10. BA250016 BOA Staff Report

Report to the Board of Adjustment
Prepared by the Maricopa County Planning and Development Department
Case: 
BA250016 – Casey Pool Project 
Hearing Date:
April 17, 2025
Supervisor District:
1
____________________________________________________________________________________________
Applicant/
Property Owner:
Chad Casey 
Request:
Variance to the development standard of the Maricopa County Zoning 
Ordinance to permit:
1)
Proposed street-side (west) setback line of 3’ where 20’ (from the 
ultimate street line) is the minimum permitted per MCZO Article 503.4.1.c 
Site Location:
APN 304-90-078A @ 25930 S. 196th Pl. – 196th St. & San Tan Blvd. in the 
Queen Creek area. 
Site Size:
37,002 sq. ft. (43,609 sq. ft. gross)
Current Use / Zoning:
Single-family residence / Rural-43
Open Violation:
None
Background:
1.
Circa 2022-3:  Parent parcel 304-90-078D is carved into five individual lots by Nexstar Homes 
LLC via unregulated land division. The child parcels carry the same Assessor Parcel Number 
(APN) but with added suffixes A, B, C, D & E. The subject parcel is APN 304-90-078A.
The subject parcel and APN 304-90-078B to the east, across 196th Pl. (cul-de-sac internal to the 
five lot split) appear to have substandard lot areas of approx. 37,000 sq. ft. but this is based upon 
the net lot area.  The gross lot areas include a 40’ highway easement for San Tan Blvd. as per 
recorded dockets 7284-08 MCR and 7327-06 MCR.
2.
April 9, 2024: Permit B202303977 for a single-family residence (SFR) by Nexstar Homes LLC 
passed the final building construction safety inspection and was issued a Certificate of 
Occupancy. The SFR was permitted 60’ from the west lot line, 196th St. alignment, which include 
a 40’ future ROW preservation from the mid-section line plus a 20’ street-side setback.
3.
April 26, 2024: Current owner acquires property per deed in recorded instrument 20240225583. 
4.
November 11, 2024: Pool permit BLDR2404386 application submitted.  It shows a proposed pool 
and space setback only 28’ from the mid-section line which equates to a 3’ street-side setback from 
the ultimate street line of 196th St. The permit cannot be approved because it fails to meet the west 
street-side setback.

Page 2 of 7
5.
February 10, 2025: MCDOT reduced future ROW preservation along the 196th St. mid-section line 
on the parcel’s west boundary from 40’ to 25’.  This creates a 45’ west setback from the property 
line / mid-section line. This 45’ setback is inclusive of the 25’ future ROW reservation plus the 20’ 
street-side setback.  The existing easement for 196th St. is only 15’.
6.
March 13, 2025: Variance application submitted
Existing On-Site and Surrounding Zoning/Land Use:
7.
On-site:
Rural-43 / Single-family residence
North:
Rural-43 / Single-family residence
South:
Rural-43 / Single-family residence
East:
Rural-43 / 196th Pl., then single-family residence
West:
Rural-43 / 196th St., then single-family residence
Variance Request:
8.
The applicant proposes to amend the required west street-side / front yard.  No structures (other 
than a perimeter fence) are permitted within required front yards (which include street-side 
yards).  The subject lot as a required 45’ west street-side yard (or 20’ from the ultimate street 
line).  The property owner is proposing detached,  accessory pool/spa and support equipment 
structures to be setback 3’ from the ultimate street line where 20’ is the minimum permitted (or 
28’ from the mid-section line where 45’ is the minimum permitted). The applicant states the 
variance is necessary to allow the pool to be placed so that it si viewable from within the home.   
 Proposed site plan (north to right side of page)

