03.BA260005 BOA Staff Report

Maricopa County — Board of Adjustment (2026-04-16)

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Report to the Board of Adjustment 
Prepared by the Maricopa County Planning and Development Department 
 
 
Case:   
 
 
BA260005 – Romero Property  
 
Hearing Date:  
 
April 16, 2025 
 
Supervisor District: 
 
3 
____________________________________________________________________________________________ 
 
Applicant / Property Owner: Yessika Romero 
 
Request: 
Variance to the development standard of the Maricopa County Zoning 
Ordinance to permit: 
 
1) 
Proposed rear (west) and side (east) setback of 1’ where 3’ is the 
minimum permitted per MCZO Article 806.2.1  
 
Site Location: 
APN 211-86-927 @ 40908 N. Lytham Way – Spirit Dr. and Lytham Dr., in 
the Anthem area 
 
Site Size: 
 
 
9534 sq. ft.  
 
Current Use / Zoning: 
Single-family residence / R1-6 RUPD 
 
 
Background: 
 
1. 
January 28, 2004: Recording date of subdivision plat S2003052 ‘Anthem Unit 38’. 
 
2. 
September 22, 2020: Current owner takes possession of the subject property. 
 
3. 
Sep – Oct 2024: Historical aerial photography shows the erection of the outdoor kitchen island 
consisting of 7’ high backsplash wall, BBQ grill and fireplace. A second shade structure next to an 
existing shade structure as well as a shade structure over the outdoor kitchen is also shown. 
 
4. 
August 15, 2025: Date of building permit application for the as-built construction, BLDR2506557; the 
shade structure over the outdoor kitchen is no longer proposed and removed. 
 
5. 
February 10, 2026: Applicant receives letter from Anthem HOA to produce County approved permits 
for the unpermitted construction by April 30, 2026. The violation was not reported to County code 
enforcement. 
 
Existing On-Site and Surrounding Zoning/Land Use: 
 
6. 
On-site: 
R1-6 RUPD / Single-family residence 
 
North:  
R1-6 RUPD / Single-family residence 
South:  
Spirit Dr. then R1-6 RUPD / Single-family residence 
East: 
 
Lytham Way then R1-6 RUPD / Single-family residence  
 
West:  
R1-6 RUPD / Single-family residence

Page 2 of 8 
 
Variance Request: 
 
7. 
The applicant is in the process to permit an as-built outdoor kitchen that consists of a 7’ high 
backsplash wall setback approximately 1’ from the northern property line and 1.5’ from the east 
property line. The variance is necessary to secure zoning clearance for the pending building 
permit BLDR2506557. The minimum setback requirement for all accessory structures is 3’ from 
all interior lot lines. Staff notes the outdoor kitchen is uncovered, see photographs as provided by 
the owner.  
 
Excerpt from proposed site plan 
 
 
 
Photographs of subject structure 
 
 
 
Site Analysis:

Page 3 of 8 
 
 
8. 
The site is a typical single family residential lot developed as part of Anthem Unit 38. General 
regulations for detached accessory structures requires a minimum of 3’ setback from interior lot 
lines, all of which would have been enforced during the building permit process. 
 
Aerial photo of subject site

Page 4 of 8 
 
 
 
 
 
 
 
Aerial image & surrounding environs 
 
 
Eagle view of subject site looking east into subject parcel (aerial image dated 3/1/25).

Page 5 of 8 
 
 
 
Zoning District map 
 
 
 
 
Zoning District Standards: 
 
9. 
The following table is included to illustrate and contrast the standards for the underlying zoning 
district with those proposed by the owner (Note: changes to proposed standards are indicated in 
bold). 
 
 
Detached Accessory Buildings & Structures Standards
 
 
R1-6 RUPD 
Proposed with 
Variance 
Min. Front Yard Setback (structures from eastern property 
line)  
14’ 
n/a 
Min. Rear Yard Setback (structures from western property 
line) 
3’ 
1’ 
Min. Side Yard Setback (structures from northern property 
line) 
3’ 
1’ 
Min. Street-Side Yard Setback (structures from southern 
property line) 
7’ 
n/a 
Maximum Height  
39’ 
n/a 
Minimum Lot Area 
4,200-sq. ft. 
n/a 
Minimum Lot Width 
42’ 
n/a 
Lot Coverage 
52% 
n/a 
 
Note: Standards indicated in bold do not meet base zoning standards

Page 6 of 8 
 
 
  
 
State Statute / County Zoning Ordinance Tests - ARS § 11-816.B.2 and MCZO Article 303.2.2 states the 
Board of Adjustment may, “Allow a variance from the terms of the ordinance if, owing to peculiar 
conditions, a strict interpretation would work an unnecessary hardship and if in granting the variance the 
general intent and purposes of the zoning ordinance will be preserved.”  
 
