Tempe Board of Adjustment Meeting – July 23, 2025: ADU Height Appeal Decision
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
Tempe Board of Adjustment Meeting – July 23, 2025
The Tempe Board of Adjustment met on July 23, 2025, starting at 6:00 p.m. and adjourning at 7:28 p.m., to hear an administrative decision appeal filed by Dawn Sinclair. The appeal challenged the Zoning Administrator’s opinion that a Use Permit is not required for detached accessory dwelling units (ADUs) exceeding the 15-foot height limit previously applied to accessory buildings. The board also considered the Zoning Administrator's dismissal of Sinclair's related appeal of a Development Review Commission (DRC) decision for a specific ADU project on Cairo. After deliberation, the board voted 6-1 to uphold both aspects of the Zoning Administrator's opinion, effectively denying the appeal.
Consent Calendar
- May 28, 2025 Meeting Minutes: Approved by a vote of 5-0, with two abstentions (members who were absent from that meeting).
Discussion Items
- Appeal of Zoning Administrator's Opinion (PL250217): Dawn Sinclair appealed the Zoning Administrator's June 6, 2025 opinion that a Use Permit is not required for ADUs taller than 15 feet, arguing that the Zoning Administrator lacked authority to make legislative changes, violated due process by not providing public notice or hearings, and improperly applied the decision retroactively to block her earlier appeal of the Cairo ADU project. She urged the board to find the Zoning Administrator exceeded his authority and send the matter to the City Council.
- Staff and Zoning Administrator Response: Robert Manzalillo (Senior Planner) and Ryan Levesque (Deputy Director/ Zoning Administrator) argued that the opinion was a valid administrative interpretation to resolve a conflict between the Tempe Zoning Code and Arizona Revised Statutes (ARS 9-461.18), which mandates ADUs as a permitted use and prohibits more restrictive regulations than for single-family dwellings. They noted the code itself states state law controls in conflicts, and that the Zoning Administrator had authority under ZDC 1-303 to interpret and enforce the code. They also argued that Sinclair's original appeal became moot once the Use Permit requirement was determined to be erroneously required, and that she lacked standing to raise due process claims on behalf of others.
- Board Deliberation: Board members discussed whether the Zoning Administrator had authority to dismiss the appeal and whether the interpretation was proper. Member Siegel expressed concern that the retroactive clarification improperly blocked the appeal and that the city had not timely corrected the code, potentially triggering statutory penalties under ARS 9-461.18(F). Other members (Chair Morrow, Foy, Siegel) generally supported the first opinion (ADU height) but were split on the second (dismissal of appeal). The board decided to vote separately on the two opinions.
Key Outcomes
- First Opinion (ADU Height Regulations): The board voted 6-1 to deny the appeal and reaffirm the Zoning Administrator's opinion that a Use Permit is not required for ADU height above 15 feet. The motion was made by Chair Morrow, seconded, and carried with only Brett Siegel voting nay.
- Second Opinion (Dismissal of Sinclair's Appeal for the Cairo ADU): The board voted 6-1 to deny the appeal and approve the Zoning Administrator's decision to dismiss the appeal as moot, with Siegel again voting nay. The motion was made and seconded.
- Future Procedural Issue: The board agreed to discuss deadlines for appellants to submit materials to the board at their next study session, following Sinclair's complaint about lack of timely delivery of her response to the staff report.
- Next Meeting: Scheduled for August 27, 2025.
Meeting Transcript
Good evening. Welcome to the City of Tempe Board of Adjustment meeting for July 23rd, 2025. The time is now 6 p.m. 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 where a literal enforcement of the zoning ordinance would result in an unnecessary property hardship to interpret provisions of the zoning ordinance and hear appeals from any person or city official aggrieved by the decision of a person responsible for the enforcement of the zoning ordinance. The board has the City of Tempe community development staff summary reports on the item being considered at this meeting, and we use this report in our deliberations. Lily Drosos. Katie Cross. Brett Siegel. All right, and we have a quorum. Staff introductions, we have Jeff Tamulevich, Director of Community Development, Ryan Levesque, Deputy Director of Community Development, Clarence Matherson from the City Attorney's Office, Michelle Dahlke, Principal Planner, Robert Manz, Robert Manzalillo, senior planner, uh Jennifer Daniels, uh administrative assistant, uh, Jason Wolf is doing digital communications, not Eddie. And uh also is that it? Did I get everybody? Okay. Uh during the public hearing, all applicants and interested citizens when your uh issue is called um, or if you wish to address the board, make sure you filled out a citizen's request form. This does not apply to the applicant. Um then step up for the microphone and state your name, City of Residents. Um for members of the public, you'll be given three minutes to speak. Monitored by the little lights. Uh agenda items. We first have the consideration of meeting minutes from our board of adjustment meeting of May twenty-eighth, twenty twenty-five. Did anybody have any uh comments or opinions about the minutes? Seeing none, do I have a motion to approve the minutes? Motion to approve. Second. I have a motion and a second. All those in favor say aye. All those opposed. And then do we have any abstentions? I wasn't present at the meeting. So you abstain. And you abstain. Okay, so the motion carries by vote of five to zero with two abstentions. Um we have one administrative decision appeal. It's a request for an appeal to the zoning administrator's opinion that a use permit is not required for height above the maximum height allowed, 15 feet, or detached accessory buildings that are accessory dwelling units, also called ADUs. Uh this is a result of a statutory requirements. Uh the appellant is Don Sinclair. And the project planner is Robert Manzalillo. We will start with the appellant, Miss Sinclair. Um and we've read your uh response to staff report, and we have um copies of that. I want to address the conflicts first. Um, I want to make clear that that Mr. Morrow and I have never met. He may have a case. I'm guessing which case it is. Um, I will say, I hope you are not successful in overturn. Um, but I do not believe that there's any conflict. I see no reason to believe that Mr. Morrow would in any way use the fact that he's on the other side of a case with me that I'm actually not even on anymore. Um I knew Mr.
openpublica.com