BOARD_OF_ADJUSTMENT_REGULAR_MEETING_1812_MINUTES_PACKET_1_28_2026_6_00_00_PM.PDF

Minutes of the Regular Meeting of the Board of Adjustment, of the City of Tempe, which was held in Council Chambers 
31 East Fifth Street, Tempe, Arizona 
 
Present: 
        Staff: 
Chair Kevin Morrow 
Jeff Tamulevich, Community Development Director 
Vice Chair Mary Foy 
Ryan Levesque, Comm Dev Deputy Director 
Board Member Andrea Somishka 
Diana Kaminski, Comm Dev Principal Planner 
Board Member Sean McCarley 
Robert Mansolillo, Comm Dev Senior Planner 
Board Member Katie Cross 
Jennifer Daniels, Comm Dev Administrative Assistant 
Board Member Richard Dalton 
Eddie Garcia, Media 
Board Member Brett Siegal 
 
 
 
Absent: Board Member Lily Drosos 
 
 
 
1) CALL TO ORDER: Hearing convened at 6:00 p.m. and was called to order by Chair Morrow. 
 
2) ELECTION OF OFFICERS:  
 
Motion by Board Member Cross to elect Sean McCarley as Vice Chair; second by Board Member 
Dalton.  
Ayes: Chair Morrow, Vice Chair Foy, Board Members Somishka, McCarley, Cross, Dalton and Siegal 
Nays: None 
Abstain: None 
Absent: None  
       Vote: Motion passes 7-0 
 
Motion by Board Member Somishka to elect Mary Foy as Chair; second by Board Member Dalton.  
Ayes: Chair Morrow, Vice Chair Foy, Board Members Somishka, McCarley, Cross, Dalton and Siegal 
Nays: None 
Abstain: None 
Absent: None  
       Vote: Motion passes 7-0 
 
 
3) CONSIDERATION OF MEETING MINUTES  
 
2A) Board of Adjustment – 12/17/25 Study Session 
2B) Board of Adjustment – 12/17/25 Regular Meeting  
Minutes of the 
Board of Adjustment  
REGULAR MEETING 
January 28, 2026

BOARD OF ADJUSTMENT MINUTES 
January 28, 2026 
 
2 
 
 
Motion by Board Member McCarley to approve Meeting Minutes from Study Session and Regular 
Meeting from December 17, 2025; second by Board Member Somishka.  
Ayes: Chair Morrow, Vice Chair Foy, Board Members Somishka, McCarley and Cross  
Nays: None 
Abstain: Board Members Dalton and Siegal  
Absent: None  
       Vote: Motion passes 5-0 
 
 
4) VARIANCE REQUEST: 
 
4A) Request a Variance to allow a reduction of the side yard setback from 5 feet to 2 feet for a 
detached accessory building in the R1-6 district for WEED RESIDENCE, located at 1309 East Orange 
Street. The applicant is Kate Hartley Weed. (PL250279)  
 
APPLICANT PRESENTATION:  
Ms. Kate Hartley Weed, the homeowner, gave a presentation. Ms. Weed is requesting a variance for the east side 
yard setback from five feet to two feet for an existing detached garage that was built prior to purchasing the home in 
December of 2013. The seller and realtor of the property filled out the MLS listing and seller disclosure statement 
declaring that no building permits were needed for work done on site and that work was done by a licensed 
contractor. Detached garages are common in the neighborhood, and this one matches the scale of others in the 
area. The structure is shown in aerials from 2000, the applicant bought the property in 2013 as an existing condition. 
The applicant provided a written statement of support from the adjacent property owner. Ms. Hartley showed a slide 
of other variances for similar structures in the area; this is not a special privilege because others enjoy similar 
reductions for the same use on other lots. 
 
STAFF PRESENTATION: 
Mr. Robert Mansolillo, Senior Planner for Community Development, gave a staff presentation for the variance request 
at 1309 East Orange Street.  
 
Chair Morrow asked, are the approvals for the similar detached structures are garages with alley access? Mr. 
Mansolillo showed a map showing where the other approved structures are located.  
 
Board Member Dalton asked, how did the applicant become aware of this? Did the city inform them? Mr. Mansolillo 
stated that he does not believe the applicant was applying for any permits. The city reached out to them with the 
existing violation.  
 
Chair Morrow stated, in the email of opposition, there were some concerns about having garage access to the 
alleyway. I then remembered this is for the side yard setback not the rear alley setback. I am assuming there are no 
problems with its potential encroachment on the alley itself. Mr. Mansolillo stated that is correct. The setback from the 
alley is taken from the mid-point of the alley. From the mid-point to the property is 10 feet. It meets the 5-foot rear 
setback.  
 
Board Member Dalton asked,you mentioned in the 600-foot radius there were several approved detached structures. 
Were there any that were denied? Mr. Mansolillo stated he did not find any that were denied.  
 
PUBLIC COMMENT: 
None  
 
APPLICANT RESPONSE: 
No further comment from the applicant.  
 
STAFF RESPONSE: 
No further comment from staff.

BOARD OF ADJUSTMENT MINUTES 
January 28, 2026 
 
3 
 
 
COMMISSION DISCUSSION: 
Board Member McCarley stated that because they bought the house without knowing the building permit was not 
pulled it is not on the current homeowner. The fact that they are trying to get it permitted is good.  
 
Board Member Dalton stated that he agrees and commends the applicant for going through the process.  
 
Vice Chair Foy stated she commends the neighbors and the applicant for their behavior and actions.  
 
Board Member Siegal stated that the one concern raised that this would set a precedent in the neighborhood, from 
my understanding was already set with previous houses that have similar attachments.  
 
Motion by Board Member Dalton to approve the variance request; second by Board Member Somishka.  
Ayes: Chair Morrow, Vice Chair Foy, Board Members Somishka, McCarley, Cross, Dalton and Siegal 
Nays: None 
Abstain: None  
Absent: None  
       Vote: Motion passes 7-0 
 
 
 
 
 
5) ABATEMENT APPEAL/ADMINISTRATIVE DECISION APPEAL – NONE 
 
 
6)    CHAIR/STAFF UPDATE(S) AND ANNOUNCEMENT(S): 
 
Chair Updates: Chair Morrow asked, has anything come from our decision in December on the ADU? Was it 
appealed? Mr. Ryan Levesque stated the appeal period just passed and no appeal was filed. We are scheduled 
to bring the item back to City Council on March 5th. The original applicant has withdrawn their use permit. They 
have since modified their plans. They built a 15-foot structure with no second story. We are taking the appeal to 
Council but we are recommending Council vacate the decision made by the DRC.  
Staff Updates: Ms. Diana Kaminski stated there will be a meeting on February 25th.  
 
 
7)   ADJOURNMENT: Hearing adjourned at 6:30 p.m. by Chair Morrow.  
 
Next meeting is scheduled for February 25, 2026 
 
 
 
Prepared by:   Jennifer Daniels, Administrative Assistant  
 
Reviewed by:  Diana Kaminski, Principal Planner