04.SU250032 PZ Staff Report
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SU250032 Page 1 of 10 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: SU250032 – Herman’s Tank Sales Hearing Date: 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 Desert Hills / north Phoenix area Site Size: Approximately 2.5 acres Density: N/A County Island: Yes (City of Phoenix) County Plan: Rural Development Area (0-1 d.u./ac) 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 Recommendation: Approve with conditions SU250032 Page 2 of 10 Project Summary: 1. The applicant Michael Buschbacher II, Earl and Curley PC, and property owners Beverly S. and Michael J. Herman are requesting a Special Use Permit (SUP) for a home occupation, cottage industry to sell various types of septic and water tanks on 2.5 acres that is zoned Rural-43. 2. The subject parcel has been occupied by a single-family residence since May 2019. In 2022, the property owner’s commenced operations of an on-site tank sales business within the limits of the home occupation standards per section MCZO 501.2.10. The tanks pertain to septic, water harvesting and transport, intermediate bulk container totes, and distribution boxes. 3. The applicant is seeking increases in the lot coverage and height allowance for stored materials, deviations from parking, paving, and screening requirements for commercial uses adjacent to residential properties. They are also seeking an allowance of vehicles exceeding the 10,000 lbs. limit in the Rural-43 zoning district for a boom lift, tractor, and commercial trailers, and for outdoor storage within the required front yard. 4. The home occupation, cottage industry will operate Monday – Friday 7:00 AM to 3:00 PM, with occasional delivery pickups on Saturdays. Aside from the property owners, there will be two additional part-time employees; one additional family member, and one non-family member employee. The property is accessed through a 25’ federal patent easement located on the north end of the property and features chain link fence along the entirety of the north and west ends, and approximately 137’ along the south end. The east end is screened by a 6’ high CMU wall located within the adjacent property. No lighting is proposed as part of the SUP. Three total parking spaces will be provided, one ADA compliant. The property will be surfaced with decomposed granite. 5. On October 21, 2025, a complaint was received against the property for an unpermitted chain link fence and gate along the north end of the property, V2501680. On December 30, 2025, an inspection was conducted by staff which verified the findings. A Notice of Order to Comply was sent to the property owner to obtain the necessary permits with a compliance date of February 6, 2026. A patent easement abandonment, PAB-0323, was applied for by the property owner with the Maricopa County Department of Transportation, which would be the first step in permitting the fence and gate. SU250032 Page 3 of 10 Aerial photo of subject site SU250032 Page 4 of 10 Aerial image & surrounding environs SU250032 Page 5 of 10 Eagle view of subject site looking south into subject parcel (aerial image dated March 2025). Site Plan SU250032 Page 6 of 10 Existing On-Site and Adjacent Zoning / Land Use: 6. On-site: Rural-43 / Single-family residential North: Rural-43 / Single-family residential South: Rural-43 / Single-family residential East: Rural-43 / Single-family residential West: Rural-43 / Single-family residential Zoning District map SU250032 Page 7 of 10 Utilities and Services: 7. Water: Private Well Wastewater: Septic School District: Deer Valley Unified School District Fire: Daisy Mountain Fire and 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 W. Quartz Rock Rd 12.5’ 12.5’ Federal Patent Easement Adopted Plan: 9. City of Phoenix: PlanPHX 2025 (adopted April 17, 2024): The subject parcel’s land use designation is “3.5 – 5 du/acre – Traditional Lot” which provides for a variety of suburban lifestyles including schools, churches, and public facilities. Public Participation Summary: 10. The applicant and property owners hosted a virtual Teams meeting on November 24, 2025. They have received 11 letters of support from property owners within a 300’ radius of the subject parcel. They have also received opposition from one party, who is within the 300’ radius, with concerns about access through the federal patent easement on the north end of the property, dust, and overall compatibility with the residential neighborhood. They would prefer that Herman’s utilize the west end of the property as the access point for incoming traffic. The applicant is willing to explore stabilized decomposed granite as opposed to the decomposed SU250032 Page 8 of 10 granite for surfacing of the property, and having the fence and gate permitted along the north of the property. 