DRC_STAFF REPORT_PL260107_CASPER SHOP_060926.DOCX

PL260107 – CASPER RESIDENCE SHOP 
Page 1
June 9, 2026
STAFF REPORT
CASPER RESIDENCE SHOP (PL260107)
PROJECT DATA: 
Project Address
1038 East Buena Vista Drive
Property Owners
John and Diane Casper 
Applicant
RG Pro Builders, Jeremy Magoon
Zoning District 
AG (agricultural) 
Gross Site Area
32,417 s.f. (0.74 acres)
Density
1 du/ac (1 du/ac maximum allowed)
Residence Building Area
2,741 s.f. 
Shop Building Area
1,430 s.f.
Building Height(s) 
14’ (30’ maximum allowed)
Site Parking
6 off-street spaces (2 required)
Lot Coverage
12.8% (25% maximum allowed)
Shop Building Setbacks 
16’3” side yard, west (20’ min)
28’ rear yard, north (35’ min)
COMMENTS:
This site is located generally south and east of the intersection at East Carver Road and South Rural 
Road. The property is lot 77 of 151 within the Buena Vista Ranchos subdivision. It is within Character 
Area 8, Corona/South Tempe and is zoned Agricultural (AG), a single-family zoning district. The site 
has an existing home, constructed in 1976, with five bedrooms, a pool, and an attached garage 
providing the required off-street parking. The owners wish to construct a 1,430 square foot detached 
accessory building (shop). The shop will tie into the existing septic and electrical system provided to 
the home. Inside, the shop will have a storage room, office, bathroom, and shop area with a concrete 
floor. The shop has received an issued building permit from Tempe Building Safety but requires two 
Use Permit Standards for the proposed location.
For other residential zoning districts, accessory structures are required to meet setbacks to rear and 
side property lines in relation to the structure’s height; however, properties within the AG zoning district 
require accessory structures meet the development standards applicable to the primary residence. The 
required rear and side yard setbacks are 35 feet and 20 feet, respectively. Use Permit Standards allow 
an applicant to request reductions to required setbacks by percentages specified in Sections 4-202, 
subject to the provisions found in Section 6-308. The applicant has requested, on the owners’ behalf, a 
reduction of two standards by the 20 percent specified within Section 4-202, resulting setbacks of 28 
feet and 16 feet accordingly. 
The applicant received a building permit (BP251353) for the shop from Tempe Building Safey prior to 
the application of the Use Permit Standards. The original location met the setbacks required by section 
4-202 and would not require approval of Use Permit Standards; however, after review by Maricopa 
County Environmental Services (MCES), the original shop location was found to conflict with the existing 
septic system. The applicant has proposed a new shop location to both Tempe Building Safety and 
MCES; however, updating the building permit requires approval of two Use Permit Standards to reduce 
the required yard setbacks. If the approved by the Development Review Commission, the new shop will 
be located 28 feet from the rear property line, and 16 feet from the west side property line. 
Existing entitlements for this property that will remain in effect are:

PL260107 – CASPER RESIDENCE SHOP 
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June 9, 2026
BA76-6.2     Variance to a allow a crushed granite driveway instead of the driveway required per City 
Code.
Existing uses on the site include an existing residence.
The applicant is requesting the Development Review Commission take action on: 
ZUP260038    Use Permit Standard to reduce the rear yard setback from 35 feet to 28 feet in the AG 
district.
ZUP260055    Use Permit Standard to reduce the side yard setback from 20 feet to 16 feet in the AG 
district.
For further processing, the applicant would be required to update the site plan of record for BP251353 
with Tempe Building Safety prior to construction.
PUBLIC INPUT

Neighborhood meeting not required.

