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Record of Proceedings

Tempe Board of Adjustment Meeting – November 20, 2024: Variance Approved for Shade Structure

Board of Adjustment — Wednesday, November 20, 2024

BodyTempe, Arizona

SessionBoard of Adjustment

DateWednesday, November 20, 2024

StatusFILED

Video Record

0:00 / 17:00

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0:58

Welcome to the City of Tempe Board of Adjustment meeting for November 20th, 2024.

1:02

The time is now six PM.

1:05

The Tempe City of Tempe Board of Adjustment is authorized by the Arizona Revised Statutes and the City of Tempe Zoning Code.

1:14

Its function is to grant relief where a literal enforcement of the zoning ordinance would result in an unnecessary property hardship to interpret provisions of the zoning ordinance variances and to hear appeals from any person or city official aggrieved but the decision of a person responsible for the enforcement of the zoning ordinance, the zoning administrator and hearing officer abatements.

1:45

We're gonna do roll call starting from my right.

1:53

Michael McCaffrey here.

1:55

Robert Miller here.

1:57

Kevin Morrow is here.

1:58

Ron Keggy here.

2:02

Sean McCarley here.

2:04

And do we have Mary Coy here?

2:07

We do have Mary uh here virtually.

2:11

Some staff introductions.

2:13

We have Jeff Tamulevich, Director of Community Development, Ryan Levake.

2:22

I'm gonna get it right this time.

2:24

The Deputy Director of Community Development, Diana Kaminsky, Principal Planner, Community Development, Whitney Mayfield, planner, Jennifer Daniels, our administrative assistant, and Jason Wolf on media and Mr.

2:38

Mansfield from the City Attorney's Office.

2:41

You weren't on my list, but you are here.

2:43

Thank you for being up.

2:46

During the hearing, uh all applicants and interested citizens when your request is called, or if you wish to address the board, please make sure you have filled out a citizen request form located.

2:56

Probably talk to Jennifer about that.

2:59

Uh and then when I do a call to the audience, you can step up to the microphone, stay your state your name and city of residence.

3:06

And uh for members of the public, you'll be given three minutes to speak.

3:10

And staff will monitor the speaking time with the three blinking lights.

3:38

I'm gonna try my best, the Rothermel shade structure, and then three is chair and staff updates and announcements.

3:45

So first item, uh minutes from our October meeting, which were kind of long.

3:52

It was a long meeting, as I recall.

3:55

Do I have any comments, criticisms, praise regarding the minute?

4:01

I mean, whoever does the minutes does a great job.

4:04

Um I don't envy you.

4:07

Do I have a motion regarding the minutes?

4:11

So moved.

4:12

Uh what's what is the motion?

4:14

I move to approve the minutes.

4:15

Okay, I have a motion to approve the minutes.

4:16

Do I have a second?

4:17

I have a second.

4:18

I have a second from Mr.

4:19

McCaffrey.

4:20

All those in favor of approving the minute say aye.

4:22

Aye.

4:23

Any any nays?

4:24

Okay.

4:25

Abstain.

4:26

Oh two abstentions.

4:28

Five yeses.

4:34

So the motion carries.

4:37

Second item is the I gotta find it on my chart.

4:44

The second item will be the Rothelmar shade structure variance request.

4:52

Do we know where the media no?

4:54

It uh page ten.

4:55

Okay.

5:00

So this is a request for variance to reduce the required front yard open structure setback from 15 feet to one foot one foot, and a variance to reduce the required side yard setback from five feet to three feet to allow for a detached shade structure for the Rotham all shade structure located at 509 West 15th Street.

5:13

The applicant is free to Rothermill.

5:20

Uh okay.

5:23

So this is your chance to uh address us.

5:29

I'm batting about 500 on my pronunciations.

5:32

No worries.

5:32

Hi.

5:33

Hi, I'm Frieda Rothermel.

