07.SU250040 PZ Staff Report

Maricopa County — Planning & Zoning (2026-05-07)

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SU250040 
Page 1 of 7 
 
 
Report to the Planning and Zoning Commission 
Prepared by the Maricopa County Planning and Development Department 
 
 
Case: 
SU250040 – Dunch Automobile Repair  
 
 
 
 
 
Hearing Date: 
May 7, 2026 
 
Supervisor District: 
4 
 
 
  
 
Applicant: 
Ashley Marsh, Gammage & Burnham   
 
Owner: 
David Dunch  
   
Request: 
Special Use Permit (SUP) for home-based automotive repair business in 
the Rural-43 zoning district 
 
  
 
Site Location: 
Generally located 320’ west of 107th Ave. between Tessmer Rd. & Williams 
Rd. in the Peoria area 
 
  
Site Size: 
Approximately 1 Acre (44,709 sq. ft.) 
 
Density: 
N/A 
 
County Island:  
Yes (Peoria / Surprise)  
 
 
County Plan: 
White Tank Grand Ave Area Plan – Single Family Transitional Lot 
 
Municipal Plan: 
City of Peoria – Traditional Residential  
 
Municipal Comments: 
None received to date  
 
Support/Opposition: 
3 letters of support  
 
Recommendation: 
Approve with conditions

SU250040 
Page 2 of 7 
Project Summary: 
 
1. 
The applicant is requesting a Special Use Permit (SUP) to continue operating an automotive repair 
business on the same parcel as his existing residence. The site is located  in the Rural-43 zoning 
district an approximately 1-acre residential parcel located off the western side of 107th Ave. south 
of the Pinnacle Peak Parkway alignment in the Peoria area. The parcel is bordered on the south 
by a vacant Arizona State Land Department (ASLD) parcel and bordered to the west by SRP high 
power lines. The northern neighbor runs a marine automotive repair and a single-family residence 
is located to the east of the subject parcel.  The parcel has a wireless communications facility 
(WCF) located in its southwest corner. The WCF was originally approved under Z2009015 on 
March 10, 2010 and was subsequently upgraded with approvals in 2011 (Z2011112), 2013 
(Z2013069) and 2022 (Z2021177).  
 
2. 
The parcel is located on the top of a raised ‘bluff’ that is the river terrace along the east side of 
the Agua Fria river. The presence of an  elevation difference from the river and the high-power 
electric transmission line creates a natural barrier to potential development west of the parcel. 
This is one of seven parcels located in a small triangular-shaped area formed by the -power lines 
and 107th Ave. The seven parcels to the north are located outside of the City of Peoria and are all 
engaged in commercial, industrial or agricultural uses either primary uses or accessory to 
residential use.  
 
3. 
The automotive repair business is an existing use which received a temporary use permit (TUP) 
in 2023 under TU2023010 for a period of two years. The TUP was intended to seek an exit from 
the site or longer-term zoning entitlement. The owner attempted to coordinate rezoning of the 
seven parcels with those respective property owners, but no such rezoning application was ever 
submitted. The TUP expired on February 28, 2025. A violation case was opened for continued 
unpermitted operation after the expiration of the TUP on August 13, 2025. This SUP application 
was subsequently submitted on November 19, 2025 for the subject parcel only.  
 
4. 
The owner / resident is the only employee and sole operator of the automobile repair business. 
The location is by appointment only and generally open and operational only during daylight 
hours. All repair is done inside the enclosed garage. There is no business signage and it is not 
open to the general public.  
 
5. 
The site has three designated areas for customer parking and excess vehicle storage. Due to the 
operational confines of a single employee run business and automotive repair parts sourcing  
issues, cars are continuously rotating storage locations throughout the property. Parking and 
automotive storage areas allow operational flexibility over traditional striped parking spaces. The 
site is currently screened and fenced with a combination of CMU walls and chain-link fencing. A 
CMU wall exists on the eastern portion of the parcel separating and screening the front of the 
parcel and the neighbor to the east. The north and south parcel boundaries are fenced with a 4’ 
high chain link fence which is damaged along the southern boundary.

SU250040 
Page 3 of 7 
Aerial photo of subject site 
 
 
 
Aerial image & surrounding environs

SU250040 
Page 4 of 7 
 
Eagle view of subject site looking north into subject parcel (aerial image dated October 2021).  
 
 
 
Site Plan 
 
 
 
Existing On-Site and Adjacent Zoning / Land Use: 
 
6. 
On-site: 
 
Rural-43 / Residential – WCF facility  
North: 
Rural-43 / Residential – Jet Ski Repair   
South: 
Rural-43 / AZ State Land Department Parcel – Vacant  
East: 
Rural-43 / Residential  
West: 
Rural-43 / SRP High Power Lines

SU250040 
Page 5 of 7 
Zoning District map 
 
 
Utilities and Services: 
 
7. 
Water: 
 
Well 
Wastewater: 
Septic 
Fire: 
North County Fire & Medical 
Police:  
Maricopa County Sheriff's Office 
 
Right-of-Way: 
 
8. 
The following table includes existing and proposed half-width right-of-way and the future 
classification based upon the Maricopa County Department of Transportation (MCDOT) Major 
Streets and Routes Plan.   
 
Street Name 
Half-width Existing R/W 
Half-width Proposed R/W 
Future Classification 
107th Ave  
48’ 
48’ 
Principal Arterial  
 
The applicant received a waiver from MCDOT. The proposed use has not resulted in the need for 
future right-of-way dedication or improvements.   
 
Adopted Plan: 
 
9. 
White Tank / Grand Ave Area Plan (Updated 2023): The parcel is designated as ‘single family 
transitional lot’ which allows density with 3-5 dwelling units per acre.

SU250040 
Page 6 of 7 
10. 
City of Peoria – General Plan 2040 (Updated 10/30/2024): This area is listed as ‘Traditional 
Residential’ which is a single-family residential area with density of 2-5 dwelling units per acre.    
 
