Tempe Board of Adjustment Meeting – November 29, 2023

The Tempe Board of Adjustment met on November 29, 2023, to hear an appeal from Aaron Jordan regarding a 180-day abatement approved by a hearing officer on October 3, 2023, for property at 1930 East Minton Drive. The appellant argued insufficient notice and hardships, while staff maintained proper notification and a pattern of violations. After public testimony and deliberation, the board unanimously voted to deny the appeal.

Consent Calendar

• The board approved the meeting minutes from the September 27, 2023, study session and formal meeting. Two members (Siegel and one other) abstained as they were not present at that meeting. The motion passed with four ayes and two abstentions.

Public Comments & Testimony

• Francisco Nahar (speaking from the audience, associated with the Jordan family) testified that the family is actively trying to clean up the property, noting the father works 12-hour shifts and the mother was in a car accident. He requested more time.
• Faith Erickson (daughter of Melissa Jordan) provided emotional testimony about family trauma, including the murder of her grandfather and her mother’s mental health struggles. She alleged that a code inspector, Julie Schofield, made disrespectful comments toward her mother during a previous abatement and requested that inspector not be sent again.
• The appellant, Aaron Jordan, also addressed the board regarding his missed court date, stating he arrived late due to parking issues and had filed an appeal for that citation.

Discussion Items

• Appeal of Hearing Officer’s Decision (Jordan Residence): Aaron Jordan appealed the October 3, 2023, hearing officer’s approval of a 180-day abatement for junk, trash, and debris stored outside enclosed areas on his property at 1930 East Minton Drive.
  • Appellant’s Position: Jordan argued he did not receive proper notification of the hearing officer meeting; he and his fiancée had been monitoring the city’s website but found no posting. He described a difficult personal situation (healthcare night shift work, six children, a car accident) and stated he is actively cleaning up (e.g., draining a pool, renting dumpsters) and does not need city intervention.
  • Staff Presentation (Chris Jasper, Senior Planner): Staff detailed the case history: eight complaints since October 2022, multiple violation notices, a previous abatement in March–July 2023, and a new citation on August 25, 2023, for recurring violations. The notice of intent to abate (dated August 31, 2023) was mailed via first-class mail to the property owner, which is deemed proper under city code. The appellant did not attend the October 3 hearing officer meeting.
  • Staff Response to Board Questions: Drew Yoakum (Deputy Director of Community Enhancement) confirmed that the pool issue was resolved and not part of this case, and that the abatement covers items stored in the open (both front and back yards). The property was brought into compliance after the July 2023 abatement but violations reoccurred by August. The notice was mailed consistently with city procedures; none were returned. The hearing officer’s meeting was publicly posted on the city’s website and at City Hall.
  • Board Deliberation: Board members noted that the appellant’s argument centered on lack of notice. However, staff demonstrated that the notice was mailed to the property address and none were returned. The board found no material error in the hearing officer’s decision, as the city followed its notification procedures.

Key Outcomes

• Motion to Deny Appeal: Dr. Miller moved to deny the appeal, stating there was no material error by the hearing officer. Seconded by another board member.
• Vote: The board voted unanimously (6–0) to deny the appeal, thereby upholding the hearing officer’s approval of the 180-day abatement.
• Next Steps: Staff informed the appellant that a written decision would be sent by mail and email. The abatement process may proceed as early as one week if violations persist, but staff indicated flexibility to allow progress if the property owner continues cleanup efforts.
• Announcements: There will be no Board of Adjustment meeting in December 2023; the next meeting is scheduled for January 24, 2024. The board also recognized outgoing Chair Watson for his service.