11. The site was posted with initial notification of the application on November 10, 2025, and updated with the Planning and Zoning Commission and Board of Supervisors hearing dates on December 23, 2025. Notice was sent to all property owners within 300’ and to all registered areas of interest groups. Outstanding Concerns from Reviewing Agencies: 12. N/A Staff Analysis: 13. The applicant’s SUP request is just beyond the by-right allowances per MCZO 502.1.10 and serves a critical need to the local community that depends on non-municipal services as their water source, largely hauled-in water. Additionally, the subject parcel has ample acreage to accommodate the increase in lot coverage and height allowance without negatively affecting quality of life within the local community. The very nature of the proposed cottage industry is minimal in terms of foot traffic and overall business activity. Traffic flow from the west may not be feasible due to the natural landscape and presence of trees and other vegetation, whereas the east end appears unobstructed. Recommendation: 14. Staff recommends the Commission adopt a motion recommending that the Board of Supervisors approve SU250032 subject to the following conditions ‘a’ – ‘j’: a. Development of the site shall be in substantial conformance with the site plan entitled “Cottage Industry Home Occupation On-site Tank Sales”, consisting of 3 pages dated November 5, 2025, and stamped received November 25, 2025, except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Major and minor 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 “Cottage Industry Home Occupation SUP / Cottage Industry Narrative” consisting of 20 pages, dated November 21, 2025, and stamped received November 25, 2025, except as modified by the following conditions. c. The following engineering conditions shall apply: 1. Based on the narrative and drainage report, no new developments are being proposed with this application. If new developments are proposed in the future, a new entitlement application will be required. 2. 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 and Design Manual; and current SU250032 Page 9 of 10 engineering policies, standards and best practices at the time of application for construction. 3. There are federal patent easements within the parcel. No encroachments are allowed within the area unless abandoned. Applicant must contact MCDOT for further interest in the Patent Easement Abandonment Process. 4. 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. d. In conjunction with the Special Use Permit, there shall be no use, storage, or sale of any propane tanks or any other liquified petroleum containers for any non-residential purpose. e. Prior to issuance of a building permit, written confirmation will be required from the emergency fire protection jurisdiction having authority that the facility has been designed in accordance with their regulations and requirements, and that emergency fire protection service will be provided to the facility. Prior to issuance of the certificate of occupancy, local fire protection jurisdiction review and approval will be required. f. The Special Use Permit is valid for a period of 10 years and shall expire on February 25, 2036, or upon termination of the use for a period of 90 or more days, whichever occurs first. g. Obtain all necessary building permits for any unpermitted structures, fences, or gates, and resolve any outstanding violations from Maricopa County Planning and Development by compliance dates. h. Driveways, parking areas, and surface areas outside of any required ADA parking spaces, shall be surfaced with Stabilized Decomposed Granite or other surfacing material deemed acceptable by the Maricopa County Air Quality Department. i. 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. j. 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. SU250032 Page 10 of 10 Presented by: Isaac Perez, Planner Reviewed by: Rachel Applegate, Planning Supervisor Attachments: Case Map (1 page) Site Plan (3 Pages) Narrative Report (20 Pages) MCDOT comments (1 Page) MCESD comments (1 page) DPR comments (1 page) Letters of Support (12 pages) Letter of Opposition (2 pages) / Maricopa County Planning & Development - Phoenix, AZ 3 Gross Acres: 3 approx. Generated December 24, 2025 11:37 AM SU250032 Application Name: Legal Description Herman's Tank SUP Applicant Case Address 4N 3E 6 Michael Buschbacher II 1615 W QUARTZ ROCK RD Applicant Phone/Email Parcel Primary:210-11-019B 6022650094 PHOENIX, AZ 85085 Map scale 1:868 Supervisor District No. Herman's Tank SUP GRADING & DRAINAGE PLAN FOR QUANTITIES ARE SHOWN FOR PERMIT PURPOSES ONLY. CONTRACTOR SHALL PERFORM THEIR OWN QUANTITY TAKE-OFF FOR ACCURACY OF CUT AND FILL ON THE SITE. ZONING: RU-43 OCCUPANCY TYPE: SINGLE FAMILY RESIDENTIAL BUILDING SETBACKS: FRONT - 40'-0" SIDE - 30'-0" REAR - 40'-0" BUILDING AREA: EX. GARAGE 1,200 S.F. EX. RV GARAGE 1,200 S.F. TOTAL UNDER ROOF 2,400 S.F. LOT COVERAGE 2,400/108,900 2.2% < 30% OK EX. SITE DISTURBANCE: 78,574 S.F. "COTTAGE INDUSTRY HOME OCCUPATION ON-SITE TANK SALES" 1615 W. QUARTZ ROCK RD. PHEONIX, ARIZONA 85085 e: geoff@g-mareng.com ph: 6 02.524.7877 consulting engineers, llc m a r g PO B O X 2 0 4 2 litchfield park, arizona 85340 12/4/25 Received 11/25/2025 e: geoff@g-mareng.com ph: 6 02.524.7877 consulting engineers, llc m a r g PO B O X 2 0 4 2 litchfield park, arizona 85340 12/4/25 ZONING: RU-43 WITH REQUEST FOR SUP PER Z250032 OCCUPANCY TYPE: SINGLE FAMILY RESIDENTIAL BUILDING SETBACKS: FRONT - 40'-0" SIDE - 30'-0" REAR - 40'-0" e: geoff@g-mareng.com ph: 6 02.524.7877 consulting engineers, llc m a r g PO B O X 2 0 4 2 litchfield park, arizona 85340 12/4/25 . Cottage Industry Home Occupation SUP/ Cottage Industry Narrative ½ Mile north of the NWC of Happy Valley Road & 16th Avenue 1615 W. Quartz Rock Rd. Submitted: August 2, 2025 Resubmitted: November 21, 2025 Case # SU250032 Received 11/25/2025 2 Purpose of Request This application is being filed on behalf of Mike and Beverly Herman for a Cottage Industry Home Occupation Special Use Permit to allow the