05.BA260007 BOA Staff Report

Maricopa County — Board of Adjustment (2026-02-12)

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Report to the Board of Adjustment 
Prepared by the Maricopa County Planning and Development Department 
 
 
Case:   
 
 
BA260007 – Cordoba Property  
 
Hearing Date:  
 
February 12, 2026 
 
Supervisor District: 
 
2 
____________________________________________________________________________________________ 
 
Applicant:  
David Flores 
 
Property Owner: 
Cordoba Properties, LLC 
 
Requests: 
Variance to the development standards of the Maricopa County Zoning 
Ordinance to permit: 
 
1) 
Proposed front (south) setback of 5’ where 10’ is the minimum permitted 
per MCZO Section 502. 
 
2) 
Proposed rear (north) setback of 3’ where 25’ is the minimum permitted 
per MCZO Section 502. 
 
Site Location: 
APN 220-39-039 @ 9716 E. Birchwood Ave. in the east Mesa area 
 
Site Size: 
 
 
6,122 sq. ft.  
 
Current Use / Zoning: 
Single-family mobile or manufactured home / R-5 
 
Open Violation: 
No violation on property 
 
Background: 
 
1. 
November 1961: The subject property was created when Maricopa County approved the Apache 
Paradise Unit One subdivision plat. 
 
2. 
Circa 1974: A mobile home was placed on the property, although it did not meet the required 
front, rear, or west side setbacks. 
 
3. 
July 23, 2025: The current owner took possession of the subject property and removed the original 
mobile home shortly thereafter. 
 
4. 
January 15, 2026: The applicant submitted this variance request.

Page 2 of 9 
 
Existing On-Site and Surrounding Zoning/Land Use: 
 
5. 
On-site: 
R-5 / Single-family mobile or manufactured home 
 
North:  
Right-of-way for drainage, then R-5 / Single-family mobile or manufactured home 
South:  
Birchwood Ave., then R-5 / Single-family mobile or manufactured home 
East: 
 
R-5 / Single-family mobile or manufactured home 
 
West:  
R-5 / Single-family mobile or manufactured home 
 
Variance Requests: 
 
6. 
The applicant and property owner are requesting variances to MCZO Section 502 to permit a front 
yard setback of 5’ and a rear yard setback of 3’ for the Cordoba Property. The R-5 zoning district 
requires a minimum front setback of 10’ and a minimum rear setback of 25’. The property owners 
have recently removed the original mobile home that was placed on the property circa 1974 and 
are proposing to place a new manufactured home onsite. 
 
Excerpt from Proposed Site Plan

Page 3 of 9 
 
Site Analysis: 
 
7. 
The subject property was created in 1961 as Lot 63 of the Apache Paradise Unit One subdivision. 
The most peculiar characteristic of the property is its rhombus shape with side lot lines at acute 
angle to the street frontage, which significantly reduces the total area – and, in turn, the buildable 
area – of the property relative to what would be expected given the dimensions of each lot line. 
The unusual shape, narrow depth, and small size of the building envelope altogether restrict 
opportunities for placing a mobile home or manufactured home of reasonable size and 
orientation on the property. Based on the proposed dimensions of the home and the attached 
improvements, the only way to fit the home within the existing building envelope would be to 
remove both the attached carport and the attached patio, and then to reorient the mobile home 
unit itself south and clockwise several degrees. As shown in the annotations on the next page, 
this could be feasible, but there would still be insufficient room for either a patio or a carport (let 
alone both) within the established building envelope. 
 
8. 
Staff notes that few, if any, of the mobile home units throughout the Apache Paradise Unit One 
subdivision appear to meet required rear setbacks. The subdivision plat did not establish 
setbacks unique to the subdivision, nor is it subject to an RUPD overlay zoning district. The plat 
and subject parcel do predate the establishment of the Maricopa County Zoning Ordinance in May 
1969, but the subject parcel already meets the R-5 lot width and lot area requirements. Setbacks 
would only be considered legally nonconforming where the placement of a mobile home unit on 
a property predated May 1969 as well. Per the Maricopa County Assessor’s Office Parcel Viewer, 
the previous mobile home that was just removed from the subject property had been placed there 
in 1974. Most other mobile home units in the subdivision have been placed since 1969 as well. 
 
