BOA_STAFF REPORT_106 BROADWAY_042926.DOCX

PL250190 – 106 BROADWAY 
Page 1
April 29, 2026
STAFF REPORT
106 BROADWAY (PL250190)
Project Address
106 East Broadway Lane
Property Owner
Tonnesen Living Trust
Applicant
Bill Tonnesen
Zoning District
R-2 (Multi-Family Residential)
Net Site Area
9,453 s.f.
Vehicle Parking
1 space (1 min. required)
COMMENTS
This site is located east of the northeast corner of Encanto Drive and Broadway Lane and is in the R-2 
zoning district. It is surrounded by single-family land uses to the north, west, and east, and multi-family 
and commercial uses to the south (across Broadway Road).
The applicant is requesting that the Board of Adjustment take action on the following:
VAR250007
Variance to increase the maximum wall height within the required front yard building 
setback from four (4) feet to seven (7) feet in the R-2 zoning district
The site plan does not identify the driving surface between the concrete pad south of the gate and the 
existing covered parking space on the east side of the house. Images of the property show rock just 
north of the concrete pad, so staff requested that the applicant submit photos of the driveway to 
confirm that the surface is accessible by passenger vehicle. The applicant submitted photos, and staff 
has determined the surface to be drivable.  As long as the rocks are maintained to a level even with 
the concrete pad to the north and south, the surface is acceptable.
The recommendation of approval includes two unique conditions:
a.
That a window be provided in the pedestrian gate to allow viewing of the street from the 
property. As it exists, a pedestrian on the property is unable to see what may be occurring on 
Broadway Lane before opening a gate. Allowing visual surveillance of the street will increase 
pedestrian safety.
b.
That the applicant submit a revised wall section with the height of the wall dimensioned from 
the top of the footing. This will be used to determine whether a building permit is required. 
Unlike the Building Code, the Zoning and Development Code determines wall height as the 
measurement from the highest adjacent finished surface within twenty (20) feet of a wall. 
Therefore, the elevations and sections show the height measured, from the highest surface, 
which is the sidewalk. Since this cannot be used to determine if a building permit is required, a 
section with the wall height measured from the footing is needed. 
PUBLIC INPUT

Neighborhood meeting required

Neighborhood meeting held February 11, 2026 at the subject property 

See attached summary of meeting provided by the applicant

PL250190 – 106 BROADWAY 
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April 29, 2026

Community Development staff attended the meeting

Approximately eight (8) members of the public attended the meeting. All expressed support for 
the request.
  
VARIANCE
The applicant requests a variance to increase the maximum wall height within the required front yard 
building setback from four (4) feet to seven (7) feet. The applicant’s wall elevation and detail depict a 
6’-11” corrugated steel wall, which was constructed by the applicant in 2018 to alleviate the noise 
caused by vehicle traffic on Broadway Road, which is directly south of Broadway Lane. 
Beginning in 2015, the City of Tempe made improvements to Broadway Road that included widening 
of the road and construction of a noise mitigation wall that is approximately 9’-4” high, measured from 
the Broadway Road pavement. To maintain sight visibility at the intersection of Encanto Drive and 
Broadway Road, the wall ends approximately 300 feet east of Encanto, allowing drivers approaching 
Broadway to see westbound traffic before entering the intersection. The ending point of the wall results 
in the first four (4) properties east of Encanto with no noise wall south of them. See the image below 
for reference.
Two other properties that front Broadway Road have received variances to allow overheight walls:

322 East Broadway Lane – increase the fence height from three (3) feet to six (6) feet in the 
front yard setback in 1974.

114 East Broadway Road - increase the maximum wall height in the front yard setback from 
four (4) feet to six (6) feet for a masonry wall in 1991.
Section 6-309 D. Variance Approval Criteria (in italics):

