Tempe Board of Adjustment Meeting - May 28, 2025
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Tempe Board of Adjustment Regular Meeting – May 28, 2025
The Tempe Board of Adjustment met on May 28, 2025, at 6:00 PM to consider two variance requests and approve previous meeting minutes. The meeting included staff presentations, applicant testimony, and board deliberation.
Consent Calendar
- Approved the Board of Adjustment Study Session and Regular Meeting minutes from April 23, 2025, by a vote of 5–0–1 (one abstention).
Public Comments & Testimony
- No public comments were made on either agenda item.
Discussion Items
- Variance Request 3A – Chuang Residence (1747 East Carver Road): Applicant sought a variance to reduce the rear setback from 30 feet to 13 feet in the AG zoning district to install a 300‑square‑foot cantilevered aluminum pergola (max height 9 feet). Staff recommended approval, citing the lot’s undersized nature (59% of typical AG lot), no special privilege concerns, and neighborhood support (11 attendees at a neighborhood meeting all in favor). The applicant’s representative (Megan, agent) noted the structure is open and would not obstruct views. The board unanimously approved the variance (6‑0).
- Variance Request 3B – Gemini Garage (952 East Gemini Drive): Applicant sought two variances to reduce the rear and side setbacks from 9 feet to 3 feet in the R‑15 zoning district to construct an approximately 1,100‑square‑foot, 19‑foot‑tall detached garage. Staff recommended denial, finding none of the four variance criteria were met: (1) no unique topographical or geographical conditions; (2) no established precedent (only one smaller detached garage variance from 1985 on an irregular lot); (3) the request would grant a special privilege inconsistent with the neighborhood; and (4) the need was self‑imposed (the angled existing garage was a known condition, and alternatives like attaching the garage or reducing height exist). The applicant’s representative (father of the owner) stated the garage was needed for RV, car lift, and storage. Neighbors submitted four letters of opposition and two letters of support. Board members expressed concerns about the structure’s intensity, size, proximity to neighbors, and precedent. The board voted unanimously (6‑0) to deny the variance.
Key Outcomes
- Approved meeting minutes from April 23, 2025 (5–0–1).
- Approved variance for Chuang Residence (6–0).
- Denied variance for Gemini Garage (6–0).
- Next scheduled meeting: June 25, 2025.
Meeting Transcript
Good evening, everyone. Welcome to the City of Tempe Board of Adjustment. Uh meeting for May twenty-eighth, twenty twenty-five. The time is now six PM. The City of Tempe Board of Adjustment is authorized by the Arizona revised statutes and the City of Tempe zoning ordinance. Its function is to grant relief or a literal enforcement of the zoning ordinance would result in an unnecessary property hardship to interpret provisions of the zoning ordinance and to hear appeals from any person or city official aggrieved by the decision of a person responsible for the enforcement of the zoning ordinances. Kevin Morrow's present. Do we have Brett? Brett Sale present. Okay. Some staff introductions. We have uh I think we have Jeff Temuilevich, Director of Community Development, Ryan Levesque, Deputy Director of Community Development. We have Matt Mansfield from the City Attorney's Office, Diane Kaminsky, the principal planner, uh, Chris Jasper Senior Planner, who's presenting tonight. Uh Whitney Mayfield with the planning office, Jennifer Daniels, our admin assistant, and Eddie Garcia, making sure we talk into our microphones. All applicants and interested citizens, uh, when your request is called, or if you wish to address the board, please make sure um if you're a member of the public, make sure you fill out a citizen's request form located on table by the door, give it to Jennifer. Uh, and then we'll invite you up to the microphone, you'll state your name and city of residence, and we'll give you three minutes. Uh please submit the form to a staff member before you s uh begin speaking. I for our first uh so agenda items we have. Next tab. Uh meeting minutes from our April twenty-third meeting. Any issues with the meeting minutes from anyone? No. Do I have a motion to approve the meeting? So moved. I have a motion. Do I have a second? Second. I have a second from uh Brett. All those in favor say aye. Aye. Any opposed, hearing none, and I vote for the abstain. Okay, we've got uh five in favor and one abstention to approve the mean minutes. Uh from April 23rd. Diane, was I supposed to do the separate meeting minutes separately or I think it's then they are both approved. Item three, uh variance requests. We have two variance requests. Uh three A is a variance request for a to reduce the rear setback from thirty feet to thirteen feet for a detached say shade structure. In the AG zoning district for the Chuang residents and East Carver Road. I have been told by staff that the applicant and the property owner are appearing virtually. Do I do we have them? Do we have them virtually, Jennifer? Yes, request to unmute that. Okay. This is the Board of Adjustments. Can you hear me? What is the applicant's name? I can't. Sorry about that. I had to unmute myself there. Perfect.
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