Tempe Board of Adjustment Meeting - April 23, 2025: Variance for Rear Yard Setback Reduction Approved
Tempe Board of Adjustment Meeting - April 23, 2025
The Tempe Board of Adjustment held a meeting on April 23, 2025, to consider a variance request for a detached accessory building at 1659 North Circle Drive. The board voted to approve the variance after hearing public testimony and staff analysis.
Consent Calendar
- Meeting Minutes Approval: The board unanimously approved the meeting minutes from the November 20, 2024 study session and formal meeting.
Public Comments & Testimony
- Kathy (neighbor at 1653 Circle Drive): Opposed the variance, arguing the accessory building was built without permits and is visually intrusive. She stated the building's eave and gutter overhang her yard and that the structure appears oversized given the small lot size. She expressed concern that approving the variance would set a precedent for similar unpermitted structures.
- Lane (neighbor at 1601 North Sun Air Hill): Supported the variance, describing the building as aesthetically pleasing and well-integrated with the neighborhood. He noted that most neighbors support the project and that the building does not create a nuisance.
- Additional public comment: A third speaker (name not specified) supported the applicant, stating the building is not visible from the street and that the neighborhood has rallied behind the project.
Discussion Items
- Variance Request (PL240273): Applicant Toni Powell, joined by her husband Dave, requested a variance to reduce the required rear yard setback from 8 feet to 1 foot for a detached accessory building on their R1-6 zoned property. The building was constructed without permits between 2022 and 2023. The Powells testified that their lot is uniquely narrow at the rear (approximately 6 feet wide at the back property line) and has significant topographical changes (a 36-43 inch grade change from sidewalk to alley). Additionally, a sewer line running through the rear yard further constrains building placement. They intend to use the structure as a home office for one of them who now works from home full-time.
- Staff Report: Principal Planner Lucas presented staff's analysis, noting that the lot's irregular pie-shape, narrow rear, grade changes, and utility location create special circumstances. Staff found that strict application of the 8-foot setback would deprive the property owner of privileges enjoyed by other properties in the district. Three prior variances within 600 feet were cited as precedent. Staff recommended approval with conditions: the variance is valid only for the submitted plans, only after obtaining all required building permits, and that any windows within 3 feet of the property line must be fire-rated.
- Board Deliberation: Board members discussed whether the variance met the four required criteria (special circumstances, no self-imposed hardship, not detrimental to the neighborhood, and consistency with the code's intent). Concerns were raised about potential light and noise impacts, the building's height (15 feet 1 inch at ridge), and whether it could later be converted to an accessory dwelling unit (ADU). Staff clarified that any conversion would require separate permits and compliance with ADU regulations. The board concluded that the unique lot shape, topography, and sewer line constituted special circumstances not self-imposed by the owners.
Key Outcomes
- Variance Approved: The board voted 6-0 to grant the variance subject to staff's recommended conditions. Board member Brett expressed reservations about the building having been constructed without permits but voted in favor, noting the hardship criteria were met.
- Future Meeting Schedule: Staff announced that the next regular board meeting will be held on June 25, 2025; there is no meeting in May. The board also noted a vacancy due to one member stepping down.
- Adjournment: The meeting was adjourned without further business.
