Board approves five variances for Rees property to allow limited hillside work, septic and eaves, 4-0

The Maricopa County Board of Adjustment voted 4-0 to approve five variances requested for the Rees property (BA250059) in Clearwater Hills to enable construction of a new single-family residence with limited additional disturbance to steep slopes.

Staff described the site as heavily encumbered by natural hillside slopes and noted some existing legally nonconforming disturbance of roughly 15,000 square feet outside the principal building envelope. The applicant requested variances to: (a) permit specified hillside disturbance outside the building envelope (memorializing existing disturbance and allowing less than 1,000 square feet of additional disturbance), (b) allow portions of the sewage disposal system outside the building envelope, (c) permit retaining walls and other structures partially within required side yards to manage drainage and erosion, (d) allow a proposed uncovered outdoor stairway to project 12 feet into the required rear yard where 6 feet is the usual maximum, and (e) permit roof eaves to project up to 5 feet into required setbacks where 2 feet is typically allowed under the MCZL.

Applicant representative Eric Peterson of PHX Architecture said the design keeps the new home substantially within the footprint of the previous residence and seeks to minimize further disturbance by locating the septic and most improvements within the least impactful areas. He told the board the existing retaining walls are extensive, and that added, smaller retaining walls and focused grading would reduce erosion and improve drainage performance. The project team presented that some existing septic components extended offsite and the proposed layout avoids disturbing additional hillside where possible.

Peterson also said the HOA design-review board requested a larger 5-foot eave in the front for aesthetic reasons; the applicant noted the proposed home remains well under applicable height limits and argued the increased eave would not materially alter neighboring views.

Member Baugh moved to approve the application as recommended in the staff report; Member Clapp seconded. The board approved the variances by a 4–0 vote. Staff asked that any approved variance memorialize existing and proposed disturbance extents; the staff report recommended memorializing the total hillside disturbance both existing and proposed outside the building envelope.

The board complimented the applicant on the presentation and wished the owner well in construction.