03.BA250081 BOA Staff Report
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Report to the Board of Adjustment Prepared by the Maricopa County Planning and Development Department Case: BA250081– Romanek Residential Variance Hearing Date: February 12, 2026 Supervisor District: 1 ____________________________________________________________________________________________ Applicant: Morgan Busby, Busby Permits Property Owner: Paul Romanek Request: Variance to the development standard of the Maricopa County Zoning Ordinance to permit: 1) Proposed height of 35’ where 30’ is the maximum permitted in an area subject to hillside slope per MCZO Article 901.3. Site Location: APN 503-04-048 @ 51434 N and 295th Ave., in the Wickenburg area. Site Size: 218,370 sq. ft. Current Use / Zoning: Rural 43/ Single-family residence Open Violation: N/A Background: 1. May 4, 2024: Deed recorded conveying property to current owner. 2. October 10, 2025: application for building permit; BLDR2508368. 3. December 17, 2025: application for subject variance. Existing On-Site and Surrounding Zoning/Land Use: 4. On-site: Rural-43 / Vacant North: Rural-43 South: Rural-43 East: 295th Ave then Rural-43 West: Rural-43 Variance Request: 5. The applicant proposes to vary the building height to 35’ where 30’ is the maximum height permitted per the MCZO 901.3. According to the applicant, this is to accommodate practical grading corrections to the constrained buildable area. Approval of this variance request will facilitate construction of a proposed 3,574 sq. ft. single-family residence. Page 2 of 8 Excerpt from proposed site plan Page 3 of 8 Photographs of subject site provided by applicant Page 4 of 8 6. The proposed single-family residence is in an area having a natural slope of at least 15% and is subject to hillside development standards. The height of any building on property having a natural slope of 15% or greater shall not exceed 30’ measured vertically from the natural grade. The applicant explains that because the western portion of the site is within the floodway the residence must be located at the southeastern portion of the site affected by the steep slope and a low natural grade near the footprint of the residence. As a result of varying the proposed finished floor, the building roof height exceeds the 30’ maximum height above the natural grade by approximately 4.8’. Site Analysis: 7. This site is bordered to the east directly by 295th Ave. The site is drained by multiple washes. Its topography features a dramatic transition from a steep slope on the southeast to a gentle slope across the remainder of the site, which sits within the floodway. This is depicted on the site plan (see figure on page 2 of this report). These conditions encumber the building envelope. Aerial photo of subject site BA250081 Page 5 of 8 Aerial image & surrounding environs Zoning District map Zoning District Standard: 8. 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 Page 6 of 8 Min. Front Yard Setback (residence to east property line) 40-feet n/a Min. Rear Yard Setback (west property line) 40-feet n/a Min. Side Yard Setback (residence to south property line) 30-feet n/a Maximum Height (above the natural grade) 30-feet 35-feet 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.” 9. 