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Summary of Current Events by Director

Regular Agenda

CONSIDERATION AND POSSIBLE ACTION: Approving the regular meeting minutes of the Board of Adjustment, October 16, 2025.
The intent of approving meeting minutes is to ensure an accurate account of the discussion and action that took place at the meeting for archival purposes. Approved minutes are placed on the town's website and maintained as permanent records in compliance with state law.

CONSIDERATION AND POSSIBLE ACTION: Variance to reduce the 40’ minimum rear yard building setback to 30’ for a single family home on an approximately 1.95-acre lot, located at 14522 E. Desert Tortoise (APN#217-76-007) in the R1-43 Single Family residential zoning district.
Applicable Ordinance RequirementsTown CodeArticle 2-8 BOARD OF ADJUSTMENTSection 2-8-4 DutiesB. It shall be the duty of the board of adjustment to hear and decide appeals for variances from the terms of the zoning code only, if because of special circumstances applicable to the subject property, including its size, shape, topography, location or surroundings, the strict application of the zoning code will deprive such property owner of privileges enjoyed by owners of other property of the same classification in the zoning district. Any variance granted is subject to such conditions as will assure that 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.C. The board of adjustment may not:1. Make any changes in the uses permitted in any zoning classification or zoning district, make any changes in the terms of the zoning code or make changes to the zoning map, provided the restriction in this paragraph shall not affect the authority to grant variances pursuant to this article.2. Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner.Zoning OrdinanceChapter 2 PROCEDURESSection 2.07 Appeals and VariancesC. Variance.1. Purpose. Any aggrieved person may apply to the Board of Adjustment for a variance from the terms of the Zoning Ordinance if, because of special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of the Zoning Ordinance will deprive such property owner of privileges enjoyed by owners of other property of the same classification in the same Zoning District. Nothing herein contained shall be construed to empower the Board to change the terms of this section, to authorize uses which violate any other Town ordinance, to effect changes in the zoning map, or to add to or change the uses permitted in any zoning district.6. Findings.a. A variance shall not be granted unless the Board finds sufficient evidence to make a determination that:i. There are special circumstances applicable to the property, including its size, shape, topography, location, or surroundings; andii. Such special circumstances are preexisting and not created by the property owner or appellant; and iii. The strict application of the Zoning Ordinance will deprive such property of privileges enjoyed by other property of the same classification in the same zoning district; andiv. Any variance granted will ensure that 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.b. No nonconforming use or violations of this section with respect to neighboring lands, structures, or buildings in the same zoning district, and no permitted use of lands, structures or buildings in other zoning districts, shall be considered grounds for granting a variance.7. Action. In granting a variance, the Board may impose such conditions and safeguards as are appropriate to ensure that the purpose and intent of this section remain intact. Every variance shall be personal to the applicant therefor and shall be transferable and shall run with the land only after completion of any structure or structures authorized thereby.Chapter 5 GENERAL PROVISIONSSection 5.06 Yard, Lot, and Area RequirementsSub-Section B. ApplicationNo building shall be erected, nor shall any existing buildings be altered, enlarged, moved, or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity with the yard, lot, area and building location regulations hereinafter designated for the zone in which such building or open space is located, except as otherwise specifically provided.Chapter 10 SINGLE FAMILY RESIDENTIAL ZONING DISTRICTSSection 10.09 Density, Area, Building and Yard RegulationsZoning Ordinance Summary ChartZoning District = R1-43Required Building SetbacksFront = 40’Side = 30’Street Side = 40’Rear = 40’BackgroundThis area of Fountain Hills was platted in 2004 as Eagles Nest Parcel 7. Lots within this portion of the subdivision are generally uniform in width at approximately 145 feet, with depths ranging from about 157 to 500 feet. The subject property is irregularly shaped, featuring multiple angles. The majority of its boundaries adjoin an open space tract associated with neighboring Parcel 8, which also serves as a drainage easement and is owned by the Eagles Nest Community Association. The remaining boundary is shared with a vacant residential lot to the north.The lot is located at the end of a cul-de-sac and is notably elongated, extending approximately 400 feet from the front property line to the furthest point along the rear. A 20-foot-wide linear drainage easement runs through the center of the property. The portion east of the easement, which comprises the majority of the site, features steep slopes of at least 20 percent descending to the west. In contrast, the area west of the easement, closest to the cul-de-sac, has more moderate topography and is intended as the building site for the proposed single-family residence.As noted above, the minimum required rear yard setback is 40 feet. Due to the irregular configuration of the lot, there are multiple rear yard lot lines, including the southern boundary, which is adjacent to the open space tract. It can be difficult with these irregular lot shapes to understand how the setback standards are applied.  