9. 
Despite the prevalence of nonconforming rear setbacks, only two other parcels in the subdivision 
(three if including Apache Paradise Unit Two) have been subject to variances. One such parcel is 
two parcels due east of the subject property along Birchwood Avenue (Parcel 220-39-037, which 
is subject to an approved variance per case BA2021041). In the analysis for that variance, staff 
noted that the previous MCZO effective in 1961 regulated that mobile home units measure at 
least 25’ x 35’. Although these were minimum required dimensions, the standard was based on 
what were then typical dimensions for mobile homes. Reasonably, then, the subdivided lots were 
sized to accommodate the mobile homes that were typical of the time. But in the years since, 
mobile homes (and manufactured homes since 1976) have generally become larger. As the site 
aerials show quite clearly, modern manufactured homes are arguably too large to fit within the 
established building envelopes throughout the subdivision. Reducing the rear setback would not 
put the subject property at odds with other parcels in the subdivision; to the contrary, it would 
legally permit what is already the de facto norm. Though reducing the rear setback to 3’ would 
bring the proposed manufactured home right to the minimum setback required per building code, 
staff notes that a 60’ right-of-way for drainage and public utilities separates the rear lot lines of 
the subject property and the property across the way, so the homes on both properties would be 
effectively set back a significant distance. 
 
10. 
Though some mobile or manufactured homes throughout the subdivision encroach on required 
front setbacks as well, site aerials suggest that this is a much less common problem. Staff notes 
that, until January 9, 2026, the R-5 zoning district required a minimum front setback of 20’. The 
applicant’s site plan acknowledges this. However, with the updated MCZO, the required front 
setback is now 10’. The site plan shows that the livable area of the proposed manufactured home 
would meet this setback, but the attached carport would bring the front setback down to just 5’. 
There is arguably less justification for a front setback reduction; removing the attached patio and 
shifting the home at least 5’ north would negate the need for a front setback reduction and still 
allow the home to meet the minimum 3’ rear yard required per building code. Doing so would also 
allow the attached carport to remain part of the proposal and in a location proximate to the street.

Page 4 of 9 
 
 
Site Plan Excerpt with Staff Annotations 
 
 
 
2025 Aerial Image of the Subject Site

Page 5 of 9 
 
 
2025 Aerial Image of the Apache Paradise Unit 1 Subdivision 
 
 
 
2025 Aerial Image of Surrounding Environs

Page 6 of 9 
 
Zoning District Map 
 
 
 
Zoning District Standard: 
 
11. 
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 
 
R-5   
Zoning 
District 
Proposed with 
Variance 
Min. Front Yard Setback (residence to south lot line)  
10-feet 
5-feet 
Min. Rear Yard Setback (residence to north lot line) 
25-feet 
3-feet 
Min. Interior Side Setback (residence to east lot line) 
5-feet 
5-feet 
Min. Interior Side Setback (residence to west lot line) 
5-feet 
5-feet 
Maximum Height  
40-feet 
<40-feet 
Minimum Lot Area 
6,000-sq. ft. 
6,122-sq. ft. 
Minimum Lot Width 
60-feet 
≈82-feet 
Lot Coverage 
60% 
≈37% 
 
  
State Statute / County Zoning Ordinance Tests - ARS § 11-816.B.2 and MCZO Article 302.2.2 states 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.”  
 
12. 
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.

Page 7 of 9 
 
“The lot has an irregular, rhombus-like shape, which significantly restricts the buildable area when 
standard setbacks are applied. 
 
“The property directly abuts a 60-foot-wide wash at the rear, providing substantial open space and 
physical separation from neighboring properties to the north. 
 
“When purchased, the lot contained a mobile home with additions that appeared to be unpermitted. 
The owner has since removed all existing structures and cleared the site for a new code-compliant 
unit. 
 
“An existing septic system remains onsite and will be used for the new home. 
 
“The lot’s shape and make strict adherence to the 20-foot front and 25-foot rear setbacks 
impractical and render the lot nearly unusable. These conditions are pre-existing and not self-
imposed by the owner.” 
 
13. 
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. 
 
“1. Unique Physical Conditions: The combination of the lot’s irregular geometry, and a 60-foot-wide 
wash to the rear creates a hardship not commonly shared by surrounding properties. 
 
“2. Not Self-Imposed: These conditions existed prior to the current owner’s purchase and were not 
created by any actions of the applicant. 
 
“3. Reasonable Use of Property: Without relief, the remaining buildable area is insufficient for a 
standard dwelling and accessory structures. If the lot were rectangular with standard dimensions, 
the owner’s proposed improvements would comply with all setbacks. 
 
