DRC_STAFF REPORT_ATKIN RESIDENCE_032426.DOCX

PL250445 – ATKIN RESIDENCE 
Page 1
March 24, 2026
STAFF REPORT
ATKIN RESIDENCE (PL250445)
PROJECT DATA: 
Project Address
836 West Orion Street, Tempe AZ, 85283
Property Owners / Applicants
Michael Atkin, Kimberly Atkin
Zoning District 
R1-7 
Gross / Net Site Area
0.21 acres (9,204 s. f.) / 0.05 acres (2.090 s. f.)
Total Bedrooms
5 bedrooms 
Total Building Area
2090 s. f. 
Building Height(s) 
13’6” (30’ maximum allowed) 
Lot Coverage
18.6% (45% maximum allowed) 
Building Setbacks
28’ front, 10’ west side, 9’3” east side, 52’7” rear (20’, 7’, 7’, 10’ 
min.)
Vehicle Parking
2 spaces on existing driveway, (2 min. required)
Required Parking for Use
2 spaces (single family residence 5 bedrooms or less)
COMMENTS:
This site is Lot 352 of the Pepperwood Unity 6 Subdivision, in the Southwest Tempe Character Area, 
north and east of Guadalupe Drive and Hardy Drive. The subject property is zoned R1-7, Single-Family 
Residential zoning district and is a four-bedroom home with a two-car garage constructed in 1979. The 
required off-street parking is currently provided within the garage; however, the owner of the home 
wishes to convert the attached garage to additional livable area. The proposed modifications to the 
home have been reviewed and approved under building permit BP252278. Prior to issuance of a 
Certificate of Occupancy, the owner is required to seek a Use Permit to park the required two off-street 
spaces on the existing driveway pursuant to Section 4-602 of the Tempe Zoning and Development Code 
(ZDC). 
Properties with R1-7 zoning district are constructed with garages or carports required to be outside of 
the required front yard setback and are served by driveways to connect to the right of way. The number 
of parking spaces required for single-family residential properties is determined by the number of 
bedrooms. The subject home will have five bedrooms after the renovation, which requires two off-street 
spaces. The ZDC allows required parking to be located within the front yard setback, so long as parking 
surfaces are improved and owners receive a Use Permit. 
The applicant is requesting the Development Review Commission take action on 
ZUP260001
Use Permit to allow two required parking spaces within the front yard setback
For further processing, the applicant will need to complete any remaining inspections for BP252278.
PUBLIC INPUT

Neighborhood meeting not required.

To date, staff has not received any public comment.
USE PERMIT 
The proposed design requires a Use Permit to allow two required parking spaces in the front yard 
setback within the R1-7, Single-Family Residential zoning district.

PL250445 – ATKIN RESIDENCE 
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March 24, 2026
Section 6-308(E) Approval criteria for Use Permit (in italics): 
1.
Any significant increase in vehicular or pedestrian traffic. The property is retaining its single-family 
use, has five bedrooms, has sufficient room to park two vehicles on the existing driveway, and has 
room for approximately two (2) on-street (non-required guest parking) spaces in front of the house. 
There will not be a significant increase in traffic from the proposed use.
2.
Nuisance arising from the emission of odor, dust, gas, noise, vibration, smoke, heat or glare at a 
level exceeding that of ambient conditions. The site will function with typical vehicular movements 
from a driveway and garage and is retaining its single-family use and there are no anticipated 
nuisances that may arise.
3.
Contribution to the deterioration of the neighborhood or to the downgrading of property values, 
which is in conflict with the goals, objectives or policies for rehabilitation, redevelopment or 
conservation as set forth in the city’s adopted plans or General Plan. The plans approved under 
BP252278 represents investment in the property while retaining the character of the neighborhood 
and expanding the usable livable area for the existing residential land use. Parking in the front yard 
setback does not conflict with city goals, policies, and/or objectives.
4.
Compatibility with existing surrounding structures and uses. The design approved under 
BP252278 is a modification to the interior areas of the home. The exterior garage door will be 
replaced with board and batten siding to match the existing home and add three windows facing 
the driveway. The home will retain the ability to park two cars on the existing driveway. Street view 
images show many other residential properties with vehicle parking in the driveways of their 
homes; however, staff did not find Use Permits for front yard parking on those properties or within 
600 feet of the subject site.
5.
Adequate control of disruptive behavior both inside and outside the premises which may create a 
nuisance to the surrounding area or general public. The property is registered as the primary 
residence of this Use Permit request’s applicant. The owner is responsible for managing behavior, 
however disruptive behavior is not expected as a result of parking in the front yard setback.
The manner of conduct and the building for the proposed use will not be detrimental to persons 
residing or working in the vicinity, to adjacent property, to the neighborhood, or to the public welfare in 
general, and that the use will be in full conformity to any conditions, requirements or standards 
prescribed therefore by this code. 
Based on the information provided and the above analysis, staff recommends approval of the 
requested Use Permit. This request meets the required criteria and will conform to the conditions.
USE PERMIT CONDITIONS OF APPROVAL: (Non-standard conditions are identified in bold) 
EACH NUMBERED ITEM IS A CONDITION OF APPROVAL.  THE DECISION-MAKING BODY MAY MODIFY, DELETE OR 
ADD TO THESE CONDITIONS.  
1.
The applicant shall provide one (1) 1.5” caliper shade tree to the east or west of the 
driveway to provide shade to the primary parking space prior to scheduling a final 
inspection for BP252278. Alternatively, if an engineered shade canopy is provided, an 
application for a Use Permit to allow a shade canopy in the front yard shall be obtained 
within six (6) months of the primary parking Use Permit approval. 
2.
The Use Permit is valid only after a Building Permit has been obtained, the required inspections 
have been completed and a Final Inspection has been passed. As part of the Building Permit 
process, on-site storm water retention may be required to be verified or accomplished on this Site. 
3.
The Use Permit is valid for the plans as submitted within this application. Any additions or 
modifications may be submitted for review during the building plan check process.

