5.A.
Board of Adjustment
- Meeting Date:
- 04/23/2025
- From:
- Dustin Stiffler, Associate Planner
Information
REQUEST:
PZ-25-00052: A request from the property owner, Shawn Burgueno, for a Zoning Code Variance from the setback requirements of Table 10-40.30.030.C: Residential Zones – Building Form and Property Development Standards, of the Zoning Code. This request is to reduce the required front setback from 25 feet to 21 feet, 6 inches. The subject property is located at 720 N Apollo Way, and is zoned Singe-Family Residential (R1).
STAFF RECOMMENDED ACTION:
Staff recommends that the Board of Adjustment approve the proposed variance for a 21-foot, 6-inch front setback for an attached front-loaded garage in accordance with the findings presented in this staff summary subject to conditions.
INTRODUCTION AND DISCUSSION::
The subject property (APN 101-33-009) is an existing single-family residence located on a 7,880 square-foot lot at 720 N Apollo Way. The site takes access from N Apollo Way and is surrounded by the existing Cherry Hill Neighborhood to the west and south, and by the First Baptist Church property to the north and east. The subject property is zoned Single-family Residential (R1) and is not located within any overlay zones. The site is already developed with a single-family residence, attached side-entry garage, front deck, and rear deck.
The existing attached garage is currently accessed via a south-facing side-entry garage door. Because this is a side-entry garage it is permitted to have a 15-foot front setback per Table 10-40.30.030.C footnote 1. The applicant is proposing to add an attached accessory dwelling unit (ADU) above a new garage to be placed along the South side of the existing home. This addition would require the existing garage door to be moved to the front façade of the building to retain vehicle access which would require a 25-foot setback. This south side of the property provides the greatest amount of space to accommodate an attached ADU and garage, and meet the setbacks required for new development.
The existing attached garage is currently accessed via a south-facing side-entry garage door. Because this is a side-entry garage it is permitted to have a 15-foot front setback per Table 10-40.30.030.C footnote 1. The applicant is proposing to add an attached accessory dwelling unit (ADU) above a new garage to be placed along the South side of the existing home. This addition would require the existing garage door to be moved to the front façade of the building to retain vehicle access which would require a 25-foot setback. This south side of the property provides the greatest amount of space to accommodate an attached ADU and garage, and meet the setbacks required for new development.
ZONING CODE REQUIREMENTS:
The applicant is seeking a variance from the minimum front setback found in Table 10-40.30.030.C. Residential Zones – Building Form and Property Development Standards of the Zoning Code to allow the conversion of an existing side-entry garage to a front-entry garage and to accommodate the development of a new ADU above a new single-car garage. In accordance with Table 10-40.30.030.C. Building Placement Standards, new development is required to meet building setbacks from all property lines. The subject property is located within the R1 zone which requires the following setbacks:
Front (minimum): 25’ for parking structures
15' for side entrance garages
Interior Side (minimum): 8’
Rear (minimum): 25’
The proposed new front-entry to the existing garage structure would meet all required setbacks for the R1 Zone except for a small corner of the garage that will maintain a front setback, of 21 feet, 6 inches instead of 25 feet. The new garage with ADU has a similar encroachment and will maintain a front setback of 23 feet, 10 inches.
Front (minimum): 25’ for parking structures
15' for side entrance garages
Interior Side (minimum): 8’
Rear (minimum): 25’
The proposed new front-entry to the existing garage structure would meet all required setbacks for the R1 Zone except for a small corner of the garage that will maintain a front setback, of 21 feet, 6 inches instead of 25 feet. The new garage with ADU has a similar encroachment and will maintain a front setback of 23 feet, 10 inches.
VARIANCE CRITERIA AND ANALYSIS:
Pursuant to A.R.S. Section §9-462.06, the Board of Adjustment is authorized to consider and approve variances from the otherwise applicable provisions of the Zoning Code subject to specific standards or findings. Division 10-20.70 of the Zoning Code establishes the process for applying and the requirements to review and approve a variance application by the Board of Adjustment. The information to be considered by the Board in the approval or denial of a variance application is limited to four (4) criteria specified below. It should be noted that the Board of Adjustment may only consider and apply arguments pertaining to the findings.
A variance shall only be granted if the applicant demonstrates all of the following:
The special circumstances of the site includes an irregular shaped property with a curved front property line. The owner purchased the property with the existing residence at a skewed angle on the property. The property size of 7,880 SF is the smallest property compared to its neighbors. The property is located on a dead-end road, and it is the only property that fronts the dead-end road.
Staff Analysis:
The property is an irregularly shaped 7,880 square-foot lot with a curved front property line along N Apollo Way. The site currently has a single-family residence, attached garage, and attached decks, constructed in the early 1980s. The existing structure sits at an angle on the lot limiting areas for future expansion to the south side of the property. Because the current side entry garage is facing the southern property line the garage must be reoriented to accommodate the new addition. The side entry garage was only required to meet a 15-foot front setback where the new front entry garage will now be required to meet a 25-foot front setback. The majority of both garage structures meet the required 25-foot front setback except for the southwestern corner of each garage due to the curved front property line. The layout of the existing structure is an exceptional circumstance applicable to the property, which was not developed by the current property owner.