Public Participation Summary: 
 
11. 
The applicant has met all required public participation requirements for the application. A letter 
was mailed out to all property owners within 300’ of the subject parcel. Two signs were posted 
on the property in accordance with Maricopa County notification requirements. The applicant 
provided three letters of support from local residents indicating a need for the use in the 
community.  
 
Outstanding Concerns from Reviewing Agencies: 
 
12. 
The Arizona State Land Department reached out for additional information on the case but has 
not provided any comment.  
 
Staff Analysis: 
 
13. 
Staff supports the SUP request. The previously approved TUP allowed the owner to provide a 
‘proof of concept’  which he operated for two years with no new zoning violation complaints or 
known issues. The use of the parcel is similar to neighboring properties with commercial, 
industrial or agricultural operations. The immediate neighborhood is physically separated from 
any proximate moderate-density residential neighborhoods. The parcel to the south is ASLD land 
and currently vacant. Staff proposes improvements to the southern fencing to provide a minimum 
6’ chain-link fence with view slats for additional visual screening to the ASLD parcel and 107th 
Ave.  
 
Recommendation: 
 
14. 
Staff recommends the Commission adopt a motion recommending that the Board of Supervisors 
approve SU250040 subject to the following conditions ‘a’ – ‘i’: 
 
a. 
Development of the site shall be in substantial conformance with the Site Plan entitled 
“Dunch Property SUP Application“, consisting of 1 full-size sheet, dated January 30, 2026, 
except as modified by the following conditions. Staff may determine slight refinements to 
remain in substantial conformance with the approved site plan.  Minor and major 
amendments to the site plan will be determined in accordance with Chapter 3 of the 
Maricopa County Zoning Ordinance. 
 
b. 
Development of the site shall be in substantial conformance with the Narrative Report 
entitled “Special Use Permit Narrative”, consisting of 26 pages, dated March 2026, except 
as modified by the following conditions. 
 
c. 
This special use permit is valid for a period of 10 years and shall expire on June 10, 2036, 
or upon termination of the use for a period of 90 or more days, whichever occurs first. All 
site improvements associated with the special use permit shall be removed within 90 days 
of such expiration or termination of use.   
 
d. 
The following SUP conditions shall apply: 
1. Minimum Screening: 6’ chain link fencing with view slats or screening materials along 
southern parcel boundary.

SU250040 
Page 7 of 7 
2. Minimum Paving: Dust control measures as approved by the Maricopa County Air 
Quality Department 
 
e. 
The following Engineering condition shall apply: 
1. Engineering review of planning and/or zoning cases is for conceptual design only. All 
development and engineering design shall be in conformance with Section 1205 of 
the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain 
Regulations for Maricopa County; MCDOT Roadway Design Manual; and current 
engineering policies, standards and best practices at the time of application for 
construction. 
 
f. 
Within one (1) year of Board of Supervisor Approval, the applicant shall obtain any required 
commercial Building Permits as applicable for commercial uses pertaining to the Special 
Use Permit.   
 
g. 
Prior to issuance of a building permit and certificate of occupancy, written confirmation 
will be required from the emergency fire protection jurisdiction having authority that the 
site has been designed in accordance with their regulations and requirements, and that 
emergency fire protection service will be provided to the site. 
 
h. 
Noncompliance with any of the conditions assigned to the approval of this Special Use 
Permit by the Maricopa County Board of Supervisors may be grounds for revocation in 
accordance with the requirements and procedures as set forth in the Maricopa County 
Zoning Ordinance.  
 
i. 
The granting of this change in use of the property has been at the request of the applicant, 
with the consent of the landowner.  The granting of this approval allows the property to 
enjoy uses in excess of those permitted by the zoning existing on the date of application, 
subject to conditions.  In the event of the failure to comply with any condition, and at the 
time of expiration of the Special Use Permit, the property may be considered for revocation  
to the zoning that existed on the date of application.  It is, therefore, stipulated and agreed 
that either revocation due to the failure to comply with any conditions, or the expiration of 
the Special Use Permit, does not reduce any rights that existed on the date of application 
to use, divide, sell or possess the property and that there would be no diminution in value 
of the property from the value it held on the date of application due to such revocation or 
expiration of the Special Use Permit.  The Special Use Permit enhances the value of the 
property above its value as of the date the Special Use Permit is granted and reverting to 
the prior zoning results in the same value of the property as if the Special Use Permit had 
never been granted. 
 
 
 
Presented by: 
Andrew Lorentzen, Planner 
Reviewed by: 
Rachel Applegate, Planning Supervisor 
 
Attachments: 
Case Map (1 page) 
 
Site Plan (1 page) 
 
Narrative Report (28 pages) 
 
Engineering comments (1 page)  
 
MCDOT comments (1 page) 
 
MCESD comments (2 pages) 
 
Support Letters (3 pages)

/
Maricopa County Planning & Development - Phoenix, AZ
4
Gross Acres: 1 approx.
Generated April 22, 2026 3:47 PM
SU250040
Application Name:
Legal Description
Dunch Automobile Repair
Applicant
Case Address
4N 1E 18
Ryan Garofalo
23004 N 107TH AVE
Applicant Phone/Email
Parcel Primary:200-11-254
(602) 256-4474
SUN CITY, AZ 85373
Map scale 1:853
Supervisor District No.
Special Use Permit to allow for continued operation of an automobile repair business within Rural-43

DUNCH PROPERTY 
SUP APPLICATION 
23004 N 107TH AVE 
SUN CITY, AZ 85373 
A-1.1
1
SPECIAL USE PERMIT  
          SU250040 
11/19/25
1ST SUBMITTAL
1/30/26
2ND SUBMITTAL
1
PAD (Peoria)
WCF Area
Case # Z2021177
SUP TO ALLOW AUTO REPAIR FROM RESIDENCE 
20' ACCESS EASEMENT PER PK 498, PAGE 5 MCR 
1) SITE LIGHTING WILL BE IN CONFORMANCE WITH 
MCZO 
2) ANY FUTURE SIGNAGE WILL BE IN 
CONFORMANCE WITH MCZO 
SITE NOTES 
COVERED STRUCTURE 
12' +/-
50' +/- 
65'- 2" +/-
20' +/-
43'-6" +/-
40' S/B
40' S/B 
20' S/B
20' S/B
50' +/-
12' +/-
Customer Parking Area 
PARKING AREA 
PARKING AREA 
Please provide a
engineered
stamped site plan.

