Summary Sheet- RFCA SUMMARY

CITY OF TEMPE
Meeting Date: 3/5/2026  
REQUEST FOR COUNCIL ACTION
Agenda Item: 8A1
ACTION:  QUASI-JUDICIAL ITEM / PUBLIC HEARING ITEM Hold a public hearing for an Appeal of 
the Development Review Commission’s (DRC) decision to approve a Use Permit to allow a detached 
two-story accessory dwelling unit (ADU), for ADU BUILD - HARVEY RESIDENCE (PL250081), located 
at 36 East Cairo Drive. The appellant is Dawn Sinclair. The original applicant is 3C Contracting, LLC. 
Due to the original applicant modifying their plans from two-story to one-story, Staff is recommending 
City Council vacate the DRC decision and render the Appeal moot. (This item was previously continued 
from September 18, 2025.)
FISCAL IMPACT:  There is no fiscal impact on City funds.
RECOMMENDATION:  Vacate the DRC approved Use Permit for a detached two-story accessory 
dwelling unit (ADU) and render the Appeal moot.
 
BACKGROUND INFORMATION:  ADU BUILD - HARVEY RESIDENCE (PL250081), located at 36 
East Cairo Drive in the R1-6 zoning district. On May 13, 2025, the Development Review Commission 
voted 6-0 to approve, on the consent agenda, two (2) Use Permits for the Harvey Residence ADU project 
(PL250081). That approval was for a Use Permit to allow a two-story accessory dwelling unit (ADU) and 
a Use Permit to allow an increase in height of an accessory building over 15', to 18'-4". Due to this being 
approved on the consent agenda, no discussions or public testimony was heard. Prior to the hearing, 
staff received no comments in opposition to the requests. Due to the original applicant modifying their 
design from two-story to one-story, Staff is recommending City Council vacate the DRC decision and 
render the Appeal moot.
On May 22, 2025, Dawn Sinclair submitted an Appeal of the Development Review Commission’s 
approval of PL250081. 
On June 6, 2025, the City of Tempe Zoning Administrator issued an opinion stating that a Use Permit is 
not required for height above the maximum height allowed for detached accessory buildings (15’) for an 
ADU and therefore the prior decision made by the DRC for accessory buildings was no longer necessary 
and could not be appealed. 
June 17, 2025, Dawn Sinclair submitted an Appeal of the Zoning Administrator’s Opinion that a Use 
Permit is not required for height above the maximum height allowed (15 feet) for detached accessory 
buildings that are used as an ADU (PL250217).
On July 23, 2025, the Board of Adjustment voted to deny the appeal and upheld the Zoning 
Administrator’s opinion that a Use Permit is not required for height above the maximum height allowed 
(15 feet) for detached accessory buildings that are used as an ADU. 
September 18, 2025, Tempe City Council postponed the decision on the Use Permit appeal of 
PL250081 and directed staff to prepare a formal Zoning Administrator’s Opinion to clarify the legality of 
requesting a Use Permit to construct a two-story ADU pursuant to Section 3-420 of the Tempe Zoning 
and Development Code.

2
On October 3, 2025, Honorable Gary Donahoe issued a Special Zoning Administrator’s Opinion stating 
that the City of Tempe does not have the legal authority to require a Use Permit pursuant to ZDC Section 
3-420 for any two-story ADU because it conflicts with A.R.S. § 9-461.18.
October 20, 2025, Dawn Sinclair submitted an Appeal of the Zoning Administrator’s Opinion stating that 
the City of Tempe does have the legal authority to require a Use Permit for a two-story ADU (PL250363).
On November 17, 2025, a building permit (BP250368) was issued for a single-story ADU at 36 East 
Cairo Drive. The applicant revised their plans from the original two-story ADU. Due to the revised plans, 
the Use Permit and Appeal are moot.
December 17, 2025, the City of Tempe Board of Adjustment voted 6-1 to approve the appeal of the 
Zoning Administrator’s Opinion stating that the City of Tempe does not have the legal authority to require 
a Use Permit for a two-story ADU. The result is that the City of Tempe shall continue to require a Use 
Permit for a two-story ADU.
This request includes the following:
ZUPA250003, an appeal of ZUP250034, a Use Permit to allow a detached two-story ADU.
ATTACHMENTS:    
1. STAFF_REPORT_ADU_BUILD_HARVEY_RESIDENCE_APPEAL_030526.DOCX
2. EXHIBITS_ADU_BUILD_HARVEY_RESIDENCE_030526.PDF
STAFF CONTACT(S):  Ryan Levesque, Deputy Community Development Director, (480) 858-2393
Department Director:  Jeff Tamulevich, Community Development Director  
Legal review by:  Eric Anderson, City Attorney
Prepared by:  Robert Mansolillo, Planner, Sr