Tempe Board of Adjustment Meeting – September 27, 2023

The Tempe Board of Adjustment met on Wednesday, September 27, 2023, at 6:00 PM (local time) to consider a variance request for a property at 918 East Weber Drive. The board also approved meeting minutes from July 19, 2023, and received staff updates. A quorum was present (five members), with one member absent.

Consent Calendar

• Meeting Minutes (July 19, 2023): The board voted 5–0–1 (one abstention from a member who was absent at that meeting) to approve the study session and formal meeting minutes from July 19, 2023, with changes as presented to staff.

Public Comments & Testimony

• No public comments were received from individuals other than the applicant and staff. A neighborhood meeting held on August 17, 2023, was attended by two neighbors who expressed support for the project.

Discussion Items

• Variance Request (PL230128) – HESSWANY RESIDENCE, 918 East Weber Drive: The applicant, Aiman Hesswany, requested a variance to reduce the required side yard setback for an accessory building from 7 feet to 0 feet. The structure (built without permits between 2013–2014) was used as a mechanic shop by the previous owner. The applicant purchased the property in 2022, believing the structure was legitimate based on Maricopa County Assessor records. Code enforcement identified the non-compliance after a complaint about a home occupation (later found to be unfounded). Staff recommended denial, citing that the property did not meet the four-part variance criteria under state statute and city code. Key points from staff analysis:
  • No special circumstances: the lot is a standard key lot within the Powell Place subdivision (platted 1953), consistent with surrounding lots.
  • Strict application would not deprive the property of privileges enjoyed by others; other properties can build compliant accessory structures.
  • Approving the variance would grant a special privilege inconsistent with limitations on other properties.
  • The condition was self-imposed by the current owner, who purchased the property with the non-compliant structure and is responsible for ensuring compliance.
• Board discussion: Members expressed sympathy for the applicant’s good-faith purchase but debated the strict application of the variance criteria. Board Member Keggy noted the structure had been in place for 10 years with no complaints, and the complaint that triggered the review was not about the structure itself. Board Member Miller and Gans supported the variance, citing the open and notorious nature of the structure and the applicant’s due diligence. Board Member Palmer opposed, stating the four-part test was not met and that approval would set a precedent. Board Member Noggle also supported the variance, arguing the self-imposed condition should not apply to a new owner. The board discussed the possibility of a continuance due to a short board, but decided to proceed.

Key Outcomes

• Variance Approved: The board voted 5–1 to approve the variance to reduce the side yard setback from 7 feet to 0 feet for the accessory building at 918 East Weber Drive. The motion was made by Board Member Keggy and seconded by Board Member Gans. The single dissenting vote was from Board Member Palmer.
• Conditions of Approval: Standard conditions as outlined in the staff report will apply, including the requirement for the applicant to obtain building permits and undergo inspections to ensure the structure meets fire and safety codes. The building permit process will evaluate the structure’s compliance with building codes, including fire ratings.
• Next Steps: Staff will prepare a written decision. The applicant will be notified of the approval and must follow up with the city’s code compliance and building safety divisions for permits and inspections.

Chair / Staff Updates

• No updates or additional agenda items were reported. The board welcomed new staff member Michelle Dowke. The next meeting date was not yet scheduled.