Board of Adjustment Meeting: Variance Appeal for Watson Residence (August 28, 2013)
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
Board of Adjustment Meeting: Variance Appeal for Watson Residence (August 28, 2013)
The Board of Adjustment of Tempe, Arizona, met on Wednesday, August 28, 2013, at approximately 5:00 PM (stated as "Good evening" in the transcript) to consider an appeal of a Hearing Officer's decision to deny a variance. The four‑member board (minimum quorum) unanimously approved the variance after deliberation.
Consent Calendar
- Approved meeting minutes from the January 23, 2013 study session and formal meeting.
Public Comments & Testimony
- Richard Watson (applicant) argued that denying the variance would deprive him of property rights enjoyed by neighbors, noting four nearby properties with side‑yard setbacks of 7–10 feet. He explained his plan to reorient his existing three‑car garage and add two additional stalls (total five cars), which requires a side‑yard setback reduction from 15 feet to 8 feet 6 inches. He stated that a 9‑foot setback would be optimal but requested 8.5 feet as a buffer to avoid construction measurement issues. No public opposition was recorded; neighbor Mr. Felton attended the original hearing in support, and a neighbor on the other side provided a signed letter of support. The adjacent property to the south was recently sold, and the new owners had been informed.
Discussion Items
- Staff Report: Sherry Lesser (Senior Planner) clarified that only the variance was under appeal (the use permit for the second‑story addition had already been approved). Staff had originally recommended approval but offered no recommendation for the appeal, leaving the decision to the board.
- Applicant's Presentation: Watson detailed the lot's irregular shape (house sits at a 45‑degree angle), the need for adequate garage door width (standard 16‑foot doors), and the impossibility of achieving a functional design with a 12‑foot setback (the alternative suggested by the Hearing Officer, which would allow only 1.5 additional cars). He noted no windows would face the neighbor or the adjacent high school football stadium.
- Board Deliberation: Members discussed the precedent of existing variances in the neighborhood, the lack of harm to neighbors, and the “hardship” criteria. One member expressed concern about setting a precedent that undermines zoning code enforcement, but others noted the code’s purpose is to grant relief where strict application would deny privileges enjoyed by similar properties. The board acknowledged that the four criteria for variance did not explicitly require a hardship demonstration.
Key Outcomes
- Motion to Approve the Appeal: Member Richard Dalton moved to approve the appeal (i.e., grant the variance reducing the side‑yard setback from 15 feet to 8 feet 6 inches for the new garage and second‑story addition). Member Richard Colligo seconded.
- Vote: Unanimous (4–0). All four members present—John Pazowskis (Acting Chair), Anthony Galeze, Richard Dalton, and Richard Colligo—voted in favor.
- Next Steps: The variance is granted, allowing the Watsons to proceed with their planned construction subject to other permit requirements.
Meeting Transcript
Good evening. I'd like to my name is John Pazowskis and I'm the uh the acting chairman of the of the board tonight. Um I'd like to call the meeting of the Board of Adjustments to order. Um couple of things I'd like to uh I'd like to first state for the record. Uh the Board of Adjustments is authorized by the Arizona revised statutes and the City of Tempe zoning ordinance. Its function is to grant relief where a little literal enforcement of the zoning ordinance would result in an unnecessary property hardship to interpret provisions of the zoning ordinance and to hear appeals from any person or city official aggrieved by the decisions of a person responsible for the enforcement of the zoning ordinance. The board has the City of Tempe Community Development Staff Report on the items being considered at this meeting, and we'll use the report in their discretion as we go through the meeting tonight. Um all applicants and interested uh citizens when you request is uh is called when you wish to address the board, please make sure you fill out one of the citizen request forms located on the table in the back, then step to the microphone, state your name and address for the record. Please submit the white form to the staff members before you begin speaking at the microphone. I'd like to introduce the uh the staff that we have uh in attendance today. We have Steve Abramson, planning and zoning coordinator, Sherry Lesser, who's a senior planner, and Julie Stenerson, I believe. Um I'd like to make a roll call of the of the uh of the members present today. Uh if you'd like to state your name. Um Anthony Galeze, Richard Dalton, Richard Colligo. My name is John Pazowskis. Um first order of business tonight is the uh approval of the minutes. Um you all have the meeting minutes uh from the last meeting. Um all that were present at the last meeting. I don't know if you all were. I know some of you were, but um is there any additions, corrections, or or anything on the meeting notes, or do I have a motion to approve the meeting notes? I'll second that. Approval. All in favor. Aye. Aye. Aye. All right. Uh the post session items. I'm not sure exactly what that is. Is that that's after? Okay. All right. So I guess the first item of business is um to have the applicant. Or no, to have um, I'm sorry, to have uh Sherry Lesser present the uh the case to us. I will um request appeal of the June 18th, 2013 hearing officer's decision to deny a variance to reduce the side yard set brack from 15 feet to eight foot six inches for a new garage and second story addition for the Watson residents. It's uh PL 130184, located at 6231 South Rita Lane in the City of Tempe. The applicant is Richard Watson. Um Mr. Chair, members of the board, and I just want to clarify something. The um advertisement is a little bit incorrect. Um there we are not discussing the second story edition. That is a use permit, and that's been approved. So the only thing for discussion tonight is hearing the app the homeowner is appealing the hearing officer's decision to deny the journey. Um context, excuse my voice, and it comes and goes. Um this property is located north of Guadalupe, east of Rural Road, adjacent to the umston market high school. Is that Marcos Deniza High School? In the R115 zone properties, it is a cul-de-sac lot that backs up to the high school. I won't go into a lot of detail about the application. I'll let the applicant make their case. I'm just here for to answer any questions regarding the staff approval staff report or the process thus far.
openpublica.com