02.Staff Report BA260012
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Report to the Board of Adjustment
Prepared by the Maricopa County Planning and Development Department
Case:
BA260012 – Newman Property
Hearing Date:
March 12, 2026
Supervisor District:
4
____________________________________________________________________________________________
Applicant/Owner:
Jon Newman
Request:
Variance to the development standard of the Maricopa County Zoning
Ordinance to permit:
1)
Proposed front setback of 20’ where 40’ is the minimum permitted per
MCZO Article 502
Site Location:
APN 503-52-415C @ 27458 N 143rd Ave in the Surprise area
Site Size:
51,352 sq. ft.
Current Use / Zoning:
Single-family residence / Rural-43
Open Violation:
V202301659
Background:
1.
December 29, 2005: The subject parcel is created via minor lot split MCR 2005-1960184.
2.
April 26, 2022: The current property owner acquires the subject parcel via warranty deed MCR 2022-
0364283.
3.
August 3, 2023: A code complaint is received for an occupied RV and unpermitted structures. The
complaint is verified by Code Enforcement during a verification inspection. A hearing on January 30,
2025 finds the property owner responsible for the violation with a compliance date of February 3,
2026 to remove the items or obtain the necessary permits.
4.
December 22, 2025: A building permit is submitted for a single-family residence. Plan review
comments refer the applicant to apply for a residential variance.
5.
January 29, 2026: An application for a residential variance is submitted by the property owner.
Existing On-Site and Surrounding Zoning/Land Use:
6.
On-site:
Rural-43 / Vacant
North:
Rural-43 / Single-family residence
South:
Rural-43 / Single-family residence
East:
N. 143rd Ave then RU-43 / Vacant
West:
Rural-43 / Vacant
Page 2 of 9
Variance Request:
7.
The property owner proposes developing the subject parcel for an 896 sq. ft. single-family
residential structure with a front yard setback of 20’ where 40’ is the required minimum. Although
the site plan depicts a setback location of 36.7’ from the ingress/egress easement, the property
owner anticipates that he will need to move the house closer to the parcel’s required front yard,
so that there is sufficient space for future development such as a detached accessory structure.
The property owner has also expressed that he will be moving a shipping container from its
currently depicted location, which would require setback relief, to a location on the north end of
the parcel near the interior side yard. The proposed single-family residence would comprise 2.5
percent of the 51,352 sq. ft property.
Excerpt from proposed site plan and floor plan
Page 3 of 9
Page 4 of 9
Photograph of subject site east looking west into the property
Site Analysis:
8.
The subject parcel is in the northwest region of Maricopa County in the Surprise area. It is a
predominantly rural area that has experienced unregulated land divisions for single-family
residential development accessed by private easements. Cohesiveness and coordination of
residential development have been severely impacted by the unregulated lot splits, further
complicated by the presence of a FEMA designated floodplain and floodway that traverses the
area. As evidenced by the grading and drainage plan, future development of the subject parcel is
limited by a wash (floodway) that extends north and south through the property and a flood plain
that encompasses all of the west end. The only area not affected by the flood hazard area
includes the east frontage of 143rd Ave.
9.
There is an open code violation against the property for unpermitted structures and an occupied
trailer. The property owner, however, has a building permit application in review which is a critical
step towards resolving the violation. Additionally, to accommodate the topography of the
property, the proposed single-family residence features a significantly smaller footprint than
typical single-family residences for the area.
Page 5 of 9
Aerial photo of subject site
Aerial image & surrounding environs
Page 6 of 9
Floodplain Map
Eagle view of subject site looking north into subject parcel (aerial image dated 01/14/2024).
Page 7 of 9
Zoning District map
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
Rural-43
Zoning
District
Proposed with
Variance
Min. Front Yard Setback (west property line)
40-feet
20’
Min. Front Yard Setback (east property line)
40-feet
n/a
Min. Side Yard Setback (north and south property lines)
20-feet
n/a
Maximum Height
30-feet
n/a
Minimum Lot Area
43,560-sq. ft.
n/a
Minimum Lot Width
145-feet
n/a
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.”
