Tempe Board of Adjustment Meeting - January 25, 2023
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Tempe Board of Adjustment Meeting - January 25, 2023
The Tempe Board of Adjustment met on January 25, 2023, at 1:00 PM (evening session). The meeting began with the announcement of the election of Richard Watson as Chair and Jack Confer as Vice Chair, conducted in a prior study session. The board then approved the minutes from December 14, 2022, and heard an appeal from William Gay regarding a hearing officer's decision to authorize a 180-day open abatement at his property at 625 West 3rd Street.
Consent Calendar
- Election of Chair and Vice Chair: Richard Watson was elected Chair and Jack Confer was elected Vice Chair during a study session prior to the meeting, announced by Principal Planner Steve Abraham.
- Approval of Meeting Minutes: The Board voted 4-0 to approve the minutes of the December 14, 2022, meeting.
Public Comments & Testimony
- William Gay (Appellant): Mr. Gay, the property owner at 625 West 3rd Street, argued that the proposed abatement cost of $18,000 was excessive. He stated that the front yard had been cleared and vehicle registration issues resolved. He claimed the backyard is not visible from public view and that the materials present are construction supplies for building a shed. He expressed frustration with the city's code compliance process, alleging collusion between staff and the hearing officer.
- Robert Jones (Mesa, Arizona): Speaking on behalf of Mr. Gay, Mr. Jones noted that Mr. Gay has made significant progress in cleaning the property and that neighbors have not raised concerns. He stated that the situation has been ongoing for an extended period.
Discussion Items
- Appeal of Hearing Officer’s Decision (PL220354/CE223306): The board considered the appeal of the December 6, 2022, hearing officer’s approval of a 180-day open abatement for the Gay residence. Planner Lily Drosos summarized the case: complaints were received, a citation issued, and no contact from the property owner at the hearing officer meeting. Code Compliance Manager Drew Yochum confirmed that the abatement cost should be reduced due to the front yard cleanup, but the exact amount would be determined on-site.
- Board members discussed the cost, the inability to modify the hearing officer’s decision (only to approve or deny the appeal), and the administrative fee. Board Member Keggy supported the hearing officer’s decision, noting the city’s responsibility to address complaints. Board Member Morrow expressed concern about the high cost and potential to waive the 15% administrative fee, but staff clarified that such fees are set by ordinance and cannot be waived. Board Member Confer acknowledged Mr. Gay’s progress but noted the prolonged non-compliance.
Key Outcomes
- Vote on Appeal: The Board voted 6-1 to deny the appeal (Board Member Morrow was the sole dissent), thereby upholding the hearing officer’s decision to approve the 180-day open abatement. The abatement will proceed after a 14-day appeal period, with the actual cost adjusted based on the current condition of the property.
- Next Meeting: The Chair announced there will be no meeting in February 2023; the next potential meeting is in March 2023.
Meeting Transcript
Good evening. My name is Steve Abraham. I'm principal planner with the city of Tempe. I normally don't uh start these meetings, but uh I am this evening. So welcome to the Board of Adjustment for January 25th, 2023. The reason that I'm beginning this meeting is to announce that in our study session this evening. We had a vote uh for a new chair and a new vice chair. And I'm happy to report that uh Richard Watson has been uh uh elected as the chair for the board of adjustment, and Jack Confer is now the vice chair of this board. So I uh will pass off to Mr. Watson to begin the meeting. Thank you. Thank you. Okay, so we'll call the meeting to order. Chair, chair. There we go. We'll call the meeting to order. Uh welcome to the City of Tempe Board of Adjustment Meeting for January 25th, 2023. The City Board of Adjustment is an author is authorized by the Arizona revised statutes and the City of Tempe zoning ordinance. Its function is to grant relief or a literal enforcement of the zoning ordinance would result in an unnecessary property hardship to interpret the provisions of the zoning ordinance ordinance and variances, and to hear appeals from any person or city offici official aggrieved by the decision of the person responsible for the enforcement of the zoning ordinance. That would normally be the zoning uh administrator or the hearing officer, their abasements. Uh the board has the city of Tempe Community Development Staff Summary Reports on the items that are being considered this evening, and we'll use this report uh in the deliberations. Continue on the end. All applicants and interested citizens. Uh when you are request is called or when you wish to address the board, please make sure that you have filled out one of the citizens' request forms located on the table by the doors. Uh then step to the microphone, state your name and city of residence. Please submit the form to a staff member before you begin speaking at the microphone. For today's meeting, we want to introduce the staff that is in attendance. We have Jeff. I'm gonna butcher it, Jeff Tomolvich. Tammy Levich. Pardon me? Tammy Levitch. Temmy Levitch. Oh, sorry, uh Director for of community development. Ryan Levasque, Deputy Director of Community Development. Ryan is on the phone. Um Drew Yochum, Code Enforcement Manager for Community Development. Steve Abranson, the principal planner, Lily Drosos, our planner, Sidney Dietering, planning technician, Jennifer Daniels, administrative assistant, and Eddie Garcia providing media support. So we'll start with a roll call for the members. Let me go ahead and introduce the members. We have board member Morrow to my left, board member Gance, Vice Chair Confer, myself, Richard Watson to my right, board member Keggy, Board Member Palmer, and Board Member Nogle. Okay. Chair Watson, we also have uh Brett Siegel. Oh, we have alternate Brett Siegel in the audience uh for a part of our agenda today. First up first item up will be approval of the meeting minutes for December 14th, 2022. We'll ask Mr. Siegel to come up and sit in so that we can have a vote. So uh we we have uh we need to vote on to approve the meeting minutes from the last meeting. Um I will need to abstain from the vote as I was not present. Uh which board members were present at the meeting.
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