SPECIAL USE PERMIT NARRATIVE 
23004 N. 107th Avenue 
APN- 200-11-254 
 
Generally located South of the Southwest corner of 107th Avenue and Pinnacle Peak Road 
Case No. SU250040 
Original Submittal: November 19, 2025 
Second Submittal: March 11, 2026 
Gammage & Burnham PLC / Ashley Z. Marsh & Michelle Santoro  
amarsh@gblaw.com & msantoro@gblaw.com

OVERVIEW OF PROPOSAL 
David Dunch (the “Applicant”) is the owner of the 
property located at 23004 N. 107th Avenue (the 
“Property” or “Site”), as highlighted in the aerial 
image to the right (Maricopa County parcel number 
200-11-254) The Property is approximately 1-acre, 
zoned RU-43, and contains one structure and a 
wireless communication facility permitted under a 
separate Special Use Permit (Z2021177). Access to 
the Property is provided by an easement extending 
from 107th Avenue. For several years Mr. Dunch has 
operated an automotive repair business out of his 
residence and desires to continue operations. 
The subject Property is located in the continuously 
rapidly growing northwest area of the valley, south 
of Pinnacle Peak Road and west of 107th Avenue, in the Peoria area. As shown on the attached exhibits, 
the immediate surroundings include various residentially zoned parcels that currently operate as jet ski 
repair, horse riding stables, antique wagon fabrication, and RV repair, along with a large cement operation 
to the north and Arizona State Land Department to the south and west. See Exhibit A. The automotive 
repair on the Property is operated entirely indoors, within an existing large garage. Business continues to 
be conducted by appointment only, allowing the owner to limit activity, maintain low traffic levels, and 
operate in a manner that does not function as a public-facing commercial business. 
A Temporary Use Permit (TU2023010) was approved in 2023 to allow this use for two years while the 
surrounding area continued its transition. See Exhibit B. During the two years, the Property owner worked 
with adjacent neighbors to the north to pursue a coordinated zoning entitlement (i.e. Commercial Unit 
Plan of Development (CUPD). Although there was partial interest, the neighboring property owners 
ultimately did not join together to request CUPD as an agreement could not be made. Without a multi-
parcel effort, a CUPD is no longer feasible. Furthermore, rezoning to commercial zoning such as General 
Commercial (C-3) would allow 120-plus commercial uses, many of which are not appropriate for this 
location. For these reasons, a Special Use Permit is the most appropriate request to allow the existing 
usen for this specific use. It is worth noting that just like the TUP request in 2023, no expansion of 
structures or intensity is proposed as part of this request.

PURPOSE OF REQUEST 
Statement of Specific Application  
The Applicant respectfully requests the following: 
1. Special Use Permit to allow for continued operation of an automobile repair business within 
Rural-43 zoning district for 20 years.  
Description of Proposal 
This SUP is solely for the auto repair business which includes accessory outdoor vehicular storage for 
vehicles waiting to be worked on. The wireless facility on site is permitted under a separate SUP 
(Z2021177). 
General Operations 
Employees  
Mr. Dunch is the sole employee of his business. 
Buildings 
The primary building on site is the residence.  In conjunction with the residence, there are two 
garages, a carport, and an open structure. The business uses the enclosed.  All work on the 
vehicles is done within the southern garage.   
 
Primary Residence: +/- 2,060 SF 
Covered Patio: +/- 195 SF 
Garages: +/- 1,465 SF 
Carport: +/-430 SF 
Detached Structure: +/- 600’ 
Hours of Operation  
The business is open Monday-Friday from 10:00am-4:00pm.  The business is not open to the 
public, but by appointment only. Vehicles needing repair are dropped off or picked up during 
daytime hours. Mr. Dunch works on the vehicles within the enclosed garage as he is available.   
Signage  
The site currently meets the lighting standards within the Maricopa County Zoning Ordinance 
(MCZO). There is no signage identifying the business, as this business is not open to the public, 
but by appointment only. 
Lighting 
The site currently meets the lighting standards within the Maricopa County Zoning Ordinance 
(MCZO). All work is done in the daytime and is done indoors with no additional lighting 
necessary.   
RU-43 Building Setbacks  
The site meets current Maricopa County standards found within the MCZO for RU-43.

Front: 40’ Required, 40’ Met 
Rear:  40’ Required, 40’ Met 
Side:  20’ Required, 20’ Met for Primary Building 
            3’ Required, 3’ Met for Detached Structure 
Screening 
The Property is located in a rural County Island with large parcels, utility corridors, and a mix of 
residential and accessory commercial uses. As shown on the aerial exhibit below, the 
surrounding context does not include nearby residential neighbors that would typically require 
enhanced screening. 
Existing fencing consists of 4’ chain-link fencing along the side and rear property lines, which is 
consistent with other properties in the area. There is an 8’ tall CMU fence on the east property 
line.   
To the west and south, the Site abuts Arizona State Land Department (ASLD) land that is 
undeveloped and constrained by the Agua Fria River and multiple 500 kV transmission lines. 
These conditions make future development unlikely. There are no residences in these directions 
that would benefit from additional screening. 
To the north, the adjacent property contains an ATV/UTV and jet ski repair operation with 
outdoor vehicle storage, with a large concrete plant located further north. These uses are similar 
to or more intensive than the proposed use and do not function as traditional residential 
neighbors. 
To the east, the Site does have an 8’ CMU wall that screens the commercial use from the 
residence to the east and from 107th Avenue.  Additionally, the Site is visibly blocked by another 
residence. Lastly, the roadway provides physical and visual separation, and the business is not 
open to the public, has no signage, and operates entirely indoors. 
Given the lack of true residential uses, additional screening such as an 8-foot solid wall around 
the entire site is not necessary and would be inconsistent with the rural character and 
commercial uses west of 107th Ave.