“4. Minimal Impact to Neighbors/Public: The presence of the 60-foot wash at the rear ensures 
adequate separation and open space, even with a reduced 3-foot rear setback. The modest shade 
structures or carports will not negatively impact adjoining properties or public welfare in the rear or 
front. Due to the lot and unit position, only the carport will be within the 5’ requested front setback, 
and the livable structure will be more than 10’ setback from the property line. 
 
“5. Precedent in the Neighborhood: Several nearby properties have structures within setback areas. 
City staff confirmed that adjacent lots with similar physical constraints have been granted 
comparable setback variances.” 
 
14. 
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.

Page 8 of 9 
 
“Precedent in the Neighborhood: Several nearby properties have structures within setback areas. 
City staff confirmed that adjacent lots with similar physical constraints have been granted 
comparable setback variances.” 
 
Findings:  
 
15. 
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.   
 
16. 
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 appears to be a peculiar condition facing the subject property in that it was created 
for the mobile homes that were typical in the 1960s, which were relatively small compared 
to today’s manufactured homes. The small area of the lot, together with the unusual 
rhombus shape at acute angle to the street and the required 25’ rear yard setback, make 
it difficult to place a modern manufactured home within the required building envelope. 
Although a small mobile home or manufactured home without any attachments could still 
be feasibly developed within the existing building envelope, the nature of most modern 
manufactured homes and the amenities that come with them make this outcome unlikely. 
The peculiar conditions of the property, therefore, arguably create an unnecessary 
hardship, as evidenced by the fact that most of the surrounding properties have mobile 
homes or manufactured homes encroaching within their required rear yards. 
 
• 
Staff notes that the Apache Paradise Unit One subdivision plat includes a note requiring 
that all single-family residences placed therein be mobile homes (which may be 
interpreted to include manufactured homes). Granting the requested variance to the rear 
yard setback would allow a modern manufactured home to be comfortably placed on the 
subject property. Furthermore, reducing the rear setback would not put the subject 
property at odds with other parcels in the subdivision, but in fact would legally permit what 
is already the de facto norm. Finally, the 60’-wide drainage and public utility easement 
located opposite the rear lot line means that any manufactured home would be set well 
back from any property across the way. Said property would therefore not be affected by

Page 9 of 9 
 
a reduced rear setback on the subject property. Accordingly, staff finds that granting the 
requested variance to the rear yard setback would preserve the intent of the MCZO. 
 
17. 
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 5’ front (south) setback line for APN 220-39-039. 
 
b) 
Variance approval establishes a 3’ rear (north) setback line for APN 220-39-039. 
 
 
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)

/
Maricopa County Planning & Development - Phoenix, AZ
2
Gross Acres: 0 approx.
Generated January 29, 2026 3:18 PM
BA260007
Application Name:
Legal Description
Birchwood Mobile
Applicant
Case Address
1N 7E 22
David Flores
9716 E BIRCHWOOD AVE
Applicant Phone/Email
Parcel Primary:220-39-039
(480) 648-5406
MESA, AZ 85208
Map scale 1:318
Supervisor District No.
Variance request for adjustment to front and rear setbacks due to irregular shaped lot.

REAR BSB
25' - 0"
BSB
20' - 0"
BSB
5' - 0"
BSB
5' - 0"
3' - 0"
5' - 0"
10' - 0"
PROPOSED FRONT BUILDING SETBACK 
(5'-0") AT CARPORT & SHADE STRUCTURES
PROPOSED FRONT BUILDING SETBACK 
(10'-0") AT BUILDING
PROPOSED REAR 
SETBACK (3'-0")
24'
10'
10'
52'
MOBILE HOME UNIT
+/- 1,248 SF
COVERED PATIO
+/- 520 SF
2-VEHICLE CARPORT
+/- 520 SF
10' - 0"
EXISTING 
SEPTIC
E
Scale
Project number
Date
Drawn by
Checked by
www.workroomaz.com
workroom STUDIO
623.920.5106
 1/16" = 1'-0"
10/20/2025 12:36:48 PM
G01
PRELIMINARY SITE PLAN
25020
CORDOBA PROPERTIES LLC
Birchwood Ave
October 20, 2025
DMF
No.
Description
Date
N
APN:220-39-039
9716 E BIRCHWOOD AVE, MESA AZ
ZONING: R-5
LOT SIZE: 6,122
LOT COVERAGE: 2,288 SF (38%)