Narrative

Benjamin W. Graff 
Direct: (602) 229-5683 
E-Mail: Benjamin.Graff@Quarles.com  
 
Renaissance One 
Two North Central Avenue 
Phoenix, Arizona 85004-2391 
602.229.5200 
Fax 602.229.5690 
www.quarles.com 
Attorneys at Law in 
Chicago 
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Washington, D.C. 
February 22, 2022 
 
City of Glendale 
Board of Adjustment 
5850 West Glendale Avenue, Suite 212 
Glendale, Arizona 85301-2599 
 
Re: 
Narrative for a Variance Request on behalf of Habitat for Humanity Central Arizona 
(the "Applicant"): 7409 N. 61st Avenue, Glendale, Arizona 85301, Maricopa 
County Assessor's Parcel No. 143-43-099A (the "Property"). 
 
Dear Board of Adjustment: 
 
Quarles & Brady LLP, on behalf of Habitat for Humanity Central Arizona (the “Applicant” 
or "Habitat") hereby submits this application for variances from the Glendale Code of Ordinances 
(the "Ordinance") Section 5.449, to allow the necessary relief to create three lots and construct 
three single-family, affordable homes on the site located at 7409 N. 61st Avenue, Glendale, 
Arizona 85301, Maricopa County Assessor's Parcel No. 143-43-099A (the "Property"). See Aerial 
and Zoning Maps Attached at Tab A.  
 
The proposed development is compatible with the area, as it is surrounded by other 
similarly sized lots with homes, and other nearby single-family and multi-family residences. This 
application is also motivated by Habitat's mission as a non-profit and is not self-imposed since the 
intent of the proposal is to meet a critical, affordable housing need. 
 
I. 
Introduction 
 
Habitat is a non-profit with the goal of providing safe, affordable housing to the working 
poor and eliminating substandard housing. Habitat has already built, renovated and repaired in 
excess of 3,158 homes in the metro Phoenix area as well as Pinal County (e.g. Avondale, Apache 
Junction, Chandler, Gilbert, Guadalupe, Glendale, Mesa, Peoria, Phoenix, Surprise, Tempe, 
Arizona City, Casa Grande). Habitat's homes are built and renovated with energy efficiency in 
mind, are provided to stable, working families who are legal residents, and who exhibit a 
documented need for affordable housing in Arizona. 
 
The Property is a vacant lot located on the northeast corner of Gardenia Avenue and 61st 
Avenue.  According to our research with City Staff, the Property has no prior rezoning cases, 
stipulations, variances, use permits, or design review applications. See Email from City Staff dated

Page 2 
November 1, 2021 Attached at Tab B. According to Maricopa County Historical Aerials, the 
Property has been vacant since sometime between 2004 and 2006, which is over 16 years ago. The 
Property is zoned Mixed Residence ("R-2") and is adjacent to other residential homes within the 
R-2 to the north, east, and south, and adjacent to Multiple Residence ("R-3") zoning to the west. 
The vacant lot currently shares walls along the northern and eastern Property lines with other 
residential homes. See Zoning and Historical Aerial Maps Attached at Tab A. 
 
II. 
Variance Requests 
 
The purpose of the Applicant's request is to allow the reasonable use of this oversized lot 
for affordable housing by requesting relief from certain development standards due to the unique 
circumstances applicable to the Property. The Applicant seeks the following variance requests: 
 
1. Variance to reduce the minimum net lot area to 5,688 square feet. Minimum 10,000 feet 
required. (Section 5.449.Table 2); 
 
2. Variance to reduce the minimum lot width to 50 feet. Minimum 60 feet required. (Section 
5.449.Table 2); 
 
3. Variance to reduce the setbacks to 15 feet for the rear setback, 10 feet for the street side 
setback, 10 feet for the west side setback, and 5 feet for the east side setback from a 20-
foot perimeter setback. Minimum 15 feet required. (Section 5.449.Table 2) 
 
See Section 5.449.Table 2 of the Glendale Zoning Ordinance Attached at Tab C. 
 
III. 
The Requests Meet All Variance Criteria 
 
1. There are special circumstances or conditions applicable to the property including its 
size, shape, topography, location, or surroundings which were not self-imposed by the 
owner; 
 
There are, at a minimum, five special circumstances which apply to the Property: 
 
i. 
With the exception of the Applicant's 17,591 square foot net lot area and the church 
located south of the Property, all lots (27 lots total) located in this R-2 block area 
have net lot areas between 4,050 and 8,366 square feet, which all fail to meet the 
minimum net lot area for R-2 of 10,000 square feet. Therefore, the outlying size 
and orientation of this lot is a special circumstance when compared to the standard 
lot size in the area. 
 
ii. 
Similarly, with the exception of the Applicant's 155' wide lot and the one lot directly 
across the street, all lots (19 lots total) along Gardenia Avenue have lot widths 
ranging from 50' to 54'.

