Tempe Board of Adjustment Meeting - July 19, 2023: Appeal of Reasonable Accommodations Waiver for Group Home
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Tempe Board of Adjustment Meeting - July 19, 2023
On July 19, 2023, at 2:15 PM, the Tempe Board of Adjustment convened to consider an appeal of the Zoning Administrator's decision to deny a reasonable accommodations waiver for a group home at 2604 South Siesta Drive. The appellant, Northsight Recovery LLC, sought to increase the number of residents from five to ten. The board voted 5-2 to deny the appeal, upholding the staff's decision.
Consent Calendar
- Meeting Minutes: The board approved the minutes from the June 21, 2023, study session and formal meeting. The motion carried 5-0 with two abstentions (board members not present at that meeting).
Public Comments & Testimony
- No members of the public provided comments.
Discussion Items
- Appeal of Zoning Administrator's Decision (PL220335): The appellant, Northsight Recovery LLC, represented by an attorney, presented their case for a reasonable accommodations waiver to increase the group home occupancy from five to ten. They argued that the increase was necessary to foster therapeutic group dynamics (citing Dr. Irvin Yalom's research on groups of 8–12), provide peer support, and address social determinants of health. The home is a sober living facility, staffed 24/7, and accredited by the Joint Commission. Residents typically stay about 120 days and are not permitted personal vehicles on site.
- Staff (Ryan Levake, Deputy Director of Community Development) explained that the Zoning Administrator denied the waiver because the appellant failed to establish a sufficient nexus between the disability and the requested occupancy increase. Staff also expressed concern that granting the waiver would set a precedent for other group homes (approximately 75 in Tempe) to seek similar increases. The property could legally operate as a group home with up to five residents under current code.
- Board Discussion: Board members raised questions about the square footage (2,000 sq ft, four bedrooms plus a converted garage), parking, fire safety (R4 occupancy requires sprinkler system), and whether the request was for an individual disability accommodation or a business expansion. Some members (Miller, Morrow) supported the appeal, citing the therapeutic benefits of larger groups and the applicant's willingness to upgrade to R4 standards. Others (Kege, Gans, Palmer, Confer, Watson) opposed, arguing the request was not a proper accommodation under the Fair Housing Act, raised concerns about density and precedent, and noted the home could already operate with five residents.
- The appellant confirmed they were prepared to meet all building code requirements for R4 occupancy, including fire sprinklers.
Key Outcomes
- Vote on Appeal: Vice Chair Confer made a motion to deny the appeal. The motion passed 5-2, with board members Kege, Gans, Confer, Palmer, and Watson voting in favor (to deny), and Miller and Morrow voting against (to approve).
- Staff Updates: The board acknowledged the retirement of Principal Planner Steve Abrahamson after 26 years of service. No meeting is scheduled for August 2023; the next meeting is anticipated for September 23, 2023.
- Adjournment: The meeting adjourned following a motion by Vice Chair Confer, seconded by multiple members.
Meeting Transcript
Welcome to the Board of Adjustment, City of Tempe for July 19th, 2023. I would like to start by reading the Board of Adjustment Preamble. So 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 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, uh zoning administrator or hearing uh officer abatements. The board uh has the city of Tempe's community development staff summary reports on the item being considered uh at the meeting today, and we'll use this report uh in our deliberations. All app all applicants and interested citizens uh when your request is called or when you wish to address the board, please make sure that you filled out one of the citizens' request forms located at on the table by the doors, and then step to the microphone, state your name and city of residence. Please submit the form to a staff member uh before you begin speaking at the microphone. I'd like to introduce uh the staff that is here. Um, most of the staff that's here. Um, our director of community development, Jeff Temilevich is not here tonight. We have Ryan Levake, Deputy Director, Community Development, Steve Abrahamson, Principal Planner, Jennifer Daniels, Administrative Assistant 2, and Jason Wolf with our media. So I would like to introduce the board members to my left. We have board member Morrow, Board Member Gans, Board Miguel Member Key. I am Chairman Watson, I have a vice chairman Confer to my right, uh, board member Palmer and Board Member Miller. Okay, so our first item is to approve the meeting minutes uh for the June 21st, 2023 meeting. Um I have a motion for approval. I move to approve. Okay. Move second, second, second. Okay. Approve or motion by board member Palmer or second by board member Kege. Um all those in favor, please raise your hand. Okay, we have a vote of five. We have two abstentions. Uh the two other board members were not here for that meeting. So it'll be five zero with two abstaining. Uh staff announcements. Before we get to the staff announcements, I'd like I would like to announce that our principal planner and gracious leader, Steve Abrahamson, will be retiring after 26 years with the city. We thank you for your service. We thank you for your coaching and the work that you've done as part of this board. It's made my work as as the chair and my participation in the past uh very easy. And and you've done a fantastic job. So thank you. Thank you. Appreciate the kind words. Uh in a way, I'll miss this. So thank you very much. Very welcome. Are there any other staff announcements? Mr. Abramson. I'm sorry. Are there any other staff announcements? Uh we do not have a meeting yet scheduled for August. There is a potential for a variance case from Mr. Jasper. Uh that's the uh I meant to ask you about this before we left the office. I don't think it's gonna make it to that. Okay, so maybe you'll get uh august off and and uh we'll have a September meeting. You'll have a September meeting.
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