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.
“I am located on a parcel with a wash running at a slight diagonal N. to S. located about 2/3 distance
from the front (W) side of lot. This particular wash has an excessively wide depiction of its floodway
on the Maricopa floodplain map towards the front (W) of the lot. This floodway creates a setback
of 37’ that limits development to the very front (W) aspect of the lot. Additionally, there is a small
Page 8 of 9
dirt road that is a private shared drive located at the front aspect of this lot. This road has an
easement at the front (W) side of the property. This creates a setback of 40’. “
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.
“Between the floodway erosion setback, and the road setback, we are unable to fix my home.
Despite having transitioned plans to include a small 32’ x 28’ 1 bedroom home, there is insufficient
room to build the pad. This leads to a hardship for my plans of building a home on this parcel,
leading to this variance request. The wash is a natural and unavoidable peculiar condition on this
lot.”
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.
“This variance request being approved would not have a negative impact; its approval would create
benefits toward being able to follow floodway setback regulations and build a safe and stable
home. It has benefits to the environment as it would limit the extensive disruption of current soil to
develop scour wall within the floodway setback. My small home will not have a negative impact on
the neighboring lot, nor the small drive with the variance from the setback regulations. I have spoken
with neighbors and they have stated no objections nor deemed any adverse effects with this
variance request.”
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
Page 9 of 9
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:
•
There is a wash located closer to the east end of the property that pushes development west and
provides a natural division of the property into two portions.
•
Due to the location of 143rd Ave. along the east end, and the private ingress/egress easement on
the west end, the subject parcel is considered a double frontage parcel with 40’ setbacks on both
sides. Locating the single-family residence on the west end of the property would be away from
the wash and aligned with the existing development of the local area. New construction would
otherwise be limited to a smaller portion of land east of the wash and along the 143rd Ave street
frontage.
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 a 20’ front yard (west) setback line for APN 503-52-415C.
Presented by:
Isaac Perez, Planner
Reviewed by:
Darren V. Gérard, AICP, Planning Manager
Attachments:
Case Map (1 page)
Application / Supplemental Questionnaire (4 pages)
Site Plan (1 page)
/
Maricopa County Planning & Development - Phoenix, AZ
4
Gross Acres: 1 approx.
Generated February 23, 2026 10:31 AM
BA260012
Application Name:
Legal Description
Residential building permit Variance
Applicant
Case Address
5N 1W 33
JON T/MARY K NEWMAN
27458 N 143RD AVE
Applicant Phone/Email
Parcel Primary:503-52-415C
(480) 376-6872
SURPRISE, AZ 85387
Map scale 1:824
Supervisor District No.
Residential parcel variance
36.7'
APN 503-52-414C
PARCEL C
BK. 802, PG. 05, M.C.R.
(UNDEVELOPED)
1 4 3 R D
A V E N U E
APN 503-52-415B
PARCEL B
BK. 802, PG. 06, M.C.R.
(DEVELOPED)
S89°56'01"E
266.11'
N36°06'56"E
101.19'
N10°44'55"E
43.35'
343.33'
S76°42'02"E
203.01'
N00°04'56"W
APN 503-52-415D
PARCEL D
BK. 802, PG. 06, M.C.R.
(DEVELOPED)
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EXPIRES 6/30/2028
JOB NO.
25-2149
GRADING & DRAINAGE
ENGINEERS, INC
NEWMAN
27458 N. 143RD AVENUE, SURPRISE
GRADING & DRAINAGE PLAN
12/18/25
6612 W GOLD MOUNTAIN PASS, PHOENIX AZ 85083
623-581-3371
info@gdengineers.com
SHEET
1 OF 1
VICINITY MAP
SEPTIC SETBACKS
(ANY PORTION OF SEPTIC SYSTEM)
FROM BUILDING: 10'
FROM PROPERTY LINES ON WELL: 50'
FROM WATER WELL: 100'
FROM DRIVEWAY: 5'
FROM POOL: 5'
FROM WATER SERVICE LINE: 5'
FROM PROPERTY LINES W/ WATER SERVICE: 5'
FINISHED FLOOR CERTIFICATION
THE FINISHED FLOOR OF THE STRUCTURE IS
SAFE FROM INUNDATION DURING A 100-YEAR
PEAK RUNOFF EVENT IF CONSTRUCTED
ACCORDING TO THE APPROVED SET OF PLANS.