Discussion Breakdown — Share of Meeting

Zoning and Land Use█████████████████████████████████████████████62%

Procedural████████████████22%

Engineering And Infrastructure█████████12%

Community Engagement███4%

Summary of Proceedings

Tempe Board of Adjustment Meeting – November 20, 2024

The Board of Adjustment met on Wednesday, November 20, 2024, at 6:00 PM to consider approval of previous meeting minutes and a variance request for a shade structure. The meeting included roll call (seven members present), staff introductions, and concluded with updates and adjournment.

Consent Calendar

Meeting Minutes (October 30, 2024): Approved with 5 ayes and 2 abstentions. No comments or criticisms were raised.

Discussion Items

Variance Request – Rothermel Shade Structure (509 West 15th Street): Applicant Freda Rothermel requested two variances: (1) reduce the required front yard building setback from 15 feet to 1 foot, and (2) reduce the required side yard setback from 5 feet to 3 feet, to allow a detached shade structure on the driveway. The property is in the R1-6 zone (single-family residential) and part of the Campus Homes subdivision. Staff (Planner Whitney Mayfield) noted that the lot has 10 feet of property extending into the right-of-way, creating a shallow depth that makes strict compliance impractical. Two similar variances had been approved nearby. A neighborhood meeting on September 30, 2024, drew seven attendees, all in support; no public comments in opposition were received. Staff recommended approval with standard conditions. The board members had no questions. The applicant expressed gratitude for staff assistance.

Key Outcomes

Variance Approved: The board unanimously approved the variance request as presented (7-0), with the conditions recommended by staff. The chair commented that the design was aesthetically pleasing.
Next Meeting: No meeting in December; the next scheduled meeting is January 22, 2025.
Adjournment: Motion carried 7-0.

Staff Updates & Announcements

Chair reminded that no meeting is planned for December; the next regular meeting is January 22, 2025.
The board acknowledged Michael McCaffrey for his first in-person meeting.

Meeting Transcript

Welcome to the City of Tempe Board of Adjustment meeting for November 20th, 2024. The time is now six PM. The Tempe City of Tempe Board of Adjustment is authorized by the Arizona Revised Statutes and the City of Tempe Zoning Code. Its function is to grant relief where a literal enforcement of the zoning ordinance would result in an unnecessary property hardship to interpret provisions of the zoning ordinance variances and to hear appeals from any person or city official aggrieved but the decision of a person responsible for the enforcement of the zoning ordinance, the zoning administrator and hearing officer abatements. We're gonna do roll call starting from my right. Michael McCaffrey here. Robert Miller here. Kevin Morrow is here. Ron Keggy here. Sean McCarley here. And do we have Mary Coy here? We do have Mary uh here virtually. Some staff introductions. We have Jeff Tamulevich, Director of Community Development, Ryan Levake. I'm gonna get it right this time. The Deputy Director of Community Development, Diana Kaminsky, Principal Planner, Community Development, Whitney Mayfield, planner, Jennifer Daniels, our administrative assistant, and Jason Wolf on media and Mr. Mansfield from the City Attorney's Office. You weren't on my list, but you are here. Thank you for being up. During the hearing, uh all applicants and interested citizens when your request is called, or if you wish to address the board, please make sure you have filled out a citizen request form located. Probably talk to Jennifer about that. Uh and then when I do a call to the audience, you can step up to the microphone, stay your state your name and city of residence. And uh for members of the public, you'll be given three minutes to speak. And staff will monitor the speaking time with the three blinking lights. I'm gonna try my best, the Rothermel shade structure, and then three is chair and staff updates and announcements. So first item, uh minutes from our October meeting, which were kind of long. It was a long meeting, as I recall. Do I have any comments, criticisms, praise regarding the minute? I mean, whoever does the minutes does a great job. Um I don't envy you. Do I have a motion regarding the minutes? So moved. Uh what's what is the motion? I move to approve the minutes. Okay, I have a motion to approve the minutes. Do I have a second? I have a second. I have a second from Mr. McCaffrey. All those in favor of approving the minute say aye. Aye. Any any nays? Okay. Abstain. Oh two abstentions. Five yeses. So the motion carries. Second item is the I gotta find it on my chart. The second item will be the Rothelmar shade structure variance request. Do we know where the media no?

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