05.BA250052 BOA Staff Report

Report to the Board of Adjustment
Prepared by the Maricopa County Planning and Development Department
Case: 
BA250052 – Miller Residence  
Hearing Date:
September 18, 2025 
Supervisor District:
3
____________________________________________________________________________________________
Applicant: 
Michael Prefling
Property Owners:
Miller David J/Mary K
Request:
Variance to the development standard of the Maricopa County Zoning 
Ordinance to permit:
1)
Proposed hillside disturbance of 4,303 sq. ft. outside the principal 
building envelope where prohibited per MCZO Article 1201.6.1.2. 
Site Location:
APN 202-20-561A @ 43711 N. 10th Street in the New River area
Site Size:
48,521 sq. ft. 
Current Use / Zoning:
Vacant / Rural-43
Open Violation:
No Violation on Property
Background:
1.
January 13, 2023: The current owner takes possession of the subject parcel, via Warranty Deed 
recorded under docket number 2023-0023140
2.
July 3, 2023: The subject parcel and a sibling parcel were split from APN 202-20-561 in a minor 
land division.
3.
April 18, 2025: The applicant applies for a building permit (BLRD2503262) for the development of a 
single family residence. During the review phase, applicant was made aware the proposed location 
of the septic tank would not be permitted.
4.
July 22, 2025: The applicant applies for the subject variance to facilitate the development of the site.
Existing On-Site and Surrounding Zoning/Land Use:
5.
On-site:
Rural-43 RUPD / Vacant
North:
Rural-43 RUPD / Vacant
South:
Rural-43 RUPD / Vacant
East:
Rural-43 RUPD / Single-family residence
West:
Rural-43 RUPD / Vacant

Page 2 of 6
Variance Request:
6.
The applicant is requesting a variance for hillside disturbance of 4,303 sq. ft. outside of the lots 
principal buildable envelope where it is otherwise prohibited per MCZO Article 1201.6.1.2 The 
disturbance is to allow a septic system to be placed in a low portion of the site northwest of the 
proposed residence. 
7.
The applicant has an active building permit to develop the site with a 3,536 sq. ft. single-family 
residence. The west portion of the residence is subject to hillside slope. 
Site Analysis:
8.
The subject site is a rectangular parcel measuring approximately 145’ in width and 334’ in depth. 
The total area of the lot is approximately 48,521 sq. ft. The property is accessed from a private 
right of way access easement with a width of 30’ along the western property boundary (10th 
Street). The access easement is present within the property boundaries. A wash runs diagonally 
south to north through the approximate center of the property.
9.
The property is currently vacant, and the applicant is proposing to develop a single-family 
residence. The property complies with the Rural-43 zoning district development standards and 
the hillside development standards that otherwise do not pertain to the requested variance. The 
lot is conforming in terms of width and area. It is vacant.
Excerpt from Proposed Site Plan
Aerial photo of subject site

Page 3 of 6
Zoning District map

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   
Zoning 
District
Proposed with 
Variance
Min. Front Yard Setback 
40-feet
40-feet
Min. Rear Yard Setback 
40-feet
40-feet
Min. Side Yard Setback 
30-feet
30-feet
Maximum Height 
30-feet
30-feet
Minimum Lot Area
43,560-sq. ft.
43,560-sq. ft.
Minimum Lot Width
140-feet
140-feet
Lot Coverage
25%
25%
Hillside
Area (SF)
% of Gross 
Area
Area of Lot that is Hillside
61,913
100%
Area of Hillside Previously Disturbed
0
0%
Hillside Disturbance Inside Building Envelope
6,881
11%
Hillside Disturbance Outside Building Envelope
4,303
7%
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.  
“Due to an existing natural wash running through the center of the site, there is not enough room to 
place a septic system within the "Buildable Envelope" for this hillside lot. MCESD has already 
approved our septic design with permit "OW2500827". County Zoning has not as per Zoning 
ordinance 1201.6.1.2 for hillside all sewage disposal systems must be within the buildable 
envelope. We are proposing to install the septic system as per the approved MCESD layout which 
is near where the driveway entrance will be graded. Since this area will already be disturbed for the 
driveway entrance the septic system could be installed at the same time. The grading over the 
septic system can be returned to existing conditions after install.”
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