sale of tanks (rainwater, septic, and water storage) on their property. The site was purchased as vacant land in 2016 by the Hermans who had a desire to live and work together from their house. In 2019, they completed construction on a fully permitted structure that functions as their house, RV garage, and office. In 2022, Mr. Herman began selling water tanks from the property. Although the Hermans are not under zoning violation, they became aware of the need to obtain zoning entitlements for their business. And so, they asked our firm to help them obtain the proper entitlements to be in full compliance with County zoning regulations. The unintended consequence of having operated prior to seeking this entitlement is that the County now has three years of history to review in making its decision. We are happy to report that in its three years of operation there has been no negative impact generated by the use. It remains quiet and unintrusive on residential uses in the area. This positive track record should provide County staff and decisionmakers with helpful reassurance that this use will continue to operate well at this location and will continue to be low impact. 3 The nature of the proposed use is both consistent with, and compatible with, the character and pattern of the rural properties and commercial businesses in this immediate area. The use is very quiet, has extremely low traffic, and has not altered the character of the area in its three years of operation. The husband-and- wife team that operate the business reside on-site, and the only outside employee is their next-door neighbor, who simply walks between the properties. They also employ their 17-year-old grandson on a part-time basis, and he currently just stays with the Hermans on the days he's working with them. Business Operations The business operation is simple: they store and sell several types of tanks (rainwater tanks, septic tanks, and storage tanks). Customers purchase the tanks through an online or phone purchase and then simply come to the site to pick them up. Nearly all orders come through Tank Depot (an online and telephonic retail platform), which the applicants use as their virtual storefront. Traffic associated with the use is very minor. On a typical workday (Monday-Friday), only three to five vehicles come onsite to pick up their purchases throughout the entire day. On a rare day, they may have up to a maximum of eight pick-ups. The office is only open from 6am - 3pm Monday-Friday and no pickups or deliveries are allowed before 7am. On rare occasions, they will allow a pick-up on Saturday by appointment only, but this only occurs 1-2 times a month at most. Access to the site is via a patent easement that is 25’ wide and runs east of their property over to 15th Avenue as seen in the photo above. The Hermans have not had any issues with ingress and egress to the site. Nor have they had any issue with circulation on site because they created enough circulation space to allow the largest trucks that visit the site to turn around without the need to back up. The drive aisle for the site is wide enough to accommodate fire trucks or other emergency vehicles. Description of Proposal 4 Typical Pick-up On-site activity is minimal. When a client comes to pick up a tank, they will arrive in a pickup truck, truck with trailer, box truck, or semi-truck— depending on the size and quantities of the tanks. If needed, someone meets the driver at the property entrance to direct the visitor throughout the site within the predetermined circulation pattern. The active portions of the site are covered with a 2” layer of ABC rock mulch, which helps keep dust down and provides a stable surface from which they can load and unload trucks with their product. To the right is a photo of the boom lift with fork attachment used to bring the customer’s purchased tank to the staging area. In the staging area, the tank is rinsed off, then loaded onto the vehicle or trailer and secured for transport. In total, the average customer visit is about 45-60 minutes on site. Refuse Pick-up For trash pick-up, a commercial receptacle is located on-site that is serviced by Republic Services. The subject site is one of many in the neighborhood that is serviced by Republic Services on a route. Pick up occurs once a week, typically in the 10am - 12pm timeframe. The use generates very little trash, and pick up is once-per-week, which is more than sufficient for the operation. 5 The subject property is in the middle of a county island (shown in yellow in the map below). It is also in the middle of a rural environment that features large lots (minimum one acre), stables, large accessory structures, additional vehicles, commercial equipment, and commercial operations. Relationship to Surrounding Area Site 6 Rural Nature of Immediate Area The aerial below shows a stark contrast between the City of Phoenix’s traditional subdivisions to the north and west and the rural properties surrounding the subject property. Of the 121 parcels, all of them, except ten, feature typical rural characteristics like livestock, trailers, abandoned cars, RVs, RV garages, stables, corrals, mechanical equipment, etc. In short, rural living is the norm in this area, not suburbia. The impact of the business on the local area is minimal due to the commercial nature of the immediate area. Of those 121 properties (which exclude churches and vacant land), at least 25 of them are operating commercial