Tempe Development Review Commission Meeting - August 26, 2025

The Development Review Commission (DRC) held a regular meeting on August 26, 2025, at 2:15 PM (UTC). The meeting covered approval of minutes, consent agenda items, and a public hearing on a Use Permit for an outdoor smoker at Wild Barbecue. The DRC approved three items on the consent agenda and approved the Wild Barbecue permit with modified conditions.

Consent Calendar

• Meeting Minutes Approval: The DRC unanimously approved the minutes from the August 12, 2025, study session and regular meeting (moved by Commissioner Spears, seconded by Commissioner Lloyd).
• Consent Agenda Items: The following items were approved unanimously via a motion by Commissioner Richter, seconded by Commissioner Tom:
  • Item 4A (PL240446): Use Permit Standards to reduce street side yard setback from 20 to 16 feet and rear setback from 30 to 24 feet for a garage addition at 1307 East Greentree Drive (applicant: Fine Line Designs).
  • Item 4C (PL250201): Use Permit Standard to reduce front yard open structure setback from 15 to 12 feet for the Brand Residence at 1601 North Sunset Drive (applicant: Kathy Brand).
• Withdrawn Item: Item 4B (PL250180) for 315 Loma Vista Drive was withdrawn by the applicant (Mariano Olvera) and not heard.

Public Comments & Testimony

• Connie Farrell (Resident, 904 South Roosevelt): Expressed opposition to the outdoor smoker at Wild Barbecue, citing health concerns from industrial barbecue smoke (lung damage, colorectal cancer), noting that visible smoke is not the only indicator of toxic particles. She also raised parking concerns, stating that Mitchell Street is already flooded with cars from Perfect Pair Bistro.
• Chris Hove (Business owner, Perfect Pair Bistro, Phoenix): Raised questions about recourse if smoke, parking, or other promises are not upheld. He noted that the chimney smoke could affect his business and guests. He also claimed the dining room at Wild Barbecue appeared to have more than 28 seats stated. He expressed general support for the business but wanted mechanisms for accountability.
• David (Applicant team member, property owner): Spoke in support of the applicant, emphasizing that they are hardworking engineers from another country. He downplayed conflicts with Mr. Hove and noted that his own building's warranty had been affected by Hove's vent exhaust.
• Ahmad Abu Ghazal (Applicant, Wild Barbecue): Addressed concerns by reiterating commitment to mitigation measures, long-term filter systems, and good neighbor relations. He stated that whatever comes from Wild Barbecue, they will take care of, and they do not want to harm the neighbors.

Discussion Items

Wild Barbecue Use Permit (Item 4D, PL250242)

• Proposal: A request for a Use Permit to allow outdoor cooking (smoker) at 601 West University Drive in the CSS (Commercial Shopping and Services) zoning district. The applicant, Mo Abu Ghazal (Wild Barbecue), operates a barbecue restaurant that opened in May 2025. The smoker is a 750-gallon fat stack smoker with a 14-foot exhaust stack, using seasoned oak wood (not green wood) with moisture content of 10-15% to minimize smoke.
• Mitigation Measures: The applicant presented a three-tier plan:
  1. Current setup with 14-foot stack, dampers, and dry wood.
  2. Extending stack by 4-6 feet and adding a chimney cap as needed.
  3. Installing a water-based filtration system (cost about $45,000, requires 6 months to procure and install) if complaints arise.
• Staff Presentation (Whitney Mayfield, Planner):
  • The site is at the southwest corner of University Drive and Roosevelt, with residential uses to the south. The smoker is located where distilling operations previously occurred.
  • Staff received three public comments in opposition, citing parking (overflow from Perfect Pair Bistro) and smoke/odor concerns.
  • The applicant offers 28 indoor seats (down from 42 seats at the prior distillery). Operations will be Wednesday-Sunday, with smoker operation from 6 a.m. to 7 p.m. (applicant requested flexibility for a wider window, e.g., 6-8 a.m. start).
  • Staff found that the use meets most approval criteria except criterion #2 (odor/smoke/heat nuisance), but provisionally acceptable given mitigation measures.
• Commissioner Discussion:
  • Commissioner Tom inquired about condition #5 (complaint verification). Staff (Jeff Tamolevich) explained that complaints go to Code Compliance, who investigate from the complainant's property to assess if smoke is excessive. They acknowledged difficulty measuring smoke/odor but noted prior city experience with similar businesses.
  • Commissioner Richter noted that smoking is an allowed fuel source under building code, so other facilities serve as a benchmark for excessive smoke.
  • Commissioner Spears remarked that other restaurants (pizza places, burger joints) generate smoke, so the issue is not unprecedented.
• Applicant Response to Questions: Ahmad Abu Ghazal clarified that the requested wider operation window (6 a.m. to 7 p.m.) is to accommodate employee schedules, not to run the smoker the entire time. He confirmed that smoking will end by 7 p.m. daily.

Key Outcomes

• Motion and Vote: Commissioner Spears moved to approve the Use Permit (PL250242) with modified condition #7 extending smoker operation hours to 6 a.m. - 7 p.m. Commissioner Forte seconded. The motion passed unanimously.
• Conditions of Approval (as noted by staff):
  1. Conditions #1-4: Standard.
  2. Condition #5: Verified complaints (by city attorney's office) could result in reevaluation and potential revocation of the permit.
  3. Condition #6: All dead/missing landscape along street frontage to be replaced.
  4. Condition #7: Smoker operation limited to 6 a.m. - 7 p.m. (Wednesday-Sunday).
• Next Meeting: The next DRC meeting is scheduled for September 9, 2025, with a study session starting at 5:15 PM.