APPELLANT LETTER.PDF

City of Tempe — Regular City Council Meeting (2026-03-26)

Extracted text (via ocr_local) 10504 characters

Appeal Statement — Use Permit Approval

Proposed Massage Establishment “Massage Aces” - (PL250382, Applicant Yinyu Shi)
Hearing Date: December 9, 2025
Appeal Statement Author: Matt S. Smith

lam submitting this appeal of the Development Review Commission's approval of a Use Permit
for a Massage Establishment approved on December 9, 2025. | am a nearby resident and am
directly affected by the proposed use. | respectfully request that the Tempe City Council overturn
or remand the approval because the required Use Permit approval criteria were not adequately
met.

1. Failure to Meet Criterion (c): Contribution to Deterioration of the
Neighborhood

The approval fails to adequately consider the cumulative impact of additional massage
establishments within this immediate area. There is already an existing massage establishment
operating on the north side of Warner Road near the proposed site. That business began with
limited operations and has since expanded its hours, now operating later into the evening.

The approval of an additional massage establishment — or a potential relocation into a larger
space — intensifies the concentration of similar uses in close proximity. This raises legitimate
concerns regarding neighborhood character, perception of safety, and long-term impacts on
surrounding property values. These concerns are supported by a petition signed by more than

who oppose the addition or expansion of massage establishments in this
area. The volume of neighborhood opposition demonstrates that the approval conflicts with the
City’s goals of maintaining neighborhood stability and character.

2. Failure to Meet Criterion (d): Compatibility with Surrounding Uses

The proposed use is not compatible with the surrounding area when considered in context. The
presence of an existing massage establishment nearby, combined with the approval of this new
location, creates an over-concentration of similar uses that is inconsistent with the character of
the area.

Additionally, the proposed space is larger than the existing establishment, which may
reasonably result in increased activity, longer hours of operation, and greater impacts on
surrounding properties. The approval does not sufficiently address how this use will remain
compatible with neighboring residential and commercial properties, particularly during late-night
hours.

3. Failure to Meet Criterion (e): Adequate Control of Disruptive Behavior

The approval lacks sufficient conditions to ensure adequate control of disruptive behavior both
inside and outside the premises. The existing massage establishment in the area has expanded
its hours over time, increasing late-night activity. The approval of another massage
establishment without clearly defined operational limits, hours, or mitigation measures increases
the likelihood of loitering, noise, and other disturbances that may create a nuisance to nearby
residents.

Without enforceable conditions addressing hours of operation and operational impacts, the Use
Permit does not meet the requirement for adequate control of disruptive behavior.

Conclusion

For the reasons stated above, the Development Review Commission’s decision does not satisfy
the Use Permit approval criteria, specifically criteria (c), (d), and (e). | respectfully request that
the Tempe City Council overturn the approval or remand the decision for further consideration
with appropriate conditions to protect neighborhood character and compatibility.

On the following pages, you can see 55+ neighbors from the neighborhoods near McClintock
and Warner:

1. Los Tesoros

2. Warner Estates
3. Alta Mira

4. Estate La Colina
5. Corona Del Sol

6. Carver Terrace

7. Alta Mirada

8. Warner Ranch

9. Circle G Ranches
10. Camelot Village

Thank you for your consideration.

Best,

Y QE

Matt S. Smith, MBA
9301 S. Alder Dr.
Tempe, AZ 85284

Timestamp

12/8/2025 8:13:59

12/8/2025 9:01:18
12/8/2025 12:28:30
12/8/2025 15:07:11
12/8/2025 15:09:39
12/8/2025 15:10:38
12/8/2025 15:24:09
12/8/2025 15:29:50
12/8/2025 15:32:45
12/8/2025 15:33:38
12/8/2025 15:34:38
12/8/2025 15:35:10
12/8/2025 15:35:44
12/8/2025 15:36:13
12/8/2025 15:36:18
12/8/2025 15:38:36
12/8/2025 15:40:08
12/8/2025 15:40:29
12/8/2025 15:44:27
12/8/2025 15:50:21
12/8/2025 15:51:29
12/8/2025 15:51:53
12/8/2025 15:52:44
12/8/2025 15:58:17
12/8/2025 16:08:01
12/8/2025 16:12:54
12/8/2025 16:14:32
12/8/2025 16:15:07
12/8/2025 16:37:48
12/8/2025 16:56:22
12/8/2025 17:10:35
12/8/2025 17:34:12
12/8/2025 18:11:55
12/8/2025 18:12:45
12/8/2025 18:18:06
12/8/2025 18:36:33
12/8/2025 18:39:25
12/8/2025 18:45:34
12/8/2025 18:48:49
12/8/2025 19:06:32

12/8/2025 19:29:24

ir Name
Cynthia Petera
Marguerite Cooper
Marc Shlossman
Hailey Albach
Candyce Smith
Sherry Petta

Kyle Albach

Laura Hudson
Lauren Davis
Catherine Norwood
Linda Crook
Russell Courtney
John Barton
Shannon Parys
Kimberlee Marlow
Terry and Susan Solomo!
Sandra Wolfe
Barbara Hanigsberg
Julie Truelick
Mary Busch

Alika Victor
Gwendolyn Elizabeth Her
Robert Busch
Janet Osgood
KelliR

Sharla Lill

BryanL

Sue Ann Ellis
Marcia Middents
Stacy Noble
Margaret H Reese
JoAnne Klein

Shawna Bonner
Lisa Organ

Jamie Peckens
Ernie Henes

Kevin Sweeney
Regina Fortune

Mina Hignutt

you want a Massage Parlor i

rt neighborhood?

