04.BA250062 BOA Staff Report

Report to the Board of Adjustment
Prepared by the Maricopa County Planning and Development Department
Case: 
BA250062 – Johnson Residence 
Hearing Date:
December 11, 2025
Supervisor District:
4
____________________________________________________________________________________________
Applicant / Owner: 
Rholena Johnson
Requests:
Variance to the development standards of the Maricopa County Zoning 
Ordinance to permit:
1)
Proposed front yard setback of 14 feet where 40 feet is the minimum 
permitted in the Rural-43 zoning district  
2)
Proposed side yard setback of 23 feet where 30 feet is the minimum 
permitted in the Rural-43 zoning district  
Site Location:
APN 200-66-008H @ 7437 W. Acoma Dr. in the Peoria area
Site Size:
72,167 sq. ft. 
Current Use / Zoning:
Single-family Residence / Rural-43
Open Violation:
V2400517
Background:
1.
Circa 1988: Maricopa County Assessor Office Property Data identifies a single-family residential 
home was built.
2.
March 21, 2017: Building permit B201602828 was issued for the development of a patio and garage 
addition but without completion of inspections. An extension to the permit was requested in 2020 
but denied due to no inspections being completed. A new permit submittal would be required.
3.
August 17, 2023: The current owner takes possession of the subject parcel via Warrant Deed 
recorded under docket number 2023-0431621.  
4.
February 18, 2025: Violation case V2400517 was issued for construction without a building permit 
and/or clearances. 
5.
May 19, 2025: Building permit BLDR2501046 was submitted for the patio and garage addition. As 
part of the zoning review, staff identified the Rural-43 setbacks from the front and side were not met. 
6.
October 2, 2025: The owner applies for the subject variance request.

Page 2 of 6
Existing On-Site and Surrounding Zoning/Land Use:
7.
On-site:
Rural -43 / Single-family residence
North:
Rural–43 & City of Peoria / Acoma Dr. then a Single-family residence
South:
Rural–43 / Church
East:
Rural–43  / Single-family residence
West:
Rural–43 SUP  / Kennel Service Dog Training Facility
Variance Requests:
8.
The applicant is requesting two variances for parcel 200-66-008H in order to rectify an existing 
violation case (V2400517) on the property for unpermitted construction of a patio and garage 
addition constructed by the previous property owner. The variance requests are for a west side 
yard setback of 23 feet where a minimum of 30 feet is required in the Rural-43 zoning district; and 
a front yard setback of 14 feet where the minimum required is 40 feet.
Excerpt from proposed site plan
Site Analysis:
9.
The subject site is developed with a single-family residence, the parcel is a rectangular shaped 
lot measuring 220 feet in width and 328 feet in depth for an overall area of 57,494 square feet. 
There is an existing 40-foot ingress/egress easement along the front portion of the subject site.  
In 2017 the previous property owner built a patio and attached garage without approved building 
clearance; staff requested a new building permit be submitted, but that was not completed. The 
current property owner took possession of the subject site and received a violation for the 2 
structures for which a a new building permit was submitted and and encroachments discovered. 
The applicant desires to bring the site into compliance by obtaining approvals of their variance 
request in order to obtain an approved building permit for the existing structures.

Page 3 of 6
Aerial photo of subject site
Zoning District map with Rural-43 zoning

Page 4 of 6
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 required standards are indicated in 
bold).
Standard
Rural - 43
Proposed with 
Variance
Min. Front Yard Setback 
40-feet
14-feet
Min. Rear Yard Setback
40-feet
40-feet
Min. Side Yard Setback 
30-feet
14-feet (west 
only)
Maximum Height 
30-feet
30-feet
Minimum Lot Area
43,560-sq. ft.
43,560-sq. ft.
Minimum Lot Width
145-feet
145-feet
Lot Coverage
25%
25%
           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.  
“Request for Variance – 7437 W Acoma Dr. Peoria AZ 85381 (Zoning RU-43).
Dear Members of the Board of Adjustment, I am writing to respectfully request a variance from the 
setback regulation under RU-43 zoning for my property. The home on the parcel is currently setback 
23 feet from the west property line (fence line) which does not meet the required setback.”
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.
“Reason for Request/Hardship: this home has already been constructed, and strict enforcement of 
the setback requirement would create an undue hardship, as it would require demolition of a portion 
of the home. This would the property uninhabitable, leaving my family with no place to live.”
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.

