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).