0:21Good evening, everyone.
0:23Welcome to the Development Review Commission regular meeting.
0:27Today is Tuesday, July 28th, 2026.
0:34The Development Review Commission is created to hold public meetings and hearings to provide analysis and recommendations to the city council regarding general land use policies and applications where the commission has recommendatory power and to render final decisions on specified applications where the commission has final decision making power.
0:52The development review commission recognizes that the creation of a desirable environment throughout the city for residents, businesses, and industry is a prime requisite for the interdependence of land values, aesthetics, and good site planning by promoting harmonious, safe, attractive, and competitive development.
1:07That is therefore considered to be in the best interest of public health, safety, and general welfare.
1:13Any person agreed by a final decision of the development review commission may file an appeal to the city council within 14 calendar days after the development review commission has rendered its decision.
1:24Development review commission recommendations to City Council are not final decisions.
1:30Tonight with us on the commission.
1:43Next to Kendon is Linda Spears and Commissioner Charles Redman.
1:48To my far right is now our regular member, Robert Miller.
2:00Tonight with us from staff, I would like to call out uh Jeff Tamolivich, Ryan Levake, Michelle Valky, Chris Jasper, Whitney Mayfield, Warren Rivera, Joanna Barry, and Jason Wolfe.
2:16Anyone wishing to speak on an item tonight, uh please fill out one of these forms and bring it up to the front here to Joan and Barry, and we will hear your comments.
2:27Uh those members of the public wishing to speak will be given up to three minutes to speak, and staff will be monitoring on that timer.
2:36Um first on the agenda, we have consideration of our meeting minutes.
2:42I'll take the first two items together, item two A and two B, development review commission study session and regular meeting minutes from June 9th, 2026.
2:59We have a motion for approval from Ken Jung.
3:07All in favor, please raise your hand.
3:09All right, and that passes unanimously.
3:12And the next two items will be items 2C and 2D, Development Review Commission study session and regular meeting minutes from June 23rd, 2026.
3:21Could I get a motion for approval of those?
3:27We'll spread the both.
3:28Move uh by Commissioner Miller.
3:30Um, is there a second?
3:32Second by Christian Richter.
3:34All those in favor, please raise your hand.
3:36And that passes unanimously.
3:39Um next, I we during our study session, we agreed on a consent agenda.
3:46All these items will be voted on together without hearing each one of these cases.
3:51If anyone here tonight wishes to speak on one of these items, please get my attention after I read out that item.
3:59Uh first up on our consent agenda is item 4A, request use permit to allow live entertainment in the CSS zoning district for Mills Modern Social located at 83 East Broadway Road.
4:11Is anyone here wishing to speak on that item tonight?
4:17Um next item on our consent agenda is item 4B.
4:20Request use permit to allow two required parking spaces within the front yard setback and a use permit to allow an engineered shade structure over the existing driveway for Messinger property located at 504 West 15th Street.
4:32Does anyone here wishing to speak on that item?
4:37Uh item 4C is the next item on our consent agenda, which is request use permit to allow two required parking spaces in the front yard building setback for panio talk, sir.
4:51Uh Panaggio Tacopolis residents.
4:58Uh located at 1421 West 7th Street.
5:00Located at 1421 West 7th Street.
5:01Was anyone here wishing to speak on that item?
5:06Item 4D is request use permit to allow two required parking spaces in the front yard building setback for residents located at 621 West Howe Street.
5:16Anyone wishing to speak on that item?
5:20Next item on our consent is item 4F.
5:23Request a use permit to allow two required parking spaces within the front yard setback for hill garage conversion located at 432 East Garfield Street.
5:34Anyone wishing to speak on that item?
5:38Alright, and then the last item on our consent agenda is item 4G.
5:42Request a use permit to allow a fitness center in the GID zoning district for Red Line Athletics located at 1231 West Warner Road Street 101.
5:52Anyone wishing to speak on that atom?
5:56So our consent agenda will remain as it was discussed in our study session.
6:01Could I get a motion for approval of our consent agenda?
6:04Motion to approve consented consent agenda stated.
6:07And that was moved by Richter.
