BA250033 Handout Memo

DATE:
August 14, 2025
TO:
Board of Adjustment   
From:
Nick Schlimm, Planner
SUBJECT:
BA250033 – Wiley Property   
Agenda Item: #2
Since the publication of the staff report for the referenced case, the property owner has modified 
the first of his two variance requests as follows:
1) A proposed use-specific setback of 12’ for a private sports court from the north lot line, 
adjacent to property (right-of-way) under separate ownership, where 20’ is the minimum 
permitted per MCZO Article 702.2.8.a.
Previously, the owner and applicant had requested court-specific setbacks of 4’ from both the 
north and the west lot lines. The surfacing material for the court measures approximately 4’ – 5’ 
from both lot lines. Furthermore, the court had originally included basketball hoops on both the 
east and west ends of the court, with the west-side hoop measuring less than 5’ from the west lot 
line. According to the owner, however, the hoops have been removed since the July 17th hearing. 
Only the pickleball court markings and surfacing material remain. Staff’s interpretation of setback 
requirements for a pickleball court is that setbacks must be measured from the court baseline to 
the lot line. This would place the court between 12’ and 13’ from the north lot line and between 
16’ and 17’ from the west lot line. The owner has advised staff that he can shift the pickleball 
court approximately 5’ toward the east. This would negate the need for a court-specific setback 
variance from the west lot line. Only a court-specific setback variance of 12’ would be required 
from the north lot line.
The second variance request will remain the same as written in the staff report:
2) Proposed north (front yard) setback of 3’ where 20’ is the minimum permitted per MCZO 
Article 702.4.1.a and 702.4.1.b
The following table illustrates and contrasts the standards for the underlying zoning district with 
those proposed by the owner (proposed changes to standards are indicated in bold):

Standard
R-4  
Zoning 
District
Proposed 
with Variance
Min. Front Setback (residence to Hazeltine Way) 
20-feet
20-feet
Min. Front Setback (residence to north lot line)
20-feet
3-feet
Min. Interior Side Setback (residence to east lot line)
5-feet
5-feet
Min. Interior Side Setback (residence to west lot line)
5-feet
5-feet
Private Sports Court Setback from Adjoining 
Properties / Right-of-Way (north lot line)
20-feet
12-feet

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 12’ setback for a private sports court from the north lot 
line for APN 304-87-056B.
b) Variance approval establishes a 3’ north property line front setback for APN 304-87-056B.
Attachments:
Email from Property Owner and Attachment (2 pages)

1
Nicholas Schlimm (PND)
From:
David wiley <dlwgaz@gmail.com>
Sent:
Tuesday, August 12, 2025 12:57 PM
To:
Nicholas Schlimm (PND)
Subject:
Variance Request
Attachments:
PBCOURT (AutoRecovered).docx
This Message Is From an External Sender 
This message came from outside your organization. Please use caution when corresponding outside the county. 
Good afternoon. 
I would like to keep the meeting as scheduled on Thursday 14 August. 
As indicated previously and shown in the power point, I have removed the basketball standard. 
In the original power point, I mentioned that I can move the lines of the court to 22' from the West 
Wall.  The North Line is at 12'3".  I can move that line 7'7" to the south to make that line at 20', but I would 
rather have it stay at 12'3".  Can we adjust the Variance to accept this change?   
Thank you. 
David Wiley

MOVE LINES AND 
NET  5’ 
20’ SETBACK 
NET