For these reasons, the existing fencing and site conditions provide adequate compatibility with 
surrounding properties.  
Paving 
The proposed Special Use Permit does not warrant traditional commercial paving. The 
automotive repair operation is extremely low intensity, with only one vehicle being serviced at 
a time and all repair activity occurring indoors within an enclosed garage. At most, one vehicle 
per day is delivered to or picked up from the Site by appointment only. The business is not open 
to the public, has no signage, no advertising, and no direct frontage on 107th Avenue, 
eliminating passerby traffic or incidental visitation that would otherwise necessitate paved 
parking or circulation areas. 
Consistent with the surrounding rural residential character of this County Island area, the 
Property is not fully paved. Instead, decomposed granite (DG) is used along the access easement 
from 107th Avenue and within the front portion of the Site where the client cars are located. 
This treatment functions as effective dust control while reflecting the prevailing development 
pattern for similar rural residential properties in the area that support accessory commercial 
uses. Of the seven nearby properties with comparable uses, only one is fully paved, reinforcing 
that packed dirt and DG is the customary and accepted dust-proofing method. 
The rear portion of the Site consists of hard-packed native soil. Adding DG or asphalt paving to 
the rear is not necessary as the commercial component is not in the rear and would be 
inconsistent with the established character of the surrounding area. 
Accordingly, the existing dust-controlled surface treatment is appropriate for the proposed use 
and adequately addresses health, safety, and compatibility in the rural setting.  
Parking 
Parking for the auto repair use is located on the eastern portion of the Property, directly in front of 
the residence and garage where all repair work occurs. The parking area is separated from 107th 
Avenue and adjacent properties by an existing 8-foot block wall, which effectively screens vehicles 
from public view and shields daytime running lights from surrounding properties and 107th 
Avenue.  
Since the business operates by appointment only and is not open to the public, a maximum of four 
to five customer vehicles are present on site at any given time. Vehicles are dropped off and 
picked up during daytime hours (Monday-Friday, 10:00am-4:00pm), resulting in extremely limited 
trip generation. There is no employee parking demand beyond the property owner. 
Access to the parking area is provided via the existing 20-foot-wide access easement from 107th 
Avenue. The access drive and parking surface consist of decomposed granite (DG), which provides 
adequate dust control consistent with rural development patterns in the surrounding County 
Island area.  
Given the limited number of vehicles, indoor repair operations, existing screening wall, daytime-
only activity, and dust-controlled surface treatment, the parking configuration is appropriate for 
the requested Special Use Permit and remains compatible with the rural character and 
surrounding uses.

RELATIONSHIP TO SURROUNDING PROPERTIES 
There are essentially no adjacent neighbors to the west and south. Neighboring properties to the north, 
all zoned RU-43 contain businesses as well. Across 107th Avenue is a residential subdivision located within 
the City of Peoria limits. The surrounding properties, uses and zoning are as follows: 
Location 
Current Use 
Current 
Zoning 
Onsite
Residence and Auto Repair
RU-43
North
Residence and ATV/Jet Ski Repair
RU-43
East
107th Ave and Residential Subdivision
R1-8
South
Vacant, Arizona State Land (Peoria) 
PAD
West 
Vacant, Agua Fria River, Transmission Lines RU-43

LOCATION AND ACCESSIBILITY 
The Property is located approximately 3 miles south and east of the Loop 303 and Happy Valley Parkway 
intersection in the Peoria area. The Site is accessed via a 20’ easement that allows access from 107th 
Avenue to the Property. 
CIRCULATION SYSTEM (ON SITE AND OFF) 
The Site is accessed via a 20’ access easement (PK 498, Page 5 MCR) from 107th Avenue. As stated earlier, 
this business is not open to the public. Vehicles are dropped off and picked up in the parking area in front 
of the house that already consists of DG.  No circulation of customer vehicles occurs in the rear yard, solely 
the front yard.  
DEVELOPMENT SCHEDULE (PHASING) 
The Property is currently developed.  No additional development is planned.  
COMMUNITY FACILITIES AND SERVICES 
Community Facilities and Services Table
Facility
Distance from Site
Provider
Alta Vista Park
+/- 1 miles
City of Peoria
The Meadows Recreation Center
+/- 1 miles
City of Peoria 
 
PUBLIC UTILITIES AND SERVICES 
Public Utilities and Services Table
Utility
Provider
Water
Well
Sewer
Septic
Gas
N/A
Law Enforcement
Maricopa County Sheriff’s Office
Fire and Emergency Medical Services
Arizona Fire & Medical District
Electric
APS

CONCLUSION 
We respectfully request approval of this SUP as the most suitable entitlement for the Property. It 
maintains compatibility with surrounding uses, preserves the rural zoning framework, and provides an 
interim solution while the neighbors to the north decide how to best entitle their similar uses.

Surrounding Uses 
23004 N. 107th Avenue 
 
 
 
 
N 107th Ave 
The Property 
Construction Storage 
RV Storage 
Phoenix Jet Ski & UTV

EXHIBIT B

301 W. Jefferson St., Suite 170 
Phoenix, Arizona 85003 
Phone: (602)506-3301 
Maricopa County 
Planning & Development Department 
 
 
February 28, 2023 
 
Ms. Ashley Marsh  
Gammage & Burnham, P.L.C 
40 North Central Avenue, 20th Floor 
Phoenix, AZ 85004  
 
Re:  TU2023010 – Dunch Auto Repair 
 
Dear Ms. Marsh,  
 
On February 28, 2023, the Maricopa County Planning Division approved your 
request for a Temporary Use Permit for Dunch Auto Repair. The subject site 
consists of approximately one acre and is located ¼ mile northwest of the 
northwest corner of 107th Avenue and Williams Drive in the Peoria area.    
 