Community Development staff has received one phone call from a resident asking for 
clarification. 
PROJECT ANALYSIS
USE PERMIT STANDARD
Properties within the AG zoning district require accessory structures meet the development standards 
applicable to the primary residence. The required rear and side yard setbacks are 35 feet and 20 feet, 
respectively. Use Permit Standards allow an applicant to request reductions to required setbacks by 
percentages specified in Sections 4-202. The proposed shop requires approval of two Use Permit 
Standards for construction in a location approved by Tempe Building Safety and Maricopa County 
Environmental Services (MCES). 
The shop will not provide the site’s required two parking spaces. The site’s parking requirements are 
met by the home’s attached-two car garage, as well as an extended driveway running parallel to the 
east property line. In total, the attached garage and driveway area outside of the front yard setback 
provide enough room to park six or more vehicles – two indoor, and four or more outdoors. The shop 
will be located on the opposite site of the property and will serve the owners as a detached, private 
workshop and storage area. The shop is not proposed to serve as an Accessory Dwelling Unit (ADU).
The Buena Vista Ranchos subdivision originally developed in Maricopa County and was later annexed 
into the City of Tempe in 1972 and zoned AG (Agricultural). The Zoning and Development Code (ZDC) 
of the time required AG lots to have a minimum lot size of 1 acre; however, homes within the Buena 
Vista Ranchos development were allowed to retain their substandard size without a variance request 
during the annexation. Because of this, Tempe’s current Zoning and Development Code 
acknowledges the lots as Legal Non-Conforming. New buildings and additions are required to meet 
the current requirements; however, property owners are not required to first pursue a variance 
entitlement for the existing substandard lot conditions. 
Tempe has nine single-family zoning districts, including AG; however, AG is the only one in which 
accessory structures are required to meet the same development standards of the primary residence. 
In all other districts, accessory structures are required to be set back to rear and side property lines 
proportionally to the height of the structure. At an overall height of 14 feet tall, the proposed shop 
would meet and exceed this standard, but the application of primary residence setbacks to it and the 
location of the existing septic system on site requires the Use Permit Standards for the location to be

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June 9, 2026
zoning and MCES compliant. If approved, the enforceable development standards for the rear and 
side yard on this single site will be reduced twenty percent, as allowed in Section 4-202. 
Section 6-308 E Approval criteria for Use Permit (in italics): 
1.
Any significant increase in vehicular or pedestrian traffic. The structure requiring the Use Permit 
standards does not serve to satisfy the site’s parking requirement. Instead, the applicant’s letter 
indicates the structure will be used by homeowners, who live on site, for item storage and 
recreational projects. No additional traffic is expected to be generated from approval of this 
request.  
2.
Nuisance arising from the emission of odor, dust, gas, noise, vibration, smoke, heat or glare at a 
level exceeding that of ambient conditions. The proposed shop has rolling doors for moving 
storage and recreational items in and out of the space; however, it is also air conditioned and will 
not require doors to be open for passive cooling. The shop will primarily serve as storage and 
recreational crafting projects, neither of which are anticipated to produce nuisance above ambient 
levels. 
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 shop represents an 
investment by the property owners, who live on site. Property values are not expected to decrease 
with the addition of a new accessory building which has received a Building Permit from Tempe 
Building Safety and release of a septic clearance from Maricopa County Environmental Services.
4.
Compatibility with existing surrounding structures and uses; The accessory structure will be well 
integrated into the existing site layout, while minimally impacting adjacent property owners. An 
aerial survey of other properties in Buena Vista Ranchos reveals other homes which have 
accessory structures of similar design and size to the proposed shop.
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 proposed shop is located on private 
property and will not have an associated commercial or public facing land use. Any disruptive 
behaviors which occur are the responsibility of the owners to manage. If nuisance is created by the 
owner’s use of the building, concerned residents may report their findings to Tempe Community 
Enhancement.
Section 6-308 Additional criteria for Use Permit Standards (in italics): 
6.
The design is compatible with the architecture of the building on site and compatible with the 
surrounding neighborhood or immediate surrounding architectural character; The proposed shop is 
similar in height to the existing home and contains similar architectural features such as façade 
planes, doors with vertical windows, and covered entry areas.
7.
There are design considerations for privacy to adjacent properties and protection of existing solar 
appurtenances on adjacent lots; The original, approved location did not require approval of Use 
Permit Standards. The proposed location of the shop is on the same side of the property as 
previously approved and is within four feet and seven feet of the original side and rear yard 
setbacks respectively approved by Tempe Building Safety. 
8.
There is sufficient parking on site or on the street frontage to accommodate guests. Addition shall 
be required to meet current parking standards pursuant to section 4-603, parking ratios. In total,