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. “We are requesting a variance from MCZO Chapter 2, building height can not exceed 30' above natural grade. The roof height that we are seeking is 4.8 feet above the maximum height allowed. The peculiar conditions creating the hardship are primarily the property’s steep natural slope and a localized low point in the existing grade near the residence footprint, which establishes an unusually low original natural grade reference and reduces allowable building height even though the proposed finish floor elevation remains reasonable for drainage and construction. Practical correction through grading or relocation is constrained by the hillside setting and limited buildable area, there is little flexibility to shift the footprint without triggering other constraints, and significant cut/fill to “raise” the controlling grade would require disproportionate earthwork and increased disturbance.“ 10. 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 peculiar condition is not self created and is not the result of any action of the property owners. The slope and localized grade depression are existing natural topographic features of the property that predate the proposed project and were not caused by the owner’s design choices, subdivision actions, or voluntary grading intended to circumvent the MCZO. The proposed home is being designed to fit within the property’s constrained building area and to minimize disturbance; the height impact arises specifically because the MCZO measurement method ties maximum height to the site’s existing grade condition, especially the localized low point rather than from any self- imposed hardship.” Page 7 of 8 11. 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 general intent and purpose of the Maricopa County Zoning Ordinance because the request is limited in scope and does not change the allowed land use, density, or character of development on APN 503-04-048. The property will continue to be used for a single family residence, which is consistent with the zoning district’s intended residential use. The variance is being requested only to address a minor roof-peak exceedance of 4.8 feet, that results from the site’s unique existing grade condition and the MCZO Chapter 2 method of measuring building height from grade.” Findings: 12. 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. To approve the variance the Board must make findings and articulate them in motion memorializing the above. 13. 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: • The applicant has demonstrated that there is a peculiar condition facing the property in that site on the western part of it is a floodway. • The applicant has demonstrated that due to applying the requirements of the MCZO to this property, the peculiar condition(s) create an undue physical hardship not self-created in the line of title that prevents reasonable development of the property. • The applicant has demonstrated that the general intent and purpose of the MCZO will be preserved despite the variance because the variance would allow for minimal site development to preserve keep the parcel’s current topography to the greatest possible extent. 14. 