Maricopa County Board of Adjustment approves multiple variances and two seasonal fireworks sales; two cases continued to July

Maricopa County Board of Adjustment members on June 19 approved a series of variances and two temporary seasonal fireworks sales requests, and continued two variance cases for further applicant revisions.

The board, chaired for the meeting by the acting chair, voted unanimously (4–0) on each approval recorded that day. Approvals included two temporary use permits for seasonal fireworks sales (Red Hot Fireworks at 812 E. Carefree Highway and a Phantom Fireworks tent at the Fry’s in Anthem), and multiple residential variances ranging from lot‑width relief to increases in permitted lot coverage and reduced rear- or side-yard setbacks.

The approvals matter because they allow property owners and businesses to move forward with construction or short-term retail activity subject to conditions recorded in staff reports and the county’s roll-call votes. The fireworks approvals are time-limited and include standard safety and permitting conditions; most variance approvals memorialize relief from Maricopa County zoning rules for specific Assessor’s Parcel Numbers (APNs).

Key actions and outcomes

- TU250020 (Red Hot Fireworks, 812 E. Carefree Highway): Approved 4–0. Joanna Noriega, chief operating officer for Red Hot Fireworks, told the board the business holds a signed lease and a $1 million liability policy covering the property owner and Maricopa County. Staff reported one written opposition from a registered area of interest; staff recommended approval based on prior seasonal operations and compliance history.

- TU250028 (Phantom Fireworks at Fry’s, Anthem): Approved 4–0. Phantom regional manager Joey Witter said the tent footprint is smaller than other temporary operations in the county and that sales staff will secure merchandise overnight in a metal storage container. Witter noted Arizona law restricts firework purchases to persons 16 and older and described safety measures the vendor will use.

- BA250025 (Sunset Cove Investments LLC, 3902 W. Kayenta Trail): Approved 4–0. The board approved a maximum lot coverage of 28% (staff had noted the request relates to a porte-cochere connecting a primary residence and an accessory dwelling unit).

- BA250027 (Chavez parcel, APN 311039 A): Approved 4–0. The board memorialized a reduced lot width of 136 feet where 145 feet is normally required; staff said the substandard width resulted from an unregulated land division circa 1985 and noted the owner had sought to buy adjacent land but was unable to reach an agreement.

- BA250028 (Bailante property, Sonoran Ridge Estates Unit 2): Approved 4–0. The board granted relief to allow proposed lot coverage above the recorded buildable envelope and to permit pool-related disturbances outside the building envelope; staff explained the lot is within a floodplain and the plat contains a restrictive plat note intended to manage off-site flows.

- BA250031 (Bender residence, Rio Verde): Approved 4–0. The board approved reduced west side setback (to 0 feet from 5 feet), a reduced rear setback (to 8 feet from 20 feet), and increased lot coverage to 70% to accommodate a golf-cart garage, storage room, and a trellis patio cover; staff reported the HOA supports the request.

- BA250032 (Obregon, Buckeye): Approved 4–0. The board approved an increased rear-yard coverage of 50% to allow a three‑bay RV garage and attached accessory dwelling unit; staff noted the structure sits about 10 feet from the rear property line.

- BA250034 (Brown property, Rio Verde): Approved 4–0. The board approved a reduced front setback for an attached golf-cart garage; the applicant said the work will create space for a woodworking shop and that the structure is intended for small vehicle storage rather than a car.

- BA250037 (Lord Shade Company / Lord residence, Sun City West): Approved 4–0. The board approved a reduction in rear-yard setback to permit a 16-by-9-foot attached awning; the project comes with HOA approval and staff noted that a detached structure with standard footings would have different engineering constraints.

Continued items and board direction

- BA250002 (Thompson property, Apache Junction area): Continued to the July meeting to allow the applicant to resubmit revised plans. The applicant had requested rear-yard coverage up to 64% to accommodate a proposed 7,200-square-foot accessory structure. Board members suggested redesigning or reducing the building footprint (board discussion spoke of removing about 2,400 square feet of the rear portion or shifting orientation) so the rear-yard coverage could meet the 30% standard or reduce the variance requested.

- BA250021 (Alanich property, Sun City West): Continued to the July meeting to allow the applicant to appear; staff said the variance request stems from an HOA requirement about attachment of accessory structures rather than an unusual physical lot condition.

What board members and staff emphasized

Board members repeatedly noted the difference between zoning requirements enforced by Maricopa County and private HOA rules. Staff presentations reiterated that the county does not enforce HOA design standards; where variances were sought solely to accommodate HOA preferences (and not physical constraints), members asked applicants to show why relief was necessary. In several cases applicants were encouraged to resubmit scaled plans showing reorientation or reduced footprints to avoid or narrow variance requests.

Quotes from the hearing

"I hope you'll bend over a little more at my help. I am owner of 52 North Meridian," Anthony Thompson said while describing his application seeking larger accessory coverage; later he told the board, "I just don't want it in the hot sun," describing why he wanted indoor storage for RVs and off‑road equipment.

"We do have a signed lease from the land owner as well as we get a liability insurance for a million dollars for the owner as well as Maricopa County," Joanna Noriega, chief operating officer for Red Hot Fireworks, told the board while summarizing the business's safety and permitting practices.

Next steps and practical effects

Approved variances and temporary-use permits are memorialized in the board's records and allow applicants to pursue building permits or short-term sales permits subject to the conditions listed in staff reports. Two continued items will return at the July meeting after applicants revise plans or provide additional materials. The board conducted all roll-call votes as required by county procedure and cited the Arizona open meeting law at the start of the hearing (ARS § 38‑431).