10. 
Statutory Test -1 Does the applicant’s property contain any peculiar condition– Discuss and 
explain what is/are the peculiar conditions facing the property and include reference to the 
Maricopa County Zoning Ordinance Regulations or Development Standards to be varied.   
 
“I am applying to request a variance from the required setback to allow an existing permanent 
masonry outdoor barbecue and decorative fireplace to remain 1 foot from the interior rear and side 
property line and block wall, where a 3 foot setback was required. Strict enforcement of the setback 
would make the placement an HOA code violation and the structure would not be approved in the 
community by HOA rules and regulations. The structure was built entirely within the enclosed block 
wall, and not visible from neighboring homes as its lower than the block wall and does not impact 
surrounding homes. The outdoor fireplace is decorative only and does not have gas supply or any 
utilities and the grill/burner operates solely using 15 lb portable gas cylinders, making the structure 
safe and not a risk to neighboring properties. The structure was constructed without prior 
knowledge of the applicable setback requirement and I did not think it was a problem as I have seen 
several neighbors with the similar structures that are against the block wall. Had I been aware of 
this requirement I would not have built something that would make my house be in a constant HOA 
violation. Approval of this variance is required to get HOA approval and avoid violations and bring 
to full compliance. Granting the variance will not be detrimental to the neighborhood and will allow 
an existing, safe residential improvement o remain. None of the contractors we used to help us let 
us know of this setback requirement and now we ask you to help us with this difficult situation. “ 
 
11. 
Statutory Test 2 – Does applying the requirements of the Ordinance to the applicant’s property 
create an Unnecessary Hardship – Explain how the peculiar condition identified in #1 causes an  
unnecessary hardship to the property when the requirements of the Maricopa County Zoning 
Ordinance are applied.  Explain how the that the peculiar condition of the property came to be and 
whether the condition was created by the applicant or someone in the property’s line of title. 
Explain the proposed use of the property with the variance request. Identify and explain all 
peculiar conditions on your property in regard to the following areas: slope, narrowness, 
shallowness, irregular shape, location, washes, vegetation, and easements, etc. Explain how 
enforcement of the Zoning Regulations or Development Standards would impose a hardship on 
the property. 
 
“While the structure was constructed prior to knowledge of the setback requirement, The enclosed 
rear yard had limited space to built the structure and if we would have left the 3 foot setback the 
structure would not have had a functional placement due to the physical limitations of the rear yard. 
Shifting the structure further into the yard would disrupt the proportional relationship between the 
structure, existing hardscape and outdoor living area, resulting in an impractical layout. The current 
placement allows the structure to be properly integrated with the existing patio and yard 
configuration. Additionally, the HOA places emphasis on maintaining consistent community 
aesthetics and quality design. This impact is not a matter of personal preference, but rather a result 
of the physical constraints of the property, which limit viable placement . The placement of the 
structure resulted in a private structure that does not affect any neighboring homes.  Unfortunately, 
I was not aware of this rule prior to completing the structure. We found out once the HOA sent us a 
letter with the facts. We did not wish to impose our ideas over the rules, and need this variance to 
have the house be in full code compliance per Maricopa county and Home Owners Association 
rules.”

Page 7 of 8 
 
 
12. 
Statutory Test 3 – General Intent and Purpose of the Zoning Ordinance – Discuss the purpose 
of the zoning requirement from which the variance is being sought. Then, discuss and explain 
how, provided statutory tests #1 and #2 are satisfied, the granting of the requested variance 
would preserve the general intent and purpose of the Zoning Ordinance. 
 
“Granting the requested variance would not negatively impact the intent and purpose of the Zoning  
Ordinance. Several neighboring homes already feature structures similar to the one built and many 
of which are attached to the block wall, demonstrating that such constructions are consistent with 
the character of the area. The requested variance pertains to an accessory structure that poses no 
risk to the neighboring properties, as it is safe, solid, and well constructed addition. Appoval of this 
variance would simply bring a home into full compliance with both HOA and county regulations 
,ensuring that the structure meets all apllicable safety and code requirements. Far from 
undermining zoning objectives, this variance would have a positive effect by formalizing a 
complaint, secure structure that aligns with existing development patterns.” 
 