SITE DATA
APN: 503-52-415C
ZONING: RU-43
LOT AREA: 51,352 SF = 1.18 ACRES
ESTIMATED DISTURBANCE: 7,000 SF
BENCHMARK
N. 1/4 OR, SEC. 33, T. 5 N., R. 1 W.
G.L.O. BRASS CAP UP 1.1', 1922
ELEVATION = 1419.058 (N.A.V.D. '88)
M.C.D.O.T. PT #62535-1
TBM AS SHOWN
PROPERTY DESCRIPTION
THAT PART OF THE NORTH HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 33,
TOWNSHIP 5 NORTH, RANGE 1 WEST OF THE GILA AND SALT
RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTH
HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 33;
THENCE SOUTH 00 DEGREES 06 MINUTES 40 SECONDS EAST,
A DISTANCE OF 330.00 FEET, ALONG THE EAST LINE OF THE
NORTH HALF OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 33, TO THE POINT
OF BEGINNING;
THENCE SOUTH 00 DEGREES 06 MINUTES 40 SECONDS EAST,
CONTINUING ALONG SAID EAST LINE, A DISTANCE OF
203.00 FEET;
THENCE NORTH 76 DEGREES 41 MINUTES 46 SECONDS
WEST, A DISTANCE OF 343.59 FEET, TO A POINT ON THE
WEST LINE OF THAT CERTAIN PROPERTY DESCRIBED IN
DOCUMENT NO. 05-580893, RECORDS OF MARICOPA
COUNTY, ARIZONA;
THENCE NORTH 11 DEGREES 18 MINUTES 59 SECONDS
WEST, ALONG SAID WEST LINE, A DISTANCE OF 43.06 FEET;
THENCE CONTINUING ALONG SAID WEST LINE, NORTH 36
DEGREES 01 MINUTES 11 SECONDS EAST, A DISTANCE OF
101.16 FEET;
THENCE SOUTH 89 DEGREES 57 MINUTES 23 SECONDS EAST,
A DISTANCE OF 266.04 FEET, TO THE POINT OF BEGINNING
DECLARATION OF RESPONSIBLE CHARGE
I HEREBY DECLARE THAT I AM THE ENGINEER OF WORK
FOR THIS PROJECT, THAT I HAVE EXERCISED RESPONSIBLE
CHARGE OVER THE DESIGN OF THE PROJECT AS DEFINED IN
SECTION R4-30-301 OF THE RULES OF THE ARIZONA STATE
BOARD OF TECHNICAL REGISTRATION, AND THAT THE
DESIGN IS CONSISTENT WITH CURRENT STANDARDS.
I UNDERSTAND THAT THE REVIEW OF THE PROJECT
DRAWINGS AND SPECIFICATIONS BY MARICOPA COUNTY IS
CONFINED TO A REVIEW ONLY AND DOES NOT RELIEVE ME,
AS ENGINEER OF WORK, OF MY RESPONSIBILITIES FOR THE
PROJECT DESIGN.
BUILDING SUMMARY
HOUSE LIVABLE: 773 SF
COV. PATIO: 123 SF
SHIPPING CONTAINER: 320 SF
SHED: 43 SF
TOTAL UNDER ROOF: 1,259 SF
2.5% COVERAGE: 1,259 / 51,352
PROJECT
CONSTRUCT HOUSE
ESTIMATED QUANTITIES
CUT: 0 CY
FILL: 200 CY
IN-PLACE VOLUMES (NO SHRINK OR
SWELL TAKEN INTO ACCOUNT)
HOME DESIGNER
GILBERT MIRANDA
MIRANDADRAFTING@COX.NET
623.297.5632
OWNER / DEVELOPER
JON & MARY NEWMAN
10737 W YEARLING RD
PEORIA AZ 85387
SANDMAN500@GMAIL.COM
480.376.6872
SURVEYOR
STARLINK SURVEYING, INC.
