08.BA250056 BOA Staff Report

Report to the Board of Adjustment
Prepared by the Maricopa County Planning and Development Department
Case: 
BA250056 – Havlin Garage Variance
Hearing Date:
September 18, 2025
Supervisor District:
4
____________________________________________________________________________________________
Applicant: 
Richard Kindle
Property Owner:
Larry and Carla Havlin
Request(s):
Variance to the development standards of the Maricopa County Zoning 
Ordinance to permit:
1)
Proposed front (east) setback of 30’ where 40’ is the minimum permitted 
per MCZO Article 503.4.1.a 
Site Location:
APN 201-17-006R @ 26208 N 102nd Ave – 102nd Ave. and Jomax Rd., in 
the Peoria area
Site Size:
48,134 sq. ft. 
Current Use / Zoning:
Single-family residence / Rural-43
Background:
1.
2001: Existing single-family residence is constructed per building permit B20002811.
2.
May 1, 2017: Current owner takes possession of subject property via warranty deed MCR-
20170457931.
3.
2018: Subject garage is constructed per building permit B201803651.
4.
August 3, 2025: Applicant files for the subject variance.
Existing On-Site and Surrounding Zoning/Land Use:
5.
On-site:
Rural-43 / Single-family residence
North:
Rural-43 / Single-family residence
South:
Rural-43 / Single-family residence
East:
102nd Ave. then Rural-43 / Single-family residence
West:
Rural-43 / Single-family residence

Page 2 of 6
Variance Request:
6.
The applicant proposes to vary the front setback of the parcel from 40’ to 30’ to accommodate 
an extension of an existing detached garage.  This extension would allow the homeowners to 
park their 40’ RV in the garage. 
Excerpt from proposed site plan, oriented north.
Photographs of the garage from the street

Page 3 of 6
Site Analysis:
7.
The site is located within a mostly developed county island area surrounded by City of Peoria 
suburban development. It is fully developed with a residence and multiple accessory structures. 
Staff would note that it appears per both the site plan and aerials that the site has four driveways 
– a circular driveway on the north of the parcel with an entrance/exit lane, a half-paved three car 
garage off the main home onto 102nd Ave, and the subject garage which also accesses 102nd Ave. 
While it does not appear to have prevented the subject garage from being permitted in 2018, such 
an arrangement would appear to not be in compliance with MCZO 1102.7.12, which allows at 
most one combined entrance/exit lane per street.
Aerial photo of subject site [close up image of subject site]
Aerial image & surrounding environs [zoomed out image of area]

Page 4 of 6
Eagle view of subject site looking west into subject parcel from 102nd Ave (aerial image dated 10/8/21) 
Zoning District map of the Rural-43 zoning district

Page 5 of 6
Zoning District Standards:
8.
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 proposed standards are indicated in 
bold).
Standard
Rural-43  
Zoning 
District
Proposed with 
Variance
Min. Front Yard Setback (residence to east property line) 
40-feet
30-feet
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.” 
9.
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.  
 “MCZO Zoning district R-34; Section 503.4.1a; Front Yard requires a minimum 40 setback, 
measured from the easement line. Request a varience reducing the setback to 30' to allow the 
existing building to be extended 10' to the East to accommodate my 40' motorhome. This would 
provide weather protection, and eliminate any visual issues setting outside in the Side Yard 
driveway.”
10.
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.
“Current MCZO requires front yard have a 40' depth measured from the access easement line. The 
existing accessory building can not be extended to the rear because of the septic system.”
11.
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.
“No observable restraints or interferences to surrounding properties, and will not block visibility in 
either direction to the access/egress (roadway) easement.”

