Tempe Board of Adjustment Denies Appeal of Abatement for Jordan Residence – Nov 29, 2023
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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.
Meeting Transcript
Thank you. Good good evening, everybody. Going to call the meeting to order. This is the uh Board of Adjustment. We're meeting on November 29th of 2023. Um welcome to the City of Tempe adjustment meeting. Uh this the City of Tempe Board of Adjustment is authorized by AR Arizona Revised Statutes and the City attempted zoning ordinance. Its function is to grant relief where literal enforcement of the zoning ordinance would result in unnecessary unnecessary property hardship. We also interpret provisions of the zoning ordinances and variances and hear hear appeals from any person or city offici official aggrieved by decision. Um at the uh the the planning through the planning uh oh I've lost my spot. Hang on here. And hear appeals from any person or city official aggrieved the decision of a person responsible for the enforcement of the zoning ordinance, which is the zoning administrator or hearing officer abatements. The board has the city of Tempe community development staff summary reports uh in front of us. We've reviewed those, um, and though those will be considered at uh this particular meeting. If there's anybody from the audience that's here to speak to the board, uh please fill out a speaker request form. It's located up here on the on the on the front of the Diaz and submit that to staff. Uh we have I'm gonna do staff introductions. We have Jeff Tamilovich, the uh uh director for community development, Ryan Leviscu, Deputy Director of Community Development, Drew Yokum, Deputy Director of uh Community Enforcement. We have uh Jack Schofield, Senior Code Inspector, Michelle Dahlke, Principal Planner welcome. This is your second meeting, correct? My first official meeting, sir. Thank you. Thank you very much. Uh we have Jennifer Daniels um also joining us from staff, and then we have Jason Wolf with Media. Thank you everybody for attending. We're going to do roll call now. I'm gonna start with we have one online board member uh today. Board members Siegel, if you can start with a roll call and then we'll go with Dr. Miller across the front of the the DS here. Good evening, board member siegel present. Thank you. Uh Robert Miller, present. Kaylee Palmer present. My name is Jack Confer. Ron Kege, present. Kevin Morrow, present. Very good. Thank you very much. Uh we have a quorum and and uh we can go ahead and start with the meeting. Looks like we had a couple of people come in here a little late. Um we'll start with approval of minutes from September 27th of 2023. Uh can I have a motion and a second if there's no changes? I move to approve the minutes. Second. All in favor of approval of the minutes, signify by saying aye. Aye. Aye. Aye. Aye. Motion passes.
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