Page 5 of 6
“Impact on Surroundings: Granting this variance would not negatively affect neighboring properties 
or the community. The home is situated on acreage, with ample space around it. The placement of 
the home does not interfere with adjacent landowners’ privacy, use, or enjoyment of their properties, 
and it maintains the rural residential character of the area.”
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 
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:
•
Staff is unable to identify a peculiar condition facing the property. Typical for most 
residential properties, the subject parcel is flat and not encumbered topographical or 
physical constraints.
•
The applicant has failed to demonstrate that the general intent and purpose of the MCZO 
will be preserved with the variance, the patio and attached garage could have been 
developed without a need for a variance.  
•
The applicant has failed to demonstrate that the strict application of the MCZO to the 
property has caused undue to physical hardship that prevents reasonable development of 
the property as the building permit B201602828 failed to obtain an inspection where the 
setback issue would have been detected. 
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 minimum 14’ north setback as measured from the street 
line for APN 200-66-008H.

Page 6 of 6
b)
Variance approval established a minimum 23’ west setback for APN 200-66-008H. 
Presented by:
Paola Jaramillo, 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
4
Gross Acres: 2 approx.
Generated November 20, 2025 9:54 AM
BA250062
Application Name:
Legal Description
Johnson Residence
Applicant
Case Address
Rholena Johnson
7437 W ACOMA DR
Applicant Phone/Email
Parcel Primary:200-66-008H
(602) 524-0737
lian@xwallinc.com
PEORIA, AZ 85381
Map scale 1:821
Supervisor District No.
setback home to wall is to close

PROPERTY DESCRIPTION
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 12 TOWNSHIP 3 NORTH RANGE 
1 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, 
ARIZONA, MORE PARTICULARLY DESCRIBED AS;
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST 
QUARTER OF SECTION 12, EXCEPT;
THE SOUTH 331.00 FEET THEREOF; AND EXCEPT
THE WEST 215.23 FEET THEREOF; AND EXCEPT
THE NORTH 198.00 FEET THEREOF; AND EXCEPT
THE EAST 220.00 FEET THEREOF; AND TOGETHER WITH
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 12 TOWNSHIP 3 NORTH RANGE 
1 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, 
ARIZONA, MORE PARTICULARLY DESCRIBED AS;
THE NORTH 198.00 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST 
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12; EXCEPT
THE WEST 215.23 FEET THEREOF; EXCEPT
THE EAST 220.00 FEET THEREOF; AND TOGETHER WITH
AN EASEMENT ALONG THE NORTH 40 FEET THEREOF FOR INGRESS, EGRESS, PRIVATE 
UTILITIES, AND IRRIGATION FACILITIES.
EXCEPT A PORTION OF THE ABOVE DESCRIBED PARCEL WITHIN THE SOUTHWEST 
QUARTER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE GILA AND SALT 
RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY 
DESCRIBED AS FOLLOWS:
THE WEST 9.50 FEET OF THE EAST 229.50 FEET OF THE NORTHWEST QUARTER OF THE 
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 12, EXCEPT;
THE SOUTH 331 FEET THEREOF.
89° 19' 52"
220.48'
N
E
0° 23' 14"
327.91'
S
W
0° 22' 03"
328.09'
N
E
89° 16' 58"
220.37'
S
W
APN:
200-66-008H
EGRESS, PRIVATE UTILITY
40'-0"  INGRESS,
(2) EXISTING STORAGE 
CONTAINERS TO 
REMAIN
EXIST. 
STRUCTURE
APN:
200-66-008D
APN:
200-66-008J
APN:
200-66-011B
APN:
200-66-011A
APN:
200-63-003Z
APN:
200-636-743
APN:
200-63-718
W ACOMA DR
SEPTIC
23'-0"
10'-0"
5'-0"
15'-9"
67'-11"
63'-0"
67'-11"
63'-0"
129'-1"
12'-0"
48'-0"
12'-0"
40'-0"
EXISTING FENCE 
TO REMAIN
SETBACK
30'-0"  SIDE YARD
SETBACK
30'-0"  SIDE YARD
YARD SETBACK
40'-0"  REAR
PROJECT NO.:
DATE:
DRAWN BY:
CHECKED BY:
OWNER:
7437 W ACOMA DR
PEORIA, AZ 85381
DATE:
REVISIONS:
SHEET NO.:
1
10/06/25
CITY COMMENTS
A101
SITE PLAN
24-001
03/11/2025
AK
AM
03/11/2025
JOHNSON RESIDENCE
AS-BUILTS
7437 W ACOMA DR
PEORIA, AZ 85381
RHOLENA and
DOUG JOHNSON
1" = 40'-0"
1
SITE PLAN
N