uses. And we expect the real number to be even greater than 25, since that number is only based on owner knowledge and using Google Maps business locators. After its three years of operation, we can report that the home occupation use has had a very low- impact on the residential neighborhood and actually helped to preserve the rural residential feel of the area. As a result, the Hermans have received support from neighbors who live in the adjacent area. The presence of small home-based busineses in the area is not only expected, it should be welcomed. There are increasing pressures on these rural homeowners to sell their lots for redevelopment. And while redevelopment can be a positive, we expect these rural neighbors want to preserve their rural surroundings. And yet to do that, practically speaking, it’s necessary to 7 decrease the pressure on owners to sell. Allowing reasonable, home-based businesses is a key way to do that. To make good use of these large lots, homeowners can either develop a large home and yard space that fills the lot or they can bring in appropriate home-based businesses. By allowing the latter, the County helps to decrease the pressure for redevelopment. Of course, it is important to make sure the rural character is protected through that process—as has been done in the Herman’s case. But when this process is done correctly, these small home-based busineses are a viable solution to preserving the rural character. A Pre-Application meeting for this proposal was held on January 28, 2025. During the meeting, staff noted the Herman’s use could continue without an SUP as long as it was in full compliance with the requirements of Article 501.2.10. We analyzed the use against those requirements and found that the Hermans complied with 10 out of 14. Because we need relief on a few minor requirements, this SUP application is necessary. But none of the needed deviations create a negative impact on the rural environment of the area. Below is a review each of the regualtions for home occupations and how the Herman’s business relates to each. a. The entrepreneur of a home occupation shall reside in the dwelling on the property in which the business operates. Full Compliance. Both Mr. and Mrs. Herman reside permanently in their home on the subject property. b. The number of persons who are employed in connection with the occupants, but who are non-residents of the dwelling on the property in which the business operates, shall not exceed three, unless the non-resident employees are an immediate family member (spouse, child, sibling, parent, grandparent, grandchild, step parent, step child, step sibling) whether related by adoption or blood. Full Compliance. There are only two other people who work with the Hermans. One is their next-door neighbor to the north who walks over for work. The other is their 17-year-old grandson who works with the Hermans on a part-time basis. He currrently just stays with the Hermans on the days he works. Discussion 8 c. The business shall be conducted entirely within a completely enclosed building, other than allowance for limited outdoor storage per item ‘n’ below. Physical business activity other than storage may occur within the area described per item ‘n’ below except that no mechanical equipment or power tools shall be operated out of doors, and in no instance shall any outdoor activity exceed the height of screening and not to exceed eight (8) feet. Partial Compliance. The daily office functions are completed inside the house. The tanks are stored outside, which is permitted as outdoor storage under this requirement. The cumulative outdoor sttorage area is approximately 13% of the site, which is well under the 25% allowance referred to in part ‘m’ several pages below. Deviation. There are two pieces of equipment that are used outside. When a tank is to be picked up, a small boom lift with a fork lift attachment picks up the tank and places it on the conrete pad. A pressure washer is used for a few minutes to rinse off the tanks before they are loaded prior to being picked up. No soaps or surficants are used. As such, it is only water with accumulated dust that rinses off of the containers and into the ground. The lift and pressure washer produce limited noise. Plus, there are only a handful of pickups per day and all pick ups occur during normal daytime hours. As such, we see no negative impact on the rest of the rural area. As for the requirement for outdoor storage to be under 8’, we need a 6” deviation. The largest tanks are stored on their sides and end up being 8.5’ tall. This slight deviation is virtually undectable. d. The home occupation shall not interfere with the delivery of utilities or other services to the area. Full Compliance. The home occupation does not interfere with the delivery of utilities or other services to the area. 9 e. The business shall not generate any noise (if the noise would be considered to have an adverse impact on the surrounding residential neighborhood per the Maricopa County Noise Ordinance), vibration, smoke, dust, odors, heat, glare, or electrical interference with radio or television transmission in the area that would exceed that normally produced by a dwelling unit in a zoning district used solely for residential purposes. Full Compliance. The business only has a handful of pickups per day limiting any potential adverse impacts. Regarding dust, there is an appropriate amount of ABC gravel where the vehicles manuever to