Tempe Board of Adjustment Meeting – July 27, 2022: Industrial Height Variance Approved
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Tempe Board of Adjustment Meeting – July 27, 2022
The Board of Adjustment of the City of Tempe met on Wednesday, July 27, 2022, at 14:00 local time. The single substantive agenda item was a variance request to increase the maximum building height from 35 feet to 55 feet for the proposed OMP Tempe Industrial Park at 1480 North McClintock Drive. After hearing from the applicant, staff, and board members, the board voted unanimously (7-0) to approve the variance.
Consent Calendar
- Minutes Approval: The board approved the study session and formal meeting minutes from July 28, 2021, with 3 in favor and 4 abstaining (due to board turnover and a technical issue with a virtual member).
- Minutes Approval: The board approved the meeting minutes from June 22, 2022, with 5 in favor and 2 abstaining (one virtual member was not present).
Discussion Items
- Variance Request (PL220160): Applicant Berry Riddell, LLC, represented by Wendy Riddell, requested a variance to increase the maximum building height from 35 feet to 55 feet for a three-building Class A industrial park on a 36-acre site (the former Big Surf location). The applicant argued the height is necessary to accommodate modern industrial racking systems (40–42 feet clear height plus roof structure/parapet) and to compete with properties in other jurisdictions and Tempe’s Southwest Overlay district (which allows up to 60 feet). The applicant cited the four-part variance test:
- Special circumstances: The site is the largest privately owned industrial parcel north of Loop 202; surrounding parcels are smaller and cannot accommodate similar-scale development.
- Deprivation of privileges: Other GID‑zoned properties in Tempe benefit from the Southwest Overlay (60 feet) or are in cities like Phoenix (56 feet by right) and Goodyear (50 feet by right).
- Not self-imposed: The parcel size and configuration have existed since 1969; the GID height limit (35 feet) has not been updated since 1978.
- No special privilege: The variance would allow height consistent with other modern industrial properties in the city.
- Staff Presentation: Senior Planner Karen Stovall recommended approval subject to one stipulation. Staff confirmed that the Community Development Department intends to initiate a text amendment to increase maximum industrial heights (possibly to 65 feet), likely by early 2023. The site will require separate site‑plan and subdivision plat approvals.
- Board Discussion: Several board members expressed support. Board Member Confer raised a concern about the “self‑imposed” criterion, noting that the choice to build on that site is voluntary. The applicant clarified that the site is zoned for industrial and that modern industrial buildings require the additional height; building lower would be economically unviable for a site of this size. Chair Lyon and others noted that the hardship is not self‑imposed by the applicant but results from outdated code.
Key Outcomes
- Vote: The board voted 7-0 to approve the variance to increase the maximum building height to 55 feet (with building 1 at 53 feet 8 inches due to grade differences).
- Next Steps: The applicant must still obtain development plan review (DRC) and preliminary/final subdivision plat approval (City Council). A potential Board of Adjustment meeting was announced for September 28, 2022, to consider a setback variance for a single-family residence.
Meeting Transcript
No, but it was like everybody's question so back off a little bit. I'm sorry. They left men for the council, I think. Good evening, ladies and gentlemen. Let me welcome you to the City of Tempe Board of Adjustments for Wednesday, June. Oh, sorry, look at the wrong date there. This is July twenty-seventh, twenty twenty-two. Good thing I was paying attention there. Um 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 pro uh provisions of the zoning ordinance or variances, and to hear appeals from any person or city official aggrieved by the decision of a 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 in their deliberations. If you do have interest in doing so, um please make it known to staff. Um I forget it's been a while. Do we have the mechanism in place to do that virtually? Uh Chairline, actually virtual comments need to be submitted two hours in advance. That's right. So only people who show up in person can comment at this point if they have not submitted a comment card. Okay, well, if you're joining us virtually, there's notes for next time. Uh we need those two hours in advance to make that accommodation. But here in person, we'd love to have you. All right, so by way of staff introductions, tonight we have with us our new director, Mr. Jeff Tamolevich, and we also welcome Mr. Ryan LeVake. Nice to see you as well. We have with us Mr. Steve Abramson, we have Karen Stovall, our senior planner, we have Miss Jennifer Daniels, and we also have Miss Joanna Barry. Thank you for joining us. I'd like to move into our roll call. Let's do the our virtual attendees first. Dr. Miller, would you introduce yourself, please? Yes. Hold on. I get my uh camera going. Right. Why don't we give him a moment to work on that? And while he does so, uh board member Confer, would you introduce yourself, please? Thank you, Mr. Chairman. Uh Jack Confer, present. Thank you. And let's come back to board member Miller while he works on his camera and do those present with me personally. Um to my left, would you be kind enough to introduce yourself? Ricky Lynn Gans, present. I am Chairman David Lyon. To my right, please. Vice Chair James Frazy. Richard Watson. Brett Siegel. Okay, thank you for being here.
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