PL250190 – 106 BROADWAY 
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April 29, 2026
1.
That special circumstances are applicable to the property, including its size, shape, topography, 
location, or surroundings; the location and surroundings of this property are special circumstances. 
The site fronts Broadway Lane, which is directly adjacent to Broadway Road, an arterial street. While 
not unheard of, it is not common for single-family uses to front arterial roadways due to high traffic 
volumes causing noise and safety concerns.
The most recent traffic count along Broadway Road occurred on April 23, 2022 and identified a 
total volume (east- and westbound traffic combined) of 25,267 vehicle trips between Mill Avenue 
and Rural Road. While attending the neighborhood meeting, which was held in front of the 
property, Planning staff had a difficult time holding a conversation with meeting attendees due to 
the noise from passing vehicles. With a posted speed limit of 40 miles per hour, this high number 
of vehicles generates a significant amount of constant noise.
2.
The strict application of this Code will deprive such property of privileges enjoyed by other property 
of the same classification in the same zoning district; strict application of the code would deprive the 
property of reasonable noise and safety levels that are enjoyed by other properties in the immediate 
vicinity. Due to the sight visibility constraints, the wall constructed by the City of Tempe could not be 
extended farther west to screen Broadway Road from this property, resulting in the applicant’s desire 
to let the wall that was constructed on their own property remain.
3.
The adjustment authorized shall not constitute a grant of special privileges inconsistent with the 
limitations upon other properties in the vicinity and zone in which such property is located; approval 
of the variance will not grant a special privilege to this site and would allow the wall, which is similar 
to the wall that exists to the east, to remain.
4.
A variance may not be granted if the special circumstances applicable to the property are self-
imposed by the property owner.  The special circumstances, including the location and surroundings 
of the property, are not self-imposed by the property owner.
REASONS FOR APPROVAL:
Based on the information provided by the applicant, the public input received, and the above analysis 
staff recommends approval of the requested Variance. This request meets the required criteria and will 
conform to the conditions.
SHOULD AN AFFIRMATIVE ACTION BE TAKEN ON THIS REQUEST, THE FOLLOWING 
NUMBERED CONDITIONS OF APPROVAL SHALL APPLY, BUT MAY BE AMENDED BY THE 
DECISION-MAKING BODY.  
CONDITIONS OF APPROVAL:
1.
This Variance is valid for the site plan received December 31, 2025 (dated December 28, 2025) 
and wall elevation and section submitted February 11, 2026 and is not applicable to any future 
modifications of the subject site. Minor modifications may be made if required to obtain a building 
permit.
2.
A 12” by 12” window shall be provided in the pedestrian gate. The window shall be located with the 
lowest edge not less than forty-three (43) inches and the highest edge not more than sixty-six (66) 
inches from the bottom edge of the gate. 
3.
To determine if a Building Permit is required, the applicant shall submit a revised wall section to 
the Community Development Department Planning Division within thirty (30) calendar days of this 
approval that shows the height of the wall dimensioned from the top of the footing, and:

PL250190 – 106 BROADWAY 
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April 29, 2026
a.
If a Building Permit is required, it shall be applied for within twelve (12) months after the 
approval is granted. The Variance is valid only after the 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.
b.
If a Building Permit is not required, upon completion of required modifications to the gate to 
satisfy condition of approval 2 above, contact 480-350-8072 for a Planning inspection to 
determine compliance with this approval. When in the Interactive Voice Response (IVR) 
automated system, select the following:
Option 1 to schedule an inspection
Option 6 to select a Planning inspection
Enter the PL number followed by #
Option 699 for a Planning Final.
Schedule the Planning inspection within one year of the date of this approval (April 29, 2027), 
or this Variance approval shall be void.
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.
Review of this Variance did not include a comprehensive evaluation of the site for code compliance; 
the scope of approval is for the wall in the front yard 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. 
DEADLINE: Approval shall be void if the development is not commenced or if an application for a 
building permit has not been submitted, whichever is applicable, within twelve (12) months after the 
approval is granted or within the time stipulated by the decision-making body. The period of approval 
is extended upon the time review limitations set forth for building permit applications, pursuant to 
Tempe Building Safety Administrative Code, Section 8-104.15. An expiration of the building permit 
application will result in expiration of the development plan.
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.
HISTORY & FACTS:
July 14, 1949
City council approved the subdivision plat for University Estates. This site is Lot 
21 of the subdivision.
August 1961
Permit issued and inspection completed for a sewer connection.

PL250190 – 106 BROADWAY 
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April 29, 2026
1974
Board of Adjustment approved a variance to increase the fence height from 3’ to 
6’ in the front yard setback for Ernest Nickels, located at 322 East Broadway 
Lane.
April 24, 1991
Board of Adjustment approved a variance to increase the maximum wall height 
in the front yard setback from 4’ to 6’ for a masonry wall for D’Ambrosi 
Residence (BA910034), located at 114 East Broadway Road.
2015-2016
City of Tempe completed roadway improvements along Broadway Road, 
including the installation of a bicycle lane and a noise mitigation wall on the 
north side of the road. This wall did not extend in front of the subject site.
2018
Existing corrugated steel wall was constructed on the property.
February 11, 2026
The applicant held a neighborhood meeting for this Variance request.
ZONING AND DEVELOPMENT CODE REFERENCE:
Section 6-309 Variances