ensure it mitigates dust effectively. Regarding noise, when larger trucks come to pick up a tank, they turn off their engines so there is no noise coming from an idling engine. The lift and tractor are smaller pieces of equipment that are used sparingly in the day and for only short periods of time. f. No mechanical equipment or power tools shall be used, except that used for normal household purposes if the noise would be considered to have an adverse impact on the surrounding residential neighborhood per the Maricopa County Noise Ordinance. Full Compliance. As mentioned above, the Hermans use a pressure washer to rinse off the tanks. Pressure washers are commonly used in household cleaning projects such as the cleaning of cars, boats, houses, decks, windows, and driveways. Additionally, this pressure washer is used sparingly throughout the limited business hours of 7:00am to 3:00pm. The boom lift (13,000 lbs) is very similar to, if not smaller than, many of the lifts, loaders, diggers, backhoes, dump trucks, etc. found in this County island for other businesses in the area. And as noted above, the use of this boom lift is minor through the work week and is used only to transport tanks to and from their storage location. Accordingly, even though it is not a common piece of equipment for household purposes, it has not, and will not, have an adverse impact on the surrounding neighborhood. 10 Similarly, the Hermans also have a tractor that is similar to those used in residential farms. This is also used infrequently and has not caused any adverse impacts to the surrounding neighborhood. The Hermans also use a water trailer to assist with dust suppression, if needed in addition to the use of ABC. The sound generation from this trailer is no more than that of a typical garden hose. See photograph of water trailer to the right. In summary, the Hermans’ equipment is relatively minor and used infrequently. It is consistent with the rural nature of this area and with the other businesses occuring in the area. The equipment is either consistent with households or is of the type and character that no adverse impact has been created in the prior three years of operation at this site. g. No toxic, explosive, flammable, radioactive, or other similar material shall be used, sold, or stored on the site. Full Compliance. All tanks are new, 100% empty, and pose no danger being onsite. h. There shall be no change to the residential appearance of the premises, except that a separate business entrance shall be permitted. A maximum four (4) square foot sign shall be permitted, and the sign shall otherwise meet the requirements of Article 1402.2 of this Ordinance. Full Compliance. The Herman’s received permits and built their house on site in 2019. The existing business is not expanding nor is additional development of the land planned for business purposes. The site will not have any change to the residentital appearance, minus a potential 4 SF sign that would meet the signage requirements, just to provide customers with reassurance that they have arrived at the correct location. i. Unless a passenger vehicle accessory to the residence or an employee, not more than one vehicle used in commerce shall be permitted in connection with the home occupation. Said vehicle shall be stored in an enclosed garage. Deviation Requested. The Hermans have two semi-trailers on the side of their house that function similar to shipping containers would—which are common in rural properties. These semi-trailers 11 allow for storage that is protected from the elements. The trailers do not have a connected tractor, and they blend in with the operation (see photos below): The standard for no more than one vehicle makes sense for home occupations that operated within typical suburban subdivision. In that case, we wouldn’t want three company trucks parked on the driveway. But here, the Hermans have a large lot, and these two trailers are located next to the house, amidst other outdoor storage. There is no adverse impact on neighbors stemming from these parked vechicles. j. The number of customers, clients, or students on the premises shall not exceed five at any time. Full Compliance. Customer overlap is minimal, if it occurs at all. On the rare occasion that two customers are onsite simultaneously, it is limited to just those two individuals (and possibly another person with each). But the number does not exceed five. 12 k. Deliveries from commercial suppliers (vehicle weight greater than 10,000 lbs.) shall not restrict traffic circulation, and shall occur between 8:00 a.m. and 5:00 p.m., Monday through Friday. Full Compliance. Deliveries from commerical suppliers with a vehicle weight greater than 10,000 lbs., shall occur between 8am and 5 pm Monday through Friday so as to not restrict traffic circulation. l. If the home occupation requires that any non-resident employees, customers, clients, or students visit the property, a minimum of one (1) additional off-street parking space shall be provided per Chapter 11, Section 1102. of this Ordinance. The maximum number of additional off street parking spaces permitted shall be three. Deviation Requested. As stated above, the Hermans employ their grandson on a part-time basis. He currently just resides with the Hermans on the days he’s working. The only non-resident employee walks to the property from his home next door. Accordingly, there is no need for a parking space, and we would ask for relief from