02. BA240030 BOA Report
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Report to the Board of Adjustment
Prepared by the Maricopa County Planning and Development Department
Case:
BA240030 – Flynn Residence
Hearing Date:
January 16, 2025
Supervisor District:
3
____________________________________________________________________________________________
Applicant:
Jim Morris, Saddle Mountain Homes
Property Owner:
Thomas Flynn
Request:
Variance to the development standard of the Maricopa County Zoning
Ordinance to permit:
1)
Proposed street-side (west) setback of 13’ where 20’ is the minimum
permitted per MCZO Article 503.4
Site Location:
APN 203-38-007C @ 36827 N 28th Dr – 27th Ave & Dolores Rd in the
Desert Hills area
Site Size:
45,137 sq. ft.
Current Use / Zoning:
Single-family residence / Rural-43
Background:
1.
December 5, 2018: Parcel created via split from 203-38-007.
2.
October 23, 2024: Current owner takes possession of the subject property.
3.
July 10, 2024: Applicant applies for accessory building permit. Revisions requested to relocate
the RV garage further east.
4.
October 31, 2024: Applicant applies for subject variance.
Existing On-Site and Surrounding Zoning/Land Use:
5.
On-site:
Rural-43 / Single-family residence
North:
Rural-43 / Vacant
South:
Dolores Rd then Rural-43 / Single-family residence
East:
Rural-43 / Single-family residence
West:
Rural-43 / Single-family residence
Page 2 of 8
Variance Request:
6.
The applicant proposes a detached RV garage to be aligned with the existing residence. This
proposed alignment would encroach within the required 20’ street-side yard. This setback is
measured from the street line / edge of easement. (The easement is 14’ wide so the setback is
measured as 34’ from the west lot line.) A setback reduction of 7’ would be required for building
permit clearance. Below is the proposed site plan with the 14’ easement within the property
boundary highlighted in yellow and proposed detached RV garage location outlined in red.
Page 3 of 8
Photographs of proposed RV garage location
Aerial photo of subject site
Page 4 of 8
Page 5 of 8
Site Analysis:
7.
The site is part of a typical Rural-43 lot-split (non-platted) subdivision with each parcel generally
rectangular and containing at least 43,560 sq. ft. in area. The subject site measures 45,137 sq. ft.
in area with a lot width of 165 feet measured at Dolores Rd. The site is relatively flat and
unremarkable. The property has been developed with a single-family residence flanked on both
sides by an attached two-car garage and an attached RV garage. The proposed garage location
is fenced with 6’ high CMU wall. There does not appear to be any peculiar condition facing the
property different from other lots in the universe of the Rural-43 zoning district. There appears
ample room to position a detached garage on the subject lot without encroaching into the
required street-side yard.
Aerial image & surrounding environs
Page 6 of 8
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
Zoning
District
Proposed with
Variance
Min. Front Yard Setback (residence to north property line)
40-feet
n/a
Min. Rear Yard Setback
40-feet
n/a
Min. Side Yard Setback
30-feet
n/a
Min. Street-Side Setback*
20-feet
13-feet
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
Note: Standards indicated in bold do not meet base zoning standards
*As measured from the street line.
Page 7 of 8
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.
“The property has a very unusual 25 foot easement on the west side (usually it is 14 feet) so
because of this wider easement, we need to get a variance to be closer to our west wall to construct
a separate garage. The garage will be constructed to match the house and needs to be 13 feet
inside our wall but the current coding is asking for 20 feet due to this larger-than-normal easement.”
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.
“Due to the current layout and rear driveway set up of the house, you can’t put a separate garage
unless we can be closer to the west wall. We also do not want to push the garage further south in
our lot because we have good neighbors and are also taking steps to preserve their views to the
south and southeast. This is not a self created issue, when we met with Nicole Nelson/Andrew
Lorentzen we discovered that it was a larger than normal easement, limiting the use of our
property.”
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 current grading and drainage will not be affected by the new structure. The drainage for the
lot is light slope and the drainage plan has drainage going down the east and west edges of the lot
and the new structure does not impede those areas.”
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
Page 8 of 8
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:
After reviewing the submission, staff is unable to identify a peculiar condition of the property that
when faced with application of the ordinance requirement prevents reasonable development of
the property. In fact, the property is already developed with a single-family residence. The parcel
is relatively flat and unremarkable without topographic or physical hardship or impediment to
development of the second detached RV garage. There appears to be ample space within which
to locate the proposed building without need to encroach into the required street-side yard.
Variance is not warranted.
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 13’ west setback line measured from the street line for
APN 203-38-007C.
Presented by:
Daniel Johnson
Reviewed by:
Darren V. Gérard, AICP, Planning Manager
Attachments:
Case Map (1 page)
Application / Supplemental Questionnaire (3 page)
Site Plan (1 page)
/
Maricopa County Planning & Development - Phoenix, AZ
3
Gross Acres: 1 approx.
Generated December 19, 2024 10:23 AM
BA240030
Application Name:
Legal Description
Flynn Property
Applicant
Case Address
6N 2E 35
James Morris
36827 N 28TH DR
Applicant Phone/Email
Parcel Primary:203-38-007C
6239869235
mauidreams3@yahoo.com
PHOENIX, AZ 85086
Map scale 1:681
Supervisor District No.
