07.BA260020 BOA Staff Report

Report to the Board of Adjustment 
Prepared by the Maricopa County Planning and Development Department 
 
 
Case:   
 
 
BA260020 – Castillo Property  
 
Hearing Date:  
 
April 16, 2025 
 
Supervisor District: 
 
2 
____________________________________________________________________________________________ 
 
Applicant: 
Iker Mata 
 
Property Owner: 
VM Construction LLC, and Propiedades de Inversion Arizona LLC 
 
Request: 
Variance to the development standard of the Maricopa County Zoning 
Ordinance to permit: 
 
1) 
Proposed rear (west) setback of 4’ where 25’ is the minimum permitted 
per MCZO Section 502 
 
Site Location: 
APN 218-26-077P @ 169 N 81st St – Akron St. and 81st St., in the Mesa 
area 
 
Site Size: 
 
 
7672 sq. ft.  
 
Current Use / Zoning: 
Vacant (residence under construction) / R-5 
 
 
Background: 
 
1. 
October 1, 2024: Parcel is created via unregulated land division of parent parcel 218-26-077L. 
 
2. 
October 2, 2024: Current owner takes possession of the subject property. 
 
3. 
October 2, 2025: Residential building permit BLDR2502777 is issued by staff in error. Zoning 
clearance review overlooks that the required 25’ half-street future right-of-way reservation for a local 
street alignment (81st St) was not illustrated on the site plan. 
 
4. 
January 21, 2026: Applicant’s contractor passes four building inspections. Applicant is notified of 
the setback error prior to vertical construction. 
 
5. 
February 6, 2026: Stop Work Order issued. 
 
6. 
February 25, 2026: Subject variance request filed. 
 
 
Existing On-Site and Surrounding Zoning/Land Use: 
 
7. 
On-site: 
R-5 / Vacant (residence foundation) 
 
North:  
R-5 / Vacant 
South:  
R-5 / Vacant (residence foundation) 
East: 
 
R-5 / Vacant

Page 2 of 9 
 
 
West:  
81st St then R5 / Single-family residence 
 
Variance Request: 
 
8. 
The applicant is in the process to permit a duplex under BLDR2502777. The residence was 
originally proposed with two driveway entrances west off of 81st St. and the homes oriented west 
facing 81st St. On January 16, Chief Building Official notified the applicant of the additional 
setback requirement due to the 25’ reserved right-of-width for 81st St. not captured during zoning 
clearance review. The applicant decided to orient the houses to the east which would not require 
the foundation to be modified and was advised to apply for a variance to reduce the required 
setback to accommodate the existing foundation. The variance is necessary to secure zoning 
clearance for the future modification of building permit BLDR2502777. 
 
Excerpt from proposed site plan

Page 3 of 9 
 
Photographs of subject site 
 
 
Site Analysis: 
 
9. 
The site is unencumbered by any natural obstacles. The site is flat and surrounded by 
development. A half width 25’ right-of-way reservation exists within all lots lining the eastern side 
of 81st St. between Boise St and Akron St. 
 
Aerial photo of subject site

Page 4 of 9 
 
Aerial image & surrounding environs

Page 5 of 9 
 
Eagle view of subject site looking north into subject parcel (aerial image dated 3/1/25).

Page 6 of 9 
 
Zoning District map

Page 7 of 9 
 
Zoning District Standards: 
 
10. 
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). 
 
 
Standard 
 
R5 Zoning 
District 
Proposed with 
Variance 
Min. Front Yard Setback (residence from eastern property 
line)  
10’ 
n/a 
Min. Rear Yard Setback (residence from western property 
line) 
25’ 
4’ 
Min. Side Yard Setback (residence from northern property 
line) 
5’ 
n/a 
Maximum Height  
40’ 
n/a 
Minimum Lot Area 
1,000-sq. ft. 
n/a 
Minimum Lot Width 
60’ 
n/a 
Lot Coverage 
60% 
n/a 
 
Note: Standards indicated in bold do not meet base zoning standards 
 
  
 
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.”  
 
11. 
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.   
 
“Variance is being requested in order to meet the rear setback requirement. The situation is that 
work has already commenced per the approved plans but the ROW Reservation was not included. 
In order to meet the ROW Reservation we are changing the orientation of the home from facing 
West to East which is what would cause us to not meet the rear building setback. The hardship 
imposed by the zoning ordinance without a variance would be tens of thousands of dollars wasted 
as they have already been spent on the project to do the underground plumbing, foundation and the 
lumber and truss packages that have been paid and delivered. “ 
 
12. 
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. 
 
“Being that the property being built is still the same and only the orientation is being switched, not 
approving this variance would cause and extensive financial hardship as the work completed thus 
far and the money that has already been spent on the project would have to be forfeited..”

Page 8 of 9 
 
13. 
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. 
 
“Approving this variance would not change the property type or intended use of the land which 
would follow the zoning ordinance.” 
 
Findings:  
 
14. 
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.   
 
15. 
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 R-5 multi-family residential would permit a multi-story multi-family residential building.  
• 
However, staff notes the permit for a duplex was previously issued in error that would have 
resulted in the building encroaching into the required rear yard / ultimate street line. The 
applicant has voluntarily modified his building plans to lessen encroachment into required 
setbacks. 
 
16. 
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: 
 
a) 
Variance approval establishes the east lot line as the front lot line for APN 218-26-077P. 
b) 
Variance approval establishes a 4’ rear (west) setback line for APN 218-26-077P.

Page 9 of 9 
 
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
2
Gross Acres: 0 approx.
Generated March 30, 2026 2:12 PM
BA260020
Application Name:
Legal Description
169 N 81ST ST MESA ARIZONA 85207
Applicant
Case Address
1N 7E 20
Iker Mata
169 N 81ST ST
Applicant Phone/Email
Parcel Primary:218-26-077P
(480) 309-1120
MESA, AZ 85207
Map scale 1:245
Supervisor District No.
REAR SET BACK REDUCTION


	
	

		
	
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3/23/2026
CUSTOM HOUSE
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20240192435
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BA260020 rcvd 3/24/26