05. BA250006 BOA Staff Report

Maricopa County — Board of Adjustment (2025-04-17)

View PDF Item 5 Meeting page

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Report to the Board of Adjustment
Prepared by the Maricopa County Planning and Development Department
Case: 
BA250006 – Black Canyon Hwy Billboard 
Hearing Date:
April 17, 2025
Supervisor District:
3
____________________________________________________________________________________________
Applicant: 
William Allison, Withey Morris Baugh
Property Owner:
M&J GROUP LLC
Request:
Variance to the development standards of the Maricopa County Zoning 
Ordinance to permit:
1)
Proposed maximum height of a static billboard of 70’ where 48’ is the 
maximum permitted per MCZO Article 1403.3.1.F.2.A.
2)
Proposed maximum sign face of 672 sq. ft where 300’ is the maximum 
allowed per MCZO 1403.3.1.G
Site Location:
APN 202-22-021A @ 44026 N Black Canyon Hwy – Black Canyon Hwy 
and Circle Mountain Rd., in the New River/Anthem area
Site Size:
130,736 sq. ft. 
Current Use / Zoning:
Commercial Vehicle Storage / Billboard / C-3 CUPD
Open Violation:
N/A
Background:
1.
April 19, 2000: Z 99-109 rezoned the subject parcel from Rural-43 to C-3 CUPD with plan of 
development (POD) for a trailer sales and service center.
2.
October 23, 2012: Z2012050 amended the POD for redevelopment of the site for a similar use after 
the prior business suffered a catastrophic fire in 2008.
3.
November 26, 2013: Z2013077 amended the POD to add a billboard.  The billboard was 
subsequently built to its maximum allowable size and height of 300 sq. ft and 30’ respectively 
(today’s ordinance permits taller and larger billboards proximate to freeways). It was determined 
during the entitlement process that the billboard was not oriented to I-17 but rather fronts onto and 
is oriented to the freeway’s east side frontage road, Black Canyon Hwy. This allowed the billboard to 
be closer than 1,000’ to other billboards along I-17. At that time, the required separation between 
billboards was based upon street orientation, a linear separation along the same street, whereas the 
current ordinance is based upon a radius separation (unless separated by a freeway) without regard 
to street orientation.  Staff notes that despite it ostensibly fronting Black Canyon Hwy, it was clearly 
visible to traffic on I-17 until recent erection of a sound wall as part of a freeway widening project.

Page 2 of 10
4.
November 20, 2019: The latest update of the Daisy Mountain / New River Area Plan is adopted by 
the Board of Supervisors. Goal 4.4.3 discourages off-site billboards within the New River/I-17 
Scenic Corridor.
5.
December 15, 2021: The Maricopa County Zoning Ordinance (MCZO) billboard regulations are 
updated via TA2018001.  Billboards are now prohibited within scenic corridors.  The subject billboard 
is legal non-conforming regarding its location in a scenic corridor.
6.
2024: Arizona Department of Transportation builds a sound-barrier along the freeway in such a way 
that the subject billboard is no longer visible to traffic on I-17. This prompts the submission of this 
application to raise the billboard so that it is once again visible from I-17.
Existing On-Site and Surrounding Zoning/Land Use:
7.
On-site:
C-3 CUPD / Commercial vehicle storage and billboard
North:
City of Phoenix / USPS facility
South:
C-3 CUPD / Commercial vehicle storage
East:
I-17 then City of Phoenix / Commercial vehicle storage
West:
C-3 CUPD / Vacant
Variance Request:
8.
The applicant proposes raising the subject V-shaped billboard from 30’ to 70’ and to increase the 
square footage of the sign from 300 sq. ft to 672 sq. ft. This would once again allow the billboard 
to be seen by traffic on I-17. The billboard would have no illumination once rebuilt.
Excerpt from proposed site plan, facing north – I-17 is approximately 110’ east of the billboard

Page 3 of 10
Photographs of subject billboard as provided by the applicant – the left photo is the current view from I-17, the right photo is 
what is proposed
 