The applicant believed this southern property line to be a 30' side yard and designed the home accordingly.  Staff review of the building plans identified the correct setback requirements.  The applicant is requesting a reduction of the required rear yard setback along this portion of the property, from 40 feet to 30 feet.Variance RequestFINDINGS:The four findings which must be made by the Board of Adjustment in order to grant a variance are listed below. The applicants have provided their written justifications for each criterion in their attached narrative. Staff’s responses are noted below:1. There are special circumstances applicable to the property, including its size, shape, topography, location, or surroundings.Applicant: (a) The lot has a long irregular shape with many sides; (b) The rear yard is substantially longer than the front yard along /adjacent to cul-de-sac; (c) There is an existing drainage easement record on the lot.Staff: The subject property is not only substantially longer than typical lots within Eagles Nest, but also characterized by significant areas of steep grading, particularly east of the drainage easement. While this portion of the site could be considered an optimal location for constructing a residence of this size under different circumstances, doing so would require substantial alteration of the natural terrain. The applicant’s selected building location minimizes the need for excessive grading and helps preserve existing topography and natural drainage patterns, thereby maintaining the site’s natural features and supporting the Town’s environmental objectives. A limited encroachment into the minimum required rear yard setback is necessary to achieve this outcome, allowing the residence to be sited in the most suitable area while minimizing disturbance to the surrounding landscape.2.  Such special circumstances are pre-existing and are not created or self-imposed by the owner or appellant.Applicant:The lot was platted in the long narrow configuration without enough area to build a home of similar size to those in the area.Staff: The lot was platted in 2004. The current owners purchased the property in 2025. The irregular shape and usually long length of the lot was not created by the property owner. Staff finds that the owners did not created the situation and therefore the circumstances are not self-imposed.3. The strict application of the Zoning Ordinance will deprive such property owner of privileges enjoyed by other property of the same classification in the same zoning district.Applicant: a. The irregular shape of the property and the rectangular nature of building construction, causes the new structure to encroach into the 40’ setback slightly with the structure (total of 200’ square feet). More than a majority of the proposed structure is setback beyond required 40’.Staff: With one exception, the lots within Eagles Nest Parcel 7 are generally not irregularly shaped to this degree, and the same is true for the broader Eagles Nest development. Although the applicant’s lot is relatively large, it is significantly constrained by a drainage easement and variable topography. A modest reduction in the minimum rear yard setback from 40 feet to 30 feet along the southern boundary would allow for a home comparable in size to others in the neighborhood while helping to preserve natural features and existing drainage patterns. Furthermore, because the property adjoins open space to the south and east, the proposed 10-foot encroachment will not affect neighboring residents’ views.4. Any variance granted will ensure that 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.Applicant: a. The construction of this new home will add value to the area and building a similar-sized home will further enhance the value of the area. The area where variance could be approved is less than 20% on the length of total defined rear yard.Staff: Staff finds that granting a variance will not constitute a grant of special privilege.  Numerous irregularly shaped parcels with multiple angles exist throughout the town, many of which appear to have been developed without strict adherence to standard zoning requirements. In several instances, structures have been positioned toward a particular portion of the lot to minimize impacts on natural features. There is little indication that these configurations were achieved through the formal variance process; rather, they were likely approved administratively. In this case, staff believes the applicant presents a well-founded argument for undue hardship and has appropriately pursued a variance as the proper mechanism to obtain this entitlement.While variances are site specific and are not intended to set a precedent, in this case, should the variance be granted, the Board would be hard-pressed to not come to the same findings for many of the other lots. Given that development of the property behind this lot is unlikely, reducing the rear yard will not have a negative impact on other properties.

Call to the Public
Pursuant to A.R.S. §38-431.01, or as prescribed by state law.

Board Discussion/Direction to the Director

Future Agenda Items

Adjournment