Development Review Commission – March 22, 2022

The Development Review Commission (DRC) held a public hearing on Tuesday, March 22, 2022, beginning at approximately 2:00 PM. The meeting included approval of previous minutes, a consent agenda, and two major agenda items: a use permit for a second-story addition to a single-family residence (The Hale Residence) and a code text amendment to permit beauty salons and barber shops as home occupations. After discussion and public testimony, the DRC voted to deny the Hale Residence use permit and unanimously recommended approval of the code text amendment to the City Council.

Consent Calendar

• The minutes for the February 8, 2022 study session and regular meeting, and the February 22, 2022 study session and regular meeting, were approved by a vote of 6‑0 (Commissioner Lloyd abstaining for meetings not attended).
• The consent agenda, which included items 1 through 4 as read, was approved unanimously (7‑0).

Public Comments & Testimony

• Item 6 – Hale Residence: One member of the public, Tom Brown (Tempe resident, former DRC member), spoke in opposition. He stated the building has “every appearance of being a multifamily home” disguised as a single-family home and expressed concern that future conversion to a boarding house could lead to excessive traffic and parking on a narrow street.
• Three written public comments were received: from Jim Bland (privacy concerns due to second-story deck and windows), from Tom Brown (concerns about number of kitchens, bedrooms, bathrooms), and from Jeff Harkrow (who supported completion of the project but had no objection to the second story).

Discussion Items

1. Item 6 – Request for Use Permit: Second-Story Addition to The Hale Residence (PL210353)

• Applicant: Whitney Hale, owner and architect, presented his case. He explained that his property is zoned R‑4 (multifamily) and that a 40‑foot height is permitted. He designed the home as a transition from nearby 40‑foot apartments to single‑family homes to the south. He stated the home is for his extended family (five adults, elderly mother) and that parking for four vehicles is provided via two tandem driveways. He noted the original building permit did not include a second story; he applied for a use permit in 2020, which was denied by the DRC and later by City Council on appeal. He re‑applied after the required one‑year waiting period.
• Staff Presentation: Senior Planner Lee Jimenez summarized the history and staff analysis. Staff recommended denial because the floor layout (multiple kitchens, seven bathrooms, exterior doors) suggests potential for multifamily use that does not meet use‑permit criteria (compatibility, neighborhood character). Alternatively, staff offered seven conditions of approval to mitigate impacts, including removal of second‑story decks, removal of the second kitchen and second bathroom, elimination of the east curb cut, and restriction of south‑facing second‑story windows to clearstory only.
• Commission Discussion: Multiple commissioners expressed concerns that the design (seven bathrooms, multiple kitchens, exterior exits) could easily be converted into a boarding house. Commissioner Lloyd noted the house is half‑finished and inclined to support with conditions, but the applicant declined all conditions. Commissioner Sumners cited parking as a major concern. Commissioner Amarosi stated the design makes the property “inviting to cash investors” for future conversion. Commissioner Redman questioned the speculative nature of future use but ultimately abstained. The applicant stated he would rather keep his current design (including the deck and internal layout) than accept the conditions for 285 square feet of mezzanine space.
• Vote: Motion to deny the use permit was made by Commissioner Lloyd, seconded by Commissioner Sumners. The motion passed 6‑0, with Commissioner Redman abstaining. The applicant was informed of the 14‑day appeal period.

2. Item 9 – Code Text Amendment: Home Occupations for Beauty Salons and Barber Shops (PL200216)

• Staff Presentation: Planner Diana (remote) presented the proposed amendment to Section 3412 of the Zoning and Development Code. The changes would allow beauty salons and barber shops as home occupations with specific limitations: up to two client stations, no structural alterations, sign type B (1 square foot in single‑family zones), and adherence to existing parking and employee requirements. A pilot program had been operating during the pandemic. A neighborhood meeting on February 24, 2022 drew three participants and a survey received 18 responses, with 89% support. Staff recommended approval.
• Commission Discussion: No questions or concerns were raised. Commissioner Sumners noted the pilot “out of COVID, something good happened.”
• Vote: Motion to recommend approval to City Council was made by Commissioner Cassano, seconded by Commissioner Amarosi. Unanimous vote (7‑0). The item is expected to go to City Council in April or May 2022.

Key Outcomes

• Denial of Use Permit (Item 6): The DRC voted 6‑0 (1 abstention) to deny the Hale Residence use permit for a second‑story addition. The applicant may appeal to City Council within 14 calendar days.
• Recommendation for Code Amendment (Item 9): The DRC voted 7‑0 to recommend approval of the code text amendment allowing beauty salons and barber shops as home occupations, subject to the conditions described.
• Announcements: It was noted that the O’Connor Residence use permit (continued from a previous meeting) had been withdrawn by the applicant. Commissioners discussed planning a field trip to tour downtown projects, ADUs, and high‑rise buildings in April, with a doodle poll to be circulated.