6:12Seconded by Commissioner Jung.
6:14All those in favor, please raise your hand.
6:17That passes unanimously.
6:20Alright, so the next item that we will be hearing is item 4E.
6:25Request use permit to allow two required parking spaces in the front yard building setback for mom residents located at 1612 East Galen Drive.
6:37And I believe we have the applicant online for that item.
7:27Austin, are you able to hear us?
7:34I believe I was muted from the owner of the meeting, but yes, I can I can hear you.
7:41So if you would like to uh present your case for us this evening, we are next slides.
7:49Yeah, and since you're virtual, if you would like to just tell us um next slide, if you're following along, we can um advance those for you.
7:58Yeah, thank you very much.
8:00Um so my name is Austin Mall, and I'm a I am requesting a use permit for the two uh driveway spaces due to a pre-existing uh carport conversion prior to uh my ownership of the property.
8:16Uh approximately it was around circa 2013.
8:20Um following this use permit request, uh, there will be a subsequent as-built building permit request uh or application in order to make sure that all of the pre-existing uh construction is up to code and everything is uh accepted.
8:39Um we can go ahead to the next slide.
8:44All right, so uh as mentioned this uh the use permit areas for the two driveway spaces in the front left side of the property.
8:54Um what you see with the white wall uh and the two uh the two windows up above.
9:00Um I believe those are transoms.
9:02Uh that area was previously the carport.
9:06Um as mentioned around circa 2013, based off of Google images, uh Google Earth images.
9:13Uh the the existing area there was made into uh livable space.
9:19So based off of the current code, uh there needs to be a use permit in order to accommodate those two parking spaces that were previously in the carport to now be allowed uh and permitted to be used in the driveway as permanent permanent uh spots.
9:37Um so my overall goal is to get this pre-approved or to get a pre to get it approved, as well as uh move over into the uh as built permit process uh for the building permit so I can continue operations as a uh investment rental property.
10:00Thank you for the presentation.
10:02Were there any questions from the commission?
10:09Uh please stay online and we will um we may bring you back for follow-up questions.
10:17Mayfield, if you would like to present for the city.
10:35Uh good evening, uh Chair and Commissioners with E.
10:38Mayfield, City of Temple Canning.
10:40Um I will be uh presenting on the use permit request to allow two required parking spaces in the front yard of uh the mall residents that is zoned R16.
10:55And um as the applicant has already stated, the work has already been completed.
11:02It was completed um sometime between the sometime between 2013 and 2015, um, and the property owner applicant uh purchased the residence in 2022.
11:16And uh 2026 is this year, March 2026.
11:20The correction the code compliance division issued a correction notice for the unpermitted work, and this use permit serves the purpose of um resolving that matter followed by a building permit.
11:36The two spaces will be in the driveway, which is the front yard setback.
11:46Um so here we have the site plan, and with the conversion of the carport to the livable space, it uh brought the bedroom count to four bedrooms and two bathrooms.
12:02I'm sorry, actually the previous before the conversion happened, it had four bedrooms and two bathrooms, and then with the conversion it added the fifth bedroom, um which will I actually go over to the floor plan.
12:17Um to the right are the as built floor plans, which showed what it looked like before, and to the left are the new floor plans that show the fifth bedroom.
12:27Um the kitchen was relocated along with the pantry and the dining room.
12:33And because of the conversion eliminating the on-site parking space, or at least in the carport area, um, it triggers the need for the two required spaces to meet met elsewhere, and in this case, they'll be in the driveway, which is the front yard setback.
12:52With the approval criteria, um the property will remain residential in nature.
12:57It is a rental property as the applicant has already stated.
13:01Um the driveway does have room for two of those basils that will be met in the driveway.
13:07Um and then the lot is about 42 feet wide, and that allows for two spaces for guests to be met on the uh street.
13:16There aren't any current parking restrictions for the street that I can find.
13:22So we found that they met approval criteria number one.
13:25Um the request has already been, I'm sorry, the request in the work has already been completed, um, and I didn't find that there would be any nuisance as a result um because it is remaining as uh residential in character.
