09.BA260024 BOA 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:   
 
 
BA260024 – Pluta Property  
 
Hearing Date:  
 
April 16, 2026 
 
Supervisor District: 
 
4 
____________________________________________________________________________________________ 
 
Applicant:  
Stanislaw Pluta 
 
Property Owners: 
Stanislaw and Agnieszka Pluta 
 
Request: 
Variance to the development standard of the Maricopa County Zoning 
Ordinance to permit: 
 
1) 
Proposed front setback of 10’ where 40’ is the minimum permitted per 
MCZO Section 502. 
 
Site Location: 
APN 503-30-363 @ 24032 W. Redbird Rd. in the Wittmann area 
 
Site Size: 
 
 
Approx. 43,568 sq. ft.  
 
Current Use / Zoning: 
Single-family residence / Rural-43 
 
Open Violation: 
No violation on property 
 
Background: 
 
1. 
March 9, 2022: The Assessor’s Office processes a split of Parcel 503-30-023P into five parcels, 
each measuring approximately one acre: One of these, Parcel 503-30-363, is the parcel subject to 
this variance request. 
 
2. 
January 30, 2025: Maricopa County completes final inspections for B202208875, a building 
permit for a single-family residence on the subject parcel. The building permit identifies the front 
property line as the east property line due to the easement running along a portion of the east 
property line. This is because the cul-de-sac is delineated as an easement included as part of the 
underlying lots rather than a separate dedicated right-of-way or platted street tract. The gross 
area of the lot includes lot lines inside the easement so that the cul-de-sac crosses two separate 
lot lines. The shortest of those lines is the east lot line, which is not a traditional frontage and 
indeed only has frontage at the cul-de-sac itself and not along the greater plane of the lot line. 
 
3. 
July 3, 2025: The current owners take possession of the subject parcel. 
 
4. 
March 17, 2026: The owner submits this variance request.

Page 2 of 8 
 
Existing On-Site and Surrounding Zoning/Land Use: 
 
5. 
On-site: 
Rural-43 / Single-family residence 
 
North:  
Rural-43 / Vacant 
South:  
Rural-43 / Single-family residence 
East: 
 
Rural-43 / Single-family residence 
 
West:  
Rural-43 / Single-family residence 
 
Variance Request: 
 
6. 
The property owner is requesting a variance to MCZO Section 502 to permit a front yard setback 
of 10’ from the east lot line. The Rural-43 zoning district requires a minimum front setback of 40’. 
The property owners are hoping to build a detached accessory garage toward the northeast 
corner of the property, which the owners have determined to be the most feasible location. Since 
the MCZO does not allow detached accessory structures within a street-adjacent setback, 
reducing the required front setback would allow the garage in the location proposed. 
 
Excerpt from Proposed Site Plan 
The variance Site Plan shows the front setback measured from the south rather than from the east. 
The case file for B202208875 confirms the front setback was measured from the east lot line. 
 
 
 
Site Analysis: 
 
7. 
The subject property was created following a series of unregulated lot splits northeast of Jomax 
Road and 241st Avenue in the Wittmann area. It is one of 19 parcels that were created from what 
had been one 20-acre parcel as recently as March 2021.

Page 3 of 8 
 
8. 
Despite this series of splits, the subject Rural-43 property is generally flat and features no 
significant topographical features such as a wash or a floodplain. The most remarkable feature 
of the property is its angular east lot line relative to the other three, which, together, form right 
angles. The angled east lot line is a result of the unregulated lot split that created the subject 
parcel and its four neighbors. To form five parcels that each measured the minimum of one acre 
required in the Rural-43 zoning district, the previous owner who initiated the split formed one of 
the parcels in a shape generally corresponding with a baseball diamond (Parcel 503-30-364 as 
shown in the aerial image on the following page). To provide legal access to all five parcels, the 
previous owner recorded an easement through the middle of the lot split area. This easement, 
Redbird Road, originates at 241st Avenue on the west end of the lot split area and terminates in a 
cul-de-sac at the point where Parcels 503-30-363 (the subject parcel), 503-30-364 (the parcel 
shaped like a baseball diamond), and 503-30-365 intersect. 
 
