DRC_STAFF REPORT_RATZKENRESIDENCE_032426.DOCX

PL250450 – RATZKEN RESIDENCE 
Page 1
March 24, 2026
STAFF REPORT
RATZKEN RESIDENCE (PL250450)
PROJECT DATA: 
Project Address
1103 East Palmcroft Drive, Tempe AZ, 85282
Property Owners / Applicants
Michael Ratzken
Zoning District 
R1-6
Gross / Net Site Area
0.18 acres (7,985 s. f.) / 0.05 acres (2,309 s. f.)
Total Bedrooms
6 bedrooms 
Total Building Area
2090 s. f. 
Building Height(s) 
15’ (30’ maximum allowed) 
Lot Coverage
35% (45% maximum allowed) 
Building Setbacks
26’6” front, 11’8” west side, 9’3” east side, 27’5" rear (20’, 5’, 5’, 
15’ min.)
Vehicle Parking
3 spaces on existing driveway, (3 min. required)
Required Parking for Use
3 spaces (single family residence 6 or more bedrooms)
COMMENTS:
This site is Lot 281 of the Hughes Acres Unit 3 Subdivision, in the Alameda Character Area, south and 
west of Palmcroft Drive and Terrace Road. The site is registered as a rental and within the R1-6, Single-
Family Residential zoning district. The home has three bedrooms with an attached, two-car garage and 
was constructed in 1970. The required off-street parking is currently provided within the garage; 
however, the owner wishes to convert the attached garage to additional bedrooms. After renovations, 
the home will have bedrooms and three bathrooms. Removing off-street parking from the garage 
requires it be provided elsewhere on site. The modifications will require a building permit and inspections 
by city staff prior to receiving a Certificate of Occupancy. Prior to issuance of a Certificate of Occupancy, 
the owner is required to seek a Use Permit to park the required three off-street spaces on the existing 
driveway pursuant to Section 4-602 of the Tempe Zoning and Development Code (ZDC). 
Properties with R1-6 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 six bedrooms after the renovation, which requires three off-street 
spaces. The driveway has room enough for two standard parking spaces outside the required front yard 
setback, and enough for one space within the front yard setback. 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 
ZUP260004
Use Permit to allow 1 required parking space 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.

Staff received one call in opposition of the request, noting that six bedrooms at this rental 
property will generate more traffic, is not in character with the neighborhood, will most likely 
violate consanguinity rules and may become a behavior control issue as residents are seeing

PL250450 – RATZKEN RESIDENCE 
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March 24, 2026
more single-family houses convert to student housing in the area. 
USE PERMIT 
The proposed design requires a Use Permit to allow one required parking space in the front yard 
setback within the R1-6, Single-Family Residential zoning district.
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 six bedrooms, has sufficient room to park three vehicles on the existing driveway (two 
outside of the front yard setback and one within the setback) and has room for three on-street 
(non-required guest parking) spaces along Palmcroft Drive.
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 
to and from Terrace Road via an existing driveway. The home is registered as a rental. The owner 
is responsible for any nuisance which may arise from the home, but staff do not anticipate 
nuisances at this time.
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 represent an 
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 modifications to the home expand 
the livable area of the home without increasing the building envelope. The property will retain the 
ability to park two vehicles on the existing driveway, outside of the front yard setback. The scope of 
the Use Permit request is limited to parking a single car on the existing driveway which is within 
the front yard setback. Street view images show many other residential properties with vehicle 
parking in the driveways of their homes in the area; 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 owner address is in the Phoenix 
metropolitan area and the property is registered as a rental.  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 replace one (1) 1.5” caliper shade tree to the north side driveway, as 
shown below. 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.

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March 24, 2026
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.
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

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March 24, 2026
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:
May 07, 1960
Tempe City Council adopted Ordinance 729, an annexation of property 
containing the subject site.
September 30, 1963 The subdivision plat for Hughes Acres Unit 3 was signed and recorded with the 
Maricopa County Recorder’s Office, creating the subject site.
October 27, 1970
Certificate of Occupancy granted for the existing home on the subject site.
July 29, 2025
The current owner purchased the property.
December 30, 2025
This Use Permit request PL250450 was applied for, requesting to allow one 
required parking space 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