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Record of Proceedings

Development Review Commission Meeting – December 12, 2023: Lewis Residence Deck Denied

Development Review Commission — Tuesday, December 12, 2023

BodyTempe, Arizona

SessionDevelopment Review Commission

DateTuesday, December 12, 2023

StatusFILED

Video Record

0:00 / 49:18

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0:00

All right, good evening.

0:02

Welcome to the December 12th, 2023 Development Review Commission hearing.

0:08

The 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, including but not limited to all aspects of a proposed and future development.

0:37

The development review commission recognized 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 compatible development that is therefore considered to be in the best interest of public health, safety, and general welfare.

1:05

Any person aggrieved 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.

1:17

Development review commission recommendations to the city council are not final decisions.

1:24

This evening with us tonight to my right, I have alternate commissioner Charles Redman, alternate commissioner Rihanna Corbett, myself, Commissioner Michelle Schwartz, to my left, Commissioner Barbara Lloyd, Commissioner Linda Spears, and Commissioner Joe Forte.

1:43

In the audience, and with us tonight, we have with city staff, Jeff Tamolevich, Ryan Levesque, Maylin Pankowitz, Diana Kaminsky, Chris Jasper, Whitney Mayfield, Joanna Barry, and Eddie Garcia.

2:04

For those of you who are here to speak on an item this evening, we do have comment cards available in the back.

2:10

You just need to fill one out and provide it up here.

2:13

We do have a number of items on our agenda this evening that we intend to put on a consent agenda where we will make one vote for each of those items.

2:23

I will read those for you in a moment.

2:28

All right.

2:30

First item on our agenda this evening is the consideration of meeting minutes for uh study session and regular session of November 14th, 2023.

2:44

I'm looking for a motion.

2:48

All right.

2:52

Uh study session and regular meeting from November 14th.

2:56

Do I have a second?

2:59

I think she was there.

3:01

All right.

3:02

Yes.

3:03

Commissioner Redman.

3:04

I second that.

3:06

All right.

3:06

We have a motion by Commissioner Spears, seconded by Commissioner Redman.

3:12

Now we'll take a vote on the regular and study session meeting minutes for November 14th.

3:17

All those in favor, you can raise your hand.

3:22

Okay.

3:23

We have a vote of four with two abstentions.

3:27

Commissioner Forte and Commissioner Corbett abstaining.

3:35

Right.

3:36

This need this evening on our consent agenda.

3:39

I'd like to read the items that we have on our consent agenda, those being item number three, PL 230296, Santoro residents.

3:52

Item PL 230305 at Tazucman residence.

4:00

PL 230309, Keller residence.

4:07

Item number seven, PL 230339 Ascension Massage Therapy.

4:15

And item PL 230 342.

4:20

Again, if anyone's here and wants to be heard on those items, we will be voting this on one single vote of approval.

4:30

I don't see anyone moving.

4:35

All right.

4:36

And looking at our consent agenda, I'd like to ask for a motion.

4:43

I move for the consent approval of the consent agenda.

4:47

I will second that.

4:49

Sorry.

4:50

All right.

4:51

We have Commissioner Spears with a motion to approve the consent agenda, seconded by Commissioner Forte.

5:00

All those in favor, please signify by raising your hand.

5:05

Consent agenda approved, six to zero.

5:11

All right.

5:12

That leaves us with one item to hear this evening.

5:17

Uh, which is PL230326, the Lewis residents.

5:24

At this time, I like to invite the applicant up to speak to the commission.

5:34

Good evening.

5:37

My name is Nathan Fowler.

5:38

I'm the applicant for Laurie Lewis representing the Lewis residents.

5:42

Um, this is for the use permit for the Zupp use permit for the single story addition of a second story deck to a single family to a single story residence.

5:57

Where's my perfect?

6:00

Uh basic information up here.

6:03

Let me just give you a quick um background as to why we're even here to begin with.

6:09

This is an interesting situation because we're going through this for the second time, even after previous approval.

Discussion Breakdown — Share of Meeting

Zoning and Land Use█████████████████████████████████████████████70%

Community Engagement█████████14%

Procedural██████9%

Public Engagement█████7%

Summary of Proceedings

Development Review Commission Meeting – December 12, 2023

On December 12, 2023, the Tempe Development Review Commission (DRC) held a public hearing to consider a use permit for a second-story walk deck at 921 South Roosevelt Street (Lewis Residence). After public testimony and deliberation, the commission voted 5–1 to deny the permit. Other agenda items were approved on the consent calendar.

Consent Calendar

Approved unanimously (6–0): Approval of meeting minutes (study session and regular meeting of November 14, 2023) with two abstentions (Commissioner Forte and Commissioner Corbett).
Approved unanimously (6–0) on consent: Santoro Residence (PL230296), Atikuzzaman Residence (PL230305), Keller Residence (PL230309), Ascension Massage Therapy (PL230339), and Thera-Med Massage (PL230342).