this requirement. The Hermans are amenable to adding a parking space if, in the future, a non-resident employee works on the site and does not live next door. As for customers, there is no need for delineated parking. The only customers who visit the site are those who have already purchased a tank through Tank Depot. Thus, the only customers visiting the site are those who are picking up product. No customers ever come to the site to simply visit the office. Thus, all customers simply use the loading area and all parking occurs within that area. The Hermans have ensured that the loading area has more than sufficient space for parking large trucks, small trucks, and other vehicles (should one accompany a truck). Based on the above, our request is that the busienss only be required to have one parking space (outside of those used by the Hermans). m. The outdoor storage of materials shall be limited to a maximum of 25% of the total lot area and shall not be located within any required front or street side yard. Any outdoor storage shall be completely fenced with a solid masonry wall or wood fence to obstruct the view to a height equal to the elevation of the tallest materials to be stored with a maximum height of stored materials of eight feet. Deviation Requested. The Hermans are currently below the 25% maximum lot area, with only 13% designated for open storage. However, the Hermans would prefer to have the ability to store up to 35% of the maximum lot area, so that they have the option to secure additional inventory if deals or other opportunities arise. Operating with limited inventory makes them more at the mercy of whatever the market price is at the time more inventory is needed. A little extra flex space would 13 allow them to take advantage of sales and other opportunities when buying product. For a mom and pop operation, that type of flexibility can make a big difference. Yard regulations for the site are 30’ (front), 30’ (side), and 40’ (rear), per section 503.4.1.a , 503.4.2 and 503.4.3. The Hermans do store product within the front and side setbacks. However, these smaller tanks are purposely placed there to provide ample circulation space for trucks in the middle of the site. If the tanks were moved away from the setbacks into the middle of the site, it would make it difficult (or impossible) for the trucks to have the proper approach and circulation space. Additionally, if the Hermans were to group more product together to save space, it would make it difficult to retrieve a tank for pick up and would lead to more use of the mechanical equipment. A combination of fencing and landscaping is already positioned around the site. Along the north and west property lines, there is existing landscaping and existing fencing that provide adequate screening (see below). On the east and south property lines, there is a combination of 6’ chainlink fencing (with opaque fabric) and 6’ CMU (shown in diagram below). This fencing/wall combination provides adequate screening of the site. We believe the existing screening and landscaping are appropriate for three main reasons. First, the context of this area is rural with large lots. None of this storage is near any adjacent residence 14 or outdoor space that might be used for recreation (like might exist in the backyard of a suburban subdivision). Given this context, there is nothing intrusive about the storage or its location, especially given the existing fencing and landscaping. Second, outdoor storage is extremely common in this area, which is revealed in the aerial below. As a consequence, the Hermans’ organized, clean, and orderly storage is well within the community character. Third, in the three years of operation, there have not been any issues from residents in the area. The use simply exists in harmony with the area. 15 We recognize that there is a gap in the fencing on the south side of the site. However, that opening is necessary to allow historical flows to continue through the site. On the east side of the site, water flows into an existing 8” steel pipe. The flows, which are very minor but still exist, flow within the red lines indicated in the map below. The outfall then occurs on the south side of the property, where the gap is. The Hermans do have wire fencing in that area, but they cannot have a CMU wall or any fencing that could catch material and cause damming. For the above reasons, we believe the existing storage locations and screening (walls, fences, and landscaping) are appropriate and adequate for the proposed use. n. All outdoor lighting shall be shielded so as not to direct or reflect light upon adjoining land, shall not be constructed within 20 feet of any adjoining property under other ownership, and shall not exceed 20 feet in height. Full Compliance. The Hermans want to appreciate the dark skies and have not installed any lighting for their business. 