Page 3 
iii. 
According to Maricopa County Assessor aerial exhibits, it also appears the majority 
of the residential homes, and even the church's northern buildings, located in this 
R-2 block area do not appear to meet the 15' perimeter setback as outlined in R-2 
standards. See Plat and Close Up Aerial Exhibit Attached at Tab D. 
 
iv. 
It is also a special circumstance that while the far majority of lots along Gardenia 
Avenue were established at less than a 60' lot width as required by the Ordinance, 
it appears not a single existing lot has been approved for a reduced lot width 
variance, thereby placing the Applicant in a situation where only the Applicant, and 
the Applicant alone, is required to apply for the subject variance request in order to 
match the size and style of adjacent and surrounding lots and corresponding homes. 
This is unquestionably a hardship applicable only to the Applicant, Applicant's lot, 
and the Applicant's property rights. 
 
v. 
The Property is vacant and appears to have been vacant since at least 2006 
according to Maricopa County Historical Aerials. See Historical Aerials 2006 and 
2004 Attached at Tab A. The development would enhance the neighborhood and 
would clearly qualify as a beneficial infill development. Additionally, no other 
residential lot along this street is vacant.  The abnormal size and location of the lot 
has not allowed for development.  However, the variances will allow for this vacant 
lot to be transformed into three affordable homes for families. 
 
Almost all the existing lots along Gardenia Avenue fail to meet the underlying R-2 net lot 
area, lot width, and setback requirements, placing the Applicant's lot in a very unique 
situation not caused by the Applicant. Approval of the requested variances will actually 
bring the subject Property, and the corresponding split lots, into conformance with the 
surrounding area and similarly situated lots in the R-2 zoning area. Granting the variances 
will allow the Applicant the same privileges received by surrounding property owners. 
 
2. Due to the special circumstances, the strict application of the Zoning Ordinance 
would deprive the property of privileges enjoyed by other properties in the same 
classification in same zoning district; 
 
As stated above, the strict application of the Ordinance would deprive the Applicant's 
privileges and rights on the Property. Several properties in the same R-2 zoning within the 
neighborhood have similar lot areas, lot widths, and setbacks as proposed by the Applicant.  
The variances would allow the Applicant to develop harmoniously with the surrounding 
neighborhood, develop an infill development which has been vacant for over 15 years, and 
also provide an important service for affordable housing to families in need. 
 
3. The variances are the minimum necessary to alleviate the property hardship; and 
 
The Applicant is only proposing variances which will bring these new lots into 
conformance with the surrounding lots and area.  The variances are the minimum necessary

Page 4 
to bring the lots into conformance.  The variances are also the minimum necessary to create 
affordable housing identical in character to the homes which exist in the area. The 
Applicant meets all other R-2 development requirements and will be abiding by the 15' 
building setback in the front and rear of the lots. 
 
4. Granting the variances will not have a detrimental effect on the property, adjoining 
property, the surrounding neighborhood, or the City in general. 
 
Granting the variances will not have a detrimental effect on the Property or surrounding 
community. The existence of smaller lots, lot widths, and setbacks appear to be the 
character of the neighborhood and demonstrates there is no detrimental impact to the 
surrounding neighborhood or property values as a result of the proposed lot size and 
setbacks. In fact, the removal of vacant land which can be susceptible to vagrancy and litter 
will provide a significant benefit to the surrounding community. If the variances are 
granted, the Applicant will be able to eliminate a currently vacant site and develop these 
lots with affordable homes, which will be a benefit to the community and families in need. 
The homes will be provided to stable, working families who are legal residents, have good 
credit, with Area Median Income's (AMI''s) in the 30% to 80% range. The Applicant is a 
highly reputable non-profit dedicated to providing safe homes to the working poor and 
eliminating substandard housing, which can only be beneficial to the area. The existing 
vacant site, if left unimproved, will be far more detrimental to the surrounding 
neighborhood and adjacent homes. 
 
IV. 
Conclusion 
 
The Applicant has provided ample evidence of special circumstances applying to the 
Property, which do not apply to surrounding, smaller lots in the area. The variances will allow the 
Applicant the same privileges received by surrounding property owners, allow the Applicant to fill 
a vacant lot which has been vacant for over 15 years, and develop three, single-family affordable 
homes for working families in need. 
 
Please feel free to contact me at Benjamin.Graff@Quarles.com or 602.229.5683 if 
Glendale Planning and Development Staff have any questions or comments. 
 