Findings:  
 
13. 
The applicant has the burden of proving to the Board that, in accordance with the standard set 
forth in ARS §11-816.B.2 and MCZO Article 303.2.2, the property requires a variance. To grant the 
relief, the applicant must prove, and the Board must find and identify, a physical condition of the 
applicant’s property that is peculiar and not common to the area or the universe of the zoning 
district. Also, any such peculiarity must not have been created either by the applicant or anyone 
in the chain of title. If the Board determines that there is no such peculiar physical condition, its 
inquiry stops, and the application must be denied. 
 
If the Board identifies a peculiar physical condition of the applicant’s property which is not self-
imposed, then the applicant must prove, and the Board must find and identify, an unnecessary 
hardship imposed upon the property due to the strict application of the requirements of the zoning 
ordinance which the applicant wishes to have varied such that there is no viable use of the 
property without the variance.  
 
If the Board identifies a peculiar physical condition of the property which is not self-imposed, and 
that in applying the requirements of the zoning ordinance to the property, because of the peculiar 
physical condition, an unnecessary hardship exists, the applicant must prove, and the Board must 
find and identify, how the granting of the variance will preserve the general intent and purpose of 
the zoning ordinance. 
 
In order to approve the variance the Board must make findings and articulate them in motion 
memorializing the above.   
 
14. 
Based upon what the applicant has submitted and the staff analysis in this report, staff offers the 
following positive and/or negative observations the Board may consider in its findings: 
 
• 
After reviewing the submission, Staff is unable to identify a peculiar condition of the property 
that prevents reasonable development of the lot.  
• 
The reduced setback allowances (up to 3’ from interior property lines) for detached accessory 
structures is more than adequate to accommodate typical single-family accessory structures.  
• 
The variance is unwarranted because the hardship is self-imposed and not caused by a 
peculiar condition.  
 
15. 
And further, if the Board finds the applicant has satisfied the statutory test, and has stated its 
findings on the record, the grant of this variance will memorialize the following:

Page 8 of 8 
 
 
a) 
Variance approval establishes a 1’ rear (west) setback line for APN 211-86-927. 
b) 
Variance approval establishes a 1’ side (north) setback line for APN 211-86-927.  
 
 
Presented by: 
Daniel Johnson, Planner 
Reviewed by: 
Darren V. Gérard, AICP, Planning Manager  
 
Attachments: 
Case Map (1 page) 
 
Application / Supplemental Questionnaire (3 pages) 
 
Site Plan (1 page)

/
Maricopa County Planning & Development - Phoenix, AZ
3
Gross Acres: 0 approx.
Generated March 30, 2026 2:10 PM
BA260005
Application Name:
Legal Description
Romero Property
Applicant
Case Address
6N 3E 19
Yessika Romero Gonzalez
40908 N LYTHAM WAY
Applicant Phone/Email
Parcel Primary:211-86-927
(480) 625-7968
PHOENIX, AZ 85086
Map scale 1:327
Supervisor District No.
Rear setback request to 1-foot.

02/06/2026

I am applying to request a variance from the required setback to allow an existing permanent masonry 
outdoor barbecue and decorative fireplace to remain 1 foot from the interior rear and side property line 
and block wall, where a 3 foot setback was required. Strict enforcement of the setback would make the 
placement an HOA code violation and the structure would not be approved in the community by HOA 
rules and regulations. The structure was built entirely within the enclosed block wall, and not visible 
from neighboring homes as its lower than the block wall and does not impact surrounding homes. 
The outdoor fireplace is decorative only and does not have gas supply or any utilities and the grill/
burner operates solely using 15 lb portable gas cylinders, making the structure safe and not a risk to 
neighboring properties. The structure was constructed without prior knowledge of the applicable 
setback requirement and I did not think it was a problem as I have seen several neighbors with the 
similar structures that are against the block wall. Had I been aware of this requirement I would not have 
built something that would make my house be in a constant HOA violation. Approval of this variance is 
required to get HOA approval and avoid violations and bring to full compliance. Granting the variance 
will not be detrimental to the neighborhood and will allow an existing, safe residential improvement o 
remain. None of the contractors we used to help us let us know of this setback requirement and now 
we ask you to help us with this difficult situation.
While the structure was constructed prior to knowledge of the setback requirement, The enclosed rear yard 
had limited space to built the structure and if we would have left the 3 foot setback the structure would not 
have had a functional placement due to the physical limitations of the rear yard. Shifting the structure further
into the yard would disrupt the proportional relationship between the structure, existing hardscape and 
outdoor living area, resulting in an impractical layout. The current placement allows the structure to be 
properly integrated with the existing patio and yard configuration. Additionally, the HOA places emphasis on 
maintaining consistent community aesthetics and quality design. 
This impact is not a matter of personal preference, but rather a result of the physical constraints of the 
property, which limit viable placement . The placement of the structure resulted in a private structure that
does not affect any neighboring homes.  
Unfortunately, I was not aware of this rule prior to completing the structure. We found out once the HOA sent
us a letter with the facts. We did not wish to impose our ideas over the rules, and need this variance to have
the house be in full code compliance per Maricopa county and Home Owners Association rules. 
BA260005 RCVD 2/27/26

