City of Tempe Board of Adjustment Meeting - November 19, 2025

The City of Tempe Board of Adjustment convened at 6:00 PM on November 19, 2025, to conduct administrative review, including the approval of meeting minutes and deliberation on an administrative appeal regarding a reasonable accommodation waiver for a group home. The Board unanimously accepted the minutes before addressing the appeal filed by Umavera Living LLC, represented by Kimberly Rodriguez, concerning the property at 1354 East Benthrop Drive. The core dispute involved a request to increase the maximum occupancy of the residential home from five to ten residents, excluding staff.

Consent Calendar

• Approval of Minutes: The Board voted 5-0 with one abstention to accept the minutes of the previous meeting (originally scheduled for January 2025 but corrected to October 29, 2025, by the Chair).

Public Comments & Testimony

• Kimberly Rodriguez (Applicant Representative for Mr. Bayless):
  • Position: Expressed full support for increasing occupancy to ten residents, arguing that a group of ten is clinically necessary for the residents to "thrive" rather than merely exist in a state of isolation or supervision. Rodriguez positioned the waiver as essential to provide a "loving, comfortable, intimate setting" and ensure meaningful therapeutic peer interactions.
  • Key Arguments:
    • Therapeutic Necessity: Cited clinical research and nurse testimony stating that ten residents provide the "critical mass" needed for dynamic group activities, social engagement to slow cognitive decline, and stability for residents with similar functioning levels. Rodriguez contrasted the decline experienced when placed in smaller groups (referencing personal experience with hearing loss) versus larger groups.
    • Compliance: Stated that the property is in full compliance with all fire life safety codes, has installed fire alarms and emergency lighting, and has adequate parking (three spaces) via driveway and garage, noting that residents do not drive as they have physician orders prohibiting it.
    • Residential Character: Asserted that the home will remain residential in character, with no institutional appearance, and that the interior changes (converting four bedrooms to eight) do not alter the exterior look of the home.
    • Precedent: Claimed that the request is materially identical to four recently approved applications, arguing for consistent application of city standards.

Discussion Items

• Robert Mansolillo (Senior Planner, City of Tempe):

  • Position: Stated that the City staff does not support granting the waiver. Mansolillo argued that the applicant failed to meet the approval criteria, specifically regarding the nexus between the disability and the specific need for the larger group size and the impact on neighborhood character.
  • Key Points:
    • Lack of Nexus: Expressed the opinion that the therapeutic benefits cited by the applicant could be achieved with five residents and that the evidence provided was largely anecdotal or based on financial considerations, which are not valid grounds for a reasonable accommodation waiver.
    • Neighborhood Character: Contended that changing the property from a four-bedroom to an eight-bedroom configuration would fundamentally alter the residential character of the neighborhood, increasing impacts on parking, water, and sewer systems, even if residents do not drive (due to visitor traffic).
    • Parking: Noted that an additional parking space would fall within the 20-foot front yard setback, requiring a separate use permit, though the Board was advised this parking issue is procedural and separate from the Board's current scope.
    • Precedent: Clarified that three of the cited "approved" cases were grandfathered in prior to the 2021 ordinance change, while the fourth approval was unique and reviewed on a case-by-case basis; therefore, they were not considered "materially identical" to this request.

• Board Member Miller:

  • Position: Expressed concern that the evidence presented regarding the therapeutic necessity of ten versus five residents was insufficiently specific to the individual population or backed by empirical data, rather than general opinions or anecdotal evidence. Noted that without specific proof that the condition required a group of that size, the request does not meet the "necessary" criterion.

• Board Member Foy:

  • Position: Expressed uncertainty, noting a personal background in group home management where smaller groups (six or fewer) were standard. While acknowledging the compelling nature of the therapeutic arguments, Foy felt the link between the disability and the specific need for ten residents was not adequately demonstrated, fearing that granting the waiver might negate the intent of the city's recent code change (reducing the standard from ten to five).

• Board Member Ap (implied by context of "Eric" and discussions on precedent):

  • Position: Questioned the consistency of the Board's previous decisions and the lack of specific data supporting the claim that ten is required over five. Raised concerns that generalizing that ten is "clinically better" could effectively undo the statutory change.

Key Outcomes

• Motion to Deny: Board Member Ap (implied) made a motion to deny the appeal with personal reluctance; the motion was seconded by a member (identified as Robert in the roll call). All members present stated their positions during the deliberation.
• Vote Result: The Board voted 6-0 to deny the appeal.
• Decision: The request for an appeal of the denial of a reasonable accommodation waiver to exceed the maximum number of residents (no more than five, excluding staff) for Umavera Living LLC at 1354 East Bentrop Drive is denied. The Board concluded that the applicant failed to demonstrate the necessary nexus between the disability and the specific need for a ten-resident capacity.
• Next Steps: The Chair noted that the decision does not preclude the applicant from reapplying in one year or pursuing legal action in court, as the Board's decision does not bind external legal proceedings.