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 35’ maximum building height for APN 503-04-048. Presented by: Evelyn Amekudzi, Planner Reviewed by: Darren V. Gérard, AICP, Planning Manager Attachments: Case Map (1 page) Application / Supplemental Questionnaire (1/2 pages) Site Plan (3 pages) Floor Plan and Elevations (2 pages) / Maricopa County Planning & Development - Phoenix, AZ 4 Gross Acres: 5 approx. Generated January 29, 2026 3:16 PM BA250081 Application Name: Legal Description Romanek Residence Applicant Case Address 7N 4W 17 Morgan Busby 51434 N 295TH AVE Applicant Phone/Email Parcel Primary:503-04-048 (425) 377-4589 WICKENBURG, AZ 85390 Map scale 1:1,635 Supervisor District No. Residential Variance to allow for the roof height to exceed 30' from natural grade to 34' from natural grade due to the dip in the naturally occurring topography W1 W1 W1 W1 W1 W1 W3 W2 W2 W2 W2 W2 W2 W2 W2 W2 W2 W4 W2 D8 D7 D4 D4 D4 D2 D4 D3 D3 D5 D1 D2 D2 D2 D4 UP 1 A-8 2 A-8 W1 W1 W1 W1 W1 W1 W1 W2 W2 W2 W2 W2 W2 W2 W4 W2 D3 D4 D2 D3 D5 D5 D3 D4 D6 D4 D5 DN 1 A-8 2 A-8 -0" HIGH ES BUILDING LINE 7" / 12" 7" / 12" 7" / 12" 7" / 12" 2" / 12" 2" / 12" INTERIOR PARTITION 1/2" GYPSUM WALL BOARD (5/8" TYPE-X BETWEEN GARAGE AND LIVABLE) 2x4 WOOD STUDS AT 24" O.C. 1/2" GYPSUM WALL BOARD BATT INSULATION WHERE INDICATED ON PLAN 5 1/2" INTERIOR PARTITION 1/2" GYPSUM WALL BOARD 2x4 WOOD STUDS AT 16" O.C. 1/2" GYPSUM WALL BOARD BATT INSULATION WHERE INDICATED ON PLAN EXTERIOR PARTITION FINISH PER ELEVATIONS TWO LAYERS WRB SHEATHING PER STRUCTURAL 2x6 WOOD STUDS AT 16" O.C. BATT INSULATION, FULL CAVITY, R-19 1/2" GYPSUM WALL BOARD (TYPE-X BETWEEN GARAGE AND LIVING AREA) 3 1/2" 5 1/2" A B C PORCH KITCHEN DINING AREA GREAT ROOM PORCH OFFICE PANTRY HALL BATH BEDROOM UTILITY MUD POWDER LAUNDRY GARAGE RANGE REFR W D 60' - 0" 20' - 0" 6' - 0" 7' - 2" 3' - 5" 3' - 9" 1' - 9" 43' - 3" 10' - 0" 5' - 3" 8' - 10" 9' - 4" 7' - 1" 10' - 3" 33' - 0" 8' - 0" 15' - 0" 9' - 11" 7' - 9" 14' - 3" 11' - 5" 7' - 0" 6' - 6" 7' - 4" 5' - 9" 11" 14' - 8" 14' - 8" 14' - 8" 14' - 8" 7' - 4" _12'-11" _6'-3" 3' - 3" 2' - 8" 7' - 3" 2' - 11" 2' - 10" 3' - 2" 2' - 10" 5' - 11" 2' - 4" 3' - 10" 11' - 6" 4' - 6" 80' - 0" 20' - 2" 8" 18' - 9" 9" A B C C 2' - 0" 2' - 5" 2' - 5" 8' - 0" 6' - 8" 5/8" TYPE-X GWB A A C C A A C C * 29' - 9" 12' - 10" 6' - 0" 11' - 1" 1' - 1" 4' - 0" 6' - 4" 6' - 6" 4' - 0" 11' - 8" 7' - 0" 7' - 3" 01 04 02 OPEN TO BELOW HALLWAY W.I.C. MASTER BATH MASTER BEDROOM BEDROOM BEDROOM BATH A C C C C C A A D A 2' - 7" 15' - 5" 2' - 9" 3' - 8" 4' - 10" 2' - 10" 11' - 9" 19' - 10" 1' - 8" 2' - 0" 2' - 3" 3' - 0" 13' - 11" 2' - 10" 6' - 5" 6' - 6" 11' - 11" 6' - 10" 6' - 0" 7' - 2" 3' - 9" 3' - 5" 5' - 5" 4' - 10" 2' - 0" 3' - 8" 2' - 1" 5' - 4" 10" 3' - 7" 5' - 9" 9' - 7" A 1' - 9" 43' - 3" 5' - 3" 8' - 10" 9' - 4" 12' - 8" 7' - 2" 15' - 5" 4' - 5" 13' - 2" 10' - 3" 9' - 2" 2' - 1" 5' - 9" A A C E E C C 03 www.workroomaz.com Scale Project number Date Drawn by Checked by 623-920-5106 info@workroomaz.com © 2025 workroom STUDIO. All rights reserved. These drawings and specifications are the property of the designer and are protected by copyright law. They shall not be used, reproduced, or copied in whole or in part for any purpose other than for this specific project without the written permission of the designer. As indicated A03 FLOOR PLANS & ROOF PLAN 25017 Romanek Residence Paul Romanek November 11, 2025 DMF APN: 503-04-048 N 295TH AVE WICKENBURG, AZ 85390 GENERAL NOTES 1. 2. 3. 4. 5. 6. 7. 8. 