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Record of Proceedings

Tempe Board of Adjustment Meeting - September 25, 2024

Board of AdjustmentWednesday, September 25, 2024
BodyTempe, Arizona
SessionBoard of Adjustment
DateWednesday, September 25, 2024
StatusFILED
Video Record

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Transcript — Verbatim
1:18

Good evening.

1:19

Welcome to the City of Tempe Board of Adjustments meeting for September 25th, 2024.

1:24

The time is now six p.m.

1:26

The City of Tempe Board of Adjustment is authorized by Arizona revised statutes in the City of Tempe zoning ordinance.

1:49

Usually the zoning administrator or hearing officer.

1:53

The board has the City of Tempe Community Development Staff Summary Reports on the items being considered at this meeting, and we use these reports in their deliberations.

2:21

We have six board members present.

2:28

He forgot about the meeting.

2:42

Diane Kaminsky, Principal Planner, Chris Jasper, senior planner.

2:53

From the city's attorney's office, we have Clarence Matherson and Matt Mainsfield.

2:59

We have uh Drew Yokum, the deputy director, somewhere.

3:05

Oh, he was hiding.

3:07

Uh we have Jack Schofield uh from Code Enforcement, Josh Biles from uh sales tax, Mike Baxley from Building Safely, building safety, uh David Basick from the David Fasick from the fire department, and Commander Hale is online from the Tempe Police Department.

3:28

Um until Dr.

3:29

Miller is here, we have a short board.

3:32

Uh the concurring vote of four board members is necessary to make a decision on any application, regardless of the number of members.

3:38

Uh therefore applicants have the option to proceed or ask for continuance to the next regular scheduled meeting.

3:44

If we are still short at that time.

3:59

Uh, then give them to Jennifer.

4:00

I already have one.

4:03

Uh you'll be given three minutes to speak, and staff will assist in monitoring the time.

4:08

Uh agenda items.

4:10

We have five items on our agenda.

4:12

We're gonna start with the election of officers.

4:15

We have two positions to elect, the position of chairman and the position of vice chairman.

4:22

Do we have any discussion nominations?

4:26

Grievances.

4:28

I'm ready.

4:29

Ready?

4:30

I'm ready to make a nomination.

4:31

Okay.

4:32

I nominate Kevin Morrow for chair.

4:34

And nominate Kaylee Palmer for vice chair.

4:38

I will second.

4:40

Should we, Diane?

4:41

Should we do them each one at a time?

4:44

Okay.

4:45

So let's start with the nomination for chair of myself.

4:48

Perfect.

4:49

That works.

4:49

So I have a nomination and a second.

4:51

Uh all those in favor, uh say aye by raising your hands.

4:55

Aye.

4:56

That's five in favor, I'll abstain.

4:58

So that's five in favor, none against one abstention.

5:01

And so now I'm the chairman.

5:04

Second act is nomination for vice chair.

5:07

I nominate Kayleigh Parker Palmer.

5:09

Sorry.

5:10

For vice chair.

5:10

I will second that.

5:13

We have a nomination and a second.

5:14

All those in favor say aye by raising your hands.

5:17

Aye.

5:17

We have five in favor, none against.

5:20

Are you gonna abstain?

5:21

And one abstention.

5:22

Kaylee, you were now the vice chair.

5:24

Conveniently sitting in the right spot.

5:27

All right, we now have our election of officers.

Discussion Breakdown — Share of Meeting
Cannabis Regulation███████████████████████████████████████39%
Zoning and Land Use██████████████████████████████████34%
Procedural███████████11%
Code Enforcement███████7%
Legal Process███3%
Public Health██2%
Youth Programs██2%
Public Engagement██2%
Summary of Proceedings

Tempe Board of Adjustment Meeting - September 25, 2024

The Board of Adjustment held a formal meeting on Wednesday, September 25, 2024, starting at 6:00 PM and adjourning at 7:05 PM. The board considered five agenda items, including election of officers, minutes approval, a continuance request for a tobacco retailer variance, a variance to reduce the separation requirement for a vape shop, and a variance for residential setbacks. The board consisted of seven members for most votes.

Consent Calendar

  • Election of Officers: Kevin Morrow was elected Chair (5-0-1 abstention), and Kaylee Palmer was elected Vice Chair (5-0-1 abstention).
  • Approval of Minutes: Minutes from the May 22, 2024, meeting were approved (5-0-1 abstention).

Public Comments & Testimony

  • Darlene Justice (North Tempe resident): Expressed opposition to the Red Star Vapor variance, arguing that the ordinance exists to protect youth from vaping and that approving a 30% reduction in the required separation distance would weaken the city's standards. She also noted the applicant received incorrect information from the city but stated that does not justify granting the variance.