Staff has approved the request for Temporary Use Permit in accordance with the 
following conditions: 
 
a. 
Development of the site shall comply with the entitled site plan, “Dunch 
Property TUP Application”, stamped received February 3, 2023, consisting of 
one 24” x 36” sheet, except as modified by any condition identified herein.  
 
b. 
Use of the site shall be in general conformance with the Narrative Report 
entitled, “23004 N 107TH Avenue – Temporary Use Permit Request”, consisting of 
seven pages, stamped received February 8, 2023, except as modified by any 
condition identified herein.  
 
c. 
This Temporary Use Permit is authorized for Two Years and shall expire on 
February 28, 2025. The Temporary Use Permit approval letter must be visibly 
displayed at the front of the property at all times. Failure to meet this display 
requirement shall result in revocation of the Temporary Use Permit if a Zoning 
Citation is issued. 
 
d. 
Prior to the expiration of the Temporary Use Permit the property owner or their 
successor must secure approval of either a Special Use Permit or zone change 
to allow for the automotive repair business on the subject property, to continue 
this use.  
 
e. 
Upon expiration or termination of the Temporary Use Permit, the 
temporary use shall cease. Any temporary or mobile structures shall be 
removed within ten days of said expiration or termination. Any 
alterations to the principal or accessory buildings or structures should be 
issued permits within ten days and shall be completed and finalled 
within 30 days of expiration.

f. 
Approval of the Temporary Use is not an approval to construct. Prior to 
construction, development or use of the property, the applicant/owner shall 
obtain all necessary clearances and construction permits. 
 
g. 
All development and engineering design shall conform with the Drainage 
Regulation, Drainage Policies and Standards and current engineering policies, 
standards and best practices at the time of application for construction. 
 
h. 
Prior to zoning clearance approval, developer(s) and/or builder(s) shall establish 
emergency fire protection services, covering all real property contained within 
the project area during course of construction and shall obtain a ‘will serve’ letter 
substantiating coverage from the appropriate Fire District, Department or 
Company servicing the site. 
 
i. 
The property owner/s and their successors waive claim for diminution in value 
if the County takes action to rescind approval due to noncompliance with any 
condition. 
 
 
Please contact me if you have any questions at (602) 506-6533 or by e-mail at 
Martin.Martell@maricopa.gov 
 
Sincerely, 
 
Martin Martell, Planner 
Maricopa County Planning & Development Department

Planning & Development Department 
 
TEMPORARY USE PERMIT  
 
 
Maricopa County Planning and Development Department 
301 W. Jefferson St. 1st Floor, Suite 170, Phoenix, Arizona 85003 
Telephone: 602-506-3301 
www.maricopa.gov/planning 
 
Page 1 
 
 
 
Date: 
February 28, 2023 
Case Number: 
TU2023010 
APN: 
200-11-254 
Address:  
23004 N. 107th Ave., Sun City 85373 
Zoning: 
Rural-43  
Owner: 
David A. Dunch 
Request:  
Temporary Use Permit    
Planner: 
Martin Martell, Planner, Martin.Martell@mail.maricopa.gov 602-506-
5633 
 
Temporary Use Permit Summary:  
 
The property owner agent, Ashley Marsh, is requesting a Temporary Use Permit to allow 
temporary on-site automotive repair home business on parcel # 200-11-254 in the Rural-43 
zoning district. The subject site is located at 23004 N. 107th Ave. in the Peoria area.  
 
The temporary proposal is classified as Other Uses under Article 1302.2.9. of the Zoning 
Ordinance, which are determined by the zoning inspector. On February 23, 2023, the Zoning 
Administrator, Daren Gérard, AICP, declared that the request to use the site for a temporary 
automotive repair business would qualify in the Other Uses category with a condition that 
after two-years, if the use of the site continues, will require either a secured Special Use 
Permit or zone change approved by the Board of Supervisors.   
 
The property owner, David Dunch, will repair the vehicles in a large existing garage 
adjacent to the property’s single-family residence, where the property owner resides. 
Business is done by appointment only with hours set by the homeowner operating more like 
a home business than a typical commercial business.  The property owner is searching for a 
new commercial or industrial site that would be more appropriate in the long term and that 
is why the request is for a two-year TUP which will enable the property owner to either 
relocate the operation or process entitlement to allow the automotive repair business on 
the site.  
 
Staff research found no outstanding fees owed on the property. Currently, there is one code 
violation on the property (V202200070) for running a business on site without entitlement; 
however, this TUP will temporarily remedy this violation.  In the long-term, a condition will be 
added to this TUP stating that after two years the property owner must cease operation and 
prior to expiration obtain a secured approved entitlement that would permanently remedy 
the V202200070 code violation.  
 
The site has been posted in accordance with MCZO 1302.3.1.3. with the required 10 day 
posting period. The site was posted on February 14, 2023, and the 10 days expired on 
February 24, 2024. Staff did not receive any public opposition to the application. A copy of 
the Posting Certificate has been placed in the case file along with photographic evidence

Planning & Development Department 
 
TEMPORARY USE PERMIT  
 
 
Maricopa County Planning and Development Department 
301 W. Jefferson St. 1st Floor, Suite 170, Phoenix, Arizona 85003 
Telephone: 602-506-3301 
www.maricopa.gov/planning 
 
Page 2 
 
of the posting. Since no opposition was received, the TUP application meets the 
requirements of MCZO, Chapter 13 and base zoning district standards.  
 
[2023 Aerial image of the subject site.]