Page 5 of 6
enforcement of the Zoning Regulations or Development Standards would impose a hardship on 
the property.
 “The existing natural wash as shown in the Septic Design plan does not allow for installation within 
the buildable envelope. It would also eliminate any ability to service or access the septic tank or 
field after installation. The downhill and ideal location for a septic system on this lot is as shown in 
the Septic Design plan and requires a variance to Zoning Ordinance Regulation 1201.6.1.2”
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.
“Sine the septic system will be underground, the disturbance outside of the buildable envelope will 
only be temporary. After installation, the natural and existing grading and vegetation conditions can 
be returned to pre-existing conditions. Additionally, the location for the septic system is adjacent to 
where the driveway entrance will be going and thus will already be being disturbed during 
construction..”
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:
•
The applicant has demonstrated that there is a peculiar condition facing the property with 
a wash traversing the property and limiting where the septic system can be safely and 
feasibly installed. 
•
The applicant has demonstrated applying the requirements of the MCZO to this property 
that has this peculiar condition causes an undue physical hardship that prevents the

Page 6 of 6
installation of the septic system on the property. Due to physical and geotechnical 
limitations created by the existing horizontal slopes and the existing wash that runs 
through the center of the site, feasible installation of the septic system is limited to the 
west portion of the property, extending outside of the building envelope. 
•
The applicant has demonstrated that the general intent and purpose of the MCZO will be 
preserved despite the variance. The development of the single-family residence meets the 
Rural-43 development standards. Approval of the variance will allow for the installation of 
the septic system outside of the building envelope, owing to the peculiar condition of the 
property, that would otherwise not be possible without a variance.  
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 an allowance for 4,303 square feet of hillside disturbance 
related to installation of an on-site septic system outside the principal building envelope 
for APN 202-20-561A.
b)
Variance approval is not related to driveway or utility connection outside of the principal 
building envelope for APN 202-20-561A.
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 (3 pages)

/
Maricopa County Planning & Development - Phoenix, AZ
3
Gross Acres: 1 approx.
Generated September 4, 2025 2:21 PM
BA250052
Application Name:
Legal Description
Miller Residence Variance
Applicant
Case Address
6N 3E 9
Mike Prefling
43711 N 10TH ST
Applicant Phone/Email
Parcel Primary:202-20-561A
4806259795
mike@preflingeng.com
NEW RIVER, AZ 85087
Map scale 1:832
Supervisor District No.
Septic Variance - Hillside

06-25-2025
06-25-2025

Planning & Development Department 
301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 
P: 602.506.3301 
Variance Application 
Packet 12/1/23 
 
 
 
VARIANCE SUPPLEMENTAL QUESTIONNAIRE
ARS §11-816 B.2 
The Board of Adjustment may allow a variance from the terms of the ordinance when, owing to peculiar 
conditions, a strict interpretation would work an unnecessary hardship, if in granting such variance the 
general intent and purposes of the zoning ordinance will be preserved. 
1.
Please discuss and explain what is/are the peculiar condition(s) facing the property and include reference to the
Maricopa County Zoning Ordinance Regulation(s) or Development Standard(s) to be varied.  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 Regulation(s) or Development Standard(s) would impose
a hardship on the property.
2.
Please explain the unnecessary hardship the Maricopa County Zoning Ordinance creates because of a peculiar
condition/the peculiar conditions on site. Please discuss and explain that the peculiar condition of the property is
not self-created in the line of title.
Due to an existing natural wash running through the center of the site, there is not enough
room to place a septic system within the "Buildable Envelope" for this hillside lot.  MCESD
has already approved our septic design with permit "OW2500827".  County Zoning has not
as per Zoning ordinance 1201.6.1.2 for hillside all sewage disposal systems must be within
the buildable envelope.
We are proposing to install the septic system as per the approved MCESD layout which is
near where the driveway entrance will be graded.  Since this area will already be disturbed
for the driveway entrance the septic system could be installed at the same time.  The
grading over the septic system can be returned to existing conditions after install.
The existing natural wash as shown in the Septic Design plan does not allow for installation
within the buildable envelope.  It would also eliminate any ability to service or access the
septic tank or field after installation.  The downhill and ideal location for a septic system on
this lot is as shown in the Septic Design plan and requires a variance to Zoning Ordinance
Regulation 1201.6.1.2

