01.BA250045 BOA Staff Report
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Report to the Board of Adjustment Prepared by the Maricopa County Planning and Development Department Case: BA250045 – Lawhead Property Hearing Date: September 18, 2025 Supervisor District: 2 ____________________________________________________________________________________________ Applicant: Randon Anderson Property Owner: Lawhead Holding, LLC Request: Variance to the development standard of the Maricopa County Zoning Ordinance to permit: 1) Proposed front yard setback of 10’ where 40’ is the minimum required per MCZO Article 503.4.1 Site Location: APN 220-18-007A @ 10727 E. Quarterline Rd. in the east Mesa area Site Size: Approx. 29,244 sq. ft. Current Use / Zoning: Vacant / Rural-43 Open Violation: No violation on property Background: 1. Before 1969: Parcel 220-18-007 was created. 2. September 20, 2002: MCDOT acquired the northernmost 30’ of APN 220-18-007 and dedicated it as right-of-way for Quarterline Road. Prior to this, Quarterline Road had been an access easement through the property. As a result of this government action, the remaining area of the parcel became APN 220-18-007A. 3. June 11, 2018: The Planning & Development Department administratively approved a request to confirm the subject parcel’s LNC status with respect to lot area per case LU20180045. 4. March 28, 2025: The current owner, Lawhead Holding, LLC, took possession of the subject parcel, per Warranty Deed 2025-0171311. 5. June 6, 2025: The applicant submitted the subject variance request. Page 2 of 8 Existing On-Site and Surrounding Zoning/Land Use: 6. On-site: Rural-43 / single-family residence North: Quarterline Road, then Rural-43 / single-family residences South: Rural-43 / single-family residence East: Rural-43 / single-family residence West: Rural-43 / single-family residence Variance Request: 7. The applicant is requesting a variance to Article 503.4.1 of the Maricopa County Zoning Ordinance (MCZO) to permit a front yard setback of 10’ from the north lot line of Parcel 220-18-007A where 40’ is the minimum required in the Rural-43 zoning district. The property is currently vacant, but the property owners are proposing to build a single-family residence. Excerpt from Proposed Site Plan Site Analysis: 8. The property is located approximately 100’ west of the southwest corner of Quarterline Road and Signal Butte Road in the east Mesa area, approximately ¼ mile north of University Drive. The triangular shape and orientation of the property predates the MCZO. Although staff was unable to find documentation confirming when the original lot was created, a joint tenancy deed dated April 1, 1965, presents a legal description matching the current description of the property (plus 30’ to the north, corresponding with the south half of Quarterline Road). The diagonal southeast lot line corresponds with a natural wash that predates development in the region. When the MCZO became effective in May 1969, the parcel became legally nonconforming due to substandard lot area, measuring less than the required 43,560 square feet. Page 3 of 8 9. The original parcel was designated APN 220-18-007, and its configuration remained unchanged until 2002, when MCDOT acquired the south half of the easement for Quarterline Road. This government action reduced the lot area further to 29,244 square feet. The remaining area of the parcel was redesignated APN 220-18-007A. The parcel has remained in the same configuration since. As the parcel was already LNC when MCDOT acquired the road, and the subsequent reduction of the lot area was the result of government action, the property is still considered LNC with respect to lot area. For this reason, the substandard lot area will not be part of this variance request and will not be an impediment to development of the property with or without variance. The Planning & Development Department administratively approved a request for LNC status in 2018, per case LU20180045. A copy of the approval letter and approved staff report for this case have been attached to this report. 10. The LNC status notwithstanding, the applicant notes that the unusual configuration of the parcel creates a tight building envelope that limits where a residence may be built. Expanding the building envelope by combining with an adjacent parcel would be infeasible, as both the adjacent parcels to the west and southeast have been developed already and are under separate ownership. Furthermore, the wash along the southeast lot line presents a natural barrier that would restrict expansion of the building envelope even if a lot combination were feasible. For these reasons, the applicant proposes reducing the required north setback from 40’ to 10’. As the applicant notes, this would effectively establish the proposed setback line 40’ from the original north property line as it existed prior to the right-of-way taking. Staff notes, however, that a front setback must be measured from the interior boundary of an access easement even when it is within the boundaries of a parcel. Therefore, the current front setback line has existed for as long as the original parcel coexisted with the easement for Quarterline Road. 2025 Aerial Image of the Subject Site Page 4 of 8 Aerial Image of the Subject Site Illustrating the Original Lot Lines and Right-of-Way Acquisition 2025 Aerial Image of Surrounding Environs Page 5 of 8 Eagle View of Subject Site Looking North (dated March 1, 2025) Zoning District Map (Subject Parcel Outlined in Red) Page 6 of 8 Zoning District Standards: 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 Rural-43 Zoning District Proposed with Variance Min. Front Setback (residence to north lot line) 40-feet 10-feet Min. Rear Setback 40-feet 40-feet Min. Interior Side Setback (residence to southeast lot line) 30-feet 30-feet Min. Interior Side Setback (residence to west lot line) 30-feet 30-feet Maximum Height 30-feet 30-feet Minimum Lot Area (*LNC) 43,560-sq. ft. 29,244-sq. ft.