032526_BOA_REGULAR MEETING MINUTES.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 Mary Foy 
Jeff Tamulevich, Community Development Director 
Vice Chair Sean McCarley 
Ryan Levesque, Comm Dev Deputy Director 
Board Member Lily Drosos 
Diana Kaminski, Comm Dev Principal Planner 
Board Member Katie Cross 
Robert Mansolillo, Senior Planner 
Board Member Richard Dalton 
Drew Yocom, Deputy Director Code Enhancement 
Board Member Brett Siegal 
Jack Scofield Jr., Code Compliance Manager 
Board Member Andrea Somishka 
Jennifer Daniels, Administrative Assistant 
 
Jason Wolf, Media 
Absent: Board Member Kevin Morrow 
 
 
 
1) CALL TO ORDER: Hearing convened at 6:00 p.m. and was called to order by Chair Foy.  
 
 
2) CONSIDERATION OF MEETING MINUTES  
 
2A) Board of Adjustment – 02/25/26 Study Session 
2B) Board of Adjustment – 02/25/26 Regular Meeting  
 
Motion by Board Member Dalton to approve Meeting Minutes from Study Session and Regular Meeting 
from February 25, 2026; second by Vice Chair McCarley.  
Ayes: Chair Foy, Vice Chair McCarley, Board Members  Somishka, Dalton and Cross 
Nays: None 
Abstain: Board Members Drosos and Siegal  
Absent: Board Member Morrow  
       Vote: Motion passes 5-0 
 
 
3) VARIANCE REQUEST: NONE 
 
 
4) ABATEMENT APPEAL:  
 
4A) Request for an appeal of an abatement decision for the KELLEY RESIDENCE, located at 321 East 
Beatryce Street. The appellant is Keith Kelley. (PL260027)  
Minutes of the 
Board of Adjustment  
REGULAR MEETING 
March 25, 2026

BOARD OF ADJUSTMENT MINUTES 
March 25, 2026 
 
2 
 
 
APPELLANT PRESENTATION:  
Mr. Keith Kelley gave a presentation on his appeal. Mr. Kelley gave details on what led to his current situation. Mr. 
Kelley stated that he wants to continue cleaning out the backyard. The front yard is done.  
 
Chair Foy asked Mr. Kelley how much more time he needed to complete the backyard. Mr. Kelley stated 1 month.  
 
Board Member Dalton asked Mr. Kelley, when did the city first notify you that there was excessive junk in the yard? 
Mr. Kelley stated he believes it was the 1st or 2nd week of June. The people living in his backyard were not evicted 
until November 25th. Tempe PD told Mr. Kelley he was unable to remove any property from the backyard for five 
days.  
 
Chair Foy asked Mr. Kelley, when did the tenants come back to retrieve their belongings? Mr. Kelley stated February 
25th. They were evicted and came back three months later. Chair Foy asked since February 25th how much trash has 
been removed from the backyard? Mr. Kelley stated about ¾ of it. There is still quite a bit back there. Chair Foy 
asked about the car that was in the front yard. Mr. Kelley stated that it is still there he wants to get it running again.  
 
Board Member Siegal asked if the registration was renewed on the vehicle? Mr. Kelley stated no, but he did renew 
the license plate. Board Member Siegal asked Mr. Kelley if he has any photos of the progress made since November 
25th. Mr. Kelley stated he does not.  
 
Vice Chair McCarley asked after the abatement notice was issued on November 25th, whether the people were still 
living in your backyard until February of this year? Mr. Kelley stated no, they were escorted out on November 25th.  
 
Board Member Dalton stated, you mentioned that civil standby expired five days after the eviction. From that time 
until the middle of February when they came to pick up their items did you remove any of the junk? Mr. Kelley stated 
that he removed a lot of stuff.  
 
Chair Foy stated that the Board can only look at the abatement issue here tonight. My understanding is you are 
looking for 30-60 more days correct? Mr. Kelley stated that is correct.  
 