STEVE SHEARROW, R.L.S.
7836 W. ADOBE DR
GLENDALE AZ 85308
623.322.1116
SURVEYED IN OCT 2025
NEWMAN
27458 N. 143RD AVE, SURPRISE
GRADING & DRAINAGE PLAN
LEGEND
79.2
1407
CONSTRUCTION NOTES
1 GRADE AREA WITH 3H:1V MAX FILL
2 CONSTRUCT GRAVEL / ABC DRIVEWAY
3 RELOCATE SHED
4 ANCHOR SHIPPING CONTAINER BY SECURING STRAPS TO EARTH AUGURS
AT 4 CORNERS
- REMOVE VEGETATION AS REQUIRED FOR NEW CONSTRUCTION
- CONTRACTOR TO PROVIDE POSITIVE DRAINAGE AWAY FROM STRUCTURE
- ALL FILL SHALL BE COMPACTED TO 95% MIN, INTERLOCKED,
AND SAFEGUARDED AGAINST WATER SEEPAGE; PER MAG SECTION 211
- SEPTIC SYSTEM PER ARIZONA STATE SPECIFICATIONS AND BY SEPARATE PERMIT
- WATER SERVICE BY SHARED WELL AND SEPARATE AGREEMENT
- WATER & SEWER LINES PER IPC
- CONTRACTOR TO LOCATE AND VERIFY ANY CONFLICTS WITH EXISTING UTILITIES
- ALL OUTDOOR LIGHTING SHALL COMPLY WITH SECTION 1112.4 OF THE MARICOPA
COUNTY ZONING ORDINANCE
- CONTACT MARICOPA COUNTY TO SCHEDULE A FINISHED FLOOR INSPECTION
AFTER EXCAVATION, PLACEMENT OF SUBGRADE AND FORM WORK, BUT PRIOR TO
PLACEMENT OF CONCRETE OR OTHER FINISHED FLOOR MATERIAL.
FEMA FIRM
PER MAP 04013C1230L, DATED 10/16/2013, THE MAJORITY
OF THE PROPERTY IS WITHIN FLOOD ZONE AE AND A
PORTION ON THE EAST IS WITHIN FLOOD ZONE X.
DRAINAGE STATEMENT
OVERALL WATERSHED DRAINS SOUTHERLY. THE
EXISTING LAND IS UNDEVELOPED WITH SPARSE
VEGETATION. FLOWRATE SHOW PER THE WITTMANN
AREA DRAINAGE MASTER STUDY UPDATE. PROPOSED
GRADING MAINTAINS HISTORICAL DRAINAGE
PATTERNS. CONSTRUCTION HAS NEGLIGIBLE IMPACT
TO NEIGHBORING PROPERTIES.
FLOODWAY ELEVATION = 1407.1
RFE = 1408.1
FLOODWAY
FLOOD ZONE X
FLOODWAY
FLOOD ZONE AE
Q100 =
1380 CFS
37.2'
EROSION
SETBACK
SEPTIC AREA
100'
20'
1
2
3
A/C
A/C
08.1
08.1
1407.7
1407.7
08.1
1405
1405
1
FIN. FLOOR
ELEV = 1408.4
PAD = 1407.7
A
A
B
FFE = 1408.4
FFE = 1408.4
P/L
P/L
P/L
P/L
EXISTING
GROUND
1400
1405
1405
1400
1405
1410
1405
EXISTING
GROUND
3H:1V MAX.
SIDE SLOPE
3H:1V MAX.
SIDE SLOPE
COVERED
PATIO
SECTION A-A
SCALE:
VERTICAL: 1" = 5'
HORIZONTAL: 1" = 20'
SECTION B-B
SCALE:
VERTICAL: 1" = 5'
HORIZONTAL: 1" = 20'
1405
1406
1406
1407
28.0'
32.0'
B
1410
1410
1410
EX. WIRE
FENCE
227.1'
42.0'
61.0'
10.6'
14.6'
4
4'
24.7'