01.BA250048 BOA Staff Report - continuance

Report to the Board of Adjustment
Prepared by the Maricopa County Planning and Development Department
Case: 
BA250048 – Oponski / Luca Property
Hearing Date:
October 16, 2025 (continued from August 14, 2025)
Supervisor District:
3
____________________________________________________________________________________________
Applicant: 
Nathan Wayne, Legacy Builds
Property Owners:
Caitlin Oponski & Alexander Luca
Request:
Variance to the development standards of the Maricopa County Zoning 
Ordinance to permit:
1)
Proposed front (west) setback of 17’ where 40’ is the minimum required 
per MCZO Article 503.4.1.a
Site Location:
APN 211-73-084C @ 40115 N. 3rd St. in the Desert Hills area
Site Size:
43,700 sq. ft. 
Current Use / Zoning:
Single-family residential / Rural-43
Open Violation:
No violation on property
Applicant Request:
On October 7, 2025, the applicant requested an indefinite continuance of 
this case.
Attachments:
Continuance Request (4 pages)

1
Nicholas Schlimm (PND)
From:
nathan wayne <legacybuilds11@gmail.com>
Sent:
Tuesday, October 7, 2025 2:25 PM
To:
Nicholas Schlimm (PND)
Subject:
Re: Variance Application Received, Case BA250048
This Message Is From an Untrusted Sender 
You have not previously corresponded with this sender. Please use caution when you receive messages from new senders. 
Always validate the sender first.  
Let’s continue indefinitely for now. Once we are 100% ready we will just jump 
On the next date.  
 
 
Nathan Wayne  
602-677-7849 
 
Legacy Builds 
“Custom Dream Homes For A Lasting Legacy”  
20805 N 19th Ave  
Phoenix, Arizona 85027 
 
 
 
 
On Oct 6, 2025, at 9:08 AM, Nicholas Schlimm (PND) <Nicholas.Schlimm@maricopa.gov> 
wrote: 
  
Good morning, Nathan, 
  
Yes, we can certainly continue the case again. The BOA will hold their following hearing on 
Thursday, November 13th. However, please be advised that, as part of the BOA hearing 
requirements, I would need to prepare a pair of posters for the site that reference the combined 
parcel number (our Code Compliance division would go to the property and place the two posters; 
the owners could then take them down after the hearing). To schedule the case for November 13th, 
I’d need to have these posters ready by October 22nd. 
  
We can continue to November 13th, then continue again if the need arises. Alternatively, would you 
like more time (to December 11th)? Or we could continue indefinitely and then schedule the case 
for the next available Board hearing once everything’s ready. I’ll have a continuance memo ready 
referencing November 13th, but if you would like more time, please let me know and I will publish a 
continuance memo confirming. 
  
And, as always, please let me know if you have any further questions! 
  
Thank you,

2
  
<image001.png> 
Nick Schlimm 
PLANNING & DEVELOPMENT 
301 W. Jefferson St. #170 Phoenix, AZ 85003
Planner 
O:   602-506-0031     
MARICOPA.GOV 
Facebook | Instagram | Twitter | YouTube  
  
From: nathan wayne <legacybuilds11@gmail.com>  
Sent: Tuesday, September 30, 2025 11:54 AM 
To: Nicholas Schlimm (PND) <Nicholas.Schlimm@maricopa.gov> 
Subject: Re: Variance Application Received, Case BA250048 
  
Hey Nick, We need to push back the variance application again. We aren’t going to make the October filing. Can we push it back till the next one? Nathan Wayne 602- 677-7849 Legacy Builds “Custom Dream Homes For A Lasting Legacy” 20805 N 19th 
Hey Nick,  
  
We need to push back the variance application again. We aren’t going to make the October 
filing.  
  
Can we push it back till the next one?  
  
Nathan Wayne  
602-677-7849 
  
Legacy Builds 
“Custom Dream Homes For A Lasting Legacy”  
20805 N 19th Ave  
Phoenix, Arizona 85027 
  
  
 
 
 
On Aug 5, 2025, at 3:05 PM, nathan wayne <legacybuilds11@gmail.com> 
wrote: 
 
 
Hi Nick,  
  
Please postpone our variance request date to go in front of the board until 
October per our conversation today to allow us time to combine the two 
lots.  
  
Thank you  
  
On Thu, Jun 26, 2025 at 10:43 AM nathan wayne 
<legacybuilds11@gmail.com> wrote:

3
Hi Nicholas,  
  
What is the process from here if you don’t mind explaining?  
  
Thank you  
  
Nathan Wayne  
602-677-7849 
  
Legacy Builds 
“Custom Dream Homes For A Lasting Legacy”  
20805 N 19th Ave  
Phoenix, Arizona 85027 
  
  
 
 
 
On Jun 26, 2025, at 10:39 AM, Nicholas Schlimm (PND) 
<Nicholas.Schlimm@maricopa.gov> wrote: 
  
Good morning, Nathan, 
  
This is Nick with Maricopa County Planning & Development. I 
wanted to let you know that we have received your variance 
request. The case number will be BA250048. I will be the 
Planner assigned to this case. 
  
Please feel free to contact me if you have any concerns or 
questions. 
  
Sincerely, 
  
<image001.png> 
Nick Schlimm 
PLANNING & DEVELOPMENT

4
301 W. Jefferson St. #170 Phoenix, AZ 85003
Planner 
O:   602-506-0031     
MARICOPA.GOV 
Facebook | Instagram | Twitter | YouTube  
  
 
 
  
--  
NATHAN WAYNE 
  
LEGACY BUILDS 
"CUSTOM DREAM HOMES BUILT FOR A LASTING LEGACY" 
602 - 677 - 7849 
515 E CAREFREE HWY 
PHX, AZ 85085