10.BA250032 BOA Report

Report to the Board of Adjustment
Prepared by the Maricopa County Planning and Development Department
Case: 
BA250032 – Obregon Property 
Hearing Date:
June 19, 2025
Supervisor District:
4
____________________________________________________________________________________________
Applicant / Property Owner: Herbie Obregon
 
Request:
Variance to the development standard of the Maricopa County Zoning 
Ordinance to permit:
1)
Proposed maximum rear yard lot coverage of 50% where 30% is the 
maximum permitted per MCZO Article 1106.2
Site Location:
APN 502-62-085 @ 19819 W. Clarendon Ave. – Clarendon Ave. and 199th 
Ave. in the Buckeye area
Site Size:
44,069 sq. ft. 
Current Use / Zoning:
Vacant / Rural-43
Open Violation:
No violation on property
Background:
1.
December 1, 2004: Subject parcel was created lot 84 of Pasqualetti Mountain Ranch Phase 2 and 
3 AMD, MCR Book 716 - Page 10.
2.
May 13, 2016: Subject property conveyed to current owner under deed MCR 20160346639.
3.
October 22, 2024: Property owner initiates application for custom single family residence and 
detached three bay RV garage with accessory dwelling unit.
4.
April 28, 2025: Application date for subject variance request. 
Existing On-Site and Surrounding Zoning/Land Use:
5.
On-site:
Rural-43 / Vacant
North:
Clarendon Ave then Rural-43 / Single-family residence
South:
Rural-43 / Single-family residence
East:
Rural-43 / Single-family residence
West:
Rural-43 / Single-family residence
Variance Request:
6.
The applicant is requesting an overall rear lot coverage of 50% where 30% is the limit. The 
proposed construction within the rear yard would be for a  3-bay RV garage and attached 
accessory dwelling unit measuring 4,955 sq ft. The structure sits setback approximately 10 feet

Page 2 of 10
from the rear property line, which meets the setback requirement for detached accessory 
structures within internal property lines. However, the Zoning Ordinance limits lot coverage of the 
rear 40 feet to 30%, or 1,685 sq. ft. The accessory structure is proposed to take up nearly 50% of 
the rear yard, or 2,787.45 sq ft.
Excerpt from overall proposed site plan

Page 3 of 10
Excerpt of proposed accessory structure

Page 4 of 10
Photograph of subject site
Site Analysis:
7.
From recent County aerial imagery, the subject parcel is relatively flat and appears to have been 
graded in preparation for construction. The lot features ample space and is unhindered by any 
natural features, drainage concerns, or easements that prevent reasonable development of the 
lot.

Page 5 of 10
2025 Aerial photo of subject site

Page 6 of 10
Aerial image & surrounding environs

Page 7 of 10
Eagle view of subject site looking north into subject parcel (aerial image dated 3/2/2025).

Page 8 of 10
Zoning District map
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  
Proposed with 
Variance
Min. Front Yard Setback (from south property line) 
40-feet
n/a
Min. Rear Yard Setback (from north property line)
40-feet
n/a
Min. Side Yard Setback (from west property line)
30-feet
n/a
Min. Street Side Yard Setback (from half-street right-of-
way)
20-feet
n/a
Maximum Height 
30-feet
n/a
Minimum Lot Area
43,560-sq. ft.
n/a
Minimum Lot Width
145-feet
n/a
Lot Coverage
25%
n/a
Detached structures required rear yard occupancy
30%
50%
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

Page 9 of 10
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.  
“We are applying for a Variance for our rear garage structure. We are trying the push the structure 
as far back as possible to maintain the maximum yard space possible. Please take into 
consideration that there is several garage structures larger than this in our community. Thank you“
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.
“The location of the RV garage where the County Zoning Ordinance is recommending will affect 
how much distance is from the house to the RV garage. In order to leave some space for the 
backyard and room to drive and store the RV is very limited.”
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.
“The HOA had approved the location of the RV garage taking into consideration that many homes 
had about the same distance from the wall to the building. The RV garage will be located at the 
opposite corner from our neighbors. The land is even, and no washes are present. Thank you for 
your time.”
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.

Page 10 of 10
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:
•
The applicant has not demonstrated that there is a peculiar condition facing the property. 
The parcel is not encumbered by any impediments to construction for a primary residence. 
The current allowance for lot coverage within the rear yard would allow 1685 sq. ft. of 
roofed construction, an ample amount for reasonable development of an accessory 
structure. This variance is not warranted and applicant can receive zoning clearance 
meeting Rural-43 development standards.
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 maximum rear yard lot coverage of 50% for APN 502-62-
085.
Presented by:
Daniel Johnson, Planner
Reviewed by:
Darren V. Gérard, AICP, Planning Manager 
Attachments:
Case Map (1 page)
Application / Supplemental Questionnaire (3 pages)
Site Plan (1 page)

/
Maricopa County Planning & Development - Phoenix, AZ
4
Gross Acres: 1 approx.
Generated May 29, 2025 9:23 AM
BA250032
Application Name:
Legal Description
Obregon Property
Applicant
Case Address
2N 2W 29
Herbie Obregon
19819 W CLARENDON AVE
Applicant Phone/Email
Parcel Primary:502-62-085
(602) 741-6909
contact@triplexseats.com
BUCKEYE, AZ 85396
Map scale 1:769
Supervisor District No.
Obregon Property