Partial elevation of the proposed billboard – the sign face measures 14x48 (672 sq. ft)
Site Analysis:
9.
The existing site is fully developed containing a vehicle storage facility and is of a flat topography. 
It borders an adjacent commercial vehicle storage site to the south, and a USPS facility to the 
north within City of Phoenix jurisdiction. The site is within the New River/I-17 Scenic Corridor. 
Billboards are prohibited within scenic corridors. Staff believes that billboards – regardless of 
whether new or existing – should not be granted entitlement to increase beyond what is allowed 
under the Ordinance. The existing billboard is legal non-conforming with regard to location in a 
scenic corridor.  It would not be permitted under the current ordinance.  It was permitted as a 
billboard oriented to Black Canyon Hwy. It is fully visible form Black Canyon Hwy. With that in 
mind, it should matter little whether traffic from I-17 could see the board as it was not oriented to 
nor intended for view by I-17 traffic. 
10.
Staff would be open to allowing the applicant to seek a special use permit (SUP) for relocation of 
the subject billboard to a different location outside of the scenic corridor. MCZO, Art. 1301.1.21.2

Page 4 of 10
allows an SUP for relocation of a billboard due to a freeway widening project.  (Also, MCZO, Arts. 
1403.3.1.K & 1301.1.21.1 allows SUP for alteration of an LNC billboard.)
Aerial photo of subject site – the billboard is at the northeast corner
Aerial image & surrounding environs

Page 5 of 10
Zoning District map – all parcels shaded in yellow are City of Phoenix jurisdiction
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 applicant (Note: changes to proposed standards are indicated 
in bold).
Standard
C-3 CUPD 
Standards
Proposed with 
Variance
Maximum billboard height < 300’ from an existing freeway 
48-feet
70-feet
Maximum sign face of a billboard < 300’ from an existing 
freeway
300 sq. ft
672 sq. ft
Location within a scenic corridor
Prohibited
Continuing 
use*
Note: Standards indicated in bold do not meet base zoning standards
 *The billboard location within a scenic corridor is LNC.
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 6 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.” 
12.
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.  
A 30 foot high, 300 square foot, illuminated billboard with two faces – one oriented to north-bound 
traffic and one oriented to south-bound traffic – has been on the property at 44026 North Black 
Canyon Highway since 2014. On December 3, 2013, the County Planning & Development 
Department approved a minor amendment to a Plan of Development for the property to allow the 
billboard; the case is Z2013077. The size and height of the billboard were the maximum allowed at 
the time of approval. On June 24, 2013, then Planning & Development Director Debra Stark issued 
an interpretation of the Maricopa County Zoning Ordinance that found the separation standard 
between billboards did not apply across a freeway; this interpretation specifically addressed 
separation of the sign on the property from billboards that existed, and still exist, on the east side 
of I-17. The Board of Supervisors memorialized this interpretation in the Zoning Ordinance when it 
updated the billboard regulations effective December 2021. When erected, the billboard complied 
with all provisions of the Maricopa County Zoning Ordinance. It became a legal, nonconforming 
sign with the December 2021 billboard regulation amendment as new billboards are prohibited in 
scenic corridors. See Maricopa County Zoning Ordinance Article 1403.3.1.E. The County designated 
I-17 north of Carefree Highway as a scenic corridor. The billboard functioned well from installation 
until ADOT erected a sound mitigation wall along the west side of I-17 in 2024. This wall completely 
blocks views of the billboard from south-bound traffic on I-17, as seen on the next page.

Page 7 of 10
Lamar Advertising and the Property owner propose an increase in height of the billboard from its 
current 30 feet to 70 feet above grade to make it visible again for both north-bound and south-
bound traffic.
Although the County Zoning Ordinance, as amended, prohibits billboards in the I-17 scenic corridor, 
this application does not seek to add a new billboard to the area. The application simply seeks 
variance of the height standard to overcome the significant hardship the ADOT sound wall works 
on the existing, legal sign. The increased height requires variance to one (1) County standard as 
follows: 1. Request to increase the height of a billboard from 30 to 70 feet. Maximum height of 48 
feet permitted for a billboard within 300 feet of an existing freeway. Maricopa County Zoning