No - I do not want a massage parlor. South Tempe is Family Friendly!
No - I do not want a massage parlor. South Tempe is Family Friendly!
No - I do not want a massage parlor. South Tempe is Family Friendly!
No -I do not want a massage parlor. South Tempe is Family Friendly!
No -I do not want a massage parlor. South Tempe is Family Friendly!
No -I do not want a massage parlor. South Tempe is Family Friendly!
No -I do not want a massage parlor. South Tempe is Family Friendly!
No -I do not want a massage parlor. South Tempe is Family Friendly!
No -I do not want a massage parlor. South Tempe is Family Friendly!
No - I do not want a massage parlor. South Tempe is Family Friendly!
No -I do not want a massage parlor. South Tempe is Family Friendly!
No - I do not want a massage parlor. South Tempe is Family Friendly!
No -I do not want a massage parlor. South Tempe is Family Friendly!
No -I do not want a massage parlor. South Tempe is Family Friendly!
No -I do not want a massage parlor. South Tempe is Family Friendly!
No - I do not want a massage parlor. South Tempe is Family Friendly!
No - I do not want a massage parlor. South Tempe is Family Friendly!
No - I do not want a massage parlor. South Tempe is Family Friendly!
No - I do not want a massage parlor. South Tempe is Family Friendly!
No - I do not want a massage parlor. South Tempe is Family Friendly!
No - I do not want a massage parlor. South Tempe is Family Friendly!
No - I do not want a massage parlor. South Tempe is Family Friendly!
No - I do not want a massage parlor. South Tempe is Family Friendly!
No -I do not want a massage parlor. South Tempe is Family Friendly!
No - I do not want a massage parlor. South Tempe is Family Friendly!
No - I do not want a massage parlor. South Tempe is Family Friendly!
No - I do not want a massage parlor. South Tempe is Family Friendly!
No - I do not want a massage parlor. South Tempe is Family Friendly!
No - | do not want a massage parlor. South Tempe is Family Friendly!
No -1 do not want a massage parlor. South Tempe is Family Friendly!
No - I do not want a massage parlor. South Tempe is Family Friendly!
No - | do not want a massage parlor. South Tempe is Family Friendly!
No - I do not want a massage parlor. South Tempe is Family Friendly!
No - | do not want a massage parlor. South Tempe is Family Friendly!
No -1 do not want a massage parlor. South Tempe is Family Friendly!
No - | do not want a massage parlor. South Tempe is Family Friendly!
No -I do not want a massage parlor. South Tempe is Family Friendly!
No - | do not want a massage parlor. South Tempe is Family Friendly!
No -I do not want a massage parlor. South Tempe is Family Friendly!
No -I do not want a massage parlor. South Tempe is Family Friendly!

No -| do not want a massage parlor. South Tempe is Family Friendly!

Your Neighborhood
Los Tesoros

Los Tesoros

Los Tesoros
elliot and mcclintock
Warner Estates
Alta Mira

Corona Del Sol
RainTree
Sunburst Farms
Carver Terrace
Corona Del Sol
Estate La Colina
Estate La Colina
BUENA VISTA RANCHOS
Circle G Ranches
Alta Mira

Alta Mira

Corona Del Sol
Alta Mira

Estate La Colina
Alta Mira

Carver Terrace
Alta Mirada
Corona Del Sol
Alta Mira

Alta Mira

Warner Ranch
Warner Estates
Circle G Ranches
Circle G Ranches
Alta Mira

Corona Del Sol
Alta Mira

Corona Del Sol
Estate La Colina
Estate La Colina

Alta Mira

Timestamp
12/8/2025 19:30:03
12/8/2025 19:52:58
12/8/2025 20:03:52
12/8/2025 21:19:05
12/9/2025 6:25:01
12/9/2025 6:26:52
12/9/2025 7:37:06
12/9/2025 7:38:08
12/9/2025 7:45:16
12/9/2025 9:00:41
12/9/2025 9:23:07
12/9/2025 9:41:15
12/9/2025 10:41:57
12/9/2025 13:20:33

12/9/2025 13:28:38

ir Name
Beau Hignutt
Michael Klein
Gina DalBo
Vikram Shah
Michael Tucker
Starla Robinson
LAUREEN Heffernan
Eric Henes
Gary Busenkell
Darlene Cull
Ken Refner
Janet H.
Marilyn Fairley
Dorothy Wright

Mike Leppert

you want a Massage Parlor i

rt neighborhood?

No - I do not want a massage parlor. South Tempe is Family Friendly!

Your Neighborhood
Alta Mira

Warner Estates
Carver Terrace
Corona Del Sol
Alta Mira

Parkside Manor (TUSD)
Alta Mira

Warner Ranch
Circle G Ranches
Corona Del Sol
Circle G Ranches
Warner Ranch
Estate La Colina
Warner Ranch

Camelot village