Excerpt from Land Survey – Subject Parcel is Parcel 1B 
 
 
 
9. 
With the horizontal alignment of Redbird Road, the south lot line functions effectively as the 
subject property’s front. However, with the Road’s terminus at the point where the horizontal lot 
line intersects with the angled lot lines, both the south and east lot lines are considered street-
adjacent setbacks. This is in part because the subject property’s east lot line is also one of the 
two west lot lines for Parcel 503-40-364 (again, the parcel shaped as a baseball diamond), and 
because of where the easement terminates, those lot lines function as the latter parcel’s front. 
 
10. 
Staff notes that, where a parcel is considered to have multiple street-adjacent lot lines, the front 
is considered the shortest. On the subject parcel, the east lot line is approximately 10’ shorter 
than the south lot line. MCZO Section 201 does allow discretion where the difference in the 
dimensions of two street-adjacent lot lines is less than 15’. However, it appears that the builder 
chose to determine the east lot line as the front and the south lot line as the street side. 
Determining the south as the street side had the inverse effect of determining the north as the 
interior side; in both cases, this allowed for reduced setbacks from the north and south for the 
primary residence. 
 
11. 
Although the subject parcel’s east lot line is legally a street-adjacent lot line, it functions 
effectively as an interior side lot line. If it were legally an interior side lot line, the detached 
accessory garage would be allowed by right where the property owner has proposed building it. 
Detached accessory structures are allowed by right within required rear and interior side yards so 
long as they meet a minimum setback of 3’ (as required per building codes) and do not cover 
more than 30% of a required yard.

Page 4 of 8 
 
 
 
2026 Aerial Image of the Subject Site 
 
 
 
2026 Aerial Image of Surrounding Environs 
Note: Subject Parcel is in Red. Original Parent Parcel (Pre-2021) is in Blue.

Page 5 of 8 
 
 
Zoning District Map 
 
 
 
Zoning District Standard: 
 
12. 
The following table is included to illustrate and contrast the standards for the underlying zoning 
district with those proposed by the owner (proposed changes to standards are indicated in bold). 
 
 
Standard 
 
Rural-43 
Zoning 
District 
Proposed with 
Variance 
Min. Front Yard Setback (residence to east lot line)  
40-feet 
10-feet 
Min. Rear Yard Setback (residence to west lot line) 
40-feet 
40-feet 
Min. Interior Side Setback (residence to north lot line) 
20-feet 
20-feet 
Min. Street Side Setback (residence to Redbird Road) 
20-feet 
20-feet 
Maximum Height  
35-feet 
35-feet 
Minimum Lot Area 
43,560-sq. ft. 
43,568-sq. ft. 
Minimum Lot Width 
145-feet 
198-feet 
Lot Coverage 
25% 
≈20%

Page 6 of 8 
 
State Statute / County Zoning Ordinance Tests - ARS § 11-816.B.2 and MCZO Article 302.2.2 state that 
the Board of Adjustment may, “Allow a Variance from the terms of the Ordinance when, owing to a 
peculiar condition of the land that is not self-created in the line of title, a strict interpretation of the 
Ordinance creates an unnecessary hardship, as long as in granting such Variance the general intent and 
purposes of the Zoning Ordinance will be preserved.”  
 
13. 
Statutory Test 1 – Does the applicant’s property contain any peculiar condition – Discuss and 
explain the peculiar conditions facing the property and include reference to the Maricopa County 
Zoning Ordinance Regulations or Development Standards to be varied.   
 
“The property has an irregular shape that limits the ability to place a detached garage in compliance 
with standard setback requirements. The only feasible buildable area is located within the required 
20-foot street side setback. However, there is no physical street along this side of the property, and 
it functions as an interior side setback rather than true street frontage. 
 
“There are no washes, drainage concerns, or utility conflicts affecting this portion of the lot. The 
proposed structure will not interfere with any easements and is consistent with the approved site 
plan of the residence. Due to the configuration and limited usable space of the parcel, strict 
enforcement of the setback requirement would prevent reasonable use of the property and create 
an unnecessary hardship.” 
 
14. 
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 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. 
 
“The hardship is caused by the unique shape and layout of the lot, which is not self-created and 
exists as part of the original parcel design. Because of this configuration, the proposed location is 
the only area on the property with adequate space to accommodate a detached garage while 
maintaining proper access and functionality. 
 
“Denying the variance would prevent reasonable residential use of the property that is consistent 
with similar properties in the area. The request is minimal and will not negatively impact 
surrounding properties or conflict with existing easements or utilities.” 
 