Page 8 of 10
Ordinance Article 1403.3.1.F.2.a. Enforcement of the applicable sections of the Maricopa County 
Zoning Ordinance to maintain the height of the legal, nonconforming billboard at its current 30 feet 
imposes a hardship on the Property as the legal use is non functional for south-bound traffic. A 
billboard oriented to a freeway has no meaningful function if it is not visible from that freeway. But 
for the location of the property west of the newly constructed ADOT sound mitigation wall, the sign 
would continue to function in its legal, nonconforming condition.
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 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.
As discussed above, strict application of the Maricopa County Zoning Ordinance will deny the ability 
to retain visibility for a legal billboard that has stood on the Property for over 10 years. The proposed 
height increase is necessary to overcome the complete blocking of the billboard for south-bound 
traffic by the ADOT sound mitigation wall. But for the location of the billboard on a parcel that the 
recently constructed sound mitigation wall significantly and negatively impacts, the billboard would 
be fully visible and functional. Lamar had no role in construction of the sound mitigation wall and 
did not create the peculiar condition requiring variance relief.
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 variances would not cause a negative impact on the general intent of the 
Maricopa County Zoning Ordinance as follows: A legal billboard has stood on the Property for over 
10 years. The sign functioned as intended until erection of the ADOT sound mitigation wall on the 
western edge of I-17 in 2024. The Maricopa County Zoning Ordinance does not require removal of 
the legal, nonconforming billboard at this location; the intent of the Ordinance cannot be to allow a 
use, whether fully conforming to Ordinance standards or legal and nonconforming, that loses its 
function due to circumstances that are beyond the control of the sign owner. This request does not 
contravene the intent of the Zoning Ordinance regulating billboards in Articles 1403.3.1.E or F. 
Granting the requested variance will also not cause a negative impact on the intent of the Daisy 
Mountain / New River Area Plan, which was updated in November 2019, five years after 
construction of the subject billboard. The Area Plan discourages off-site advertising, i.e. billboards, 
in its Development Guideline 4.4.3. This guideline is not regulatory and is direction regarding new 
billboards in the Area Plan’s boundaries. Improving a long existing billboard with increased height 
needed to overcome the significant, limiting impact of a new sound mitigation wall will simply 
restore that billboard to a fully useful function. This application importantly does not propose to 
add a billboard to the corridor. To reduce impacts from the billboard, the sign owner agrees to 
remove illumination from the rebuilt sign. The sign will remain static and will have no lighting that 
could interfere with the night sky. Finally, the Maricopa County Zoning Ordinance allows 
modification of a nonconforming billboard through the Special Use Permit process in Article 
1403.3.K. This provision, on its face, is not exclusive. Nothing in the Ordinance prevents this

Page 9 of 10
variance application to address the peculiar condition that rendered the billboard nonfunctional for 
south-bound traffic.
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 does not believe the construction of the offsite noise-barrier within the freeway’s 
right-of-way constitutes a peculiar condition of the property. The billboard was originally 
permitted as oriented to Black Canyon Hwy. Therefore, no undue physical hardship was 
created by the noise-barrier.  The existing billboard is clearly viewed from Black Canyon 
Hwy.
•
The billboard is an LNC with regard to location in a scenic corridor. Staff considers it 
inappropriate to foster increased intensity of an LNC billboard within a scenic corridor.  
Variance approval would be counter to the intent and purpose of the MCZO.
•
The variance will result in a billboard that is more visible to I-17 traffic.
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 70’ maximum height for alteration an existing LNC off-
site advertising sign (billboard) located within a scenic corridor at APN 202-22-021A.
b)
Variance approval establishes a maximum sign face of 672 sq. ft for alteration of an 
existing LNC off-site advertising sign (billboard) located within a scenic corridor at APN 
202-22-021A.

Page 10 of 10
Presented by:
Joel Landis
Reviewed by:
Darren V. Gérard, AICP, Planning Manager 
Attachments:
Case Map (1 page)
Application / Supplemental Questionnaire (5 pages)
Site Plan (2 pages)
Letters of Opposition (4 pages)

/
Maricopa County Planning & Development - Phoenix, AZ
4
Gross Acres: 6 approx.
Generated April 9, 2025 10:55 AM
BA250006
Application Name:
Legal Description
44026 North Black Canyon Highway
Applicant
Case Address
6N 2E 10
Hannah Bleam
44026 N BLACK CANYON HWY
Applicant Phone/Email
Parcel Primary:202-22-021A
(602) 230-0600
hannah@wmbattorneys.com
NEW RIVER, AZ 85087
Map scale 1:951
Supervisor District No.
Request to increase the height of a billboard from 30 to 65 feet. Maximum height of 48 feet permitted for a
billboard within 300 feet of an existing freeway. Maricopa County Zoning Ordinance Article 1403.3.1.F.2.a.