16 The site receives zero-foot traffic and only a handful of scheduled vehicles daily. With only a handful of pickups daily, which are staggered, traffic to the site is very minimal and has no congestion. Access to the site is west off 15th Avenue. Once heading westbound, a recorded 25’ patent easement provides the sole ingress and egress to the site. The site has a gate that stays open during business hours. Location and Accessibility 17 In the photo to the right, we have added arrows that show the circulation for trucks entering and leaving the site. With an approximate 90’ turning area, all trucks, including semi-trucks, can easily enter and later exit the loading area without having to back up. The areas marked in green (to the right) have ABC gravel to control dust. These areas serve as the customer circulation area, the drive aisles for the Hermans to store and retrieve product, and the drive aisles for the Hermans’ residential use. The photo below shows how a semi-truck delivering product can turn around on the site without backing up. The site is fully developed with no additional development planned. Cave Buttes Recreation Area- 3miles Hope Church- .6 miles Happy Valley Romanian Pentecostal Church- .8 miles Apostolic Christian Church- 1.0 miles Phoenix Fire Station 55- 1.8 miles Love Community Church- 1.9 miles Union Park MS- 2.0 miles Norterra Canyon Elementary School- 2.3 miles Kuttu Peak- 3.4 miles Sandra Day O’Connor High School- 3.5 miles Deer Valley Airport- 4.4 miles Circulation System Development Schedule Community Facilities and Services 18 Sewer- Septic Water- Well Refuse- Private – Republic Services Fire- Combination of City of Phoenix Fire Department and Daisy Mountain Fire & Medical In the preceding sections, we have identified and discussed the minimal impact the proposed home- based business will have on the surrounding area. We now wish to discuss the benefit this use has on the community. The tanks that are picked up at this location by customers are used for a variety of different uses. The tanks include water storage tanks, septic tanks, rainwater harvesting tanks, distribution boxes, IBC Totes, and transport tanks. Many of these tanks are used in more rural areas and in county islands that may not be served with sewer or water service. This includes the county island of which this business is a part. In particular, residents and businesses in more rural areas rely on water storage tanks as a critical solution for addressing water scarcity, unreliable wells, limited access to municipal water providers and unfeasible well drilling. This makes the proposed home-based business a huge benefit to the community and to Arizona’s rural areas. In fact, multiple water tanks have been purchased and picked up by neighbors in the immediate area. Phoenix sits at the heart of the desert Southwest, a region grappling with long-term drought and shrinking water supplies. A retail company specializing in water storage tanks directly addresses urgent local needs driven by environmental, infrastructure, and regulatory pressures. There are real and growing water shortages, which create a need for water tanks. Phoenix just experienced one of its longest dry spells in history, with over 145 days without rain as of January 2025. Severe to extreme drought conditions persist across Maricopa County, where Phoenix is located. The Arizona Department of Water Resources confirms that drought is a chronic issue, and even recent rainfall events have led to flash flooding rather than meaningful water replenishment because of the dry ground caused by the drought. Wells are starting to run dry, and drilling has become very expensive, often pricing out many who would have in the past drilled their own well. Groundwater access is increasingly unreliable. In rural and fringe areas of Phoenix, private wells are drying up, and drilling new ones is often cost- prohibitive or geologically unfeasible due to deep aquifers and regulatory constraints. Arizona officials have begun restricting new development in areas where groundwater cannot be guaranteed, underscoring the urgency of alternative water solutions. Community Facilities and Services Benefit to Community 19 Municipal water access is not universal and while Phoenix has a robust municipal water system, not all properties—especially in expanding suburban and rural zones—are connected to it. This is because although the city is growing rapidly, its main water sources (like the Colorado River) are shrinking, prompting massive investments in conservation and infrastructure. The City of Phoenix has a drought management plan, but it emphasizes conservation and long-term planning, not immediate relief for disconnected or underserved areas. Water tanks are the answer to many of these problems because households and businesses are preparing for potential emergencies during water outages or supply disruptions. Rainwater harvesting capabilities can catch what little rainfall occurs and water tanks are essential in storing these waters. Additional supplemental storage is often needed for properties relying on hauled water or for those that have intermittent well access. Water tanks also provide support for off-grid living, agriculture, and construction in areas beyond municipal reach. The demand for water tanks is not just practical—it’s urgent in a dry climate where we see little rainfall and where development is demanding more and more of the limited available groundwater. With growing awareness of water insecurity, consumers are actively seeking solutions to store and manage water independently. A tank service in Phoenix, such as the use proposed here, can serve homeowners, farmers, developers, and emergency planners alike. Finally, in terms of community benefits, as was noted earlier, allowing reasonable and low impact uses of rural properties helps to reduce the redevelopment pressures on such lots. If these large lots cannot be used in a reasonable manner that makes sense for homeowners, and they just become large lots in the middle of an urbanized