01.Staff Report BA260006

Maricopa County — Board of Adjustment (2026-03-12)

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Report to the Board of Adjustment 
Prepared by the Maricopa County Planning and Development Department 
 
 
Case:   
 
 
BA260006 – Arellano Property  
 
Hearing Date:  
 
March 12, 2026 
 
Supervisor District: 
 
3 
____________________________________________________________________________________________ 
 
Applicant/Owner:  
Carlos Esteban Arellano Peralta 
 
 
Request: 
Variance to the development standards of the Maricopa County Zoning 
Ordinance to permit: 
 
1) 
Proposed side yard (north) setback of 10’ where 20’ is the minimum 
permitted per MCZO Article 502  
 
2) 
Proposed rear yard (east) setback of 10’ where 40’ is the minimum 
permitted per MCZO Article 502 
 
3) 
Proposed lot width of 135’ where 145’ is the minimum permitted per 
MCZO Article 502 
 
Site Location: 
APN 211-50-015H @ 38613 N. 19th Ave. in the Phoenix area 
 
Site Size: 
 
 
54,948 sq. ft.  
 
Current Use / Zoning: 
Vacant / Rural-43 
 
Open Violation: 
N/A 
 
Background: 
 
1. 
August 9, 2017: The current legal description first appears via unregulated lot split per Treasurer’s 
Deed MCR 2017-0584205 
 
2. 
February 18, 2025: The current owner acquires subject parcel via warranty deed MCR 2025-
0087323.  
 
3. 
January 14, 2026: An application for a residential variance is submitted by the property owner.   
 
Existing On-Site and Surrounding Zoning/Land Use: 
 
4. 
On-site: 
Rural-43 / Vacant 
 
North:  
Rural-43 / Vacant 
South:  
W. Irvine Rd then Rural-43 / Single-family residence 
East: 
 
Rural-43 / Vacant 
 
West:  
N. 19th Ave then Rural-43 / Vacant

Page 2 of 9 
 
Variance Request: 
 
5. 
The applicant proposes to develop the property for a 2,550 sq. ft. single-family residence with an 
interior side setback of 10’ and rear yard setback of 10’. It will be served by a private well for water 
and a septic system for wastewater. There are also plans to develop a 400 sq. ft. detached 
accessory structure within the property’s rear yard near the east property line. Although the 
detached accessory structure may be located as close as 3 feet from the rear property line it is 
depicted on the site plan 10’ from the east property line. It is not the reason for the request for a 
10’ rear yard setback. The applicant anticipates that the location of the single-family residence 
may change towards the direction of the rear property line during the plan review process for the 
building permit. Although a building permit application has not yet been submitted, the property 
owner is seeking this variance prior to the preparation of formal building and engineering plans.  
   
 
Excerpt from proposed site plan

Page 3 of 9 
 
 
 
Photographs of subject site

Page 4 of 9

Page 5 of 9 
 
 
Site Analysis: 
 
6. 
Any future development of the subject parcel is impacted by an existing FEMA designated 
floodplain that covers nearly all of the site and a small portion of undevelopable floodway and 
wash along the north edge. It is a corner lot, adjacent to a key lot and enjoys access to two county 
maintained roads, N. 19th Ave and W. Irvine Rd. Although the immediate area is largely vacant due 
to development restrictions imposed by the flood hazard areas, the expanded area is comprised 
of single-family residential structures that have developed sporadically over time through 
unregulated lot splits, and are served by private or shared wells, and septic systems. If the site 
can be developed with proper engineering, a single-family residential structure is consistent with 
the existing character of the local area. Because the wash flows from northeast to southwest 
across the parcel at the south end, any development on the site is preferable toward the north 
(interior) side of the parcel. The sub-standard lot width of 135 feet appears to be the result of an 
unregulated lot split done by a previous owner of the parcel.  
 
Aerial photo of subject site

Page 6 of 9 
 
 
Aerial image & surrounding environs 
 
 
 
Floodplain Map

Page 7 of 9 
 
 
Eagle view of subject site looking south into subject parcel (aerial image dated March 2025).  
 
 
 
Zoning District map 
 
 
 
Zoning District Standards:

Page 8 of 9 
 
7. 
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 
 
Rural-43   
Zoning 
District 
Proposed with 
Variance 
Min. Front Yard Setback (west property line)  
40-feet 
n/a 
Min. Rear Yard Setback (east property line) 
40-feet 
10-feet 
Min. Side Yard Setback (north property line) 
20-feet 
10-feet 
Maximum Height  
30-feet 
n/a 
Minimum Lot Area 
43,560-sq. ft. 
n/a 
Minimum Lot Width 
145-feet 
135-feet 
Lot Coverage 
25% 
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.”  
 
8. 
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.   
 
“Lot width variance of 135’ and rear and side setbacks to 10’. Requesting to build a home “ 
 
9. 
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. 
 
“The “L” shape and the existing wash makes it complicated to well position a home.” 
 