Planning & Development Department 
301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 
P: 602.506.3301 
Non-Residential Variance Application 
Packet 12/2/24 
NON-RESIDENTIAL VARIANCE PROPERTY  
OWNER AUTHORIZATION APPLICATION FORM 
ALL FEES ARE DUE AT TIME OF APPLICATION AND ARE NON-REFUNDABLE 
 
Is this Design Build?   
 Yes  
 No 
Is this Residential?   
 Yes   
 No 
Is this subject property within an area of 15% or greater hillside slopes? Yes  
  No  
REQUEST 
Description of Request: 
Existing Zoning District and Use of Property: 
Related Case Number(s): 
PROPERTY INFORMATION 
Address (if known): 
General Location (include nearest city/town): 
Size in Acres: 
 
Square Feet: 
Legal Description: 
Section: 
Township: 
Range: 
Assessor’s Parcel Number(s): 
Subdivision Name (if applicable): 
APPLICANT INFORMATION 
Name: 
Contact: 
Address: 
City: 
State: 
Zip: 
Phone #: 
Fax #: 
E-mail Address: 
PROPERTY OWNER INFORMATION 
Name: 
Contact: 
Address: 
City: 
State: 
Zip: 
Phone #: 
Fax #: 
E-mail Address: 
PROPERTY OWNER AND APPLICANT AUTHORIZATION  
I (property owner) 
 
authorize (applicant’s name) 
to file this application on all matters relating to this request with Maricopa County. By signing this form as the property owner I hereby agree to 
abide by any and all conditions that may be assigned by the Maricopa County Board of Supervisors, Maricopa County Planning and Zoning 
Commission, or Maricopa County Planning and Development Department staff as applicable, as part of any approval of this request, including 
conditions, development agreements, and/or any other requirement that may encumber or otherwise affect the use of my property. 
PROPOSITION 207 WAIVER – SIGNATURE REQUIRED  
The property owner acknowledges that the approval being sought by this application may cause a reduction in the existing rights to use, 
divide, sell or possess the private property that is the subject of this application.  The property owner further acknowledges that it is the 
property owner who has requested the action sought by the filing of this application.  Therefore, with full knowledge of all rights granted to 
the property owner pursuant to A.R.S.§1§12-1132 through 1138, the property owner does hereby waive any and all claims for diminution in 
value of the property with regard to any action taken by Maricopa County as result of the filing of this application. 
Property Owner Signature: 
 
Date: 
INSPECTIONS 
By submitting this application, I am inviting County staff to conduct all site inspections they deem necessary. 
VERIFICATION OF APPLICATION INFORMATION  –  SIGNATURE REQUIRED 
I certify that the statements in this application and support material are true. Any approvals or permits granted by Maricopa County in reliance 
upon the truthfulness of these statements may be revoked or rescinded.  
Owner or Authorized Agent Signature: 
 
Date: 
ARS § 1605 TIMEFRAME EXTENSION  
I authorize a 50% timeframe extension for the review of my application as adopted by the Board of Supervisors per ARS § 1605 and as 
amended. 
 
Property Owner Signature: _________________________________________________________   Date: 
  ______________________________ 
Variance to increase height of billboard from 30 feet to 70 feet
Z2013077
44026 N Black Canyon Hwy
SWC Circle Mountain Rd and I-17; Phoenix, AZ
3.00
130,736.00
10
6N
2E
202-22-021A
N/A
Withey Morris Baugh, PLC
William F. Allison
2525 E Arizona Biltmore Cir, A-212
Phoenix
AZ
85016
(602) 346-4615
(602) 212-1787
bill@wmbattorneys.com
M&J Group, LLC
Jonathon Justice
1840 W Sierra Sunset Trail
Phoenix
AZ
85085
(575) 693-4395
akeyproperties@gmail.com
M&J Group, LLC/
Withey Morris Baugh/William F. Allison
✔
✔
✔
CUPD; RV and Boat Storage with a billboard oriented to I-17.
2-27-25
2-27-25
2-27-25

Planning & Development Department 
301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 
P: 602.506.3301 
Non-Residential Variance Application Packet 
6/17/24 
 
NON-RESIDENTIAL 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. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
A 30 foot high, 300 square foot, illuminated billboard with two faces – one oriented to north-bound traffic and 
one oriented to south-bound traffic – has been on the property at 44026 North Black Canyon Highway since 
2014.  On December 3, 2013, the County Planning & Development Department approved a minor amendment 
to a Plan of Development for the property to allow the billboard; the case is Z2013077.  The size and height of 
the billboard were the maximum allowed at the time of approval.  On June 24, 2013, then Planning & 
Development Director Debra Stark issued an interpretation of the Maricopa County Zoning Ordinance that found 
the separation standard between billboards did not apply across a freeway; this interpretation specifically 
addressed separation of the sign on the property from billboards that existed, and still exist, on the east side of 
I-17.  The Board of Supervisors memorialized this interpretation in the Zoning Ordinance when it updated the 
billboard regulations effective December 2021. 
When erected, the billboard complied with all provisions of the Maricopa County Zoning Ordinance.  It became 
a legal, nonconforming sign with the December 2021 billboard regulation amendment as new billboards are 
prohibited in scenic corridors.  See Maricopa County Zoning Ordinance Article 1403.3.1.E.  The County 
designated I-17 north of Carefree Highway as a scenic corridor. 
The billboard functioned well from installation until ADOT erected a sound mitigation wall along the west side of 
I-17 in 2024.  This wall completely blocks views of the billboard from south-bound traffic on I-17, as seen on the 
next page.