Page 6 of 6
Findings: 
12.
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.  
13.
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 could not identify a peculiar condition that went presented with the ordinance 
standard creates an undue physical hardship, not self-created in the line of title and that 
prevents reasonable development of the property. There is no warrant for encroachment 
into the front setback for an existing, detached garage.
14.
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 30’ front east setback line as measured from the street 
line for APN 201-17-006R. 
b)
Variance approval memorializes that the property has two driveways onto 102nd Ave. This 
will be considered a legal non-conforming condition since the detached garage was 
subject of a completed building permit.
Presented by:
Joel Landis, 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
4
Gross Acres: 1 approx.
Generated September 4, 2025 2:37 PM
BA250056
Application Name:
Legal Description
Havlin Garage Extension
Applicant
Case Address
4N 1E 5
Richard Kindle
26208 N 102ND AVE
Applicant Phone/Email
Parcel Primary:201-17-006R
(623) 308-5662
rwkindle@yahoo.com
PEORIA, AZ 85383
Map scale 1:752
Supervisor District No.
reduce front yard set back (depth) from 40 feet to 30 feet.  (article 503.4.1a)

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.
MCZO Zoning district R-34; Section 503.4.1a; Front Yard requires a minimum 40 setback,
 measured from the easement line. 
Request a varience reducing the setback to 30' to allow the existing building to be extended 
 10' to the East to accommodate my 40' motorhome. This would provide 
weather protection, and eliminate any visual issues setting outside in the Side Yard 
driveway.    
Current MCZO requires front yard have a 40' depth measured from the access easement 
line. The existing accessory building can not be extended to the rear because of the 
septic system.  
.

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 
No observable restraints or interferences to surrounding properties, and will not 
 block visibility in either direction to the access/egress (roadway) easement.

160.47'
300.12'
160.47'
300.12'
SCALE1"=20'
5
10
15
20
25
50
SEPTIC
N
VICINITYMAP
N102NDAVE
WJOMAXRD
NLAKEPLEASANTPKWY
WHAPPYVALLEYRD
N
40'-6"
61'-8"
50'
113'-913/16"
10'
10'
45'
18'
3'
20'
156'-101/16"
47'
40'
216'-11/2"
40'
30'
40'
30'
12'
5'
27'
34'
10'
13'
27'
F.F.E.=TOPOFSTEM
TOMATCHEXISTING
W
E
200AMPPANEL
-THEGRADEAWAYFROM
FOUNDATIONWALLSSHALL
FALL6"WITHINTHEFIRST10'
WALK
SITEPLAN
LOTCOVERAGE
LOTAREA=48,134S.F.
EXISTINGLIVABLE=4,081S.F.
EXISTINGNON-LIVABLE=1,004S.F.
EXISTINGGARAGE=918S.F.
GARAGEADDITION=270S.F.
TOTALU.R.=6,373S.F.
13.2%COVERAGE
I&E
GRAVEL
DRIVEWAY
CONC.
DRIVEWAY
EXISTING
POOL
EXISTING
RESIDENCE
I&E
GRAVEL
DRIVEWAY
EXISTING
GARAGE
N102NDAVE
I&E
I&E
SBL
SBL
SBL
SBL
OwnerInformation
OwnerName:HAVLINLARRY/CARLA
PropertyAddress:26208N102NDAVE
PEORIA,AZ85383
Parcel#:201-17-006R
Jurisdiction:NOCITY/TOWN
Zoning:RU-43
LotSize(sqft):48,134
100AMPSUBPANEL
15
D1
15
D1
FIREWALL
10'GARAGE
ADDITION
EXISTINGSEPTIC
EXTERIORLIGHTFIXTURES-
LOWPRESSURESODIUM
(150WATTSINCANDESCENTLIGHT)
COMPLYW/(MCZOSECTION1112ANDARTICLE1112.4)
COVER
SHEET:
HAVLINGARAGE
SCALE:
26208N102NDAVE
PEORIA,AZ85383
DRAWINGSPROVIDEDBY:
SITEPLAN
DATE:
REVISIONS
00-00-00
GOD-RELIGION-FREEDOM-PEACE-FAMILY
1"=20'
7/2/2025
R1
R1