Public Comments & Testimony

Karen Morrissey (neighbor and president of the neighborhood association) spoke against the deck, citing privacy invasion, noise, potential for large gatherings, and incompatibility with narrow 50-foot-wide lots. She noted that the deck would be one-third the size of her house and that the applicant had not met with her despite claims.
Kathleen Palmer (immediate neighbor to the south, 925 S. Roosevelt) opposed the deck, stating it would overlook her entire backyard, living room, dining room, kitchen, and bedroom window. She argued the deck was not a necessity (the home already has ~2,000 sq ft of living space plus porches and yard) and that privacy screens are not permanent. She urged denial.
Brett Lewis (applicant and owner’s son) explained that the plans were previously approved in 2020 but delayed due to COVID and construction costs. He stated the deck was reduced from 500 to 300 sq ft, and full 360-degree screening was added to address privacy concerns. He argued that the lot is zoned for two-story residences and that noise concerns are speculative.

Discussion Items

Staff Presentation (Diana Kaminsky, Senior Planner): The deck is located on a single-family home in a multifamily zone. The stairwell is placed in the south setback (allowed for external stairs). Staff recommended approval subject to conditions, including raising the height of perimeter walls and prohibiting ficus hedges. Seven neighbors expressed opposition via email or phone.
Commissioner Discussion:
- Commissioner Lloyd noted the narrow lots and potential for nuisance; she appreciated the design of the house addition but opposed the deck.
- Commissioner Forte agreed, citing direct view into the neighbor’s yard and lack of substantive neighbor outreach.
- Commissioner Spears supported the project, noting it is an improvement to the neighborhood and that conditions address privacy.
- Commissioner Redman was torn but ultimately opposed due to neighbor opposition.
- Commissioner Schwartz (chair) noted she had been present for the 2020 case and opposed then; she still felt the deck encroached on the setback.
- A motion by Commissioner Lloyd to deny the use permit was seconded by Commissioner Corbett.

Key Outcomes

Motion to Deny Use Permit (PL230326) passed 5–1, with Commissioner Spears dissenting. The Lewis Residence’s request for a second-story walk deck was denied.
The commission adjourned after announcements, noting this was the last meeting of 2023.

Meeting Transcript

All right, good evening. Welcome to the December 12th, 2023 Development Review Commission hearing. The 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, including but not limited to all aspects of a proposed and future development. The development review commission recognized 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 compatible development that is therefore considered to be in the best interest of public health, safety, and general welfare. Any person aggrieved 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. Development review commission recommendations to the city council are not final decisions. This evening with us tonight to my right, I have alternate commissioner Charles Redman, alternate commissioner Rihanna Corbett, myself, Commissioner Michelle Schwartz, to my left, Commissioner Barbara Lloyd, Commissioner Linda Spears, and Commissioner Joe Forte. In the audience, and with us tonight, we have with city staff, Jeff Tamolevich, Ryan Levesque, Maylin Pankowitz, Diana Kaminsky, Chris Jasper, Whitney Mayfield, Joanna Barry, and Eddie Garcia. For those of you who are here to speak on an item this evening, we do have comment cards available in the back. You just need to fill one out and provide it up here. We do have a number of items on our agenda this evening that we intend to put on a consent agenda where we will make one vote for each of those items. I will read those for you in a moment. All right. First item on our agenda this evening is the consideration of meeting minutes for uh study session and regular session of November 14th, 2023. I'm looking for a motion. All right. Uh study session and regular meeting from November 14th. Do I have a second? I think she was there. All right. Yes. Commissioner Redman. I second that. All right. We have a motion by Commissioner Spears, seconded by Commissioner Redman. Now we'll take a vote on the regular and study session meeting minutes for November 14th. All those in favor, you can raise your hand. Okay. We have a vote of four with two abstentions. Commissioner Forte and Commissioner Corbett abstaining. Right. This need this evening on our consent agenda. I'd like to read the items that we have on our consent agenda, those being item number three, PL 230296, Santoro residents. Item PL 230305 at Tazucman residence. PL 230309, Keller residence. Item number seven, PL 230339 Ascension Massage Therapy. And item PL 230 342. Again, if anyone's here and wants to be heard on those items, we will be voting this on one single vote of approval. I don't see anyone moving. All right. And looking at our consent agenda, I'd like to ask for a motion. I move for the consent approval of the consent agenda. I will second that. Sorry. All right. We have Commissioner Spears with a motion to approve the consent agenda, seconded by Commissioner Forte. All those in favor, please signify by raising your hand. Consent agenda approved, six to zero. All right. That leaves us with one item to hear this evening.

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