Tempe Board of Adjustment Meeting: February 26, 2020 – Appeal of Abatement at 1620 East Williams Street
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Tempe Board of Adjustment Meeting: February 26, 2020
The Board of Adjustment met on February 26, 2020, to consider the appeal of Warren Van Egmond challenging a Hearing Officer’s December 17, 2019 decision to approve abatement of public nuisance items at 1620 East Williams Street. The meeting also included approval of prior meeting minutes. After testimony and deliberation, the Board voted to deny the appeal, allowing abatement limited to dead palm fronds on the backyard palm tree.
Consent Calendar
- Approval of Minutes: The Board approved the Study Session and Formal Meeting minutes from October 23, 2019, and November 20, 2019. The January 22, 2020 minutes were held off for later review. Votes were taken separately for each set of minutes, with various abstentions recorded. All approval motions passed unanimously (5-0 or 4-0 depending on abstentions).
Public Comments & Testimony
- Jim Dalton, a resident and associate of the appellant, spoke in support of Mr. Van Egmond. He clarified that the outcome of the July 11, 2019 court hearing was not clear (no written ruling received) and noted that in the documentation for this Board hearing, two emails supported the appellant and one opposed, contrary to staff’s statement of two emails in opposition. He also raised concern about selective enforcement of similar palm trees in backyards.
Discussion Items
- Appeal of Abatement (Item 2): The appellant, Warren Van Egmond, presented his case arguing that his yard complies with city code and supports Tempe’s Climate Action Plan goals. He emphasized that the front yard is cultivated and within height limits, and that the backyard palm tree is not visible from the street except from certain angles. He requested that any required trimming be specified rather than wholesale cutting.
- Staff Presentation: Robbie Aaron (Community Development) provided an overview. Code Inspector Hector Heredia detailed the enforcement history: the case originated from public complaints, involved 40 inspections over two previous cases, and multiple notices and extensions. As of the meeting date, the only remaining violation was the dead palm fronds on the backyard palm tree (visible from multiple public access points). The front yard had been brought into compliance.
- Board Discussion: Board members agreed that the palm tree violation was clear under City Code Section 213B8. They clarified that the abatement would be limited to the dead palm fronds, and the original contractor estimate would be reduced accordingly. No further concerns were raised about the front yard.
Key Outcomes
- Motion and Vote: Board Member Keggy moved to deny the appeal, specifically limiting the abatement to the dead palm fronds on the palm tree at 1620 East Williams Street. Board Member Baker seconded. The motion passed unanimously (7-0).
- Effect: The appeal was denied, sustaining the Hearing Officer’s decision. The City may proceed with abatement of the dead palm fronds only. The appellant was directed to comply, and the estimated abatement cost will be reduced from the original quote.
Meeting Transcript
Ladies and gentlemen, welcome to Board of Adjustments for City of Tempe, February 26, 2020. I'd like to introduce the board members that we have with us. Actually, our tradition is that each board member introduces themselves and uh introduces themselves. Um if we could start at my right, please. Jack Confirm. Kevin Collins. James Frazy, Vice Chair. I'm Chairman David Lyon. Richard Watson. Whitney Baker. Ron Keggy. And by way of city staff, we have with us uh Brittany Nelson and Mr. Steve Abrahamson. Um we also have Robbie Aaron, we have Jeff Tamelovich, and uh I'm sorry, I've I've forgotten Hector Horena. Thank you. Um let me read our preamble here. The City of Tempe Board of Adjustment is authorized by the Arizona revised statutes and the City of Tempe zoning 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 for variances, and to hear appeals from any person or city official aggrieved uh by the decision of a person responsible for the enforcement of the zoning ordinance, which uh by which we mean zoning administrator and hearing officer abatements. 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 to uh use this report in their deliberations. All right. So we only have one main item of business, but before we do that, we have some meeting minutes to consider from previous meetings, and there's a laundry list of them, so bear with us if you will. We have study session and regular session meeting minutes for three different meetings. Um, and because we were absent in various capacities, we'll we'll take motions on them separately. So we have considered these meeting minutes and we have addressed some corrections that need to be made. Ums Nelson, can you tell me again which one was it that you wished for us to hold off on? January. Okay, and I see before me October 23rd, November 20th, and uh December 22nd. Should be January, not December. Okay. It's interesting. Okay, so in the agenda it okay on the document it says January, but in the uh the agenda it actually says oh no, I apologize. I I'm reading that wrong. It's 012220, which works out to January 22nd of 20 rather than sorry, I was seeing that as a 12. I apologize. All right. So uh once again, so the January 22nd. Do you wish for us to hold off on both sets of minutes? All right. So we'll just do October and November, please. All right, so may I hear a motion regarding the approval of uh October 23rd's study session minutes, please. I'll make a motion to approve October 23rd study session and regular meeting minutes. Um let's do them separate in case study session minutes. All right, do I hear a second, please? Second. Okay, motion to approve from Vice Chair Frazy, seconded by board member uh Watson. All those in favor by show of hands, please. Opposed if any abstention. Okay, motion passes 5-0 with board members uh baker and keege in abstention. Um can we hear a motion regarding the regular session minutes for October 23rd, please? I motion that we approve the regular session minutes.
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