Tempe Board of Adjustment Meeting - November 20, 2019

The Tempe Board of Adjustment met on November 20, 2019, to consider acceptance of the 2019 Annual Report and a variance request for a Del Taco restaurant at 1331 North Scottsdale Road. The applicant sought a reduction in required parking from 27 to 24 spaces (later corrected to 26 required, 24 provided). After public testimony and board deliberation, the variance was approved unanimously.

Consent Calendar

• Acceptance of 2019 Annual Report: Approved unanimously (6-0) with corrections to attendance records and board member start dates.

Public Comments & Testimony

• Stacy Arculese (adjacent property owner): Expressed safety concerns for children and elderly neighbors, including a woman named Mildred who cares for great-grandchildren, fearing increased traffic from the Del Taco.
• Jeremy Arculese (adjacent property owner): Raised safety concerns about pedestrians, especially handicapped individuals and children, crossing the drive-thru queuing lane. He argued that the site layout is tight and will inevitably lead to accidents, and that signage is insufficient.
• David Arculese (adjacent property owner): Requested a continuance, alleging misrepresentations by the applicant and rushing of the process. He argued that granting the variance would shift parking burden onto Weber Drive, negatively affecting the residential neighborhood. He cited deed restrictions and neighborhood character. He also questioned the accuracy of employee count and parking demand.

Discussion Items

• Del Taco Parking Variance (PL190276):
  • Applicant Presentation (Darren Sender, Sender Associates): Representing Kai Investments, Sender detailed eight special circumstances justifying the variance: small parcel size (0.51 acres after right-of-way takings), narrow shape, required alley dedication (2-foot easement), private deed restriction prohibiting commercial building on Lot 2, public utility easement, inaccurate original plat dimensions (1.66 feet narrower), required bus shelter dedication, and prior right-of-way takings (22 feet, reducing lot size by 34%). She argued the strict application of the code would deprive the property of privileges enjoyed by other similar properties, many of which are grandfathered or part of larger shopping centers. The variance request was reduced from 3 to 2 spaces after correcting floor area measurement from gross to net (building is 1,998 sq ft). She cited a recent Arizona Supreme Court case (Pond First) supporting area variances when special circumstances are not self-imposed. Staff questioned whether the applicant could reduce building size further, but Sender said it is at minimum size for operations.
  • Staff Report (Diana Kaminski, Senior Planner): Staff recommended approval with conditions, including that the applicant provide a certified floor plan diagram and a pedestrian connection from Weber Drive. Kaminski noted the site has been vacant 24 years, and the combination of constraints makes development challenging. She compared the site to neighboring commercial properties that are grandfathered with larger buildings and less parking. She suggested that an alternative floor plan converting indoor seating to outdoor patio could reduce parking demand, but the applicant did not adopt that. She addressed safety concerns by noting that raised pedestrian tables (speed tables) could be considered at the Development Review Commission (DRC).
  • Board Questions: Board members asked about the correction from 3 to 2 spaces, the possibility of