STAFF PRESENTATION: 
Mr. Robert Mansolillo, Community Development Senior Planner, gave a staff presentation on the abatement appeal. 
Mr. Mansolillo shared pictures of the front and backyard of the property from mid November 2025. On January 6, 
2026, Hearing Officer MacDonald approved the 180-day open abatement request. On January 20, 2026 the applicant 
filed an appeal of the Hearing Officer approved abatement.  
 
Mr. Drew Yocom, Deputy Director of Community Enhancement, gave a presentation on the background leading up to 
this case. Both Tempe Police Department and Code Compliance have been receiving numerous complaints not only 
for the junk, trash and debris but the people living in the backyard, the behavior and foot traffic going in and out of the 
house and alleyway both day and night.  Mr. Yocum presented photos from August 2025, November 2025, January 
26, the day of the Hearing Officer hearing, and March 2026 the day of the Board of Adjustment hearing and each 
photo showed the site getting progressively worse, without improvements. This case has been open for 10 months, 
specifically 288 days, a typical abatement case takes 30 days. That deadline ended in July 2025, an extension was 
granted and no progress in August. Mr. Kelley had been given a 55 day administrative extension before the case 
went to court in October 2025. After the court hearing Mr. Kelley said he was working on the property and needed an 
extension, we granted another extension. In November 2025 not only had the property not improved it had gotten 
worse. We explained the abatement process and how this would help him through the hurdles to get this resolved. 
This resulted in another 53 day extension of time until the abatement hearing in January 2026. At the time of the 
hearing it had been 7 months with no progress. Mr. Kelley appealed the Hearing Officer decision and asked for 
another 60 days, to the date of this hearing it has now been 63 days and we still have no progress. Mr. Kelley has 
received 258 extra days beyond the date of compliance. With regard to the statements Mr. Kelley made regarding the 
police response to the property, Mr. Kelley was provided consistent communication from code compliance staff and 
Tempe Police Department and the courts and the Care 7 team throughout the process that this is not a trespass 
issue. Mr. Yocom stated that this was an eviction issue not a trespassing issue. The Tempe Police Department do 
not oversee evictions. This is not a trespassing issue because Mr. Kelley invited these individuals to live on his

BOARD OF ADJUSTMENT MINUTES 
March 25, 2026 
 
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property, they used his property as their mailing address, money and services were given in exchange for residency 
and they were allowed access to the laundry and showers, therefore this is not a trespass issue, it is an eviction 
issue and no eviction process was initiated by Mr. Kelley. The Tempe PD recommended an order of protection. Mr. 
Kelley  filed the order of protection in November. Once that was done the Tempe PD served the order and the 
individuals were removed. The abatement process is used to encourage and assist people to come into compliance. 
Mr. Kelley asked for another 30 days, Mr. Yocum explained the process moving forward. 
 
Vice Chair McCarley asked how does the process work on paying for the abatement? Mr. Yocom stated once the 
abatement is concluded, a city approved contractor goes to the property to remedy the situation. We will then give 
the invoice to the property owner. They have a set amount of time to pay the invoice with no penalties or fees. If they 
do not pay the invoice it can go to a lien on the property which will accrue interest. They can then pay it on their own 
time.  
 
Chair Foy asked what the interest rate was? Mr. Yocom stated that he was unsure of the rate.  
 
Board Member Dalton stated that Mr. Kelley stated that he requests 30 more days. Whether we grant the appeal or 
deny the appeal he will get 30 more days. It seems this could resolve itself. Mr. Yocom stated that is correct. If you 
grant the appeal for 30 days, then we could be in the same boat and would appreciate another opportunity to work 
with Mr. Kelley to resolve this.  
 
Board Member Siegal asked to see the most recent photo taken of the property’s backyard. Mr. Yocom shared the 
photo.  
 
