Tempe Board of Adjustment Meeting – July 28, 2021

The Tempe Board of Adjustment met on July 28, 2021, at 2:00 PM to consider two agenda items: approval of minutes from the June 23, 2021 meeting and a variance request from Victorum Tattoo to reduce the separation requirement between tattoo shops from 1,320 feet to 490 feet for a location at 516 South Mill Avenue. The meeting included presentations from the applicant, city staff, public comments, and board deliberation. The variance was denied unanimously.

Consent Calendar

• Meeting Minutes (June 23, 2021): Approved 4-0. Board members Collins, Phillips, and Miller abstained due to non-attendance at the prior meeting.

Public Comments & Testimony

• Danielle Chestnut (Tempe resident): Opposed any more tattoo shops in the area, citing a surge in tattoo shops and supporting existing separation requirements.
• Sean Dodal (letter read into record): Opposed the variance, claiming the applicant tried to skirt building permits and that the site lacks running water, which is critical for bloodborne pathogen prevention. He warned that granting the variance would open floodgates for low-end shops.
• Mark Walters (owner, Living Canvas Tattoos, 28 years in Tempe): Opposed the variance, stating it would set a dangerous precedent and lead to oversaturation. He emphasized that the absence of a hand-washing sink violates bloodborne pathogen safety, as hand washing is the most important infection control technique.
• Joseph Conti (Tempe resident and business owner, 25 years): Opposed the variance, denying the applicant’s claims of “smoke and mirrors” and asserting that his own business model for a Mill Avenue shop was long-planned and unanimously approved. He argued that granting the variance would reward a lack of due diligence and oversaturate the market.
• Merrill Darcy (Riverside neighborhood resident, letter read into record): Expressed frustration with the city’s development priorities, but supported allowing successful businesses to choose their location without unnecessary prohibition.

Discussion Items

• Variance Request – Victorum Tattoo (516 South Mill Avenue):
  • Applicant (Earl & Curley, represented by Mr. Jarvis): Requested a variance to reduce the required separation between tattoo shops from 1,320 feet to 490 feet. Arguing that the strict property-line measurement (1,225 feet from Colossus Tattoo) was technical; door-to-door distance exceeded 1,320 feet. The applicant claimed the other nearby shop (Inc & Eagle, 490 feet away) was a “sham” operation created by competitor Joe Conti to block competition. Presented statistics: 46% of Americans have at least one tattoo, and tattoos are mainstream. Cited special circumstances: the building is over 100 years old with limited water/restroom capacity, making it suitable for a tattoo parlor but not for other retail uses. The applicant insisted water and hand-washing facilities would be available.
  • City Staff (Lee Jimenez): Recommended denial, stating the request did not meet the four variance criteria. The property has no special circumstances related to size, shape, topography, location, or surroundings—water availability is not a special circumstance because many old buildings have been retrofitted. Other properties in the same zone are subject to the same separation requirement, and granting a variance would constitute a special privilege. Staff confirmed two existing tattoo shops at 808 South Ash Avenue (Colossus Tattoo and HTC Studios) are grandfathered and located 1,225 feet away. The Inc & Eagle shop at 414 South Mill received a use permit on April 27, 2021, with a one-year validity; no lease is required for a permit.
  • Board Deliberation: Board members focused on the four variance criteria. Members noted that the existence of a valid permit for Inc & Eagle at 490 feet (regardless of its operational status) meant the separation requirement could not be ignored. The 95-foot difference from the required 1,320-foot threshold was not enough to overcome the code. The board rejected arguments about the other shop being a “sham” and considered the matter not self-imposed but still lacking special circumstances tied to the property itself. The board also emphasized that decisions about water and building permits are under other authorities.

Key Outcomes

• Variance Denied: The motion to deny the variance passed 7-0 (all board members voting aye). This means the Victorum Tattoo variance request was rejected, and the separation requirement remains in effect.
• Next Meeting: Scheduled for August 25, 2021.