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June 9, 2026
the attached garage and driveway area outside of the front yard setback provide enough room to 
park six or more vehicles – two indoor, and four or more outdoors. There is ample parking for the 
primary residents and any guests.
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 recommend approval of the 
requested Use Permit Standard. 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 Standards are valid only after a revised site plan is submitted, the Building 
Permit has been obtained, the required inspections have been completed, and a Final 
Inspection has been passed for BP251353. 
2.
The Use Permit is valid for the plans as submitted within this application subject to modifications 
for corrections to the front yard property line and setback. Any additions or modifications may be 
submitted for review during the building plan check process.
3.
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 
public hearing to reevaluate the appropriateness of the Use Permit, which may result in revocation 
of the Use Permit.
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.

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June 9, 2026
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.

Any intensification or expansion of use shall require a new Use Permit.
BASIS OF BUILDING HEIGHT: Measure height of buildings from top of curb at a point adjacent to the 
center of the front property line.
DUST CONTROL: Any operation capable of generating dust, include, but not limited to, land clearing, 
earth moving, excavating, construction, demolition and other similar operations, that disturbs 0.10 
acres (4,356 square feet) or more shall require a dust control permit from the Maricopa County Air 
Quality Department (MCAQD).  Contact MCAQD at http://www.maricopa.gov/aq/. 
HISTORY & FACTS:
February 15, 1972
The Maricopa County Board of Supervisors approved the subdivision plat for 
Buena Vista Ranchos which created the 151 lots of the neighborhood, 
containing the subject site. 
September 30, 1972 Buena Vista Ranchos was annexed into the City of Tempe under Ordinance 
677. All properties were zoned Agricultural (AG). Properties annexed with 
existing septic systems were allowed to keep them.
January 1, 1976
Tempe Building Safety issued building permit 45437 to Lacorte Brothers 
Construction Co to build the home at 1038 E Buena Vista Drive.
June 14, 1976 
Tempe Board of Adjustment approved the request for a variance (A76-6.2) to 
permit a crushed granite driveway instead of the required concrete driveway.
June 25, 2025
Tempe Building Safety received plans for the construction of a new workshop. 
September 24, 2025 Tempe Building Safety approved the plans for the construction of the new shop, 
pending approval from Maricopa County Environmental services for 
coordination of the new building in relation to the existing septic system.
March 26, 2026
Tempe Planning received plans for Use Permit Standards for the new location 
of approved accessory building or “shop” under for CASPER RESIDENCE 
SHOP (PL260107).
April 10, 2026
Maricopa County Environmental Services issued OWR2600327 approving the 
new location of the accessory building in relation to the existing septic system 
on site.
April 15, 2026
Tempe Building Safety issued BP25135 for the construction of a new workshop.

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June 9, 2026
June 9, 2026
Development Review Commission scheduled public hearing for two Use Permit 
Standards to 1) reduce the rear yard setback from 35 feet to 28 feet and 2) 
reduce the side yard setback from 20 feet to 16 feet for a new accessory 
structure in the Agricultural (AG) district (PL260107).
ZONING AND DEVELOPMENT CODE REFERENCE: 
Section 3-102, Permitted Uses in Residential Districts
Section 3-401, Accessory Buildings, Uses and Structures
Section 3-420, Single-Family Residential Second Story Addition or Rebuild
Section 3-503, Legal Non-Conforming Development
Section 3-504, Legal Non-Conforming Use
Section 4-201(A), Use Permit Standard
Section 4-202, Development Standards for Residential Districts
Section 6-308, Use Permit