Tempe Board of Adjustment Meeting – November 25, 2015: Variance Appeal for Hardy Townhomes
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Tempe Board of Adjustment Meeting – November 25, 2015
The Tempe Board of Adjustment convened on November 25, 2015, at 1:00 PM (UTC) to consider an appeal of a hearing officer's decision to deny a variance for a proposed townhome development. The board approved the consent agenda (meeting minutes) and then deliberated on the main agenda item, ultimately voting unanimously to overturn the hearing officer’s denial and grant the requested variance.
Consent Calendar
- Meeting Minutes: Approved unanimously (motion by Richard Dalton, second by Richard Castle) with a correction to Chairman Jan Sell's name (removing an extraneous "S"). Minutes were from the Study Session & Formal Meeting of April 22, 2015.
Discussion Items
- Appeal of Hearing Officer's Denial of Variance – Hardy Townhomes (PL150108):
- The applicant, Stephen Earl of Earl, Curley & Lagarde P.C., requested a variance to reduce the front yard setback from 20 ft. to 10 ft. for an eight‑lot townhome development at 506 South Hardy Drive (southwest corner of Hardy Drive and Fifth Street). The property is approximately 19,000 sq. ft., vacant for over 25 years, and zoned R‑3 (multifamily).
- Staff Report (Karen Stovall, Senior Planner): The hearing officer denied the variance on October 20, 2015. Staff noted that after that denial, the city's Transportation Division requested the applicant shift the proposed driveway 10 ft. north to increase separation from an existing driveway to the south. The applicant had revised the site plan (by reducing the landscape buffer between the driveway and Building A) but had not yet shifted the driveway location.
- Applicant’s Argument (Stephen Earl): The property is unusually shaped, shallow, and pinched at both north and south ends, making development difficult without a setback reduction. He argued that the variance meets the legal tests for special circumstances (unique parcel shape, infill lot, blighted condition) and does not confer special privileges (neighboring properties have similar setbacks of 10 ft. or 5 ft.). He noted that the project density (18 units per acre) is below the R‑3 allowance and general plan maximum. No public opposition was voiced at the neighborhood meeting; only two attendees expressed support. The applicant requested the board overturn the hearing officer’s decision.
- Board Discussion: Board members asked no questions. No public testimony was offered.
Key Outcomes
- Motion: Board member David Noggle moved to approve the appeal and overturn the hearing officer’s decision, thereby granting the variance to reduce the front setback from 20 ft. to 10 ft. The motion was seconded by Vice Chair Richard Dalton.
- Vote: Unanimous (all members present voted aye).
- Next Steps: The applicant will continue working with city staff to finalize the driveway shift adjustment before the case proceeds to the Development and Review Commission.
The meeting adjourned after the vote.
Meeting Transcript
Good evening and welcome to the City of Tempe Board of Adjustment. My name is Jan Sell. I'm the chairman, and I'd like to call this meeting to order. And first, um, before I do that, I will um read our preamble, which is the Board of Adjustment is authorized by Arizona revised statutes and the City of Tempe ordinance. Its function is to grant relief where a 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 decision of the person responsible for the enforcement of the zoning ordinance. The board has the city of Tempe community development staff summary reports on the items being considered at this meeting, and we'll use this report in their deliberations. When your request is called or when you wish to address the board, please make sure you filled out a form and um the citizens' form request form located on the table in the back of the building, the room. Then step to the microphone and state your name and address for the record. Please submit the white form to a staff member before you begin speaking in the microphone. First of all, I'd like to introduce our board members. To my left is Richard Dalton's vice chair, uh Jack Confer, and then L. Dare, and then to my right is Richard Costell, David Nagel, and John Busakis. Hope I like got your names right. And um, if the staff would introduce themselves, um Steve Edmundson, Karen is the umble is the senior planner, and Diane McGuire is the administrative assistant. First of all, I'd like to uh discuss our minutes of the last meeting. I think there were some corrections made previously before um that were brought to the staff's attention, and I have one correction. Um my name doesn't have an S on the end of it. That's the only thing that I noticed. I've read through it pretty thoroughly. Um there any other changes? Motion to approve the minutes. I second that with that change. Well, who's moved? I second the motion to approve the minutes. Well, I need a first or who made the motion. I'll make the motion to approve the minutes. Okay, second. I'll second the motion. Okay, the motion to approve by uh Richard Dalton, the second by um Richard Castle. Is that how you spoke to okay? The second motion. Uh those all those in favor. Say aye. Aye. Aye. Okay. Passes unanimously. The um first case we have tonight is the um. I'm looking for the case number. We have a request appeal of October 20th, 2015 hearing officers' decision to not to deny a variance to reduce the front yard setback from 20 feet to 10 feet for Hardy Townhouses, PL 150108, located at 506 South Hardy Drive. The applicant is Stephen Earl of Earl Curley and the Grade PC. I'm not sure I pronounced that name right. Thank you. Um, yes, good evening. Good evening. State your name and the dress for the record. Um, I'm Karen Stovall. Um, this is an appeal of the decision by the hearing officer that was made on October 20th, 2015 to deny a variance to reduce the required front building setback from 20 feet to 10 feet, and this would be the front setback on uh the north property line along 5th street. The applicant is proposing an eight-lot town home development at the southwest corner of Hardy Drive and Fifth Street. The property is currently vacant and is just over 19,000 square feet in area.
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