City of Tempe Board of Adjustments Meeting - March 25, 2026
City of Tempe Board of Adjustments Meeting - March 25, 2026
The City of Tempe Board of Adjustments convened on March 25, 2026, at 6:00 PM to consider one item: an appeal of an abatement decision for the property at 321 East Beatrice Street, owned by Keith Kelly. The appellant sought additional time to clean up junk, trash, and debris on the property. The board heard testimony from the appellant and city staff, deliberated, and voted to deny the appeal.
Consent Calendar
- The board adopted the minutes of the previous meeting with a vote of 5 in favor and 2 abstentions.
Public Comments & Testimony
- No members of the public other than the appellant addressed the board.
Discussion Items
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Abatement Appeal – 321 East Beatrice Street: Appellant Keith Kelly requested a 30-to-60-day extension to complete cleanup of the property. He stated that two homeless individuals he allowed to stay in the backyard in mid-2025 brought large amounts of junk and debris, and that he was unable to remove their belongings until they were evicted in November 2025 via an order of protection. Kelly argued that the City of Tempe Police Department failed to enforce trespassing laws under Arizona Revised Statute 33-1378, which he believes would have prevented the problem. He reported he has removed approximately three-quarters of the debris and needs more time due to health and financial constraints.
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City Staff Presentation: Senior Planner Robert Mansolillo and Deputy Community Development Director Drew Yochum presented the case timeline. The case began on June 10, 2025, with a complaint. An initial 30-day compliance deadline (July 10, 2025) was not met. Multiple extensions were granted: through July 28, August 15 (citation issued, later disputed with a court date on October 9), then after the court found Kelly responsible, another extension until November 14 (when a notice of intent to abate was issued). A hearing officer approved a 180-day open abatement on January 6, 2026. Kelly filed an appeal on January 20, requesting 60 days. By March 25, 2026, the case had been open 288 days, with 258 extra days beyond the standard compliance period. Staff presented photos showing the property condition in August, November, January, and the morning of the meeting—indicating no significant progress and some deterioration. Staff noted that if the appeal were granted for 30 days, the city would accept that; if denied, the city would still provide a 30-day period before proceeding with abatement. Staff emphasized that the abatement process is a tool for compliance, not punishment.
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Board Deliberation: Board members discussed whether to grant or deny the appeal. They noted that regardless of their decision, the city would allow 30 more days for cleanup. Board members expressed concern that granting the appeal could lead to further delays and that denying would ensure the abatement process moves forward. They agreed that the focus of the board is solely on the abatement and the presence of the violation.
Key Outcomes
- Motion to deny the appeal was made, seconded, and passed unanimously (all in favor, none opposed). The appeal was denied, meaning the abatement process will proceed. Staff indicated that the property owner would still receive 30 days to comply before the city contracts cleanup.
- Meeting adjourned at 6:48 PM.
Meeting Transcript
We will call this meeting to order. It is six o'clock on March twenty-fifth. Welcome to the City Tempe Board of Adjustments meeting for March twenty-fifth, twenty twenty six. The time is six PM. The City of Tempe Board of Adjustments is authorized by the Arizona revised statutes and the City of Tempe zoning ordinance. 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 pro person or city official aggrieved the decision of a person responsible for the enforcement of the zoning ordinance, zoning administrator and hearing officer abatement. The board has the City of Tempe Community Development Staff summary reports on the items being considered at this meeting, and will use these reports in their deliberations. Brett Siegel. And then starting. Sean McCarley. Mary Foy. Richard Dalton. Katie Cross. And staff introductions. Terrible. And Jennifer Daniels, our administrative assistant. And Jeff Wolf is doing media. Jason, I'm sorry, Jason Wolf is doing media. During the public hearing, all applications and interested citizens when your request is called or when you wish to address the board, please make sure you have filled out the one of the citizen request forms located on the table by the doors. Then step to the microphone and state your name and city of residence. Please submit the form to a staff member before you begin speaking at the microphone. For members of the public, you will be given up to three minutes to speak. Staff will assist in monitoring time. Also please note that WebEx chat box is not monitored by staff. Okay. Brett, Andrea. I don't have any additions or corrections, and I'll have to abstain as well. I have no additions or corrections. And do we have a motion to adopt the minutes? I'll make a motion to adopt the minutes. Do we have a second? Second. All right, and uh all in favor, say aye by raising your hand. Uh Andrea, did you say yes or no? I sorry. Sorry, it's right. All right, so we have five and two abstentions. And we have one item um tonight, an abatement appeal. This is a request for an appeal of an abatement decision for the Kelly residents located at 321 East Beatrice Street. The appellant is Keith Kelly. Is he present? All right. Um would you like to come up and make a presentation? Or your argument. I have a question. Yes. Who are the two people that were online? They are they are board members that are not physically present. They are uh only um present in a hearing online. Oh, okay.
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