PL250445 – ATKIN RESIDENCE 
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March 24, 2026
4.
Parking in the front yard setback shall be located on the designated driveway only and not 
encroach in the public right-of-way. 
5.
Parking shall not exceed 35% of the property frontage; the remainder of the front yard shall be 
used for landscape and not parked upon.
CODE/ORDINANCE REQUIREMENTS: 
THE BULLETED ITEMS REFER TO EXISTING CODE OR ORDINANCES THAT PLANNING STAFF OBSERVES ARE 
PERTINENT TO THIS CASE.  THE BULLET ITEMS ARE INCLUDED TO ALERT THE DESIGN TEAM AND ASSIST IN 
OBTAINING A BUILDING PERMIT AND ARE NOT AN EXHAUSTIVE LIST.
This approval for the Use Permit review did not include a comprehensive evaluation of the site for 
code compliance; the scope of approval is for the use permit only. The property owner should be 
aware of all city codes and zoning ordinances applicable to the property including maintenance and 
conformance with the codes. Below is a partial list of references provided to advise the owner of 
pertinent code requirements; this is not an exhaustive list. 
TEMPE CITY CODE: Specific requirements of the Tempe City Code are not listed but apply to any 
application. 
ZONING AND DEVELOPMENT CODE: Specific requirements of the Zoning and Development Code 
(ZDC) are not listed as conditions of approval but apply to any application. To avoid unnecessary 
review time and reduce the potential for multiple plan check submittals, become familiar with the ZDC.
BUILDING & FIRE CODES: Any modifications to the buildings involving mechanical, electrical, 
plumbing or structural tenant improvements that would require a building permit must obtain required 
permits.
USE PERMIT:

The Use Permit approval shall be void if the use is not commenced or if an application for a 
building permit has not been submitted, whichever is applicable, within twelve (12) months after 
the Use Permit is granted or within the time stipulated by the decision-making body.

The decision-making body, upon finding that the applicant has not taken corrective actions to 
resolve issues related to the permit/approval and that a continuation of the permit/approval is not in 
the interest of the public health, safety and general welfare, can revoke the permit/approval after 
providing written notice of its intentions to the holder of the permit.

If there are any complaints arising from the Use Permit that are verified by a consensus of the 
complaining party and the City Attorney’s office, the Use Permit will be reviewed by City staff to 
determine the need for a public hearing to reevaluate the appropriateness of the Use Permit, which 
may result in revocation of the Use Permit.

Any intensification or expansion of use shall require a new Use Permit.
BASIS OF BUILDING HEIGHT: Measure height of buildings from top of curb at a point adjacent to the 
center of the front property line.
HISTORY & FACTS:
April 25, 1974
Tempe City Council adopted Ordinance 729, an annexation of property 
containing the subject site.
July 21, 1978 
The subdivision plat for Pepperwood, Unit 6 was signed and recorded with the 
Maricopa County Recorder’s Office, creating the subject site.

PL250445 – ATKIN RESIDENCE 
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May 11, 1979
Certificate of Occupancy granted for the existing home on the subject site.
September 8, 2017
The current owners purchased the property.
October 30, 2025
Building Permit BP252278 was applied for, proposing to change the garage to 
livable area.
December 12, 2025
This Use Permit request PL250445 was applied for, requesting to allow two 
required parking spaces within the front yard setback on the existing driveway.
March 24, 2026
Development Review Commission is scheduled to hear this Use Permit request. 
ZONING AND DEVELOPMENT CODE REFERENCE: 
Section 3-102, Permitted Uses in Residential Districts
Section 4-202, Development Standards for Residential Districts
Section 6-308, Use Permit