* Lot Coverage 25% ≈14% 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.” 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. “The peculiar conditions facing the property are the 30 ft easement running across the north side of the property, which is the front of the property, and the triangle shape of the property. Per the zoning regulations of RU-43 there must be a 40 ft setback from the front property line to the residential home. However with the 30 ft easement and the 40 ft setback starting at the interior line of the easement it places the residential home 70 ft from the center of the road making it very difficult to adhere to. Due to the triangle shape of the property it creates a pinch point on the Northeast corner of the lot that already forces the home back, but with the easement it forces it back even further than necessary.” 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. “The unnecessary hardship the Maricopa County Zoning Ordinance creates is because of the front 30 ft easement and the 40 ft setback starting at the interior line of the easement it sets the home 70 ft back rather then the standard 40 ft. This issue is not self created as the easement was taken a long time ago by ADOT for the road and power.” Page 7 of 8 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. “Granting the requested 30 ft variance in the front (leaving a 10 ft setback from the interior easement line) will not cause any negative impact as it will still leave a standard 40 ft setback from the center of the road. Which will in turn make the property much more usable to build a home as this is the intended purpose.” 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 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. 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: • Staff identifies a peculiar condition facing the property. The property is legally nonconforming with respect to lot area, which was rendered substandard when the MCZO was adopted and the Rural-43 zoning district was established in 1969. This, together with the triangular orientation of the lot, which also predates the establishment of the MCZO, establishes a building envelope that is smaller than what is typical for the underlying Rural- 43 zoning district. • Staff is unable to identify an undue hardship created by the enforcement of the MCZO. The development of a single-family residence on the property would fulfill the general intent and purpose of the Rural-43 zoning district. This may be possible without variance. Despite its reduced size, a residence could be built within the existing building envelope. Relocating the proposed residence (without altering its proposed dimensions, per the provided floor plan) approximately 30’ south and 39’ west would place it just within the existing building envelope. For this reason, staff is unable to identify an undue hardship created by the enforcement of the MCZO. Page 8 of 8 17. 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 north front setback line of 10’ for APN 220-18-007A. 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 (2 pages) LU20180045 Approved Staff Report (15 pages) LU20180045 Approval Letter (1 page) Easement and Agreement for Highway Purposes (4 pages) / Maricopa County Planning & Development - Phoenix, AZ 2 Gross Acres: 1 approx. Generated September 4, 2025 10:33 AM BA250045 Application Name: Legal Description House Applicant Case Address 1N 7E 14 Randon Anderson 10727 E QUARTERLINE RD Applicant Phone/Email Parcel Primary:220-18-007A (435) 660-6128 randonl2020@gmail.com MESA, AZ 85207 Map scale 1:668 Supervisor District No. I am requesting a 30' variance to the front setback due to the shape of the property and the 30' easement running through the front. 60110MU 60110MU 60110MU 60110MU 3060SH 3060SH 71036FX 5036FX 5036FX 5036FX 7016FX 3060SH 4020LS 4020LS 4014FX 8030TS 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 0808FX 8' 5'-8" 28'-4" 31' 73' 4' 3'-4" 29'-4" 26'-10" 2'-11" 12'-3" 71'-4" 4' 10' 6'-9" 11'-7" 2' 13'-7" 2' 2' 14' 12' 24' 12' 62' 22'-6" 6'-6" 29' 11'-8" 24' 35'-8" 2614 SQ FT 35'-1" X 25'-6" 14'-0" X 12'-0" 18'-4" X 15'-5" 4'-0" X 14'-0" X 12'-0" 5'-4" X 5'-5" 33'-9" X 9'-9" 15'-10" X 11'-1" 12'-3" X 6'-4" LIVING AREA GARAGE SHOW BEDROOM 2 BEDROOM 3 SHOWER PATIO OUTDOOR DINING PORCH N 245' N0° 3' 40"E 310' N89° 59' 44"E 395.32' S5 1° 4 2' 22"W 215' N0° 3' 40"E 19.83' N90°E 2614 SQ FT 35'-1" X 25'-6 " 14'-0" X 12'-0 " 18'-4" X 15'-5 " 4'-0" X 14'-0" X 12'-0 " 5'-4" X 5'-5" 33'-9" X 9'-9" 15'-10 " X 11 '-1" 12'-3" X 6'-4" LIVING AREA GARAGE SHOW BEDROOM 2 BEDROOM 3 SHOWER PATIO OUTDOOR DINING PORCH 30' 30' 40' 9.99' 55.79' SITE PLAN SCALE: 1" = 20'