically stated under any 
conditional use listed in Zoning Code Chapter

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154 shall apply and be adhered to by the 
owner of the land, his or her successors or 
assigns. 
d. All the special conditions shall be consented to 
in writing by the applicant. 
e. The proposed Detached Garage shall not 
generate noise, vibrations, and odors that may 
become a nuisance to the general public.  
f. The detached accessory building shall not be 
used as a dwelling or industrial use.  
g. 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 with a 4-0 vote at the June 8, 2021, 
Public Hearing.  
 
Council  
Staff is seeking a final action.  
 
Attachment 
Application Packet