Page 3 of 7
Photographs of subject site
Site Analysis:
9.
The subject site is rectangular in shape and approximately 43,609 gross sq. ft. in area (or only 
37,002 net acres in area when subtracting the area of San Tan Blvd.). The parcel is located in the 
Rural-43 zoning district. Due to poor lot-splitting practices the subject parcel has an encumbered 
building envelope. The parcel is located along three different roadways – San Tan Blvd. is the 
front along the south, and 196th St. and 196th Pl. are street-sides along the west and east 
respectively. This means a parcel at the zoning district’s minimum lot size has three frontages.  
Further, the 40’ of San Tan Blvd. are included within the parcel’s gross area making it 
pragmatically smaller than the zoning district’s minimum lot area.  These encumbrances are self-
created in the line of title due to unregulated land division and poor lot-splitting.
The area in question is along 196th St. The street is comprised of a series of private access 
easements which are located 15’ from the centerline (mid-section line and property line); however, 
the ultimate street line is 25’ from the centerline.  The minimum setback from the ultimate street 
line is 20’.  The applicant is requesting variance for a minimum 3’ setback from the ultimate street 
line to accommodate the proposed pool design. 
Staff notes the existing wall along the western boundary was built with benefit of an issued 
construction permit authorizing the work under B202308644. However, the wall was erected 
within the required future ROW reservation area at the edge of the existing, recorded easement at 
15’. The current wall would be 13’ from the proposed pool location. It should be only 3’ from the 
pool and concurrent with the ultimate street line.

Page 4 of 7
Aerial photo of subject site
Aerial image & surrounding environs

Page 5 of 7
Zoning District map
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 proposed standards are indicated in 
bold).
Standard
Rural-43  
Zoning 
District
Proposed with 
Variance
Min. Front Yard Setback (south) 
40-feet
n/a
Min. Rear Yard Setback (north)
40-feet
n/a
Min. Street-Side Yard Setback (east)
20-feet**
n/a
Min. Street-Side Yard (west)
20-feet**
3-feet**
Maximum Height 
30-feet
n/a
Minimum Lot Area
43,560-sq. ft.
37,002 sq. ft.*
Minimum Lot Width
145-feet
165’*
Max. Lot Coverage
25%
n/a
Note: Standards indicated in bold do not meet base zoning standards
 *Gross area and width are inclusive of road easements
**Measured from the 25’ ultimate street line
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 7
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.  
“We are requesting that planning and development to reduce their requirement to 3’ from MCDOT 
ROW so we can fit our pool behind our house and see our kids while they play in the pool from the 
back windows. “
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 
enforcement of the Zoning Regulations or Development Standards would impose a hardship on 
the property.
“Due to property being on corner lot and MCDOT ROW of 25’ plus planning and development of 20’ 
does not allow us to construct a pool within viewing from the house.”
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.
“MCDOT maintains the right to upgrade the roadway on 196th Place and will not have any negative 
impact on the area.”
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

Page 7 of 7
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:
•
Parcel was developed as part of an unregulated land division. Poor lot splitting practice 
resulted in an encumbered building envelope due to three street frontages and a gross lot 
area inclusive of easement for the three lots including a collector street. This lot-splitting 
was self-created in the line of title. 
•
Absent the lot splitting staff is unable to identify a peculiar condition facing the property 
that when faced with the ordinance requirement prevents reasonable development of the 
property. In fact the lot is developed with a single-family residence. 
•
The proposed pool can be placed to the north of the residence without need for 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 a 3’ west street-side setback line as measured from the 
ultimate street line for APN 304-90-078A. 
Presented by:
Andrew Lorentzen
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
1
Gross Acres: 1 approx.
Generated April 9, 2025 11:11 AM
BA250016
Application Name:
Legal Description
Casey Pool Project
Applicant
Case Address
2S 7E 32
CHAD CASEY
25930 S 196TH PL
Applicant Phone/Email
Parcel Primary:304-90-078A
(480) 270-2686
chadcasey03@gmail.com
QUEEN CREEK, AZ 85142
Map scale 1:556
Supervisor District No.
We have been trying to get approval to build a pool in our backyard. Without update from the builder or
the title company on the home we purchased, apparently there is a future ROW from MCDOT and then a

