01. SU250032 PZ Staff Report - Continuance

SU250032 
Page 1 of 1 
 
 
Report to the Planning and Zoning Commission 
Prepared by the Maricopa County Planning and Development Department 
 
 
Case: 
SU250032 – Herman’s Tank Sales 
 
 
 
 
Hearing Date: 
March 5, 2026 (Continued from January 22, 2026) 
 
Supervisor District: 
3 
 
 
 
  
 
Applicant: 
Michael Buschbacher II, Earl and Curley PC  
 
Owners: 
Beverly S. and Michael J. Herman  
   
Request: 
Special Use Permit (SUP) for a home-based cottage industry - septic and 
water tank sales - in the Rural-43 zoning district   
 
  
 
Site Location: 
Generally located east of the northeast corner of 17th Ave. and Yearling Rd. 
in the north Phoenix area   
 
  
Site Size: 
Approximately 2.5 acres  
 
Density: 
N/A 
 
County Island:  
Yes (City of Phoenix) 
 
 
County Plan: 
Rural Development Area  
 
Municipal Plan: 
City of Phoenix – Traditional Lot (3.5 – 5 d.u./ac) 
 
Municipal Comments: 
None received to date  
 
Support/Opposition: 
11 in support, 1 in opposition 
 
Continuance: 
The applicant has requested an indefinite continuance as they anticipate 
potential changes to the narrative regarding the operations of the proposed 
land use for SU250032. 
 
Attachment: 
Applicant’s request for an indefinite continuance (1 Page)

February 24, 2026 
 
Re: Request for Continuance of SU250032 
 
Maricopa County Planning Commission,  
 
In January, the Planning Commission granted a continuance of our client's Special Use Permit 
application (SU250032) to allow time for us to work with staff on various items related to the 
application. We are now scheduled for the March 5, 2026 hearing.  
 
However, since that hearing, our clients were unexpectedly contacted by the tank storage 
company through which they are franchised for the home-based business. Although those 
conversations are actively occurring, there is a possibility that these conversations could result in 
modifications to the operation of the home-based business. The situation could resolve itself, and 
we could be back with an application for the exact same operation previously described. But these 
conversations could also possible important details of the operation.  
 
It would be unwise to move forward until we are certain we know that the entitlement we are 
obtaining will cover the nature of the operation moving forward. And at the present moment, the 
clients need a bit more time to be sure of that. So, while we work through these business 
discussions, we are asking for the application to be continued to a date uncertain. Once the clients 
have things settled on the business front, we will circle back with staff, make any needed updates 
to our narrative regarding the operations (if any are needed), re-notice the Planning Commission 
hearing, and come back to present the case.  
 
For a small Mom & Pop business, we need to be sure that the entitlements being obtained are 
adequate to cover operations moving forward, and we need a little bit of time for those discussions 
to be had with the franchisor. Accordingly, we respectfully request a continuance to a date 
uncertain.  
 
 
Sincerely,  
                     
 
Taylor C. Earl 
Managing Partner 
  
o  (602) 265-0094 
tearl@earlcurley.com