Planning & Development Department 
 
TEMPORARY USE PERMIT  
 
 
Maricopa County Planning and Development Department 
301 W. Jefferson St. 1st Floor, Suite 170, Phoenix, Arizona 85003 
Telephone: 602-506-3301 
www.maricopa.gov/planning 
 
Page 3 
 
[Rural-43 zoning district and surrounding zoning districts.] 
 
 
 
 
 
 
Maricopa County Zoning Ordinance – Section 1302 Temporary Uses 
 
1302.2.9 
Other Uses: Other uses not listed here, as determined by the zoning inspector, which 
may be appropriate as temporary uses as outlined in Article 1302.2. Temporary Use 
Permits for these uses shall be processed in accordance with Article 1302.3. 
 
Planning and Development Department Determination:   
Staff has approved the request for Temporary Use Permit in accordance with the following  
 
a. 
Development of the site shall comply with the entitled site plan, “Dunch Property TUP 
Application”, stamped received February 3, 2023, consisting of one 24” x 36” sheet, except 
as modified by any condition identified herein.  
 
b. 
Use of the site shall be in general conformance with the Narrative Report entitled, “23004 
N 107TH Avenue – Temporary Use Permit Request”, consisting of seven pages, stamped 
received February 8, 2023, except as modified by any condition identified herein.  
 
c. 
This Temporary Use Permit is authorized for Two Years and shall expire on February 28, 2025. 
The Temporary Use Permit approval letter must be visibly displayed at the front of the property 
at all times. Failure to meet this display requirement shall result in revocation of the Temporary 
Use Permit if a Zoning Citation is issued.

1 
 
GAMMAGE & BURNHAM, PLC 
ATTORNEYS AT LAW 
40 NORTH CENTRAL AVENUE 
20TH FLOOR 
PHOENIX, ARIZONA  85004 
 
 
January 31, 2023 
 
Maricopa County 
Planning & Development Department 
301 West Jefferson Street, Suite 170 
Phoenix, AZ 85003 
 
Re: 
23004 N 107th Avenue - Temporary Use Permit Request 
To Whom it May Concern: 
 
On behalf of David Dunch, the property owner of 23004 N. 107th Avenue, (the “Property”), we are 
requesting approval of a Temporary Use Permit for an automotive repair business. Mr. Dunch currently 
resides on the Property, which is approximately 1-acre and zoned RU-43. The Property currently contains 
one structure and a wireless communication facility, permitted under a separate Special Use Permit. 
Access to the Property is provided by an easement extending from 107th Avenue.  
 
The subject Property is located in the rapidly growing 
northwest area of the valley.  Specifically, the 
Property is located south of Pinnacle Peak Road and 
west of 107th Avenue, in the Peoria area, as shown on 
the aerial to the right. It is anticipated that the subject 
Property and surrounding properties will eventually be 
redeveloped as new commercial and residential 
development close in around the Property.  During 
this transition, the Property owner is requesting a 
Temporary Use Permit to continue his automotive 
repair business on the premises.  This use is currently 
compatible with the existing surroundings and uses on 
the adjacent northern residentially zoned properties, 
which appear to include a jet ski repair, horse riding 
stables, antique wagon shop and RV repair.  See 
attached Exhibit A for context photos.  Additionally, 
to the immediate west is a large mining operation.   
See Exhibit B.  It is anticipated that as the area transitions, the immediately adjacent uses may also transition.  
A Temporary Use Permit will allow for what is currently an appropriate use for the Property whereas a hard 
rezone or Special Use Permit would allow for long-term uses that may not be compatible with future 
development. 
 
The automotive repair use is entirely conducted indoors, in an existing, large garage.  Business is by 
appointment only, allowing Mr. Dunch to work on his own hours and not operate as an open to the public 
commercial business.  As the area transitions, the Property owner is looking for a new space that would be 
TELEPHONE (602) 256-0566 
FACSIMILE (602) 256-4475 
___________________ 
WRITER’S DIRECT LINE 
(602) 256-4486 
 
RECEIVED 8.FEB 23
APPROVED BY STAFF
AS PER CONDITION 'b'
         28.FEB 23

2 
 
better suited in the long term. Here, we are simply asking for a Temporary Use Permit for a time limit of two 
(2) years to allow for either the relocation and/or reevaluation of the automotive repair use at a later date. 
 
We respectfully request the approval of this Temporary Use Permit as it is currently compatible with the 
surrounding uses and is temporary in nature so that it does not interfere with the future redevelopment of the 
area. 
 
 
Sincerely, 
GAMMAGE & BURNHAM, P.L.C. 
 
 
 
By 
 
Ashley Z. Marsh

3 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
EXHIBIT A

107TH AVENUE

107TH AVENUE

4 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
EXHIBIT B

107TH AVENUE

DUNCH PROPERTY
TUP APPLICATION
23004 N 107TH AVE
SUN CITY, AZ 85373
A-1.1
1
Driveway
    D/G
Home
Garage
SITE
Wireless Facility 
     (Not Part)
RECEIVED 8.FEB 23
APPROVED BY STAFF
AS PER CONDITION 'a'
         28.FEB 23

Alba L. Holloway  
Engineering Associate 
Planning & Development 
301 W. Jefferson St., Suite 170 
Phoenix, Arizona 85008 
Phone: (602) 372-0850 
Fax: (602)506-3282 
www.maricopa.gov/planning 
Email address: 
alba.holloway@maricopa.gov 
  
Planning & Development 
 
Engineering Plan Review 
Date:    
February 21, 2023 
 
Memo To: Darren Gerard, Planning Manager, Planning & Development 
 
Attn: 
 
Martin Martell, Planner, Planning and Development 
 
 
 
From: 
Alba L. Holloway, Engineering Associate 
 
Planning & Development Department 
 
cc: 
Michael Norris, P.E., Engineering Manager, Planning and 
Development 
 
Subject: 
TU2023010  –  Temporary Use Permit /   
 
 Home occupancy of auto repair shop. 
 
