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Record of Proceedings

Tempe Board of Adjustment Meeting – September 28, 2022

Board of Adjustment — Wednesday, September 28, 2022
BodyTempe, Arizona
SessionBoard of Adjustment
DateWednesday, September 28, 2022
StatusFILED
Video Record
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Transcript — Verbatim
0:02

All right.

0:03

Well, then let's convene our regular meeting.

0:07

Ladies and gentlemen, welcome to Board of Adjustments for Wednesday.

0:14

I've lost track of what today's date is.

0:17

What is our date today, folks?

0:20

Okay.

0:20

Wednesday, September 28th, 2022.

0:23

Thank you for the assist.

0:26

We uh have with us a number of notables.

0:30

Uh well, let me let me do our um introduction first.

0:36

The City of Tempe Board of Adjustment is authorized by the Arizona revised statutes and the City of Tempe zoning ordinance.

0:44

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 by the decision of a person responsible for the enforcement of the zoning ordinance, such as zoning administrator and hearing officer payments.

1:07

The board has the City of Tempe Community Development Staff Summary Reports on the items being considered at this meeting, and we'll use these reports in their deliberations.

1:18

Now we have with us our director, Mr.

1:22

Jeff Tamilevich.

1:24

Also uh graced by the presence of Mr.

1:26

Ryan LeVake.

1:27

We thank you for joining us.

1:28

We have Miss Diana Kaminsky, Miss Diane, uh Miss Diana Kaminsky, Miss Jennifer Daniels.

1:38

We have uh let's see, uh Mr.

1:41

Jason Wolf, and we have Mr.

1:43

Steve Abramson joining us.

1:45

Also, by way of our board members today, we have three joining us online.

1:51

I'd like to do a roll call starting with those online.

1:55

Uh could you each take in turn to introduce yourself, please?

2:01

Pickney Baker.

2:04

Robert Miller.

2:07

Jack Confer.

2:08

Thank you, Mr.

2:08

President.

2:09

Thank you.

2:10

And then to my left.

2:17

Okay.

2:18

The microphone seems to be a little touchy.

2:20

Just a little face thing.

2:21

So push the face.

2:25

Ricky Lingans.

2:27

And to my right, please.

2:29

Ron Kakey.

2:30

Richard Watson.

2:32

And I am Chairman David Lyon.

2:36

Okay.

2:37

So items of business tonight.

2:39

We have first to consider our meeting minutes from our July 27th meeting.

2:45

And we have considered these meeting minutes with opportunity to make adjustments.

2:49

We have not found any items to correct on those minutes.

2:54

Therefore, board members, I'd like to hear a motion regarding the approval of said minutes.

2:59

May I hear such a motion, please?

3:01

I motion accept the minutes.

3:05

Okay.

3:05

Do we do I hear a second, please?

3:07

Okay.

3:08

Motion to approve from board member Gans and seconded by board member Watson.

3:13

Let's go down the line asking for votes.

3:16

Board member Confer.

3:19

All right.

3:21

Board Member Baker.

3:26

Abstain.

3:27

I was not present.

3:28

Okay.

Discussion Breakdown — Share of Meeting
Historic Preservation█████████████████████████████████████████████54%
Procedural███████████████████23%
Zoning and Land Use███████████████████23%
Summary of Proceedings

Tempe Board of Adjustment Meeting – September 28, 2022

The Tempe Board of Adjustment convened on Wednesday, September 28, 2022, to consider a variance request to reduce a side yard setback from 10 feet to 6 feet for a historic property at 1015 South Farmer Avenue. The board also approved the minutes from the July 27, 2022 meeting. No public testimony was offered.

Consent Calendar

  • Meeting Minutes (July 27, 2022): Approved by a vote of 4-0, with three board members (Baker, Miller, Kakey) abstaining because they were not present at the prior meeting.

Public Comments & Testimony

  • No members of the public spoke during the public comment period.

Discussion Items

  • Variance Request (PL220187) – Livingston/Spear Remodel and Addition: The applicants, Joe Livingston and Brian Spear, requested a variance to reduce the south side yard setback from the required 10 feet to 6 feet. The property, built in 1893, is a 50-foot-wide lot zoned R3 (multifamily) but occupied as a single-family home. The existing structure sits at a 6-foot setback on the south side, which has been the historic pattern for 129 years. The applicants plan to remodel the home, restore the original front porch, and add a second-story accessory dwelling unit. The lot is constrained by a Union Pacific Railroad line to the east and a power line easement.
  • Staff (Diana Kaminsky, Community Development) presented the analysis, noting that the strict application of the current 10-foot setback would deprive the property of privileges enjoyed by other single-family homes and similar variances granted in the area. The variance is necessary because the removal of a non-conforming 1962 addition triggers the setback requirement. The applicant held a neighborhood meeting on August 15, 2022, with one attendee who expressed support. Letters of support were included in the packet.
  • Board members asked about the possibility of listing the property on the National Register of Historic Places. The city’s preservation officer noted that the proposed changes (including a two-story addition) might affect historic integrity, but the property could still be eligible. The applicants expressed interest in historic recognition but had not pursued it.
  • Board members expressed unanimous support for the variance, citing the historic nature of the property, the substandard lot width, and the lack of opposition.

Key Outcomes

  • Motion to Approve Variance (PL220187): Moved by board member Gans, seconded by Watson, with conditions that the applicant obtain a building permit and a use permit from the Development Review Commission (DRC) for the second-story addition before construction. The motion passed unanimously (7-0).
  • Next Steps: The applicant will proceed to the DRC on October 25, 2022, for the use permit approval.

Meeting Transcript

All right. Well, then let's convene our regular meeting. Ladies and gentlemen, welcome to Board of Adjustments for Wednesday. I've lost track of what today's date is. What is our date today, folks? Okay. Wednesday, September 28th, 2022. Thank you for the assist. We uh have with us a number of notables. Uh well, let me let me do our um introduction first. 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 by the decision of a person responsible for the enforcement of the zoning ordinance, such as zoning administrator and hearing officer payments. The board has the City of Tempe Community Development Staff Summary Reports on the items being considered at this meeting, and we'll use these reports in their deliberations. Now we have with us our director, Mr. Jeff Tamilevich. Also uh graced by the presence of Mr. Ryan LeVake. We thank you for joining us. We have Miss Diana Kaminsky, Miss Diane, uh Miss Diana Kaminsky, Miss Jennifer Daniels. We have uh let's see, uh Mr. Jason Wolf, and we have Mr. Steve Abramson joining us. Also, by way of our board members today, we have three joining us online. I'd like to do a roll call starting with those online. Uh could you each take in turn to introduce yourself, please? Pickney Baker. Robert Miller. Jack Confer. Thank you, Mr. President. Thank you. And then to my left. Okay. The microphone seems to be a little touchy. Just a little face thing. So push the face. Ricky Lingans. And to my right, please. Ron Kakey. Richard Watson. And I am Chairman David Lyon. Okay. So items of business tonight. We have first to consider our meeting minutes from our July 27th meeting. And we have considered these meeting minutes with opportunity to make adjustments. We have not found any items to correct on those minutes. Therefore, board members, I'd like to hear a motion regarding the approval of said minutes. May I hear such a motion, please? I motion accept the minutes. Okay.

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