Tempe Board of Adjustment Meeting - September 27, 2023
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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.
Meeting Transcript
Okay, I'm gonna call the meeting to order tonight. Um it is uh Wednesday, September twenty-seventh. The time is now six PM. Um we're gonna call the meeting the order. Welcome to the City of Tempe adjustment meeting. Um the City of Tempe adjustment is authorized by AR uh Arizona revised statutes and uh city of Tempe zoning ordinances. Its function is to grant relief where literal enforcement of the zoning ordinance will would result in an unnecessary property hardship uh to interpret provisions of the zodin ordinance variances and to hear appeals from any person or city offici official grieved uh by the decision of a reasonable of a person reasonable responsible for their enforcement of the zoning ordinance, zoning administrator or uh hearing officer abatements. The board has the City of Tempe community development staff summary reports uh in-house. We review those. Um we've also reviewed the response that has come in from the applicant. Um, and we will use the report and those materials for our deliberations. Uh some instructions to the board and to the the audience that's presence. All applicants and and interested citizens when your request is called or when you wish to address the board, please make sure that you have a filled out form and you've submitted that to staff. Um the forms are available on the the back table here in the meeting room. Uh then step to the microphone in front when you're called up. State your name, your city, the address of your residents. Um, and again, please submit the f the completed form to staff. Uh we're going to do a a quick introduction of the board members, then we will do staff introductions. Um, if we can just kind of do a roll call, start at the right here, please. Robert Miller. Uh Dave Noggle. Kayleigh Palmer. And I'm Jack Confer, the vice president. Ron Kege. Ricky Lincoln Cans. Staff, Ryan LeVake. Thank you. Jennifer Daniels. And let me go through uh we have in the audience uh Jeff Tamolevich, the director for community development. We don't. Oh, yeah, he's here. Um, Ryan's introduced, Michelle is our new uh staff and planner. Michelle, is it Dowke? Thank you. Thanks for joining us. Uh Jennifer, and then we have Eddie Garcia, which is was which is helping us with communications over here on the right-hand side. Um we do have one board member that's not here tonight, uh, but we do have a quorum, so we can hold the meeting and proceed with the review of this particular matter, and we will do so. Uh the first thing on the item is uh uh the minutes from our last meeting, July nineteenth. If I can have a motion for approval of those minutes with some of the changes suggested by the board, I would appreciate it. Uh Mr. Chairman, I will move to approve the minutes of the are we doing study session first? You we can do them together or separately. Um together. So the minutes of the study session of the of July 17th? 19th. July 19th and the regular meeting of July 19th with changes as presented to staff. Thank you. And do I have a second to the motion? Second. We have a second, thank you very much.
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