Board Member Cross asked, the reason the two people living in the backyard left on November 20th was not per 
eviction but for the order of protection? Mr. Yocom stated that is correct. They did contest the first order and Mr. 
Kelley did not show up to court and had to submit a 2nd time. The 2nd time they did not contest the order and left the 
property. Chair Foy asked, the order of protection is for two years, is that correct? Mr. Yocom stated that is correct.  
 
PUBLIC COMMENT: 
None. 
 
APPELANT RESPONSE:  
Mr. Kelley stated that Tempe PD did not suggest the order of protection, I went through the county. If you read 
Arizona revised statute 33-1378 was the situation I was in, but Tempe PD did not want to get involved. Mr. Kelley 
gave details on the background of the people who were living in his backyard.  
 
Board Member Siegal asked Mr. Kelley what was going on from the time they were evicted from the property to the 
Hearing Officer meeting? Why wasn’t any progress made? Mr. Kelley stated a lot of progress was made. The people 
were bringing so much stuff into the backyard.  
 
Chari Foy stated that the Board saw pictures from January 6th, and the people had not been there since November 
25th and there was just as much junk in the picture as there was in the picture from November. Once they removed 
their stuff on February 25th, there doesn’t seem to be a huge difference in the pictures. Can you explain what you did 
during that time, as far as removing items from the yard? Mr. Kelley stated that he got rid of a lot of stuff. I cleaned 
the front yard. In the pictures you do not see the east side of the house that had junk all the way up and down. Chair 
Foy asked if 30 days was enough to complete the process. Mr. Kelley stated he will give it his best.  
 
Board Member Dalton asked where the items of no value are going? Mr. Kelley stated that he rented a dumpster. 
One was removed this morning and was half full. I have rented a dumpster four times since November.

BOARD OF ADJUSTMENT MINUTES 
March 25, 2026 
 
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Vice Chair McCarley stated that he agrees with the city, that this is a good way to get the backyard cleaned up 
because it is a nuisance to residents that have complained about it. I recommend getting it cleaned up with a 
dumpster. Possibly having friends help. I think the abatement needs to happen for the residents in the neighborhood.  
 
Board Member Dalton asked if Mr. Kelley received any notices in writing from the police that specifically said you 
cannot remove property belonging to your tenants?  Mr. Kelley stated no, that it was all communicated verbally.  
 
STAFF RESPONSE:  
None.  
 
COMMISSION DISCUSSION: 
Board Member Dalton stated that the Board’s focus is exclusively the abatement. Any of the circumstances behind it 
are not relevant. Chair Foy stated that is correct. The question is do we grant the appeal or deny the appeal. Board 
Member Drosos stated either way, if we grant or deny the appeal he will have 30 days. I think denying the appeal will 
give us the guarantee that this is going to get cleaned up and no longer be an issue for the neighborhood. Chair Foy 
stated that she agrees. Board Member Dalton stated he agrees. Board Member Siegal stated he agrees. It is an 
unfortunate circumstance but given the amount of time he has had since they were evicted from the property, I think 
he has had a sufficient amount of time to get the problem resolved. Denying the appeal guarantees it is taken care of. 
Board Member Somishka stated that she agrees.  
 
Motion by Board Member Drosos to deny the appeal: second by Board Member Dalton.  
Ayes: Chair Foy, Vice Chair McCarley, Board Members Siegal, Somishka, Drosos, Dalton and Cross  
Nays: None  
Abstain: None  
Absent: Board Member Morrow  
       Vote: Motion passes 7-0 
 
 
5) ADMINISTRATIVE DECISION APPEAL: NONE 
 
 
6)    CHAIR/STAFF UPDATE(S) AND ANNOUNCEMENT(S): 
 
Chair Updates: None 
Staff Updates: None  
 
 
7)   ADJOURNMENT: Hearing adjourned at 6:48 p.m. by Chair Foy  
 
Next meeting is scheduled for April 29, 2026 
 
 
 
Prepared by:   Jennifer Daniels, Administrative Assistant  
 
Reviewed by:  Diana Kaminski, Principal Planner