Tempe Board of Adjustment Meeting - October 29, 2025

The City of Tempe Board of Adjustment convened to address routine administrative items, elect a Vice Chair, and hear an appeal regarding the denial of a reasonable accommodation waiver for a senior care facility. The meeting was chaired by Vice Chair Foy following the election of Board Member Mary Foy to that position. The primary substantive discussion centered on an appeal by the owner of Evergreen Place Senior Care Facilities, seeking to increase resident capacity from five to ten, which was ultimately denied by a unanimous board vote.

Consent Calendar

• Minutes Adoption: The minutes from the July 23, 2025 meeting were adopted with a specific correction noted on page one to fix the misspelling of Board Member Lily Drosos's name.

Public Comments & Testimony

• Lady Nina Torres (Appellant/Owner): Expressed that increasing occupancy to 10 residents is necessary to provide therapeutic community activities (group therapy, communal dining) and essential for proper staffing ratios (24-7 coverage) for residents with cognitive and mobility impairments. She stated that a 5-resident limit makes safe dementia care financially impossible and that the request is based on fair housing access, not financial hardship. She offered to comply with city processes for parking permits and confirmed ownership of plans for fire sprinkler upgrades. She noted that similar 10-resident accommodations have been approved previously in Tempe.
• Board Member Morrow (Absent): None (Absent).
• Board Member Foy (Vice Chair): Expressed skepticism regarding the claim that the request is driven by care rather than financial concerns. She stated she has a hard time believing this is not financially motivated and stated she would not support the request, citing concerns about safety for her own parents.
• Board Member McCarley: Questioned the property modification history and the garage conversion status. She expressed willingness to support the request only if a use permit is obtained for a third parking space in the driveway.
• Board Member Keggy: Expressed concern regarding the property's physical layout (seven bedrooms in 2,241 sq ft), the lack of building permits for modifications, the size of the bedrooms, and the safety implications of a swimming pool with 10 residents having various disabilities.
• Robert Monsole (Senior Staff Planner): Stated that the applicant failed to provide valid justification for the necessity of 10 residents regarding ADA/Therapeutic needs, noting that 5 residents can support social stipulations and dignity. He expressed that the request relies on business operating expenses (profitability) which is not a valid justification under the ordinance. He also noted the property has no residential character due to unpermitted modifications and that the parking location requires a use permit due to front yard setback issues.

Discussion Items

• Reasonable Accommodation Waiver Appeal (Evergreen Place Senior Care): The board deliberated on the appeal of the denial to increase capacity from 5 to 10 residents at 2416 South Evergreen Road. Key points of discussion included:
  • Nexus: The staff and board members contested the link between the residents' disabilities and the need for 10 residents, noting that therapeutic activities and dignity can be maintained with fewer residents.
  • Financials: Staff and Board Member Foy highlighted that the applicant's argument relies heavily on cost efficiency and affordability, which are excluded from consideration under the zoning code.
  • Physical Compliance: Significant concerns were raised regarding the unpermitted conversion from a 4-bedroom to a 7-bedroom home, the adequacy of ADA accessibility in the provided floor plans, the living room capacity for 10 residents, and the safety of a pool facility with 10 disabled residents.
  • Parking: It was confirmed that the property requires three parking spaces, and the proposed driveway placement encroaches into the 20-foot front yard setback, necessiting a separate use permit.

Key Outcomes

• Election: Mary Foy was unanimously elected as Vice Chair of the Board of Adjustment.
• Minutes: Approved with correction.
• Appeal Decision: The request for an appeal of the denial of the reasonable accommodation waiver was NOT APPROVED (unanimous vote: 5-0). This action ratified the Zoning Administrator's original denial of the waiver to exceed the 5-resident limit. The board cited insufficient justification regarding disability necessities, reliance on financial arguments, and unresolved parking/compliance issues as the basis for the decision.
• Next Meeting: Scheduled for November 2025.