Granting the requested variance would not negatively impact the intent and purpose of the Zoning 
Ordinance. Several neighboring homes already feature structures similar to the one built and many of 
which are attached to the block wall, demonstrating that such constructions are consistent with the
character of the area. The requested variance pertains to an accessory structure that poses no risk to 
the neighboring properties, as it is safe, solid, and well constructed addition. Appoval of this variance
would simply bring a home into full compliance with both HOA and county regulations ,ensuring that
the structure meets all apllicable safety and code requirements. Far from undermining zoning 
objectives, this variance would have a positive effect by formalizing a complaint, secure structure that
aligns with existing development patterns.

56' - 4"
57' - 0"
14' - 2"
4' - 7 1/2"
10' - 7"
15' - 5 1/2"
19' - 3 1/2"
6' - 9 1/2"
28' - 6 1/2"
12' - 10"
1' - 4 1/2"
10' - 0"
12' - 0"
28' - 8 1/2"
2 ' - 3 1/2"
' - 3
12' - 0"
14' - 0"
14' - 0"
12' - 0"
N W OUTDOOR KITCH N
XISTING GAZ BO
XISTING GAZ BO
EXISTING HOUSE
1' - 8 1/2"
8' - 6"
117.60 SF
3' - 4"
 LIN
168 SF
168 SF
N. Lytham Way
PROPERTY LINE
FENCE
STREET LINE
OUTDOOR KITCHEN WALL
CONCRETE 
DRIVE WAY
2792 SF
23' - 2 1/2"
9' - 11"
9' - 1"
3' - 1 1/2"
7' - 7 1/2"
2' - 9"
9091.4 SF
2792 SF 
30.71%
100%
AREA (SF) 
(%) 
FENCE HEIGHT: 8'
66' - 3 1/2"
40' - 0 1/2"
7' - 3"
18' - 4"
1' - 4"
D AWN BY:
SHEET  TITLE:
ENGINEE  OF ECO D:
A
B
C
D
E
F
G
CLIENT: 
A.P.N:  
SCALE:
P OJECT:
DATE:
EVISIONS:
1
2
3
DESIGNE /D AFTE :
M C
SHEET #:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
2025-02
17/10/2025
NAME: MAXWELL  CARLSEN
E-MAIL: MAXC ESIGNS@GMAIL.COM
MOBILE: 
SIGNATURE: 
OUTDOOR KITCHEN DESIGN
1/8" = 1'-0"
A101
Site Plan
78' - 32"
GAZEBO 1
GAZEBO 2
168 SF 
168 SF 
1.85%
1.85%
34.41%
Scale: 1" = 25'
Vicinity Map
Project Address
Address: Maricopa County, AZ 
Project Name:
LOT AREA : 
TOTAL LOT COVERAGE :  .               3128 SF 
ProPERTY LINE
GAS TANK CYLINDER CAPACITY 15 LBS TANK
.Key Specifications for AmeriGas.
. Fuel capacity 15lbs of propane
.Height 18 inches
.Valve type OPD (overfill protection device)
.Material Steel
Spirit Dr.
110.12'
ProPERTY LINE
ProPERTY LINE
122.12'
3'
66
PRoperty
E
GAZEBOS HAVE NO EXISTING  UTILITY 
CONNECTIONS.
EXISTING H0USE BUILDING  
LOT NO. 82
SUBDIVISION: ANTHEM COUNTRY CLUB UNIT 38
ADDRESS: 40908 N LYTHAM WAY, 
ANTHEM, AZ 85086
PARCEL NO: 211-86-927
OWNER: YESSIKA E ROMERO AND 
REINALDO 
LOPEZ RODRIGUEZ
PERMIT SCOPE OF WORK:
NEW OUTDOOR KITCHEN WITH 
FIREPLACE
Grayed Area Not A Part
No Changes Proposed
BA260005 RCVD 2/27/26