Discussion Items

  • Item 6 – Exhale Society Variance (PL240244): The applicant, represented by attorney John Gillespie of Rose Law Group, requested a continuance because the lead attorney, Ryan Hurley, was ill. The variance seeks to reduce the separation requirement between a tobacco retailer (a consumption lounge) and a public school from 1,320 feet to 250 feet. Staff noted ongoing code violations, lack of a certificate of occupancy, and two citations (one already in court). The board discussed concerns about continued operation without a variance. The continuance was approved (5-2) to the October meeting, with the condition that the applicant must have representation ready.
  • Item 4 – Red Star Vapor Variance (PL240156): Applicant Michael Williams requested a reduction from 1,320 feet to 900 feet for a vape shop at 904 N Scottsdale Road, due to a charter school (Budsman Charter School) within 1,320 feet measured lot-line to lot-line. Staff planner Lucas Jensen recommended denial, stating that strict application of the code treats all properties equally and granting would constitute special privilege. A public comment card from a neighbor (Kim) opposed the variance. After debate, the board approved the variance (5-2), with some members citing the applicant's reliance on incorrect city staff advice and the presence of a grandfathered hookah lounge in the same plaza as the school.
  • Item 5 – 1701 E Secretariat Variance (PL240182): Applicant Justin Dahl-James (architect and owner) requested two variances to legalize existing non-conforming structures: reduce side yard building setback from 15 ft to 7 ft for an attached garage and future addition, and reduce accessory building setback from 3 ft to 2 ft for a pre-existing detached structure. Staff planner Chris Jasper recommended approval, noting special circumstances due to a historical property line assumption and numerous similar variances in the Sunburst Farms subdivision. The board approved unanimously (7-0) subject to conditions (e.g., fire rating if the accessory structure is converted to livable space).

Key Outcomes

  • Item 6 (Exhale Society): Continuance approved (5-2) to the next regular meeting in October.
  • Item 4 (Red Star Vapor): Variance approved (5-2), allowing reduction from 1,320 ft to 900 ft. The applicant must still obtain a use permit through the Development Review Commission.
  • Item 5 (Secretariat): Variances approved (7-0) with conditions.
  • Staff announced the next meeting will include the Red Star (now approved) and Exhale Society cases, plus a new variance for a front yard shade canopy.
  • The board thanked outgoing Chair Jack Schofield for his service (certificate of recognition presented).

Meeting Transcript

Good evening. Welcome to the City of Tempe Board of Adjustments meeting for September 25th, 2024. The time is now six p.m. The City of Tempe Board of Adjustment is authorized by Arizona revised statutes in the City of Tempe zoning ordinance. Usually the zoning administrator or hearing officer. The board has the City of Tempe Community Development Staff Summary Reports on the items being considered at this meeting, and we use these reports in their deliberations. We have six board members present. He forgot about the meeting. Diane Kaminsky, Principal Planner, Chris Jasper, senior planner. From the city's attorney's office, we have Clarence Matherson and Matt Mainsfield. We have uh Drew Yokum, the deputy director, somewhere. Oh, he was hiding. Uh we have Jack Schofield uh from Code Enforcement, Josh Biles from uh sales tax, Mike Baxley from Building Safely, building safety, uh David Basick from the David Fasick from the fire department, and Commander Hale is online from the Tempe Police Department. Um until Dr. Miller is here, we have a short board. Uh the concurring vote of four board members is necessary to make a decision on any application, regardless of the number of members. Uh therefore applicants have the option to proceed or ask for continuance to the next regular scheduled meeting. If we are still short at that time. Uh, then give them to Jennifer. I already have one. Uh you'll be given three minutes to speak, and staff will assist in monitoring the time. Uh agenda items. We have five items on our agenda. We're gonna start with the election of officers. We have two positions to elect, the position of chairman and the position of vice chairman. Do we have any discussion nominations? Grievances. I'm ready. Ready? I'm ready to make a nomination. Okay. I nominate Kevin Morrow for chair. And nominate Kaylee Palmer for vice chair. I will second. Should we, Diane? Should we do them each one at a time? Okay. So let's start with the nomination for chair of myself. Perfect. That works. So I have a nomination and a second. Uh all those in favor, uh say aye by raising your hands. Aye. That's five in favor, I'll abstain. So that's five in favor, none against one abstention. And so now I'm the chairman. Second act is nomination for vice chair. I nominate Kayleigh Parker Palmer. Sorry. For vice chair.

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