Tempe Board of Adjustment Meeting: Appeals, Variances, and Zoning Decisions

The Tempe Board of Adjustment convened on October 23, 2019, to hear two appeals of hearing officer abatement decisions and one variance request. The board approved the minutes from the July 24, 2019 meeting with a 6-0 vote (one abstention). During the meeting, the board heard testimony from applicants, city staff, and public commenters, ultimately voting on each case: the Storm property appeal was denied with a 30-day stay, the Gutierrez property appeal was denied with a 120-day stay, and the Generations Medical Center variance was approved, allowing a reduction in required parking from 198 to 158 spaces.

Consent Calendar

• Minutes of the July 24, 2019 meeting were approved on a 6-0 vote with Board Member Tracy abstaining.

Public Comments & Testimony

• For the Storm property, no public comments were made during the public comment period.
• For the Gutierrez property, Gerald Christich, a neighbor residing at 2108 East Pegasus Drive, testified that the property had been in continuous disrepair for the last five years.
• For the Generations Medical Center variance, multiple public comments were heard:
  • Thomas Galvin, attorney representing the mosque (Masjid Omar ibn Al-Khattab), spoke in opposition, arguing the applicant failed to meet any of the four variance criteria and that the property only has 109 parking spaces, not 158.
  • Mohammed Zubayer, a founding member of the mosque, also opposed the variance, citing concerns about drainage, property rights, and the lack of a formal parking agreement.
  • Steve Lannerson, a physician and former developer of the medical building, spoke in favor, stating that parking has been adequate historically and urged cooperation.
  • Darrell Steele, a prior appellant, raised concerns about ADA parking requirements based on the building's medical uses.
  • Morris Hania, a neighbor and mosque member, opposed the variance, stating that parking is already insufficient and that the applicant should build a parking structure or lease spaces.

Discussion Items

Storm Property Appeal (1105 East El Noray Street)

• The appellant, Darryl Steele, contested the hearing officer's approval of an abatement for property owned by the Storm Family Trust, arguing that the code allows weeds up to 12 inches tall and that his property was in compliance. He also claimed the inspector and hearing officer were biased.
• City staff, represented by Inspector Andres Lara Reyes, presented a history of violations dating back to March 2019, including repeated notices and extensions. The case had been open for 231 days, with 11 total cases and 68 inspections over the prior five years.
• The board discussed that the code does not permit uncultivated weeds in gravel and that a 12-inch height does not automatically make a landscape compliant.
• The board ultimately denied the appeal but added a condition of a 30-day stay for the appellant to self-abate.

Gutierrez Property Appeal (2108 East Pegasus Drive)

• The appellant, Jessica Gutierrez, appealed the hearing officer's abatement order, citing her father's dementia, a 2017 fire, her own brain tumor surgery on September 9, 2019, and financial hardship. She requested additional time to complete cleanup.
• Inspector Jack Schofield testified that the property had been in violation since April 2019, with 183 days open case time, 10 total cases, and 61 inspections since 2010. He noted that the property's condition had worsened despite multiple extensions and offered assistance programs.
• The board expressed sympathy for the appellant's circumstances but emphasized the need for compliance. A motion to deny the appeal with a 120-day stay passed 5-2.

Generations Medical Center Variance Request

• The applicant, represented by Sean Lake, sought a variance to reduce the required parking from 198 to 158 spaces for the medical office building at 1744 South Val Vista Drive. The request was based on historical operation, a parking study by CivTech, and the existence of shared parking agreements with adjacent properties.
• Staff, represented by Diana Kaminsky, recommended approval, citing the site's irregular shape and the historical use of the property.
• Opposition from the mosque highlighted concerns about property rights, drainage, the number of actual available spaces (109), and the lack of a recorded agreement.
• The board deliberated on whether the variance met the four criteria. Chairman Lyon argued that the property was irregularly shaped and that the variance would not change actual parking or traffic. Board Member Watson argued the hardship was self-imposed due to the owner's failure to secure parking agreements.
• The board approved the variance from 198 to 158 spaces on a 5-2 vote.

Key Outcomes

• Storm Property Appeal: Denied with a 30-day stay (motion passed 6-1). The property must be brought into compliance within 30 days.
• Gutierrez Property Appeal: Denied with a 120-day stay (motion passed 5-2). The property must be cleaned up within 120 days.
• Generations Medical Center Variance: Approved to reduce required parking from 198 to 158 spaces (motion passed 5-2).
• Staff provided information on the appeals process: decisions may be appealed to Maricopa County Superior Court within 30 calendar days.
• Future meeting dates were announced, including the next meeting on Wednesday, November 20, 2019.