DRC_STAFF REPORT_BAROSGARAGE_060926.DOCX

PL260109 – BAROS GARAGE
Page 1
June 9, 2026
STAFF REPORT
BAROS GARAGE (PL260109)
PROJECT DATA: 
Project Address
952 East Gemini Drive
Property Owner
Alexander Baros
Applicant
Southwest Building Solutions 
Zoning District 
R1-15 
Gross / Net Site Area
0.43 acres 
Total Building Area
4,726 s.f. 
Building Height 
16’ (15’ maximum allowed for accessory buildings; 15’1” to 30’ 
allowed with a Use Permit) 
Lot Coverage
22.8% (45% maximum allowed) 
Building Setbacks
67’7” west side, 30’ east side, 10’ rear (9, 9, 9’ min.)
COMMENTS:
This site is located on the north side of Gemini Drive, which is south of East Westchester Drive, north 
of East Guadalupe Road, and east of South Rural Road, within the Westchester Estates subdivision. 
The site is located within the R1-15 zoning district. The applicant, Alexander Baros, is requesting a 
Use Permit to allow a detached garage that is 16 feet in height. The Zoning and Development Code 
states that the maximum allowed height for an accessory building is 15 feet, and additional height up 
to the maximum allowed in the zoning district (30 feet) is subject to the approval of a Use Permit. 
The garage will be approximately 1,280 square feet in area, with two garage doors located on the east 
side of the building. The existing driveway will be extended northward to access the new garage. A 
weather-rusted finish will be applied to the exterior wall panels to provide architectural complementary 
of the existing home and surrounding neighborhood. 
The applicant is requesting the Development Review Commission take action on: 
ZUP260039
Use Permit to allow an accessory building (garage) that is 16 feet in height.  
PUBLIC INPUT

A neighborhood meeting was not required.

Staff has not received input related to this case as of the publication of this staff report. 
PROJECT ANALYSIS 
USE PERMIT 
The proposed use requires a Use Permit to exceed the maximum allowed height of 15 feet for an 
accessory building within the R1-15 zoning district. 
Section 6-308 E Approval criteria for Use Permit (in italics): 
1.
Any significant increase in vehicular or pedestrian traffic. The proposed garage would be used to 
store additional vehicles and materials in addition to two off-street parking spaces provided in an 
existing enclosed garage. The garage is not anticipated to generate any additional vehicular or 
pedestrian traffic. 
2.
Nuisance arising from the emission of odor, dust, gas, noise, vibration, smoke, heat or glare at a

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level exceeding that of ambient conditions. The proposed garage is not anticipated to result in an 
increase in any nuisance-causing activities. Home occupations such as vehicle repair are not 
permitted within the R1-15 zoning district, and such uses are not evident based on the proposed 
scope of work and plans provided. 
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 proposed building 
represents an additional investment to a single-family residential property, and is not anticipated to 
result in the deterioration of the surrounding neighborhood. 
4.
Compatibility with existing surrounding structures and uses. Accessory buildings, including 
detached garages, of varying heights, including those up to two stories, can be found throughout 
the Westchester Estates subdivision. The proposed building is compatible with the existing single-
family residence and surrounding buildings in terms of use as well as architecture. 
5.
Adequate control of disruptive behavior both inside and outside the premises which may create a 
nuisance to the surrounding area or general public. Nuisances associated with disruptive behavior 
are not anticipated as a result of the proposed accessory building. 
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 
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.
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.

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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 
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.

All required Federal, State, County, and Municipal permits, licenses, and clearances shall be 
obtained, or the Use Permit is void.
LIGHTING: Site security lighting shall comply with requirements of ZDC Part 4 Chapter 8 (Lighting) 
and ZDC Appendix E (Photometric Plan). Avoid conflicts between lights and trees or other site 
features in order to maintain illumination levels for exterior lighting. Make sure that light fixtures do not 
create glare and are full-cutoff fixtures. Any changes to lighting would require a minor Development 
Plan Review.
LANDSCAPE: All landscape shall be maintained per the approved landscape plan for the site. 
Property owners are responsible to replace dead or missing plant material and to maintain all parking 
landscape islands, street front trees and ground covers, and perimeter planting materials. Any 
changes to landscape on site would require a minor Development Plan Review.
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:
May 1, 1969
The Tempe City Council adopts Ordinance No. 558, annexing the subject site 
and surrounding area into the City of Tempe. 
August 17, 1972
The Tempe City Council approves the Final Plat for the Westchester Estates 
subdivision. 
April 8, 1998
A two-story single-family residential home is constructed on the subject site.

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June 9, 2026
The Development Review Commission is scheduled to hear a Use Permit 
request to allow for an accessory building (garage) that is 16 feet in height in the 
R1-15 zoning district. 
ZONING AND DEVELOPMENT CODE REFERENCE: 
Section 3-102, Permitted Uses in Residential Districts
Section 3-401, Accessory Buildings, Uses and Structures
Section 6-308, Use Permit