Planning & Development Department 
301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 
P: 602.506.3301 
Residential Variance Application Packet 
12/2/24 
RESIDENTIAL VARIANCE  
PROPERTY OWNER AUTHORIZATION 
APPLICATION FORM 
 
ALL FEES ARE DUE AT TIME OF APPLICATION AND ARE NON-REFUNDABLE 
RESIDENTIAL VARIANCE 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): 
Is this subject property within an area of 15% or greater hillside slopes? Yes  
  No  
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: 
  ______________________________ 
REDUCE SETBACK TO THREE FEET FROM MCDOT ROW TO POOL
25930 S 196TH Pl., QUEEN CREEK AZ 85142
SAN TAN & 196th STREET
1.00
37,000.00
32
2S
7E
304-90-078A
I
Chad Casey
25930 S 196TH Pl.,
QUEEN CREEK
AZ
85142
(480) 270-2686
chadcasey03@gmail.com
Chad Casey
25930 S 196TH Pl., QUEEN CREEK AZ 85142
QUEEN CREEK
AZ
85142
(480) 270-2686
chadcasey03@gmail.com
03/12/2025
R-43 RESIDENCE
03/12/2025

Planning & Development Department 
301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 
P: 602.506.3301 
Residential Variance Application Packet 
12/2/24 
 
 
 
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.
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.
We are requesting that planning and development to reduce their requirement to 3’  from MCDOT ROW so we can fit our pool behind our house 
and see our kids while they play in the pool from the back windows.
Due to property being on corner lot and MCDOT ROW of 25’ plus planning and development of 20’ does not allow us to construct a pool 
within viewing from the house.

Planning & Development Department 
301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 
P: 602.506.3301 
 
 
 
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 
Residential Variance Application Packet 
6/17/24 
MCDOT maintains the right to upgrade the roadway on 196th Place and will not have any negative impact on the area.

196TH ST
SAN TAN BLVD
APN:304-90-078D
THOMPSON LIVING TRUST
APN:304-90-078B
HEFNER BRIAN W/LISA D
RESIDENCE
APN:304-90-026C
ESUIVEL MAGDALENO/MODESTA ALICIA
RESIDENCE
APN:304-90-058G
BAUTISTA JAMIE
RESIDENTIAL
MCDOT 25' ROW
196TH PL
RESIDENCE
CONCRETE
DRIVEWAY
8
8
40
20
10
29
31
9
EXISTING SEPTIC
PER SEPARATE
PERMIT: OW-23-00587
EXISTING FENCE
PER SEPARATE PERMIT:
B202308644
SPA
POOL
3
13
77
107
28
WM
#1
TOWN OF QUEEN CREEK WATER
EXISTING RESIDENCE
PER SEPARATE PERMIT:
B202303977
APN: 304-90-078A
VICINITY MAP
THIS
SITE
8
8
40
20
SPA
POOL
POOL PERMIT PLAN
A PORTION OF THE NORTHEAST QUARTER OF SECTION 32,
TOWNSHIP 2 SOUTH, RANGE 7 EAST OF THE G.&S.R. B. & M.,
MARICOPA COUNTY, ARIZONA
OWNER:
CASEY CHAD/EMILY
480-270-2686
CHADCASEY03@GMAIL.COM
PROPERTY:
25930 S 196TH Pl.,
QUEEN CREEK AZ 85142
304-90-078A
0
20
10
SCALE: 1" :10'
NORTH
HOUSE DIMENSIONS
CONSTRUCTION NOTES:
20'x40' POOL
INCULDING 8'x8' SPA
POOL NOTES:
1.
FLOOR DRAINS 6' APART
2.
SPA CALL DRAIN & FLOOR DRAIN 6' APART
3.
ALL GATES WILL BE SELF CLOSING, SELF LATCHING
          OPEN AWAY FROM PROPERTY AND PAD LOCKED
4.
ALL WINDOWS & DOORS WILL HAVE LOCKS AT
          64" HIGH OR ALARMED
BUILDING SUMMARY
SITE DATA
LEGEND
PAGE SIZE: 24x 36