15. 
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. 
 
“The requested variance preserves the general intent and purpose of the Zoning Ordinance by 
maintaining the residential character of the neighborhood while accounting for the property's 
unique layout. Specifically, the east side of the lot functions as an interior setback with no adjacent 
street, meaning the reduction does not interfere with public rights-of-way, sight visibility triangles, 
or traffic safety. Furthermore, the placement ensures that all structures remain a safe and proper 
distance from existing utility easements, thereby protecting public infrastructure and ensuring 
continued access for utility maintenance, which fulfills the ordinance’s goal of promoting public 
safety and orderly land use.”

Page 7 of 8 
 
 
Findings:  
 
16. 
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 302.2.2, 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.   
 
17. 
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: 
 
• 
Staff is unable to identify a peculiar condition facing the property. Although the property 
is not rectangular in shape, it otherwise meets area and width requirements, is generally 
flat, and is not encumbered by unusual topographical features like washes or floodplain. 
Furthermore, the development of a single-family residence as the primary use means that 
the property already fulfills the general intent and purpose of the MCZO. That a primary 
use was established without need for variance means that enforcement of the MCZO 
cannot be interpreted as imposing an unnecessary hardship on the property. 
 
• 
The site plan shows what appears to be ample room for the garage to be located further 
to the west, closer to the existing residence. It appears possible that the garage could be 
located outside the existing required front setback and still maintain sufficient separation 
distance from the primary residence. 
 
• 
However, the lot line from which the property owner is requesting variance functions 
effectively as an interior side lot line. If not for the Redbird Road easement terminating at 
the east lot line (for the purpose of allowing legal access to the adjacent property), the 
east lot line would be considered the interior side, and the detached garage would be 
allowed by right where proposed without need for variance. The proposed detached 
accessory building will be located 75’+ from the actual street. 
 
18. 
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 a 10’ east setback line for APN 503-30-363.

Page 8 of 8 
 
 
 
Presented by: 
Nick Schlimm, Planner 
Reviewed by: 
Darren V. Gérard, AICP, Planning Manager  
 
Attachments: 
Case Map (1 page) 
 
Application / Supplemental Questionnaire (3 pages) 
 
Site Plan (1 pages) 
 
Land Division Survey (3 pages)

/
Maricopa County Planning & Development - Phoenix, AZ
4
Gross Acres: 1 approx.
Generated March 30, 2026 2:13 PM
BA260024
Application Name:
Legal Description
RV GARAGE
Applicant
Case Address
5N 3W 33
Stanislaw Pluta
24032 W REDBIRD RD
Applicant Phone/Email
Parcel Primary:503-30-363
(773) 704-7537
WITTMANN, AZ 85361
Map scale 1:791
Supervisor District No.
REDUCE EAST PROPERTY LINE SETBACKS TO BUILD DETACHED RV GARAGE

Planning & Development Department 
301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 
P: 602.506.3301 
6IWMHIRXMEPVariance Application Packet 
12/2/2 
 
 
 
6)7-()28-%0VARIANCE SUPPLEMENTAL QUESTIONNAIRE
ARS §11-816 B.2 
The Board of Adjustment may allow a variance from the terms of the ordinance when, owing to peculiar 
conditions, a strict interpretation would work an unnecessary hardship, if in granting such variance the 
general intent and purposes of the zoning ordinance will be preserved. 
1.
Please discuss and explain what is/are the peculiar condition(s) facing the property and include reference to the
Maricopa County Zoning Ordinance Regulation(s) or Development Standard(s) to be varied.  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 Regulation(s) or Development Standard(s) would impose
a hardship on the property.
2.
Please explain the unnecessary hardship the Maricopa County Zoning Ordinance creates because of a peculiar
condition/the peculiar conditions on site. Please discuss and explain that the peculiar condition of the property is
not self-created in the line of title.
The property has an irregular shape that limits the ability to place a detached garage in 
compliance with standard setback requirements. The only feasible buildable area is located 
within the required 20-foot street side setback. However, there is no physical street along this 
side of the property, and it functions as an interior side setback rather than true street 
frontage. 
There are no washes, drainage concerns, or utility conflicts affecting this portion of the lot. The 
proposed structure will not interfere with any easements and is consistent with the approved 
site plan of the residence. Due to the configuration and limited usable space of the parcel, 
strict enforcement of the setback requirement would prevent reasonable use of the property 
and create an unnecessary hardship.
The hardship is caused by the unique shape and layout of the lot, which is not self-created 
and exists as part of the original parcel design. Because of this configuration, the proposed 
location is the only area on the property with adequate space to accommodate a detached 
garage while maintaining proper access and functionality. 
Denying the variance would prevent reasonable residential use of the property that is 
consistent with similar properties in the area. The request is minimal and will not negatively 
impact surrounding properties or conflict with existing easements or utilities.