13:40And then as far as the contribution, uh the third criteria, we found that it was met as uh the renovation or the conversion of the spaces can be seen as an investment in the property, um, as it is also again retaining the character of the neighborhood.
14:01And we also found that the remaining approval criteria were met.
14:06Um there are some clear story windows that are at the very front where the conversion uh was made and they're integrated into the former carport wall.
14:17Um then with the fifth approval criteria, we found that that was met as the residence is registered as a residential rental, and the uh owner and property management company that the applicant um has will be responsible for maintaining any kind of behavior or um if there are any issues where it becomes disruptive, they'll be responsible for maintaining that.
15:00And then as far as public involvement, no neighborhood meeting was required, but um to date actually as of today we received one comment in opposition citing um concerns of the amount of residents living at the at the residence as well as parking because of how many residents may be living there, and then there was mention of use of the public alley on the opposite side of the street for trash instead of the alley behind the residence itself.
15:19With all of that, uh we found that they did meet the approval criteria, so staff is recommending approval, and there aren't any special conditions.
15:28Um approval for this one.
15:33And I'm happy to answer any questions.
15:43Um you mentioned that this is uh a rental and that it is moved from a four-bedroom into a five bedroom.
15:52Is there any current um this is my lack of understanding of the rental market?
15:59Is there any restrictions around uh three or more unrelated people living in a single property according to the uh Tempe ordinances?
16:09Uh Chair and Sun Zhang.
16:12There is something in our code that restricts the amount of unrelated people living in a residence.
16:21I believe it is up to five, um, and it is in I can't remember if it is our zoning development code or it may be in the city code.
16:30I can have um one of our deputy director or a director answer that.
16:46Chair, Councilmember Council members.
16:52Um Commission members.
16:57Um Commission member uh Young.
17:01I uh the answer to that question is that we do have a section in the code that uh talks about the definition of family, and there's also a definition of of consequences, which basically says that no household can have more than three unrelated people.
17:19And uh we address these issues on a case by case basis.
17:24This as you can probably imagine is a very difficult ordinance to enforce, uh, but we do our best.
17:30So if that answers your question.
17:45Did you have a comment?
17:50Any other questions?
17:52Commissioner Miller?
17:54I just have a question regarding parking.
17:56Um there the request is before us because they they're going to get two spaces in a driveway.
18:03But if they have five residents in the house, where are the other three going to park?
18:09And maybe this is a question for more for Mr.
18:12Um I'm not really familiar with that area too much, but it appears as though the streets are not overly wide.
18:20So it's end up with a lot of congestion out there with uh five residents plus all the other people who have places, and I have no idea how many other rental properties there might be in that area.
18:35So it's just I don't know how we want to deal with it if we have to, but it's just a thought.
18:43Did you have something to add?
18:44No, I was gonna give you an opportunity.
18:47Um Chair and Commissioner Miller, thank you.
18:50Um with the property, I'll actually go back to our site plan because I believe it I believe the right-of-way, so it's a 50-foot right-of-way, and um as I stated earlier, the property uh does have about 42 feet of uh space for guest parking that may be able to accommodate about one to two vehicles.
19:17We also have uh can consider that some people may um opt for alternative modes for transportation as well.
19:28And then I believe you had a second question.
19:31Not really with more comment on on not knowing the number of rental properties that are in that area, so how that might impact parking otherwise.
19:42That's that is not um something that I was that I confirmed during my review.
19:49I don't think it's for me for discussion.
19:55So with a 35-foot-long driveway, it's consumable, they could park tandemly.
20:08No, I believe uh it's based off the depth of the driveway that it wouldn't be able to accommodate another vehicle behind it because it would have been an encroachment to the right of way.
20:22Any other questions for staff?
20:26All right, thank you very much.
20:29Okay, next we will move into our public comment period.
20:33Anyone wishing to speak on this item, please fill out one of these cards and bring it up to the front here.
20:39I do have one card in hand.
20:41Um I like to invite Joel Lynn Brunill.
20:52And if you could please state your name and city of residence for the record.
20:56Thank you, um, Chair Andrew.
