DRC_STAFF REPORT_WILSON SCHLEMMER_042826.DOCX

PL250368 – WILSON-SCHLEMMER RESIDENCE 
Page 1
April 28, 2026
STAFF REPORT
WILSON-SCHLEMMER RESIDENCE (PL250368)
PROJECT DATA: 
Project Address
519 West 14th Street 
Property Owner(s) Current / 
Future
Wilson-Schlemmer Living Trust
Applicant
Patricia Wilson 
Zoning District 
(current/proposed)
R1-6, Single-Family Residential 
Total Detached Structure 
Area
140 square feet 
Detached Structure 
Setbacks
 14’ west side, 21’9’’ front  
Vehicle Parking
1 required space required/1 space provided
COMMENTS:
This site is Lot 47 of the Campus Homes subdivision, in the Downtown Tempe / Rio Salado /ASU/ NW 
Neighborhood Character Area, positioned on the south side of 14th Street, just west of Hardy Drive, 
within the interior of the neighborhood. The subject property is zoned R1-6, Single-Family Residential 
zoning district and is a three bedroom, two-bathroom home, originally constructed with a single-car 
carport in 1953. The carport was converted to additional living space, only one (1) vehicle parking space 
is required per the code at the time of approval. The proposal is to allow a detached engineered shade 
structure 9 feet,10 inches and 140 square feet in area in the front yard setback over the required 
driveway. The structure has been built to provide shade to the one required parking space located in 
the front yard setback.
The detached engineered shade structure consists of a freestanding, powder-coated steel frame with 
a solid, engineered roof assembly. The roof is made of galvanized steel panels and the structure is 
held together by bolted steel joints. The structure measures approximately 14 feet in length and 10 
feet in width, with an overall height of 9 feet, 10 inches at the roof peak. It is supported by four 
engineered steel posts, each approximately 5½ inches by 5½ inches in dimension. The shade 
structure is not permanently anchored to the ground; however, the prefabricated steel frame and roof 
assembly provide sufficient weight and rigidity for the unit to remain stable in place under typical 
conditions. 
The plan provided reflects the detached engineered shade structure’s front posts are located 21 feet 
from the front property line and the side support posts are located 14 feet from the side (west) property 
line. The shade structure meets the required setbacks for a detached engineered shade structure per 
section 3-401.C.2.c of the Tempe Zoning and Development Code. 
According to the applicant, the detached engineered shade structure was constructed ten years ago. 
On August 23, 2024, the owner received a notice of correction from the Code Compliance Division. 
Following issuance of the notice, the owner submitted two separate building permit applications to 
address the violation. According to discussions with the applicant, she was initially directed to obtain a 
building permit and applied; however, she was later advised to proceed through the Planning Division 
for zoning review and subsequently filed a planning application in October 2025. City records indicate 
that the initial planning submittal was incomplete and the required information was not provided until

PL250368 – WILSON-SCHLEMMER RESIDENCE 
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April 28, 2026
March 2026. During this period, the second building permit application underwent initial review but 
subsequently expired due to inactivity. Upon approval of the current planning request, the applicant 
will be required to submit a new building permit application to bring the structure into compliance and 
resolve the outstanding correction notice.
Existing uses on the site include: a single-family residence.
The applicant is requesting the Development Review Commission take action on 
ZUP260027
Use Permit to allow a detached engineered shade structure in the front yard. 
For further processing, the applicant will need approval of a building permit. 
PUBLIC INPUT

Neighborhood meeting was not required

To date, staff have not received any public comment. 
USE PERMIT 
The proposed use requires a Use Permit to allow a detached engineered shade structure within the 
R1-6 zoning. The Use Permit allows detached engineered shade structures in the front yard limited to 
the area over the required driveway
Section 6-308 E Approval criteria for Use Permit (in italics): 
1.
Any significant increase in vehicular or pedestrian traffic. The site is required to have one parking 
space. No additions are being proposed, therefore, no additional parking space is required. No 
increase in vehicular and pedestrian traffic is expected as the detached engineered shade 
structure serves the purpose of providing shade to resident’s vehicle.
2.
Nuisance arising from the emission of odor, dust, gas, noise, vibration, smoke, heat or glare at a 
level exceeding that of ambient conditions. Allowing the detached engineered shade structure on 
the property will reduce heat level over the driveway and will not cause any abovementioned 
nuisances.
3.
Contribution to the deterioration of the neighborhood or to the downgrading of property values, the 
proposed use is not 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 shade structure does 
not conflict with city adopted plans, complies with Ordinance No. O2024.57 for engineered shade 
structures and is not expected to downgrade property values. The shade structure helps facilitate 
city objectives to increase shade.
4.
Compatibility with existing surrounding structures and uses. There are residences within 800 feet 
of the Wilson-Schlemmer residence with existing shade structures, four of which are approved 
Variances and/or Use Permits.
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 intended use is to provide shade for 
human comfort and not expected to create disruptive behavior.
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

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April 28, 2026
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 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. 
2.
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.
3.
Parking in the front yard setback shall be located on the designated driveway only and not 
encroach in the public right-of-way. 
4.
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.
ENGINEERING CODES: Any site modifications affecting utilities, retention or engineering code 
requirements 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.

Section 6-902.B. 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

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April 28, 2026
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.
HISTORY & FACTS:
February 11, 1954 
The property annexed into the City of Tempe 
1953
Single-Family Residence was constructed.
October 6, 1986
Building Permit was issued to enclose the carport for livable space.
October 1, 1990 
The Code Compliance Division issued a notice to comply for a carport without 
permits 
 
February 12, 1991
The correction was abated and the carport structure was removed.
2016
A new shade canopy was added to the driveway.
August 23, 2024
The Code Compliance Division issued a correction notice to remove the 
detached accessory structure (CE245609).
April 28, 2026 
The Development Review Commission is scheduled to hear the request for a 
Use Permit to allow a detached engineered shade structure in the front yard of a 
R1-6 single-family residence. 
ZONING AND DEVELOPMENT CODE REFERENCE: 
Section 3-401, Accessory Buildings, Uses and Structures
Section 6-308, Use Permit