Planning & Development Department 
301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 
P: 602.506.3301 
 
 
 
3.
Please discuss and explain how the granting of the requested variance would not cause a negative impact on
the general intent and purpose of the Zoning Ordinance.
*Additional sheets may be attached.
** DO NOT USE THIS FORM IF YOU ARE SUBMITTING AN INTERPRETATION 
6IWMHIRXMEPVariance Application Packet 
/1/2 
"The requested variance preserves the general intent and purpose of the Zoning Ordinance 
by maintaining the residential character of the neighborhood while accounting for the 
property's unique layout. Specifically, the east side of the lot functions as an interior setback 
with no adjacent street, meaning the reduction does not interfere with public rights-of-way, 
sight visibility triangles, or traffic safety. Furthermore, the placement ensures that all 
structures remain a safe and proper distance from existing utility easements, thereby 
protecting public infrastructure and ensuring continued access for utility maintenance, which 
fulfills the ordinance’s goal of promoting public safety and orderly land use."

1.0
A
Site plan
DATE:
SCALE:
DRAWN:
SHEET NO.:
JOB:
DRAFT
RES
D R A F T I N G  &  D E S I G N
AS NOTED
3-9-2026
SITE PLAN
PARCEL #: 503 - 30 - 363
24032 W. RED BIRD RD.
WITTMANN, AZ 85361
JAR
SCALE: 1" = 20'-0"
Site plan
NORTH
BUILDING INFORMATION
OWNER INFORMATION:
LEGAL DESCRIPTION:
EXISTING BUILDING AREA:
EXISTING BUILDING:........................ 5,009 SQ. FT.
TOTAL:............................................. 5,009 SQ. FT.
BUILDING AREA:
GARAGE:......................................... 3,600 SQ. FT.
TOTAL:............................................. 3,600 SQ. FT.
BUILDING FOOTPRINT TOTAL:......... 8,609 SQ. FT.
STAN PLUTA
24032 W. RED BIRD RD.
WITTMANN, AZ 85361
BUILDING DATA:
BUILDING CRITERIA:
PARCEL #: 503 - 30 - 363
24032 W. RED BIRD RD.
WITTMANN, AZ 85361
MARICOPA COUNTY
ZONING............................ RU-43
OCCUPANCY................... SINGLE FAMILY
CONSTRUCTION............... TYPE V
MAX. BLDG. HGT............ 35' / 2 STORIES
ACTUAL BLDG. HGT........ 28'-0" +/-
FRONT:............................................. 40'-0"
REAR:.............................................. 40'-0"
LEFT SIDE:....................................... 20'-0"
RIGHT SIDE:..................................... 20'-0"
LOT SETBACKS:
LOT SIZE:......................... 43,568 SQ. FT. (1.00 ACRES)
MAX. LOT COVERAGE:... 25%
LOT COVERAGE:............. 8,609 SQ. FT. / 43,568 SQ. FT.
= 20% TOTAL LOT COVERAGE
LOT coverage:
PROPERTY LINE - 208.39'
N89°35'26"W
PROPERTY LINE - 164.91'
N0°16'47"E
PROPERTY LINE - 320.10'
S89°34'25"E
PROPERTY LINE - 198.90'
S34°27'00"W
W. REDBIRD RD.
REAR SETBACK - 40'
SIDE SETBACK - 20'
SIDE SETBACK - 20'
FRONT SETBACK - 40'
6'-0"
10'-0"
60'-0"
60'-0"
6'-0"
GARAGE
3,600 SQ FT
EXISTING BUILDING
5,009 SQ FT
ELEC.
ELEC.
POOL
FENCE
FENCE
FENCE
FENCE
FENCE
FENCE
FENCE
DRIVE WAY
SIDE WALK