21:01My name is Jana Lynn Runillo.
21:03I live at 1615 East Galen, directly across the street from this property.
21:08And I'm glad to meet the uh owner virtually, but I do have a statement.
21:14Can I just go ahead?
21:15Yeah, please go ahead.
21:16You have three minutes.
21:18Um, first of all, um Austin Mom, please contact me.
21:23I'd like to meet you and find out who you are.
21:25I lived across the street road.
21:27I love I lost count after 30 years.
21:29So I've been there a long time.
21:30So there's a rental property right next to me, which would be Kitty Corner or across the street from this property.
21:38Uh, and they're probably getting ready to rent it again.
21:41So we usually have students there.
21:43Uh I don't know, I have to guess how many people have lived right next door, and then across the street, I've seen that house evolve.
21:54Uh there it originally was three bedrooms, and then they usually use the front room as a fourth bedroom, and then they added on to it, and that became fifth bedroom.
22:04There's been students in there over and over again.
22:08Uh I'm gonna read from my statement so I don't forget any everything.
22:12So the changes were made way after whatever you guys said here between 2013 and 2015.
22:18No, it has been a covered cardboard, but it was changed long after that.
22:24So um using Google Maps is not correct.
22:29Um let me read from my statement, and then I have some questions or some comments regarding that.
22:36Um my statement is that I plan to be in attendance.
22:41I live across the street.
22:44Because this poem has been and I expect will continue to be rented to students.
22:49I don't know the property owner, and the owner is not attempted to reach out to me, and I doubt other neighbors.
22:55I have some concerns to express and and doubts about the permit use.
23:08Followed, question mark.
23:09The number of cars parked for the student renters pours across the street and directly impacts my home and street parking.
23:17The number of cars has been excessive, so much so that we've had a renter, I want to say not the one that's there now, but uh who's been there before, a student renter, and I kid you not, coordinated an ASU waterboard skiing uh event for a weekend, and we had a limousine bus parked in the middle of the street with uh by the days in drunken students coming out of there with their water boards, and uh it was a it was a traffic nightmare, huge obstruction uh we've had good student rentals there, and we've had some not so good.
24:01Sorry, sorry to interrupt.
24:02Um the the three minutes is up, and we actually have your full statement here which you were able to read before the the meeting.
24:10Okay, so there is a rental right next to me, which would be right across the street.
24:15It is a a small street, it does get filled up.
24:18Um my concern is that yes, we've had families there before, and I won't tell you about the nightmare 4th of July for the current family living there, shooting off illegal fireworks, but my concern is how many people are gonna be living there?
24:34Okay, is it gonna be cluttering up the streets again?
24:38And those two parking, I mean it's already there.
24:41There's two parking spaces that has been using, but what kind of conditions can be put on that property, and that's basically what I'd like to know from this board.
24:51Thank you so much for your comments appreciate it.
24:56Was there anyone else wishing to speak on this item tonight?
25:00Okay, seeing none, I would like to offer the applicant an opportunity to comment on anything that he would like to comment on.
25:13Thank you, Chairman.
25:14Um Janna, nice to meet you as well.
25:17Uh I hope to meet you in person uh one day as well.
25:19Um and thank you for expressing the concerns.
25:23Um is the the time limit still at about three minutes as well from up for me.
25:31I think it'll take less, but um more or less I would start by saying, you know, since since owning since living in Tempe, I've lived there uh between 2009 and 20 uh 22 or so, 2021.
25:47So a considerable amount of time where I've been a renter myself in houses, living with some roommates, uh transitioning into um uh becoming a uh you know separate property ownerslash investment property owner.
26:01And of course it's had its challenges, but um, you know, coming from Wisconsin uh originally and growing up there, uh one of the main things we always like to do is become friends with our neighbors, make sure that we actually create a a very nice neighborhood where everybody is able to communicate with each other um and express any concerns so that you know we're able to kind of squash things out before um needing to go to through a formal process.
26:29Um think overall that is uh a betterment uh towards relationships.