Address: 23004 N 107th Avenue Sun City AZ 85373 
 
APN(s): 
200-11-254 
 
Engineering has no objections to the temporary use permit request for home 
occupancy of an auto shop - 2 years.  
  
Flood Control District has no objections to the temporary use permit request.  
  
MCDOT has no objections to the temporary use permit request.  
  
Other Maricopa County Agencies must review and recommend approval of this 
project.    
  
Please contact me if you have any questions or require clarification of these 
comments.

Page | 1  
 
 
 
 
Maricopa County 
Environmental Services Department 
Water and Waste Management 
 
 
 
 
 
 
 
 
 
 
 
The Maricopa County Environmental Services Department (MCESD) has completed review for the 
Home Occupation of auto repair planning case(s). Please note the following MCESD requirements 
for site development: 
Onsite Wastewater –  
A Minor Plan Review application must be submitted for any existing system(s) if being utilized and 
if the applicant believes the existing system(s) are adequate in size to support the new use; 
otherwise, a new septic permit/install may be required. 
 
Dependent/independent recreational vehicles cannot discharge wastewater to an onsite wastewater 
treatment (septic) system. A dump station/holding tank will be required for any onsite recreational 
vehicle wastewater dumping. 
 
An Onsite Application for Abandonment must be submitted for any onsite wastewater treatment 
(septic) system(s) that are to be abandoned. Then following the abandonment, a Certification of 
Closure/Abandonment must be submitted immediately after the work is completed. 
 
For Onsite Wastewater related questions, please contact the Onsite Program at (602) 506-6666 or 
by email at septicquestions@maricopa.gov  
Additional Notes –  
Environmental Services does not require these items for condition of approval of TU2023010 , 
however these items must be addressed with the development of the site. Environmental Services 
does not require additional review of this case. 
 
*It should be noted that this document does not approve the referenced project. Comments are 
provided for the benefit of the applicant for MCESD permit requirements and as an advisory to 
Maricopa County Planning and Development Department. Other Maricopa County agencies may 
have additional requirements. Final review and approval will be made through Planning and 
Development Department procedures. Applicant may need to submit separate applications to the 
Maricopa County Environmental Services Department for approval of proposed facilities regulated 
Project Name: Home Occupation of auto 
repair 
Primary Contact Name: DUNCH DAVID 
A 
Planning Application Type: Temporary Use 
Permit 
APN(s): 200-11-254 
Reviewer: Souren Naradikian, P.E. 
Email: Souren.Naradikian@maricopa.gov 
Phone: 602-372-2907 
Planner Name: Martin Martell 
Planning Case #: TU2023010  
Date: February 8, 2023 
 
Subdivision Infrastructure  
& Planning Program 
301 W. Jefferson St. 
Phoenix, AZ 85003 
 
Subdivision@maricopa.gov 
esd.maricopa.gov

Page | 2  
 
 
 
 
Maricopa County 
Environmental Services Department 
Water and Waste Management 
by the Department. Review of any such application will be based on current regulations at the time 
of application.

Zachary Kobza, P.E.
Planning & Development 
301 W. Jefferson St., Suite 170 
Phoenix, Arizona 85003 
Phone: (602) 723-5248 
Fax: (602) 506-8762 
www.maricopa.gov/planning 
Email address: 
Zachary.Kobza@maricopa.gov 
  
Planning & Development
 
Engineering Plan Review 
 
 
Date:    
January 9, 2026 
 
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning & 
Development 
 
Attn: 
Paola Jaramillo Quintero, Planner, Planning & Development Services 
 
cc: 
Bob Fedorka, PE, Engineering Manager, Planning & Development 
 
From: 
Zachary Kobza, PE, Senior Plans Examiner Engineer, Planning & 
Development 
 
Subject:   
SU250040 – SUP to allow for continued operation of an automobile 
repair business 
APN(s): 
200-11-254 
Engineering Review has reviewed the first plan and report routed for review on 
11/24/2025, for the subject application and has no objections: 
 
The following stipulation will apply: 
 
1. Engineering review of planning and/or zoning cases is for conceptual design 
only. All development and engineering design shall be in conformance with 
Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and 
Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway 
Design Manual; and current engineering policies, standards and best practices 
at the time of application for construction. 
 
Please contact me with any questions.

TIS Waiver | SUP For Home Automotice Repair Facility
Traffic Study Waiver Request
APN 200-11-254
msantoro@gblaw.com; bvaccaro@gblaw.com
SU250040
Plans Sealed By
Not Applicable
Laxmikanth Narwa, P.E./602.506.8677
Int. Review No.
Date
Item No.
Page No.
Review Comment
Code
LN
1
4/2/2026
1
General
The below comments are limited to traffic study impacts for the proposed development based on the 
land use described in the Project Summary of this comment review sheet. Any additions to the subject 
parcel that will meet MCDOT criteria for a Traffic Statement (TS) or Traffic Impact Study (TIS), 
including any new access or modifications to the existing access points connecting to MCDOT 
roadways, will require the developer to submit a TS or TIS for review and approval by MCDOT. Refer 
to the latest MCDOT TIS manual for TS or TIS requirements.
LN
1
4/2/2026
2
General
As per the information provided by the applicant as part of Special Use Permit (SU250040), MCDOT 
anticipates no impacts on to the surrounding MCDOT roadway network. Therefore, MCDOT has no 
traffic concerns on proposed usage of this property. No new access driveway is requested nor 
approved through this waiver for this property.
LN
1
4/2/2026
3
General
Approval of Traffic Study Waiver for this project site does not constitute approval of R/W limits or 
dedication requirements, geometric layout of Site Plan details, and any other permit related 
requirements applicable for this development. It Is the responsibility of the applicant to submit their 
application for permits with all other agencies that have jurisdiction surrounding the project site.
The Traffic Study Waiver Is Approved
Consultant Comment
Discipline
Consultant
Signature
Date
Applicant is requesting Traffic Impact Study (TIS) waiver for a Special Use Permit Application (SU250040). As per the applicant, the project involves the continued operation of a small 
automotive repair activity that operates strictly by appointment only, resulting in very limited and predictable trip generation. Accordingly, peak-hour trip generation is anticipated to be 
approximately 1 to 2 trips, which is well below the 5 peak-hour trip threshold typically used by the MCDOT to warrant preparation of a TIS. The site is located on parcel (APN # 200-11-254). 
Traffic Engineering Review Comment Sheet
Project Name
Location
MCDOT File No.
Reviewer/Phone No.
Consultant: Please use the code and respond to each comment in the Consultant Reply Column. This sheet is for our records, please answer every question and sign and date your acknowledgment or the plans will be sent back to complete the 
process. Send back the marked-up plans and a new set of plans along with this sheet. Thank you for your cooperation.  
    Consultant Code: A=Will Comply   B=Deleted   C=Consultant to Evaluate
General Project Summary:
Page 1 of 1

