Tempe Board of Adjustment Meeting: Variance Denied and Rules Adopted on August 26, 2026
Tempe Board of Adjustment Meeting – August 26, 2026
The City of Tempe Board of Adjustment met on Wednesday, August 26, 2026, at 6:00 PM. The meeting was called to order with six board members present (Mary Foy absent) after a brief technical issue with Board Member Brett Siegel was resolved. The board considered approval of prior meeting minutes, a variance request for an attached accessory dwelling unit, adoption of its rules of procedure, and an executive session.
Consent Calendar
- Approval of Meeting Minutes: The board approved the study session and regular meeting minutes from April 29, 2026. The vote was 5 in favor (Jamiska, Joseph, Cross, Siegel, McCarley) and 1 abstention (Morrow).
Public Comments & Testimony
- John and Debbie Barton (1714 East Citation Lane, adjacent neighbor) spoke in opposition to the variance, stating the request fails to meet the approval criteria, could set unwanted precedent, and expressed concerns about the ADU becoming a rental with on-street parking hazards and inconsistency with neighborhood character.
- Jackie Beals (1620 East Citation Lane, neighbor of 45 years) opposed the variance, noting the applicants’ stated reluctance to build in the backyard despite many other Sunburst Farms properties having rear-yard structures, and questioned the stated need for multigenerational housing given the daughter’s age.
Discussion Items
-
Variance Request (PL260219): The applicants, Simen Marstokk and Michelle Schwartz, requested two variances: reduce the minimum front yard building setback from 35 feet to 28 feet (a 20% reduction) and reduce the minimum front yard open structure setback from 35 feet to 23 feet (a 35% reduction) to construct an attached 682-square-foot accessory dwelling unit (ADU) at 1706 East Citation Lane. The property is in the AG zoning district within the Sunburst Farms Planned Residential Development (PRD). Staff Planner Warren Rivera presented staff’s recommendation for denial, citing that the requested variances do not meet the four criteria in Section 6309 D of the Zoning and Development Code. Staff noted that the PRD already provides reduced setbacks (35 feet front yard, 15 feet side) and that eight alternative locations for the addition exist without requiring variances. The applicants argued that special circumstances—such as the PRD’s lack of open-structure language, a utility easement, and the neighbor’s adult-care facility—justify the request and that 20% reductions are standard use permits elsewhere. Board members discussed the self-imposed nature of the variance, the availability of alternatives, and the precedent set by prior approvals (including one variance to 31 feet at 1710 East Secretariat Drive, though never built). The board questioned whether the first criterion (special circumstances) and fourth criterion (not self-imposed) were satisfied.
-
Adoption of Rules of Procedure: Staff presented updated rules of procedure following a prior study session. The city attorney requested a minor amendment to Section 202G to reference the city clerk’s conflict-of-interest form. The board discussed the form and voted unanimously to adopt the rules with that amendment.
Key Outcomes
- Variance Denied: The board voted 6–0 to deny the variance request (PL260219). The motion carried, meaning the requested reductions from 35 feet to 28 feet (building setback) and 35 feet to 23 feet (open structure setback) were not granted. The board concluded that the criteria for a variance were not met, particularly regarding self-imposed circumstances and the availability of alternative designs.
- Rules of Procedure Adopted: The board unanimously approved the proposed rules of procedure with the amendment to Section 202G regarding conflict-of-interest disclosures.
- Executive Session Authorized: The board voted to hold an executive session in the community development conference room immediately following the hearing.
- Next Meeting: No meeting scheduled for September 2026; the next regular meeting date will be determined.
Meeting Transcript
Good evening and welcome to the City of Tempe Board of Adjustment meeting for August twenty-sixth, two thousand twenty six. Time is now six PM. The City of Tempe Board of Adjustment is authorized by the Arizona revised statutes in the City of Tempe's zoning ordinance. Its function is to grant relief where 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 aggrieved 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 items being considered at this meeting, and we'll use the report in their deliberations. At this time, we'll go through a roll call. Board members, please state your name for the record. The following board member is absent, Mary Foy. Lily Drosos, Sean McCartley, Kevin Morrow. Katie Cross. Brett, are you Brett? Are you online? Brett, do we have you online? Brad, if you can hear us, try to unmute yourself and just give us a okay. Six. Yeah, sorry. All good. I I'm actually I'm new to the city and new to the city attorney's office, so my name's Christina Kinier, and I've been assigned to uh serve you all as your attorney during these proceedings. Welcome. Thank you. But on that profile, he can't unmute himself. Board Member Siegel, it looks like you have two profiles. Can you sign out of one or drop the meeting in one? Should we keep it moving? Okay. Well, we're gonna keep it moving. Uh Brett, if you are able to just chime in when you're able. Also, during the public hearing, due to the possible number of speakers this evening, an extended and an extended agenda for the executive session, we ask that all speakers be concise and on topic to assure everyone has an opportunity to speak. All applicants and interested citizens when your request is called, or when you wish to address the board, please make sure you have filled out one of the citizens' request forms located on the table by the doors. Staff will assist with monitoring time. Also, please note that the team's chat box is disabled for this meeting. Board Member Siegel, can you unmute yourself, please? I I'm here. Sorry about that. Can you hear me? Yes, sir. Yes, we can. All right. With uh member Siegel's uh presentation presence, we can resume the meeting. The next item on our agenda is consideration of the meeting minutes from the April twenty-ninth meeting. Do I have a motion to approve both the study session and the regular meeting minutes from April twenty-ninth motion to approve the meeting minutes? Do I have a second? Second. Thank you. Meeting minutes of the April twenty-ninth, twenty twenty-six study session and regular meeting have been approved. Oh shoot. Uh we're gonna go back and do a vote for the meeting minutes of the study session and the regular meeting minutes from April twenty-ninth. Uh board members Jamiska. Aye. Board member Joseph.
openpublica.com