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Board grants hillside-disturbance and septic variances for Bautista property, 4-0
Summary
The Board of Adjustment unanimously approved two variances for hillside disturbance and a septic-system location for the Bautista property in New River, while noting advertised setback requests were not part of the staff cover sheet.
The Maricopa County Board of Adjustment voted 4-0 to approve BA250057, allowing hillside disturbance outside the principal building envelope and placement of portions of a septic system outside the building envelope for a 1.2-acre lot at Circle Mountain Road and Tenth Street in the New River area.
Staff said steep hillside slopes and a significant wash bisecting the parcel limit developable area and constitute a peculiar condition that prevents reasonable development of the lot. The applicant, Melanie Bautista, told the board she and her husband hired a civil engineer and a septic-design professional, revised plans in response to county review comments and sought the variance so they could place a primary residence and septic system in the only feasible locations given the slope, wash and a 30-foot easement on the west edge of the property.
Bautista presented site plans showing the proposed residence sited to work with natural contours, reduce grading, and keep the driveway the shortest practicable distance to the road. The proposed septic field would be outside the wash, remain 50 feet from the wash, about 5 feet from the property line and 10 feet from the house, according to the applicant’s presentation.
During the hearing staff and board members clarified that the zoning setback requests discussed in the applicant’s supplemental materials (reductions from 40 to 30 feet and 30 to 20 feet) were not advertised on the public cover sheet and therefore are not properly before the board at this hearing. Staff advised the applicant she could either proceed with the relief before the board now (the hillside disturbance and septic location) or request a continuance to amend the application and re-advertise the additional setback requests. Bautista stated she wished the board to proceed with the items currently before it.
Member Clapp moved to approve BA250057, citing the staff report’s finding that the hillside slopes create a peculiar condition and that the septic placement demonstrates undue hardship; Member Baugh seconded. The motion passed 4–0.
Staff later noted the supplemental questionnaire did reference the setback requests and advised the applicant that separate or amended filings would be required to consider those setbacks at a future hearing if desired.