26:34So uh I will mention uh there were I when I purchased the property back in 2022, um I had gone to each neighbor um and one of to done one of two things an attempt to have a conversation and just let everybody know that I'm the homeowner in or and as well as passing out my phone number.
26:55Um what I had requested was that you know, anyone feel free to reach out uh from reach out to myself to uh address any issues and I'll do my best to try to um resolve them.
27:06Uh I believe your house specifically, uh I was not able to reach you.
27:11Um, you know, maybe you're at work, whatnot.
27:14Um, but I had left these slips of paper with my name and phone number on it, describing the situation.
27:19I left it in the door to each of the residents that I was not able to speak to in person.
27:24Um so an attempt was made, but I do recall I don't believe I was able to talk to you in person.
27:29So um that being said, I I know how difficult it can be uh having renters in a place living near you, as I was one myself.
27:39Now uh during this time of the specific tenants that I believe I know exactly who you're talking about.
27:46Um between August 1st of 2024 and July 31st of 2025, uh I do agree these these tenants um were not the uh most outstanding um stewards to a great a great environment within a neighborhood, uh potentially causing some nuisance and disturbances.
28:07So I do understand this.
28:08And one thing I recognize through the process was because I was a you know landlord self-managed, trying to do things myself and make a uh a good living for myself and my wife with some extra cash flow.
28:21Uh I recognize that I do not have all the skills to uh run a property management company full scale.
28:28So since then uh it was around September or October of last year, 2025, I did realize I needed some help and I've contracted a professional property management company for uh this property, and uh and I intend to keep it that way for as long as I own the property.
28:49Um I really want to run things the right way and not cause any issues.
28:53Uh so that being said, I believe one additional point I wanted to uh address was in your in your uh complaint letter, um it had mentioned that you weren't sure if there were uh families or students there.
29:10And typically um, you know, there are students um in the past, there have been students as you are well aware of.
29:17I think I believe currently right now there's a family there.
29:21Um, however, you know, I don't have any necessary uh necessarily any requirements to have families or students, so I believe that there will be uh both.
29:31However, with this new property management company, um I've been able to audit their processes for uh their applicants, and it is much more rigorous than I had had during my self-managing.
29:44Uh most importantly, uh I've even received messages of prior tenants that have lived with me requesting uh my own input as a prior landlord for this person to make sure that they were in fact a good tenant.
30:00Now that the property management company that I work with right now is that same company, um their formal process is to also do that with previous landlords.
30:07So I'm hoping that um I'm hoping that with those measures taken into consideration, uh I really want to create a better experience for anybody in the neighborhood who might have some complaints.
30:29Okay, and um I I just have a quick question.
30:32Uh I I did notice in the staff report there's requirement for the trees on both sides.
30:38U one of the things that I've noticed looking back at um the Google street view, since there was a question of when uh the conversion occurred, I was looking back through that, and looks like the landscaping has deteriorated over the years as well, and so I'm glad to see that um uh in the staff report that there will be additional landscaping required um as part of this approval.
31:03Um anything else to add, Ms.
31:08No, um Chair, thank you.
31:12Um along with the information that the applicant has shared, um I will note that the family that lives there is uh are the two parents with two children that are under 18.
31:23Um they didn't really give the age range, but I would presume that they are not drivers, and so that may help with the parking along the street and uh leaving that space for guests.
31:41Any questions for Ms.
31:47All right, thank you very much.
31:49Uh with that, we will close the public comment period and move to Commissioner Discussion.
31:56Uh Commissioner Miller.
31:58Oh, I saw you wave at me.
32:09Commissioner Spears.
32:10I move for the approval of PL 260176.
32:16There's a motion for approval by Commissioner Spears.
32:21Second by Commissioner Richter.
32:22All those in favor, please raise your hand.
32:27And that passes unanimously.
32:33The next item is moving on to announcements.
32:38Um item 7A, for those who are new to the commission, uh, any if there's any announcements any commission member may have, this is your opportunity.
32:47Or if you just like to introduce yourself or not, you're welcome to.
32:53Um any city staff announcements?
32:57We will just see you on August 11th.
33:01And next scheduled meeting date is August 11th, 2026, and we are adjourned.