Planning & Development Department 
301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 
P: 602.506.3301 
Non-Residential Variance Application Packet 
6/17/24 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
View of Billboard – Before Sound Wall Installation. 
 
 
 
Current View of Billboard – After Sound Wall Installation.

Planning & Development Department 
301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 
P: 602.506.3301 
Non-Residential Variance Application Packet 
6/17/24 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Although the County Zoning Ordinance, as amended, prohibits billboards in the I-17 scenic corridor, this 
application does not seek to add a new billboard to the area.  The application simply seeks variance of the height 
standard to overcome the significant hardship the ADOT sound wall works on the existing, legal sign.  The 
increased height requires variance to one (1) County standard as follows: 
1. Request to increase the height of a billboard from 30 to 70 feet.  Maximum height of 48 feet permitted for a 
billboard within 300 feet of an existing freeway.  Maricopa County Zoning Ordinance Article 1403.3.1.F.2.a. 
Enforcement of the applicable sections of the Maricopa County Zoning Ordinance to maintain the height of the 
legal, nonconforming billboard at its current 30 feet imposes a hardship on the Property as the legal use is non-
functional for south-bound traffic.  A billboard oriented to a freeway has no meaningful function if it is not visible 
from that freeway.  But for the location of the property west of the newly constructed ADOT sound mitigation 
wall, the sign would continue to function in its legal, nonconforming condition. 
Lamar Advertising and the Property owner propose an increase in height of the billboard from its current 30 feet 
to 70 feet above grade to make it visible again for both north-bound and south-bound traffic.

Planning & Development Department 
301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 
P: 602.506.3301 
Non-Residential Variance Application Packet 
6/17/24 
 
 
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. 
 
 
 
 
 
 
 
 
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. 
 
 
 
 
 
 
 
 
 
 
 
 
 
Granting the requested variances would not cause a negative impact on the general intent of the Maricopa 
County Zoning Ordinance as follows: 
 
A legal billboard has stood on the Property for over 10 years.  The sign functioned as intended until erection 
of the ADOT sound mitigation wall on the western edge of I-17 in 2024.  The Maricopa County Zoning 
Ordinance does not require removal of the legal, nonconforming billboard at this location; the intent of the 
Ordinance cannot be to allow a use, whether fully conforming to Ordinance standards or legal and 
nonconforming, that loses its function due to circumstances that are beyond the control of the sign owner.  
This request does not contravene the intent of the Zoning Ordinance regulating billboards in Articles 
1403.3.1.E or F. 
Granting the requested variance will also not cause a negative impact on the intent of the Daisy Mountain / 
New River Area Plan, which was updated in November 2019, five years after construction of the subject 
billboard.  The Area Plan discourages off-site advertising, i.e. billboards, in its Development Guideline 4.4.3.  
This guideline is not regulatory and is direction regarding new billboards in the Area Plan’s boundaries.  
Improving a long existing billboard with increased height needed to overcome the significant, limiting impact 
of a new sound mitigation wall will simply restore that billboard to a fully useful function.  This application 
importantly does not propose to add a billboard to the corridor. 
To reduce impacts from the billboard, the sign owner agrees to remove illumination from the rebuilt sign.  
The sign will remain static and will have no lighting that could interfere with the night sky. 
Finally, the Maricopa County Zoning Ordinance allows modification of a nonconforming billboard through 
the Special Use Permit process in Article 1403.3.K.  This provision, on its face, is not exclusive.  Nothing in 
the Ordinance prevents this variance application to address the peculiar condition that rendered the 
billboard nonfunctional for south-bound traffic. 
As discussed above, strict application of the Maricopa County Zoning Ordinance will deny the ability to retain 
visibility for a legal billboard that has stood on the Property for over 10 years. The proposed height increase is 
necessary to overcome the complete blocking of the billboard for south-bound traffic by the ADOT sound 
mitigation wall.  But for the location of the billboard on a parcel that the recently constructed sound mitigation 
wall significantly and negatively impacts, the billboard would be fully visible and functional.  Lamar had no role 
in construction of the sound mitigation wall and did not create the peculiar condition requiring variance relief.