Side Yard Setback Encroachment RV garage
MARECOPA
RESIDENTIAL VARIANCE
PROPERTY OWNER AUTHORIZATION
APPLICATION FORM
COU NTY
ALL FEES ARE DUE AT TIME OF APPLICATION AND ARE NON-REFUNDABLE
RESI DENTIAL VARIANCE REQUES']T
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Existing Zoning District and Use of Property:
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PROPER'TY INFORMA]lON
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GeneralLocation(iqclude.nearestcity/town): 1
Size in Acres: I .O*
Legal Description:
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Assessor's ParceI Numbe(s):
Subdivision Name (if applicable):
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PROPERTY OWNER AND APPLI ChNT T,UiHORIZATIOI,I
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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 Planrring and Development Department staff as applicable, as part of any approval of this request, including
conditions, development agreements, arnd/or any other requirement that may encumber or otherwise affect the use of my property.
PROPOSITION 207 WAIVER - S'GAIATTIREREQUIRED
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 ownel pursuant to A.R.S.S'l 512-1 132 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. t
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INSPECTIONS
By submitting this application, I am inviting Cout{ty staff to conduct all site inspections they deem necessary.
VERIFICA.TION OF APPLICATION I}IFORMATION - S'GIVA IU RE 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
rescinded
Owner or Authorized Agent Signaturre:
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Planning & Development Department
Residential Variance Application packet
301 W. Jefferson St.. Suite 170 Phoenix, Arizona 85003
6117124
P: 602.506 3301
1.
RESIDENTIAL VARIANCE SUPPLEMENTAL QUESTIONNAIRE
ARS 511-8168.2
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.
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 ihe property withlhe variiance request. ldentify and explain all peculiar conditions on your property in regard
to the foliowing 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.
The property has a very unusual 25 foc,t easement on the west side (usually il is 14 feet) so because of this,wider easement, we need to
g"ijviiiint" io ue ctdser to our west ,wall to construci a separate gbrage.' The garage'will be constructed to match the house and needs
io be 13 feet inside our wall but the curnent coding is asking ior 20 feet due to this larger-than-normal easement.
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.
@
e unless we can be closer to the west wall.
We also do not wani to push the garage ftirther douth in our lot tjecause we have good neighborq gld alg also taking steps to preserve
their views to the south dnd south6astl This is not a ."if Creat"O issue, when we mlet with liicole Nelson/Andrew Lorentzen we discovered
that it was a larger than normal easement, limiting the use of our property
Planning & Development Department
301 W. Jefferson Sl., Su'te 170 Phoenix, Arizona 85003
P: 602.506.3301
Residential Variance Application Packet
6t17t24
*,
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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.
The current grading and drainage will n,ot be affected by the new structure. The drainage for the lot is light slope and the drainage plan
has drainage going down the east and west edges of the lot and the new structure does not impede upon those areas.
*Additional sheets may be attached.
** DO NOT USE THIS FORM IF YOU ARE SUBMITTING AN INTERPRETATION
Planning & Development Department
Residential variance Application packet
301 W. Jefferson St., Suite 170 Phoenix, Ar zona 85003
6t17124
P: 602 506.3301
\t'
SCALE: 1" =20'-0"
HOUSE
GARAGE
POOL
GARAGE
203-38-062
SINGLE FAMILY
203-38-007D
SINGLE FAMILY
W DOLORES RD
203-38-007B
SINGLE FAMILY
EASEMENT MCR 1828
WELL BK1421
RV
GARAGE
DRIVEWAY
DRIVEWAY
DRIVEWAY
DRIVEWAY
165'
275'
143'-3.60"
10'
7'
7'-8"
14'
165'
275'
14'
32'
PERGOLA
43'
14'
14'
ELEC
PANEL
30'
80'
90'
87'-6.07"
29'-5.13"
47'-10.31"
43'
132'-9.34"
90'
EASEMENT MCR 1828
PG. 4, MCR
35'-0.18"
W DOLORES RD
RV GATE
200'-0.42"
DRIVEWAY
RV GATE
46'-2.17"
33'-4.84"
36'-4.10"
28'-2.17"
46'-2.17"
118'-9.83"
85'-9.35"
7'
18'
40'
ELEC
PANEL
13'-5.77"
15'-5.64"
116'-10.23"
118'-10.10"
DATE:
----
-
S-1
SHEET NUMBER:
SCALE:
JOB NUMBER:
----
----
----
CHECKED:
DATE:
DRAWN BY:
REVISIONS
specifications and instructions provided by the
Liability is limited to the fees paid here under.
specifications for accuracy and omissions.
must verify all dimensions, details, and
the customer and/or the building contractor
of the customer and/or contractor. Further,
site - specific conditions are the responsibility
and regulations, as well as consideration of
with local city, county, or state building codes
customer. Adaptation of these plans to comply
to draft these plans in accordance with certain
Johnson Building Design LLC. has been employed
COVER / SITE
SITE PLAN:
Johnson
JohnsonDesignAZ@gmail.com
Design
602-312-5907
Building
INTERNATIONAL RESIDENTIAL CODE (IRC) - 2018
INTERNATIONAL BUILDING CODE (IBC) - 2018
NATIONAL ELECTRIC CODE (NEC) - 2017
INTERNATIONAL PLUMBING CODE (IPC) - 2018
INTERNATIONAL FUEL GAS CODE (IFGC) - 2018
INTERNATIONAL MECHANICAL CODE (IMC) - 2018
INTERNATIONAL ENERGY CONSERVATION CODE (IECC) - 2018
INTERNATIONAL FIRE CODE (IFC) - 2018
INTERNATIONAL EXISTING BUILDING CODE (IEBC) - 2018
APPLICABLE CODES
SCOPE OF WORK:
CONSTRUC NEW RV GARAGE AND GYM
PHOENIX AZ 85086
APN:203-38-007C
BA240030 11/4/24