9. ALL WORK UNDER THIS CONTRACT SHALL COMPLY WITH APPLICABLE BUILDING CODES AND ACCEPTED INDUSTRY STANDARDS, AS ENFORCED BY THE AUTHORITY HAVING JURISDICTION. THE CONTRACTOR IS RESPONSIBLE FOR VERIFYING ALL EXISTING CONDITIONS AND DIMENSIONS AT THE JOB SITE PRIOR TO BID SUBMISSION, FABRICATION, SHOP DRAWINGS, OR START OF CONSTRUCTION. DO NOT SCALE DRAWINGS—WRITTEN DIMENSIONS SHALL GOVERN. ANY DISCREPANCIES BETWEEN THE CONTRACT DOCUMENTS AND ACTUAL SITE CONDITIONS SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT AND OWNER’S REPRESENTATIVE IMMEDIATELY. VERBAL NOTICE IS REQUIRED WITHIN EIGHT (8) HOURS OF DISCOVERY, FOLLOWED BY WRITTEN NOTICE WITHIN TWO (2) CALENDAR DAYS, INCLUDING THE PROPOSED CORRECTIVE ACTION. PRIOR TO BEGINNING EACH PHASE OF CONSTRUCTION, THE CONTRACTOR SHALL FIELD-VERIFY CONDITIONS AND COORDINATE WITH ALL TRADES. WHERE CONFLICTS OR INCONSISTENCIES ARE FOUND, NOTIFY THE ARCHITECT BEFORE PROCEEDING WITH WORK. ALL SUB-TRADES AND SUBCONTRACTORS SHALL DIRECT TECHNICAL QUESTIONS, CHANGES, OR CLARIFICATIONS TO THE GENERAL CONTRACTOR, WHO SHALL CONSOLIDATE AND SUBMIT THEM TO THE ARCHITECT AS NEEDED. GENERAL NOTES AND DETAILS SHOWN OR IMPLIED ON THE DRAWINGS APPLY THROUGHOUT THE PROJECT UNLESS EXPLICITLY NOTED OTHERWISE. WORK REASONABLY INFERABLE FROM THE DOCUMENTS IS CONSIDERED PART OF THE CONTRACTOR’S SCOPE. THE CONTRACTOR SHALL COORDINATE THE TIMING, ACCESS, AND INSTALLATION REQUIREMENTS OF ALL TRADES. ENSURE THAT ALL CUTTING, PATCHING, AND FINISH INTEGRATION IS PROPERLY EXECUTED ACCORDING TO THE DOCUMENTS. STEEL IN CONTACT WITH SOIL MUST BE PROTECTED WITH ONE COAT OF WR MEADOWS MEL-ROL LM WATERPROOFING MEMBRANE, OR EQUIVALENT, CONFORMING TO ASTM STANDARDS (C836, D412, D1970, C794, 412, E96, D751, D4833). DIMENSIONS AT EXTERIOR WALLS ARE MEASURED TO THE OUTER FACE OF STRUCTURAL SHEATHING. AT INTERIOR PARTITIONS, DIMENSIONS ARE TAKEN TO THE FACE OF FRAMING (STUDS), NOT TO THE FINISHED SURFACE. ENERGY REQUIREMENTS WINDOW U-FACTOR = 0.40 ROOF R-VALUE = R-38 MIN. (R-43 PROVIDED) WOOD FRAME WALL = R-13 MIN. (R-19 PROVIDED) N N N PARTITION TYPES WINDOW SCHEDULE KEYED NOTES KITCHEN ISLAND AND COUNTERTOPS, REFER TO ELECTRICAL DRAWINGS FOR RECEPTACLES. OUTDOOR HVAC UNIT, REFER TO MECHANICAL. ATTIC ACCESS LADDER WOOD BURNING FIREPLACE W/ FACTORY BUILT CHIMNEY. ACUCRAFT AMERICAN SERIES UL-127. INSTALL PER MANUFACTURERS INSTRUCTIONS. 01 02 1/8" = 1'-0" 1 FLOOR PLAN - FIRST FLOOR 1/8" = 1'-0" 2 FLOOR PLAN - SECOND FLOOR 1/8" = 1'-0" 3 ROOF PLAN DOOR SCHEDULE No. Description Date *20 MIN. FIRE RATED DOOR AT GARAGE TO MUDROOM 03 04 GROUND LEVEL 0' - 0" CEILING LEVEL 19' - 0" FINISH FLOOR LEVEL 0' - 6" SECOND LEVEL 11' - 0" ROOF 30' - 0" GROUND LEVEL 0' - 0" CEILING LEVEL 19' - 0" FINISH FLOOR LEVEL 0' - 6" SECOND LEVEL 11' - 0" ROOF 30' - 0" GROUND LEVEL 0' - 0" CEILING LEVEL 19' - 0" FINISH FLOOR LEVEL 0' - 6" SECOND LEVEL 11' - 0" ROOF 30' - 0" GROUND LEVEL 0' - 0" CEILING LEVEL 19' - 0" FINISH FLOOR LEVEL 0' - 6" SECOND LEVEL 11' - 0" ROOF 30' - 0" GARAGE MECH ROOM DINING AREA HALLWAY BEDROOM HALL HALL BEDROOM GROUND LEVEL 0' - 0" CEILING LEVEL 19' - 0" FINISH FLOOR LEVEL 0' - 6" SECOND LEVEL 11' - 0" ROOF 30' - 0" GROUND LEVEL 0' - 0" CEILING LEVEL 19' - 0" FINISH FLOOR LEVEL 0' - 6" SECOND LEVEL 11' - 0" ROOF 30' - 0" 3' - 0" 26' - 3" A C B B A A C B B B T T T T T T T T T T T T T T T T T T T T 3' - 0" 26' - 3" C A B B A A T T T T T T T T T 6" MIN. SPRAY FOAM INSULATION AT