BA250032 RCVD 4/28/25

BA250032 RCVD 4/28/25

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2"
12"
32" SQ.
B
A
5+6'2.#0
LEGEND
PROJECT INFORMATION
ARCHITECTURAL DESIGNER:
ALEXANDER HARO
                                                              
623-451-1176
                          
OWNER:
OBREGON
HERBIE/YUNNUEN
APN:              
502-62-085
LOT. SIZE:          
44,069 SQ.FT.
ZONING:            
RU-43
SECTION T.R:  
29 2N 2W   
LOT:               
84
SUBDIVISION:
PASQUALETTI MOUNTAIN 
RANCH PHASE 2 AND 3
LIVABLE AREA:
MAIN RESIDENCE 
4,571 SQ. FT.
CASITA
768 SQ. FT.
NON-LIVABLE AREA:
(2) 2-CAR  GARAGE 
1,224 SQ. FT.
R.V.  GARAGE (3-BAY)
4,187 SQ. FT.
PORCH
193 SQ. FT.
TOTAL UNDER ROOF 
10,943 SQ. FT.
MAX LOT COVERAGE:         
 
25% (11,017 SQ. FT)
DISTURBED AREA:
58% (25,478 SQ. FT.)
PROPERTY LINE
BUILDING SETBACK LINE
APPROXIMATE LOCATION OF WATER METER.
LIVABLE
NON-LIVABLE
CONCRETE DRIVEWAY & SIDEWALK
A MIN. OF ONE, TWO INCH CALIPER OR GRATER
DROUGHT RESISTANT ACCENT TREE WITH IRRIGATION
SYSTEM
A MINIMUM OF FIVE, FIVE GALLONS OR GREATER
DROUGHT RESISTANT ACCENT SHRUBS WITH
IRRIGATION SYSTEM
DUST PROOFED WITH GROUNDCOVER, TURF, ROCK.
DECOMPOSED GRANITE OR EQUIVALENT MATERIAL AS
APPROVED BY THE PLANNING AND DEVELOPMENT
DEPARTMENT
*CONTRACTOR NEEDS TO PROVIDE AN IRRIGATION
SYSTEM
*SEE APPROVED GRADING AND DRAINAGE PLANS FOR
INFORMATION NOT SHOWN
PL
BSL
* BEFORE BREAKING GROUND ON THE PROJECT, STAKING OUT THE LOCATION OF PROPOSED
STRUCTURES OR IMPROVEMENTS ON A PROPERTY IS ESSENTIAL TO HAVE A SURVEY PREPARED
BY A REGISTERED LAND SURVEYOR SHOWING THE LOCATIONS, BOUNDARIES, DIMENSIONS,
ELEVATIONS PERFORM CONSTRUCTION STAKING AND SITE LAYOUT TO INTERPRET
CONSTRUCTION PLANS AND MARK OUT REFERENCE POINTS PRIOR TO STARTING YOUR PROJECT.
IF ANY ERROR IS MADE ON THE CONSTRUCTION PLANS, OR IF A ZONING VIOLATION IS LATER
DISCOVERED, THE CONTRACTOR/OWNER SHALL CONTACT THE DESIGNER FOR CLARIFICATION.
&+5%.#/'4
Arizona Blue Stake, Inc.
Call at least two full working days
before you begin excavation.
Dial 8-1-1 or 1-800-STAKE-IT (782-5348)
In Maricopa County: (602) 263-1100
KEY NOTES
VICINITY MAP
1.
CENTER OF THE STREET
2.
STREET CURB
3.
CMU WALL, COLOR TO MATCH BODY OF HOUSE
(HEIGHT AS NOTED)
NOTE: SEPARATE PERMIT
4.
ELECTRIC PANEL
5.
ELECTRICAL SUB PANEL
6.
GAS METER
7.
WATER METER
8.
DRIVEWAY & SIDEWALK
9.
8'-0" STEEL GATE
10.
PROPOSED SEPTIC SYSTEM(OWR2402889)
CONSTRUCTION NOTES:
1. 
NO PROTECTED NATIVE
PLANTS WILL NOT BE AFFECTED BY
CONSTRUCTION.
ADDRESS NOTE
BUILDING ADDRESS SHALL BE PERMANENT AND MINIMUM
4 INCH HIGH AND A HALF INCH STROKE. (SEE EXAMPLE
BELOW.
PARCEL NUMBER:
ZONING:
REVISIONS:
SHEET TITLE:
SEAL:
1
3
+6'-0"
3
+6'-0"
3
+6'-0"
ADJACENT PROPERTY:
SINGLE FAMILY HOME
APN:502-62-086
ZONING:RU-43
6
+6'-0"
SIDE YARD
REAR YARD
FRONT YARD
SIDE YARD
ADJACENT PROPERTY:
SINGLE FAMILY HOME
APN:502-62-084
ZONING:RU-43
2
2
4
5
6
7
8
8
8
8
8
9
9
10
ADJACENT PROPERTY:
SINGLE FAMILY HOME
APN:502-62-092
ZONING:RU-43
IN
OUT
10
2,787.45 sf
New comment based on 3rd revision plans: 
The revised plans show the building dimensions of 93'-10"x31'
over the 30% rear yard with at total increased of 2787 sf.
Please relocate the structure from the rear further to the
building envelope or obtain a variance from the planning
department @ 602-506-3301(speak to an on-call planner).
Max building 1685sq.ft allowed in the required rear yard (over
by 1101.48sq ft) (MCZO 1106,MCDD 2012-10 )
BA250032 RCVD 4/28/25