70’

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Re: BA250006 - Black Canyon Hwy Billboard - APN 202-22-021A
From Edward Taylor <etaylor@estentinc.com>
Date Mon 3/3/2025 6:54 PM
To
Joel Landis (PND) <Joel.Landis@maricopa.gov>
BA250006. This application should be denied.  The billboard is unobstructed from the freeway in both
directions as it is now.  There will be no building in the right of way that would block it in the future.  The
billboard will block the view shed already limited by the new sound wall along the freeway. The  Scenic
Corridor in the Daisy Mountain/New River Area Plan and Dark Skies initiative addresses this very
situation.  I strongly oppose approval of this application and ask members of the board to not approve
the variance.
Thank you for the opportunity
Ed Taylor, President
EST Enterprises Inc, 
602.739.1235
On Fri, Feb 21, 2025 at 11:18 AM Joel Landis (PND) <Joel.Landis@maricopa.gov> wrote:
Hello,
The above variance request has been made to raise an existing billboard from 30' to 65' where a
maximum of 48' is allowed in Maricopa County jurisdiction, case BA250006. You are receiving this
request because you are on our Area of Interest list for this parcel. Files are available on Permit Center.
This case is likely to be heard at the March 13th Board of Adjustment hearing. Please let me know if
you have any questions or comments on this request via email.
Maricopa County Logo
Joel Landis
PLANNING & DEVELOPMENT
301. W Jefferson St. Phoenix, AZ
85003
Planner
O:   602-506-8358    
MARICOPA.GOV
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Re: BA250006 - Black Canyon Hwy Billboard - APN 202-22-021A
From Eileen Baden <eileenbaden@gmail.com>
Date Mon 3/3/2025 9:24 AM
To
Joel Landis (PND) <Joel.Landis@maricopa.gov>
1 attachment (10 MB)
I17 Scenic Corridor Phx New River.png;
Hi Joel,
We are very concerned about an increase in height to any billboards because the I-17 in this location is
a Scenic Corridor. The I-17 Scenic Corridor is identified in the Daisy Mountain/New River Area Plan
(Plan). See attached (this map was taken from the plan, PDF page 7.) The Plan identifies
very strong public support for the scenic corridors.
Our major concern is the adverse effect on the views of the mountains in this area. This will set a
precedent and every other business will also want to increase their billboard sign, creating a
cumulatively adverse effect to views. 
Much of the lands in the viewshed are public lands and which have Visual Resource Standards. For
example, the Bureau of Land Management (BLM) will do a viewshed analysis to see how projects
impact views from different areas. 
In general, for this location is does not seem appropriate to allow an increase in height of one
billboard as it will make every other billboard owner do the same and will ruin views from a major
travel corridor to Daisy Mountain, BLM, and other public lands. Many tourists fly into Phoenix and
drive up to Sedona, the Grand Canyon, and other northern AZ cities and drive this route. We want to
protect the mountain views of the North Phoenix and New River Area not only for residents, but
travelers as well. 
With the new Bela Flor housing development being built just east of this site (and just east of the I-17
N frontage road), it does not seem appropriate to increase the height of the billboard as this is
becoming a residential area as well. 
Where can we find more details about this? When looking it up, it said, "No documents found". 
Please let me know if you have any questions.

Thank you for your time. 
-Eileen Baden, AICP & Byron Baden, RG
Residents of New River, AZ 
Eileen Baden, AICP
President, Friends of Daisy Mountain Trails
Bureau of Land Management, AZ Resource Advisory Council Member
Arizona State University, School of Geographical Sciences and Urban Planning - Planning Advisory Board
eileenbaden@gmail.com
(all views expressed are our own)
On Fri, Feb 21, 2025, 11:18 AM Joel Landis (PND) <Joel.Landis@maricopa.gov> wrote:
Hello,
The above variance request has been made to raise an existing billboard from 30' to 65' where a
maximum of 48' is allowed in Maricopa County jurisdiction, case BA250006. You are receiving this
request because you are on our Area of Interest list for this parcel. Files are available on Permit Center.
This case is likely to be heard at the March 13th Board of Adjustment hearing. Please let me know if
you have any questions or comments on this request via email.
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Joel Landis
PLANNING & DEVELOPMENT
301. W Jefferson St. Phoenix, AZ
85003
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