Phoenix environment, there is a much greater likelihood that they will be sold to a developer and redeveloped. Although there are certainly benefits to redevelopment, we expect the neighbors of this area to prefer preserving their county island and its rural nature. The immediate area is replete with small businesses, with homeowners making appropriate and low-impact use of their large, rural properties. This is not only expected, it should be welcomed. By allowing reasonable and low-impact use of rural properties, as we are requesting here, the County will provide a greater chance of this county island being preserved for those who call it their rural home. The Hermans have created a home occupation that is quiet and has minimal traffic and activity. The site is well maintained, and the use is consistent with the rural and often commercial nature Conclusion 20 of this county island. The Hermans have received support from their neighbors. We are confident the use will continue to be compatible with the area moving forward. Engineering Division 2901 W. Durango Street Phoenix, Arizona 85009 P: 602.506.4889 F: 602.506.5969 MCDOT Planning TAC Comments Date: 10/21/2025 TAC Assigned Number: SU250032 APN: 210-11-019B Description of Request: SUP to allow onsite tank sales Project Name: Herman’s Tank SUP Reviewer Contact Information For any questions related to the comments herein please contact MCDOTPlanning@maricopa.gov or 602-506-7223. 1st Submittal Comments • There are Federal Patent Easements within the parcel. No encroachments are allowed within the area unless abandoned. o Applicant must contact MCDOT for further interest in the Patent Easement Abandonment Process. 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 Herman’s Tank SUP 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. 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. Project Name: Herman’s Tank SUP Primary Contact Name: Michael Buschbacher II Planning Application Type: Special Use Permit APN(s): 210-11-019B Reviewer: Joseph Churby, P.E. Email: Joseph.Churby@maricopa.gov Phone: 602-372-2754 Planner Name: Isaac Perez Planning Case #: SU250032 Date: October 16, 2025 Water and Waste Management Division 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: October 17, 2025 Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning & Development Attn: Isaac Perez, Planner, Planning & Development Services cc: Bob Fedorka, PE, Engineering Manager, Planning & Development From: Zachary Kobza, PE, Senior Plans Examiner Engineer, Planning & Development Subject: SU250032 – SUP to allow onsite tanks sales APN(s): 210-11-019B Engineering Review has reviewed the first plan and report routed for review on 09/1082025, for the subject application and has no objections: The following stipulations will apply: 1. Based on the narrative and drainage reports, no new developments are being proposed with this application. If new developments are proposed in the future, a new entitlement application will be required. 2. 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. 1 Isaac Perez (PND) From: Rachel Applegate (PND) Sent: Wednesday, January 7, 2026 12:18 PM To: Isaac Perez (PND) Subject: FW: Online Form Submittal: Comment on a Planning Case From: noreply@civicplus.com <noreply@civicplus.com> Sent: Wednesday, January 7, 2026 12:12 PM To: Rachel Applegate (PND) <Rachel.Applegate@Maricopa.Gov> Subject: Online Form Submittal: Comment on a Planning Case Comment on a Planning Case Case Number & Project Name SU250032 Comment I am writing to officially register my opposition to the proposed Special Use Permit for the property commonly referred to as Herman’s facility. T he subject property is located 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 Comment on a Planning Case Case Number & Project Name SU250032 Comment I am writing to officially register my opposition to the proposed Special Use Permit for the property commonly referred to as Herman’s facility.The subject property is located in the middle of an established residential neighborhood. Allowing a commercial operation in the center of a residential area is fundamentally incompatible with the existing land use and undermines the character, safety, and livability of the neighborhood.This area is not served by paved roads. Access consists of dirt trails that were never designed to accommodate commercial traffic. The introduction of daily semi-trucks and other heavy vehicles will create excessive dust, degrade road conditions, and negatively impact residents’ health, property, and quality of life. This level of traffic is inappropriate for residential infrastructure and will impose ongoing maintenance and environmental burdens on the surrounding community.Additionally, there are serious safety and security concerns. Increased commercial activity will result in unfamiliar individuals entering the neighborhood daily. I cannot accept the risk of strangers trespassing on or near my property in order to access this facility. This poses an unacceptable threat to personal safety, privacy, and property security for residents.For these reasons—land use incompatibility, inadequate infrastructure, environmental impacts, and safety concerns—I strongly urge the County to deny this Special Use Permit. 2 Thank you for considering my formal objection. Name GEORGE BOCHIS Address 25918 N 15TH LN City Phoenix State AZ Zip Code 85085 Email Address Phone Number Email not displaying correctly? View it in your browser.