10. 
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 proposed home will be consistent with the area development within the zoning district, and 
the existing wash will remain untouched and undisturbed .” 
 
Findings:

Page 9 of 9 
 
 
11. 
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.   
 
12. 
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: 
 
• 
A wash is in the south end of the subject parcel limits development pushing it northward 
toward the interior/north side yard. 
 
• 
The substandard lot width, in conjunction with the location of the wash, minimizes the 
amount of developable space within the typical building envelope. Although this was not 
created by the current property owner, it is created in the line of title.   
 
• 
The 10’ rear yard setback request is speculative and not shown on the site plan for the 
single-family residence. It is also not necessary for the detached accessory structure as 
depicted on the site plan.  
 
13. 
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 a 10’ side setback along the 173’ dimensioned property line 
and a lot width of 135’.  
 
 
Presented by: 
Isaac Perez, 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: 1 approx.
Generated February 23, 2026 10:30 AM
BA260006
Application Name:
Legal Description
My Dream Ranchito
Applicant
Case Address
6N 3E 30
CARLOS Carlos ARELLANO
38613 N 19TH AVE
Applicant Phone/Email
Parcel Primary:211-50-015H
(305) 399-1351
PHOENIX, AZ 85086
Map scale 1:746
Supervisor District No.
Residential Variance request to allow a new residence

MARĪCOPA
COUNTY
RESIDENTIAL VARIANCE REQUEST
RESIDENTIAL VARIANCE
PROPERTY OWNER AUTHORIZATION
APPLICATION FORM
ALLFEES AREDUEAT TIME OF APPLICATION AND ARENON-REFUNDABLE
Description of Request:
ExistingZoningDistrictandUseofProperty: Ruk
43
Related Case Number(s):
PROPERTY INFORMATION
Address (if known):
ZI-S0-- OLSE
(include
nearest
city/town):eh
eass coner ag vine
Ko cht
191°Aue
Square Feet:
Township:
Legal Description:
Range:
General Location
Size in Acres:
Assessor's Parcel Number(s):
Subdivision Name (if applicable):
Is this subject property within an
APPLICANTINFORMATION
Name:
Address:
City:
Phone #:
E-mail Address:
PROPERTYOWNER NFORMATION
City:
Cavlos
Esteban Arellana
Name:
Address:
3208 E Ana
haenix
Phone#:
305-3
de
E-mail Address:
PROPERTYOWNER AN
T
I
S4243 sg
Section:
area of15%orgreaterhillsideslopes?Yes
No
Contact:
State:
Zip:
Fax #:
Contact:
State:
Zip:
85032
I(propertyowner)
to file this application on all matters relating to this request with Maricopa County. By signing this form as the property owner I hereby agree to
abide by any and all conditions that may be assigned by the Maricopa County Board of Supervisors, Maricopa County Planning and Zoning
Commission, or Maricopa County Planning and Development Department staff as applicable, as part of any approval of this request, including
property.
authorize (applicant's name)
conditions, development agreements, and/or any other requirement that may encumber or otherwise affect the use of my
PROPOSITION 207 WAIVER- SIGNATUREREQUIRED
The property owner acknowledges that the approval being sought by this application may cause a reduction in the existing rights to use,
divide, sell or possess the private property that is the subject of this application. The property owner further acknowledges that it is the
property owner who has requested the action sought by the filing of this application. Therefore, with full knowledge of all rights granted to
the property owner pursuant to A.RS.$1S12-1132 through 1138, the property owner does hereby waive any and all claims for diminution in
value of the
açtion-taken-byMacjcopa Countyas result of the filing of this application.
property with regard to any
Property Owner Signature:
INSPECTIONS
Date:
Bysubmittingthisapplication,laminvitingCountystaff toconductallsiteinspectionstheydeemnecessary.
VERIFICATION OF APPLICATION
INFORMATION-
SIGNATUREREQUIRED
-14-26
I certify that the statements in this application andsuppart material aretrue. Any approvals or permits granted by Maricopa County in reliance
upon the truthfulness of these statements may be evoked or rescinded.
Owner or Authorized Agent Signature:
2
Date: -14-6
ARS$ 1605TIMEFRAMEXTENSION
|Iauthorizea50%timeframeextensionforthereviewofmyagplicationasadoptedbytheBoardofSupervisorsperARS§1605andas
amended.
Property Owner Signature:
Date:
L426
Residential Variance Application Packet
12/2/24
Planning & Development Department
301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003
P: 602.506.3301

RESIDENTIAL VARIANCE 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 puposes of the zoning ordinance will bepreserved.
Please discuss and explain what is/are the peculiar oondition(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. ldentify 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 Developmet Standard(s) would impose
a hardship on the property.
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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.
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Planning & Development Department
301 W. Jefferson St., Sute 170 Phoenix, Arizona 85003
P: 602.506.3301
Residential Variance Application
1.
Packet
12/2/24

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Planning Z Development Department
301 W. Jetterson St, Sute 170 Phoeno, Artzona 85003
P:602.5063301
Residential Varlance Application Packet
6/17/24

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