Tempe Board of Adjustment Meeting – March 24, 2010

The Board of Adjustment met on March 24, 2010, at 2:15 PM (local time) to consider several agenda items, including continuances of two cases and two appeals related to a single property at 16 East 15th Street. The board voted unanimously to continue cases and to deny both appeals, thereby upholding the hearing officer's decisions.

Consent Calendar

• Minutes Approval: The board unanimously approved the minutes from the December 16, 2009 meeting.
• Continuance – Frawley Residence (Item 2): Staff requested a continuance to the April 28, 2010 meeting because the property owner had begun cleaning the property. The board voted unanimously to continue (PL090457/ABT09040/CE095022).
• Continuance – Verizon Wireless (Item 3): Staff requested a continuance for the Verizon Wireless appeal regarding mechanical equipment screening. The board voted unanimously to continue to the April 28, 2010 meeting (PL090471/VRA10001).

Public Comments & Testimony

• Doug McQueen (representing appellants Catherine Gorman and Phil Hedrick) stated that the appellants were out of the country and requested a continuance. He also noted the appellants' core concern was the five-foot setback rather than the lot size calculation, and that they might be willing to accept the building if the setback were nine feet instead of five.
• Charles Huellmantel (property owner and applicant) opposed the continuance, noting the process had already taken many months. He argued that the zoning code includes the alley in lot size calculations, and that the variance was needed to preserve a large pecan tree and maintain the existing oleander hedge.
• Cliff Jones (neighbor across the street) expressed strong support for the project, stating the homeowner had made significant efforts to accommodate concerns.
• Catherine Hayes (architect) emphasized that the code's reference to lot size including the alley is standard practice, and that a layperson would rely on that interpretation.

Discussion Items

Item 4 – Appeal of Variance (Setback Reduction): The board reviewed the hearing officer's January 19, 2010 decision to approve a variance reducing the north rear yard setback from nine feet to five feet. The appellant argued that the four-foot reduction would compromise open space and the ability to maintain a dense visual barrier. The applicant explained that the variance was necessary to protect a large pecan tree and that the oleander hedge would still provide adequate screening. The board also noted that the code allows structures as close as three feet without a variance.

Item 5 – Appeal of Zoning Administrator’s Opinion (Lot Size): The appeal challenged the zoning administrator's opinion that the lot size (for determining eligibility for a guest house) could include half the width of the adjacent alley. The board heard testimony that the city's development review commission had upheld that interpretation the previous night. Staff confirmed that the zoning code consistently includes the alley in lot area calculations for residential properties. The appellant's representative indicated they were not opposed to the guest house itself, but only to the proximity.

Key Outcomes

• Vote on Item 5 (Zoning Administrator’s Opinion): The board voted unanimously to deny the appeal, thereby upholding the hearing officer's decision that the lot size at 16 East 15th Street (including half the alley) exceeds 15,000 square feet, allowing a guest house.
• Vote on Item 4 (Variance): The board voted unanimously to deny the appeal of the variance, upholding the hearing officer's approval to reduce the rear yard setback from nine feet to five feet. The motion was made and seconded, and passed unanimously.
• Next Steps: The property owner indicated construction would begin as soon as building permits are obtained. The meeting was adjourned.