Planning & Development Department 
301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 
P: 602.506.3301 
Variance Application 
Packet 12/1/23 
 
 
 
3.
Please discuss and explain how the granting of the requested variance would not cause a negative impact on
the general intent and purpose of the Zoning Ordinance.
*Additional sheets may be attached.
** DO NOT USE THIS FORM IF YOU ARE SUBMITTING AN INTERPRETATION 
Sine the septic system will be underground, the disturbance outside of the buildable
envelope will only be temporary.  After installation, the natural and existing grading and
vegetation conditions can be returned to pre-existing conditions.  Additionally, the
location for the septic system is adjacent to where the driveway entrance will be going
and thus will already be being disturbed during construction.

PATIO
MAIN HOUSE
FFE=2214.00
PAD=2213.33
COVER SHEET
1
NEW RIVER, AZ 85087 (APN: 202-20-561A)
10TH STREET - PARCEL 1
GRADING AND DRAINAGE PLOT PLAN
A PORTION OF SECTION 9, TOWNSHIP 6 NORTH, RANGE 3 EAST, 
GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA 
Date:
Checked by:
SEAL
JOB  NUMBER
SHEET
Designed by:
Drawn by:
OF
Version
MJP
MJP
MJP
100
08/22/2025
4435 E. Chandler Blvd
Suite 200
Phoenix, AZ 85048
480-625-9795
10TH STREET
NEW RIVER, AZ 85087
A PORTION OF SECTION 9,
TOWNSHIP 6 NORTH, RANGE 3 EAST,
OF THE GILA AND SALT RIVER MERIDIAN,
MARICOPA COUNTY, ARIZONA.
1
EXPIRES: 09/30/28
PREFLING
Engineering
CIVIL SITE IMPROVEMENTS
3
2
3
PARENT PARCEL DESCRIPTION
10TH STREET
B
B
A
A
MARICOPA COUNTY P&D RESIDENTIAL NOTES AND CONDITIONS
LEGEND
OWNER
ENGINEER
SITE DATA
VICINITY MAP
DECLARATION OF RESPONSIBLE CHARGE
FINISHED FLOOR STATEMENT
EARTHWORK
FLOOD INSURANCE RATE MAP INFORMATION
PROJECT DESCRIPTION
BASIS OF BEARING
BENCHMARK
BUILDING AREA & LOT COVERAGE
SURVEY CERTIFICATION
LEGAL DESCRIPTION
GARAGE
26.18 CFS
CONSTRUCTION NOTES

GRADING SECTIONS
2
Date:
Checked by:
SEAL
JOB  NUMBER
SHEET
Designed by:
Drawn by:
OF
Version
MJP
MJP
MJP
100
08/22/2025
4435 E. Chandler Blvd
Suite 200
Phoenix, AZ 85048
480-625-9795
10TH STREET
NEW RIVER, AZ 85087
A PORTION OF SECTION 9,
TOWNSHIP 6 NORTH, RANGE 3 EAST,
OF THE GILA AND SALT RIVER MERIDIAN,
MARICOPA COUNTY, ARIZONA.
1
EXPIRES: 09/30/28
PREFLING
Engineering
CIVIL SITE IMPROVEMENTS
3
2
3
SECTION A

GRADING SECTIONS
3
Date:
Checked by:
SEAL
JOB  NUMBER
SHEET
Designed by:
Drawn by:
OF
Version
MJP
MJP
MJP
100
08/22/2025
4435 E. Chandler Blvd
Suite 200
Phoenix, AZ 85048
480-625-9795
10TH STREET
NEW RIVER, AZ 85087
A PORTION OF SECTION 9,
TOWNSHIP 6 NORTH, RANGE 3 EAST,
OF THE GILA AND SALT RIVER MERIDIAN,
MARICOPA COUNTY, ARIZONA.
1
EXPIRES: 09/30/28
PREFLING
Engineering
CIVIL SITE IMPROVEMENTS
3
2
3
SECTION B