Page | 1  
 
 
Subdivision 
Infrastructure  
& Planning Program 
301 W. Jefferson St. 
Phoenix, AZ 85003 
 
S u b d i vi s io n @ m a ri co p a .go v 
e s d .m a r i c o pa .g o v 
 
 
 
 
 
The Maricopa County Environmental Services Department (MCESD) has completed review 
for the Dunch Automobile Repair planning case(s). Please note the following MCESD 
requirements for site development: 
 
Onsite Wastewater (Septic) –  
A Minor Plan Review application must be submitted for any existing septic system(s) if 
being utilized and if the applicant believes the existing system(s) are adequate in size to 
support the new use; otherwise, a new septic permit/install may be required. 
 
For Onsite Wastewater related questions, please contact the Onsite Program at (602) 506-
6666 or by email at septicquestions@maricopa.gov. 
 
Drinking Water –  
Per the Safe Drinking Water Act, any water system that supplies more than 25 people or 15 
service connections per day for at least 60 days per year is classified as a Public Water 
System (PWS).  
• 
If the above criteria are met, a Public Water System application and a New Source 
Approval application are required and must be submitted to the MCESD’s Drinking 
Water Program. A water quality analysis report will be required with submittal and is 
good within one-year of testing. 
 
An Approval to Construct application is required to be submitted to the MCESD’s Treatment 
Program for all PWS water treatment facilities. 
• 
For questions, please contact the Water/Wastewater Treatment Program at (602) 
372-2861 or email treatmentplantprogram@maricopa.gov 
 
An Approval to Construct application is required to be submitted to the MCESD’s 
Subdivision & Infrastructure Program for all PWS water system infrastructure. 
Project Name: Dunch Automobile Repair 
Primary Contact Name: Ryan Garofalo 
Planning Application Type: Special Use 
Permit 
APN(s): 200-11-254 
Reviewer: Elliott Wheaton, P.E. 
Email: Elliott.Wheaton@maricopa.gov 
Phone: 602-376-6035 
Planner Name: Paola Jaramillo Quintero 
Planning Case #: SU250040 
Date: January 9, 2026 
 
Water and Waste Management Division

Page | 2  
 
 
• 
For questions, please contact the Subdivision and Infrastructure Program at (602) 
506-1058 or email subdivision@maricopa.gov 
 
For additional Drinking Water related questions, please contact the Drinking Water program 
at (602) 506-6935 or by email at sdwquestions@maricopa.gov. 
 
Additional Notes –  
*It should be noted that this document does not approve the referenced project. Comments are provided 
for the benefit of the applicant for MCESD permit requirements and as an advisory to Maricopa County 
Planning and Development Department. Other Maricopa County agencies may have additional 
requirements. Final review and approval will be made through Planning and Development Department 
procedures. Applicant may need to submit separate applications to the Maricopa County Environmental 
Services Department for approval of proposed facilities regulated by the Department. Review of any such 
application will be based on current regulations at the time of application.

1
Andrew Lorentzen (PND)
From:
Skip Rimsza <skiprimsza@me.com>
Sent:
Tuesday, April 28, 2026 12:09 PM
To:
Andrew Lorentzen (PND)
Subject:
Re: SU250040 - Dunch Automotive Repair
Attachments:
7A63052F-9F2D-444E-8207-0D1764FEAFF6.pdf
April 27, 2026 Maricop a County Planning & Development 301 W. Jefferson St, Suite 170 Phoenix, AZ 85003 Re: Approval of SU250040 Dear Maricopa County Officials: Please accept this letter of support for David Dunch’s auto repair business operated 
ZjQcmQRYFpfptBannerStart 
This Message Is From an External Sender  
This message came from outside your organization. Please use caution when corresponding outside 
the county.  
  
ZjQcmQRYFpfptBanner End 
April 27, 2026 
  
Maricopa County Planning & Development  
301 W. Jefferson St, Suite 170 
Phoenix, AZ 85003 
  
Re: Approval of SU250040 
  
Dear Maricopa County Officials: 
Please accept this letter of support for David Dunch’s auto repair business operated from his 
residence at 23004 N. 107th Ave. 
As the property owner a few parcels to the north (23024 N.107thAve.), and former Mayor 
of Phoenix, I have seen firsthand how this part of the community has developed and 
functioned over the years. This area has a unique character, with county island properties 
adjacent to state land, cement plants, transmission corridors, and a longstanding pattern of 
residents operating small-scale commercial activities from their homes. David’sbusiness is 
consistent with the established character west of 107thAvenue.  
David has been a valuable member of the community and a respectful neighbor. His auto 
repair business is quiet, well managed, and professional.  He operates by appointment only 
with no signage and virtually no traffic.  It has remained compatible with the neighborhood.  
I believe this business is an appropriate and practical fit for the area and provides a useful 
service to nearby residents. I urge you to respectfully approve his Special Use 
Permit request.  
Thank you, 
  
  
Skip Rimsza