 
 
 
 
 
 
 
Sincerely yours, 
 
 
 
 
 
 
 
QUARLES & BRADY LLP 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Benjamin W. Graff 
 
Enclosure: Application Exhibits and Materials

TAB A

APN: 143-43-099A
7409 N 61ST AVE, GLENDALE, AZ 85301
AERIAL MAP

APN: 143-43-099A
7409 N 61ST AVE, GLENDALE, AZ 85301
AERIAL MAP

APN: 143-43-099A
7409 N 61ST AVE, GLENDALE, AZ 85301
ZONING MAP
R-2: MIXED RESIDENCE
R-3
C-2
M-1
M-1
R-2
R1-6
C-O
R-O
R-3
R-2
C-O
R-O
PAD

APN: 143-43-099A
7409 N 61ST AVE, GLENDALE, AZ 85301
SPECIAL PLANNING AREA
GLENDALE CITY CENTER MASTER PLAN

APN: 143-43-099A
7409 N 61ST AVE, GLENDALE, AZ 85301
GENERAL PLAN

APN: 143-43-099A
7409 N 61ST AVE, GLENDALE, AZ 85301
OCOTILLO COUNCIL DISTRICT – COUNCILMEMBER JAMIE ALDAMA

APN: 143-43-099A
7409 N 61ST AVE, GLENDALE, AZ 85301
PHOTOGRAPHIC ELEVATIONS

APN: 143-43-099A
7409 N 61ST AVE, GLENDALE, AZ 85301
HISTORIC AERIAL - 2006

APN: 143-43-099A
7409 N 61ST AVE, GLENDALE, AZ 85301
HISTORIC AERIAL - 2004

TAB B

From:
Graff, Benjamin W. (PHX x3083)
To:
Jung, Crissy (PHX x3096)
Subject:
FW: Public Records Request No. 3933
Date:
Monday, November 1, 2021 4:30:57 PM
Attachments:
3933_6553_Original Application.pdf
3933_6554_Fw_ MLD20-13 7409 N. 61st Avenue Review_Redacted.pdf
3933_6555_FIRST TEAM REVIEW.pdf
125EvergreenEmailSignature_a6b3add9-9dae-435d-970f-4c0911565efe.jpg
Benjamin W. Graff / Partner
Zoning and Land Use 
Benjamin.Graff@quarles.com / LinkedIn BIO vCard 
Quarles & Brady LLP 
One Renaissance Square, Two North Central Avenue, Suite 600 / Phoenix, AZ 85004-2322 
Office 602-229-5683 / quarles.com 
Assistant Amy Gallagher (602) 229-5221 
VISIT our COVID-19: Guidance for Clients page for the latest updates from Q&B attorneys
From: donotreply@glendaleaz.com <donotreply@glendaleaz.com> 
Sent: Monday, November 1, 2021 4:27 PM
To: Graff, Benjamin W. (PHX x3083) <Benjamin.Graff@quarles.com>; kbenavidez@glendaleaz.com;
jknoll@glendaleaz.com
Subject: Public Records Request No. 3933
Dear Mr. Graff, 
Thank you for your record request. The Planning Department found no record of any rezoning cases,
stipulations, variances/use permits, or design reviews. However, there is a record of an MLD (Minor
Land Division) on the property. The Engineering Department has provided documents related to this.
If you have any questions, please feel free to contact the Records Center at 623-930-2236.
Thank you, 
Glendale Records Center 
Property Address: 7409 N. 61st Avenue, Glendale, AZ 85301; Parcel No. 143-43-099A; NEC of 61st
Avenue and Gardenia Ave
CONFIDENTIALITY NOTICE: This electronic mail transmission and any attachments are confidential and may be
privileged. They should be read or retained only by the intended recipient. If you have received this transmission in
error, please notify the sender immediately and delete the transmission from your system.

TAB C

10/29/21, 2:32 PM
Glendale, AZ Code of Ordinances
1/1
5.449 - Parking.
See Section 7.400.
(Ord. No. 1772, 6-23-93)
Table 2
Multiple Residence Districts Development Standards
District
Min.
Net
Lot
Area
Min.
Width
Min.
Depth
Min.
Perimeter
Setback
Max.
Density
Gross
Acre
Min.
Open
Space
%
Max.
Structure
Ht.
Max.
%
Lot
Coverage
R-2
10,000
60
94
15
12
30
30
50
R-3
6,000
60
94
20
16
30
30
50
R-4
6,000
60
94
20
20
30
30
50
R-5
43,560
N/A
N/A
20
30
25
48
55
1—Two story maximum for principal buildings, refer to Section 7.300 for accessory buildings.
2—Four story maximum for principal buildings, refer to Section 7.300 for accessory buildings.
3—Setbacks increase 1 foot to 1 foot ratio for buildings over 20 feet.
4—Setbacks increase 6 inches per one (1) foot in height over 20 feet.
(Ord. No. 1772, 6-23-93)
2
3
1
3
1
3
1
4
2

TAB D