Since this is an existing structure and the cost to modify its placement would be too costly, it will not constitute a grant of special privileges inconsistent with the limitation upon other properties in the vicinity and zone in which such property is located.
Staff Analysis:
The adjustment authorized will be the minimum variation needed to accommodate the conversion of the existing structure and will not grant special privileges inconsistent with the limitations upon other properties in the vicinity. The structure to be modified is an existing structure that was not developed by the current property owner. The new garage and ADU will have a similar encroachment on the front setback which falls within allowed 2-foot modification that could be approved administratively. The encroachment of the existing garage exceeds this administrative authority by 1 feet, 6 inches.
The property was purchased in 2023 and the house was existing.
Staff Analysis:
The garage to be modified was existing at the time of purchase in 2023 and was built in the early 1980s. The majority of the existing garage is able to conform with the required front setback with only a small corner impacted by the curvature of the front property line. Visually it will be impossible for a passerby to discern that the garage is encroaching into the setback. The primary purpose for requiring a 25-foot front setback on front entry garages is to ensure that there is sufficient parking area on the driveway in front of the garage (so that cars do not hang out over pedestrian areas or the street). There remains sufficient area in the proposed driveways to accommodate this need.
The use of residential remains the same and will not be changed. The structure will remain in its existing position and will not change the terms of the zone.
Staff Analysis:
The existing use will remain unchanged, nor will any currently nonconforming uses or structures be expanded upon. The terms of the zone will remain unchanged for the entire subject property.
A variance shall only be granted if the applicant demonstrates all of the following:
- That, because of special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of these regulations will deprive such property of privileges enjoyed by other property of the same classification in the same zone;
The special circumstances of the site includes an irregular shaped property with a curved front property line. The owner purchased the property with the existing residence at a skewed angle on the property. The property size of 7,880 SF is the smallest property compared to its neighbors. The property is located on a dead-end road, and it is the only property that fronts the dead-end road.
Staff Analysis:
The property is an irregularly shaped 7,880 square-foot lot with a curved front property line along N Apollo Way. The site currently has a single-family residence, attached garage, and attached decks, constructed in the early 1980s. The existing structure sits at an angle on the lot limiting areas for future expansion to the south side of the property. Because the current side entry garage is facing the southern property line the garage must be reoriented to accommodate the new addition. The side entry garage was only required to meet a 15-foot front setback where the new front entry garage will now be required to meet a 25-foot front setback. The majority of both garage structures meet the required 25-foot front setback except for the southwestern corner of each garage due to the curved front property line. The layout of the existing structure is an exceptional circumstance applicable to the property, which was not developed by the current property owner.
- That a grant of a variance will be subject to conditions to ensure that the adjustment authorized is the minimum variation needed and that it will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located;
Since this is an existing structure and the cost to modify its placement would be too costly, it will not constitute a grant of special privileges inconsistent with the limitation upon other properties in the vicinity and zone in which such property is located.
Staff Analysis:
The adjustment authorized will be the minimum variation needed to accommodate the conversion of the existing structure and will not grant special privileges inconsistent with the limitations upon other properties in the vicinity. The structure to be modified is an existing structure that was not developed by the current property owner. The new garage and ADU will have a similar encroachment on the front setback which falls within allowed 2-foot modification that could be approved administratively. The encroachment of the existing garage exceeds this administrative authority by 1 feet, 6 inches.
- The special circumstances applicable to the property are not self-imposed by any person having an interest in the property; and
The property was purchased in 2023 and the house was existing.
Staff Analysis:
The garage to be modified was existing at the time of purchase in 2023 and was built in the early 1980s. The majority of the existing garage is able to conform with the required front setback with only a small corner impacted by the curvature of the front property line. Visually it will be impossible for a passerby to discern that the garage is encroaching into the setback. The primary purpose for requiring a 25-foot front setback on front entry garages is to ensure that there is sufficient parking area on the driveway in front of the garage (so that cars do not hang out over pedestrian areas or the street). There remains sufficient area in the proposed driveways to accommodate this need.
- The variance will not allow the establishment of a use which: (1) is not otherwise permitted in the zone, (2) would result in the extension of a nonconforming use or structure, or (3) would change the terms of the zone of any or all of the subject property.
The use of residential remains the same and will not be changed. The structure will remain in its existing position and will not change the terms of the zone.
Staff Analysis:
The existing use will remain unchanged, nor will any currently nonconforming uses or structures be expanded upon. The terms of the zone will remain unchanged for the entire subject property.
NOTICE OF PUBLIC HEARING:
The applicant has provided notice by mail of the Board of Adjustment hearing for this application to the property owners within 300 feet of the subject property and has placed a sign on the property. Staff also placed an ad in the Arizona Daily Sun. The notice and sign contain the date, time, and place of the hearing.
As of the date of this report, staff has received (7) emails in support of this variance.
As of the date of this report, staff has received (7) emails in support of this variance.
RECOMMENDATION
Staff recommends that the Board of Adjustment finds that the criteria required for granting a variance have been met, and approve the variance application subject to the following conditions:
- The subject property shall be developed in accordance with the site plan provided by the applicant except that there shall be no further encroachments into the front setback as allowed in Section 10-50.40.020.A of the Zoning Code.