Meeting Transcript
So the city of Tempe Board of Adjustment meeting for 2025 now 610. Tempia authorized by statute temp is believed of the zoning result property hardship of the zoning ordinance appeal city officials responsible enforcement. The board has the city of Texas community development staff reports on the considered at this meeting and use in their deliberations. That's fine. Members of the board, we have a quorum. Introduction development director uh Jeff. We have Deputy Director's Attorney Mansfield. We have Diane Kaminsky, the principal planner. Uh tonight we'll be hearing Lucas the planner. And our and Jason and we will try to keep our mic on. Uh during public hearing. Uh when you're working, please make sure you fill down the citizens' request forms. I have uh by the uh when I call your name uh you can step up to the microphone, you'll have three minutes uh the time we have um we have first item is the consideration of the meeting minutes from our last meeting, which was all the way back in November of 2024. Do I board up the meeting? Have a motion regarding that of that meeting of the meeting minutes. I have uh second approved. I have a second. Um all those three. Do I have to not there's the minutes are approved? Second item is the variance to reduce the required setback the required feet to one feet for a detached accessory building and zoning district all residents located at 1659 North Central. First we'll be hearing from the applicant. Do I have the applicant? Good evening. Thank you for allowing us today. We're time, so we will be um Powell, and this is my husband Dave. We are here for the setback variants from eight for the accessible building in our backyard at 1659 North Circle Drive. Just to tell you a little bit uh in our home for 10 years, and I've lived there for the we love hiking to the park time residence. We have pride in our yard. I was told to work from home, which well is terrible. This next in the pantry. Um but we were told office desk and a chair. Um I was hoping our bedroom have a little it hear the dogs. home which well terrible this next in the pantry um but we were told box office desk and a chair um i was hoping our bedroom um little it hear the dogs uh they knew i was there so they do the space is really cramped in addition to getting used to working from home full I couldn't get away from work because right next to uh we office outside of the house would give me privacy and give us extra room for some family and my son also lives with us he has to work in the office when I have cameras required the office in the corner because our yard is shut and it would do to the slopes and the to work with um we have a lot of ex avoid us having to that location have some slides and would like to briefly if you think support our so I speak this uh first one that you can just wanted to give you a glimpse of what it looks like uh and you can situate uh this office or this perfectly with our house with the house it has the same it has the change blends very well not that it from the street or anything but it does very well with the house and it's it's addition to our backyard um second basically gives uh an aerial view of of the perspective of how uh is situated in the I'll go into detail in a second just gives you an back even though they're off this is flat map of lot number six highlighted in green and you can see that it's it's more of a cul de sac so the large part of the lot is in the front of the property and it narrows considerably in the back side of the lot um you can see that the uh surrounding of various in general most of the lots in the neighborhood are shape range 75 to some of them at a hundred feet lots in the neighborhood to way over large portion is in the back see from this our the back of our lot only six feet property in the back shape project in our neighborhood uh all of them are 40 feet we're not necessarily unique is that most that are rectangular 70 to 90 and uh in dimensions this slide here gives a little better perspective of uh then the back this is the plan for the property and see the three highlighted colors the having excuse me in addition to having the narrow back have a terraced or and you can see the highlighted is the portion uh terrain is actually with our alley and the office uh is it on that level it's an at grade with health and the hard scaper highlighted in the are actually sixteen inches lower uh the tier highlighted in yellow where the office is towards the uh two feet by the time you get to the so from the sidewalk to the alley or the low area 36 to 43 inches in uh elevation change and grade change so you can see that um we have these issues severely constrained the the placement of the office it's kind of a minor uh characteristic of the lot is that goes from the the house out to the kind of clip so we're So you can see that we these issues are severely constrained the placement of the office. Is that goes from the house out to kind of clip so we're not to build on top of the sewer line in the event that at some point in the past maybe 15 years the sewer line uh that could go again so we have uh issue building on top of the last two pictures a little more perspective. This is from uh the lower uh get a feel for it with the pathway up to the alley. You can see the office sitting on in that portion of the yard basic understanding of the positioning just you can see the house and and so that just shows that uh this lot has the uh narrowing and the constraints, which really limited us to one of the building. Uh we have general overview. Appreciate you taking the time listening to us tonight and uh to speak as well. So thank you. I had one here. Um the terrace in the backyard. Is that something or is that something you did at some point? It happened when the original C1 bought the house. Now, but it's built up as the fences in the neighborhood that might even really go and already to kind of make it bring it up to more current uh appearances. Uh but yes, uh both sides of the bed appears in place. In addition, the patioscape were was exactly all of that was already there. Okay. Tonight we're here requesting that back from to one foot accessory building zone sixteen feet circle drive. Um in the cavalier tempe uh the accessories in the with without building permits and on Maricopa County area sometime between 2023.
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