Tempe Board of Adjustment Meeting – January 28, 2026
Tempe Board of Adjustment Meeting – January 28, 2026
The City of Tempe Board of Adjustment held a regular meeting on January 28, 2026, beginning at 6:00 PM. Board members present included Andrea Samashka, Brett Siegel (online), and others. The meeting addressed election of officers, approval of prior meeting minutes, a variance request, and staff updates. The variance request was approved unanimously.
Consent Calendar
- Approval of Minutes: The minutes from the December 17, 2025 study session and regular meeting were approved with a motion by Sean McCarley and a second by Andrea Samashka. The vote was 5–0–2 (two abstentions from board members who were not present at that meeting).
Public Comments & Testimony
- No members of the public requested to speak during the hearing. However, staff noted that one email in opposition was received, expressing concern that approval would set a precedent for accessory dwelling units (ADUs) being built two feet from the property line. Four emails and one letter of support were also received.
Discussion Items
- Variance Request (1309 East Orange Street): Applicant Kate Weed requested a variance to reduce the east side yard setback from five feet to two feet for an existing detached garage built without permits prior to her ownership. The property is zoned R1-6. Staff (Senior Planner Robert Manzalilo) presented findings: the garage was constructed between 1993 and 1996, and the current owner was notified of the zoning violation in 2024. The variance met all four criteria: special circumstances existed (the structure pre-dated ownership, and the seller disclosure did not indicate a violation); strict application would deprive the property of a privilege enjoyed by others (five similar variances were approved within 600 feet); the adjustment does not grant special privileges; and the circumstance was not self-imposed. The east side neighbor, Martin Whedon, expressed written support. The board discussed the precedent and commended the applicant for pursuing compliance. No questions or concerns were raised beyond the single opposition email.
Key Outcomes
- Variance Approved: The board voted 7–0 to approve the variance, subject to standard conditions in the staff report.
- Election of Officers: Mary Foy was elected Chairperson and Sean McCarley was elected Vice Chairperson, both by unanimous voice votes after formal motions.
- Staff Update: The 30-day appeal period for the December 2025 ADU decision had passed. The item will be presented to City Council on March 5, 2026, with a recommendation to vacate the DRC decision as the original applicant withdrew their use permit application after modifying plans.
- Adjournment: The meeting was adjourned by unanimous consent.
Meeting Transcript
Welcome to the City of Tempe Board of Adjustment Meeting for January twenty eighth, twenty twenty six. The time is now six PM. The City of Tempe Board of Adjustment is authorized by the Arizona Revised Statute 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 to hear appeals from any person or city official grieved by the decision of a person responsible for the enforcement of the zoning ordinance. Board members present, starting from my right. Andrea Samashka. And online, we should have Brett Siegel. Do we still have Brett Siegel? We do. And do we have Mary Foy? Mary Foy dropped off and might return. Staff that's here. We have uh I saw Ryan Levesque here. I saw I don't see Eric. We have Diane Kaminsky, principal planner. Uh we have Jennifer Daniels, administrative assistant, Eddie Garcia for Media, Jeff Temilevich, Director of Community Development. Robert, do we have Robert Manzalilo here? Yes, he's hiding, senior planner. During the public hearing, all applicants and interested citizens, when your request is called, or if you wish to address the board, please make sure you have filled out one of the citizens' request forms located in the on the table by the doors. Please give that to Jennifer. And then step to the microphone and state your name, City of Residence. Please give the form before you begin speaking. Members of the public, not the applicant, uh, you will be given three minutes to speak. Staff will assist in monitoring time. Agenda items. Any opposed. Hearing not opposed, the vote carries six to one. Mary Foy will be our new chairperson starting at our next meeting. She's online. Mary, you were just elected chairperson starting at our next meeting. Okay. Thank you. We also have uh a nomination of Sean McCarley for vice chair. We'll say starting at tonight's meeting. Um we have a second. All those in favor signify by saying aye. Aye. Any opposed? Hearing none, the motion carries seven to zero. Congratulations to our new officers. Um the meeting minutes. We have the meeting minutes from our December 17th, 2025 study session and regular meeting. It was a long one. Thank you, Jennifer, for typing that up as always. I don't envy you. Um I skimmed through it. I didn't see anything that jumped out at me. Uh, do I have a do I have a motion to approve the minutes? Uh-oh. For a motion to approve the minutes.
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