ROOF SHEATHING R-43 ESR-2642 6" MIN. SPRAY FOAM INSULATION AT ROOF SHEATHING R-43 ESR-2642 THIN BRICK VENEER AT INTERIOR FIREPLACE CUT FLAP IN WATER RESISTIVE BARRIER ABOVE OPENING PRIOR TO INSTALLING WINDOW UNIT. SHEATHING WATER-RESISTIVE BARRIER (WRB) WATER RESISTIVE BARRIER SHALL BE WRAPPED AROUND THE OPENING SILL & JAMBS PRIOR TO THE INSTALLATION OF THE SELF-ADHESIVE FLEXIBLE FLASHING. ALL HORIZONTAL & VERTICAL JOINTS IN THE WRB SHALL OVERLAP 6" MINIMUM (TOP OVER BOTTOM) AND SECURED WITH TAPE AS SPECIFIED BY MANUFACTURER. SELF ADHESIVE FLEXIBLE SILL FLASHING WRAP OVER SILL AND DOWN FACE OF EXTERIOR WALL (MINIMUM OF 1" PAST SILL FLANGE OF WINDOW). SELF ADHESIVE FLEXIBLE SILL FLASHING RUN 6" (MINIMUM) UP INSIDE OF EACH JAMB AND FACE OF EXTERIOR WALL (MINIMUM OF 1" PAST JAMB FLANGES OF WINDOW). 1" MIN. DASHED LINE REPRESENTS NAILING FLANGE OF FUTURE WINDOW OR DOOR UNIT (INSTALLED AFTER OPENING PREPARATION). 6" MIN. 1" MIN. 6" 6" 6" 2" 2" 2" 2" 9" SELF ADHESIVE FLEXIBLE SILL FLASHING UNDER THE WINDOW & NAILING FLANGES. WRAP OVER SILL AND DOWN FACE OF EXTERIOR WALL (MIN 1" PAST SILL FLANGE). 6" 6" SELF ADHESIVE FLEXIBLE SILL FLASHING UNDER THE WINDOW & NAILING FLANGES. RUN 6" UP INSIDE OF EACH JAMB AND FACE OF EXTERIOR WALL. SELF ADHESIVE FLEXIBLE JAMB FLASHING OVER THE WINDOW NAILING FLANGES. LAP OVER AND EXTEND 2" (MIN) PAST THE FLEXIBLE SILL FLASHING. VINYL WINDOW NAILING FLANGE 'HATCHED' AREAS REPRESENTS FLANGE UNDER THE SELF ADHESIVE FLEXIBLE FLASHING VINYL WINDOW NAILING FLANGE OVER THE SELF- ADHESIVE FLEXIBLE FLASHING AT THE WINDOW SILL SELF ADHESIVE FLEXIBLE JAMB FLASHING OVER THE WINDOW NAILING FLANGES. EXTEND 2" (MIN) PAST THE WINDOW HEAD FLANGE. 2" 2" SELF ADHESIVE FLEXIBLE HEAD FLASHING OVER THE WINDOW NAILING FLANGES. LAP OVER EXTEND 2" (MIN) PAST THE FLEXIBLE JAMB FLASHING (BOTH SIDES). WATER-RESISTIVE BARRIER (WRB) WATER RESISTIVE BARRIER SHALL BE WRAPPED AROUND THE WINDOW SILL & JAMBS AND INSTALLED UNDER THE SILL & JAMB NAILING FLANGES & FLEXIBLE FLASHING. THE WRB SHALL BE LAPPED OVER THE HEAD NAILING FLANGE AND FLEXIBLE FLASHING. ALL HORIZONTAL & VERTICAL JOINTS IN THE WRB SHALL OVERLAP 6" MINIMUM (TOP OVER BOTTOM) AND SECURED WITH TAPE AS SPECIFIED BY MANUFACTURER. EXTERIOR VIEW OF TYPICAL WINDOW EXTERIOR VIEW OF TYPICAL WINDOW www.workroomaz.com Scale Project number Date Drawn by Checked by 623-920-5106 info@workroomaz.com © 2025 workroom STUDIO. All rights reserved. These drawings and specifications are the property of the designer and are protected by copyright law. They shall not be used, reproduced, or copied in whole or in part for any purpose other than for this specific project without the written permission of the designer. As indicated A05 ELEVATIONS & SECTIONS 25017 Romanek Residence Paul Romanek November 11, 2025 DMF APN: 503-04-048 N 295TH AVE WICKENBURG, AZ 85390 MATERIAL LEGEND A B METAL WALL PANELS T-GROOVE (NO REVEAL) FINISH: TBD BY OWNER MFGR: WESTERN STATES ESR: ICC-ESR 4730 STANDING SEAM METAL ROOF FINISH: TBD BY OWNER MFGR: WESTERN STATES ESR: ICC-ESR 4729 No. Description Date 1/8" = 1'-0" 3 ELEVATION - NORTH & WEST 1/8" = 1'-0" 2 ELEVATION - EAST & SOUTH 1/8" = 1'-0" 1 SECTION C MANUFACTURED THIN BRICK VENEER FINISH: TBD BY OWNER MFGR: QUALITY STONE VENEER INC. ESR: ICC-ESR 3151 T: TEMPERED GLAZING 1 1/2" = 1'-0" 5 EXTERIOR OPENING PREPARATION 3/4" = 1'-0" 4 WINDOW / DOOR FLASHING