Development Review Commission Meeting - December 10, 2024

This meeting of the Tempe Development Review Commission, held on December 10, 2024, at 1:00 PM (UTC), addressed several land use applications. The Commission voted on consent items, heard three contested use permit requests, and made decisions on parking, fencing, and a second-story deck.

Consent Calendar

• Warner Crossing (Item 3A): Approved – Development Plan Review for a ~63,000 sq ft warehouse/office at 1136 West Warner Road.
• Brave Korean BBQ (Item 4C): Approved – Use Permit for entertainment (karaoke) at 1743 East Broadway Road.
• Daudfar Residence (Item 4D): Approved – Use Permit to reduce front yard setback from 20 ft to 16 ft at 223 East Taylor Street.
• Camden Carport (Item 4E): Approved – Use Permit for two parking spaces in front yard setback at 4403 South Poplar Street.
• Palma-Thomson Residence (Item 4F): Approved – Use Permit for two parking spaces in front yard setback at 2124 East Howe Drive.
• Baehr Residence (Item 4I): Approved – Use Permit to reduce front yard setback from 40 ft to 32 ft and side yard from 20 ft to 18 ft at 1037 East Carver Road.
• Vlachos Family Enterprises (Item 4J): Approved – Use Permit for surface parking lot in CSS district at 2525 East Rio Salado Parkway.

Public Comments & Testimony

• Bala Fencing (Item 4A): Michael Doyle (neighbor, 2926 South Bala Drive) opposed the six-foot wall in the front setback, stating it blocks his home's visibility, makes his property feel closed off, and disrupts neighborhood character. The applicant, Brian Hernandez, argued the wall provides privacy and noted a large bush already screens the view.
• Brandenburg Property (Item 4B): No public speakers came forward during the meeting, but three calls in opposition were received by staff citing parking and nuisance concerns.
• Sunset Residence (Item 4G): Two neighbors spoke in support. Lane Caraway (26-year resident) applauded the applicant's improvements and noted confusion over signage but clarified the project is a backyard deck. Nancy Baker (Hancock Drive resident) initially opposed based on a misperceived two-story addition but withdrew objection upon learning it is a deck, supporting enhancement of the neighborhood.

Discussion Items

• Bala Fencing (Item 4A): Staff presented a use permit to allow a six-foot CMU wall already built at 2920 South Bala Drive. The wall is 5.5 ft high (1.5 ft above the allowed height in the front setback). Staff recommended approval with a condition that the wall not be moved closer to the property line. The adjacent neighbor opposed, citing blocked views and disruption of the open character. Commission debated adding a condition for decorative breeze block or height reduction but ultimately voted 4-3 to approve as recommended.
• Brandenburg Property (Item 4B): The applicant requested a use permit to allow two parking spaces in the front setback due to a garage-to-bedroom conversion (creating a fifth bedroom) without permits. Staff recommended denial, citing five of seven approval criteria as not met, including inadequate control of disruptive behavior: the property had seven police calls for nuisance parties, two recent loud party citations, and multiple code enforcement cases for junk and debris. The applicant acknowledged tenant misbehavior but argued the use permit is separate from those issues. The Commission voted 5-2 to approve with a modified condition (changing "may" to "shall" regarding return to the decision-making body after verified complaints).
• Sunset Residence (Item 4G): A use permit for a second-story viewing deck (not an enclosed room) at 1601 North Sunset Drive. Staff found the deck met all setback and privacy criteria; a neighboring property owner signed off on five-foot ficus hedges for privacy. The applicant emphasized the deck will reduce heat gain and provide outdoor space. The Commission voted unanimously to approve.

Key Outcomes

• Bala Fencing (PL230045): Approved 4-3. Condition: wall shall remain at its current location (no closer to the front property line).
• Brandenburg Property (PL240201): Approved 5-2. Conditions include: use permit valid only after building permit for garage conversion; parking limited to two vehicles on improved surfaces; if verified complaints of excessive parking or disruptive behavior occur, the use permit shall be returned to the Development Review Commission for reconsideration (word "shall" substituted for "may").
• Sunset Residence (PL240354): Approved unanimously, subject to staff's standard conditions.
• Next Regular Meeting: January 14, 2025.