Board of Adjustment approves series of property variances across Maricopa County

The Maricopa County Board of Adjustment approved eight variance requests at its regular hearing, the board said, voting unanimously on each matter.

Several requests involved reduced front or side yard setbacks in the Rural 43 zoning district or related RUPD plats; others involved limited hillside disturbance or permission for structures outside platted building envelopes. Board members repeatedly noted many of the subject parcels were created before current zoning rules or were affected by governmental actions such as annexation or road dedications.

Staff presentations summarized site histories and the county’s analysis in each case. For BA250045 (Lawhead property, District 2), staff said the lot is triangular, legally nonconforming in area, and the applicant requested a north front setback of 10 feet where 40 feet is normally required. Applicant Brandon Anderson told the board the current measurement would effectively place a home 70 feet from the road and leave no backyard; he asked for the 10-foot setback to restore a more typical building envelope. Member Clapp moved to approve BA250045; Vice Chair Rosalie seconded. The motion carried 5–0.

For BA250047 (Horatio property, District 4), staff explained a city of Peoria strip annexation reduced the parcel’s area and depth; applicant Christopher Ontiveros said the requested 31-foot front and 33-foot rear setbacks would allow a proposed 4,000-square-foot house to fit. Member Ward moved approval; Member Clapp seconded. The board approved 5–0.

Several other variances followed with short staff summaries and applicant remarks: BA250050 (Olsen sports court, District 1) requested a use-specific setback for an uncovered sports court; applicant Jay Olson said the court lines are 17 feet from the east lot line and that a 20-foot measurement has been interpreted as applying to painted court edges. The board approved a modified variance, memorializing a 17-foot setback measured to the striping, 5–0. BA250051 (Romanowski, District 3) involved multiple requests tied to a platted building envelope and septic placement; the board approved subject to staff language, 5–0. BA250052 (Miller hillside septic, District 3) sought hillside disturbance outside a principal envelope to allow an on-site septic system; staff noted MCESD approval for the septic design and the board approved the variance 5–0. BA250053 (Cohen Wagner, District 1) involved flag-pole lot orientation and a memorialized 30-foot front-line established along a county access easement; Member Baugh moved approval, seconded by Vice Chair Rosalie, and the board approved 5–0. BA250054 (Carrillo ADU, District 1) was an after-the-fact accessory dwelling unit encroaching into a street-side setback adjacent to a private easement; the applicant asked to keep the ADU and staff characterized the construction as self-created; the board approved 5–0. BA250056 (Haviland garage, District 4) sought a 10-foot extension to an existing permitted garage to enclose a 40-foot motor home; the owner’s representative said septic and existing driveways constrain rear expansion; Chairman Loper moved approval and the board approved 5–0.

Votes at a glance - BA250045 (Lawhead, District 2): Variance to allow north front setback of 10 ft (where 40 ft required). Motion: Member Clapp. Second: Vice Chair Rosalie. Vote: 5–0 (Ba, Clapp, Ward, Vice Chair Rosalie, Chairman Loper — yes). - BA250047 (Horatio, District 4): Front setback to 31 ft; rear setback to 33 ft. Motion: Member Ward. Second: Member Clapp. Vote: 5–0. - BA250050 (Olsen sports court, District 1): Use-specific east setback approved at 17 ft measured to court striping (modified from original 5 ft request). Motion: Member Ball. Second: Vice Chair Rosalie. Vote: 5–0. - BA250051 (Romanowski, District 3): Front setback amendment and permission for structures/block wall outside platted envelope, subject to staff language. Motion: Vice Chair Rosalie. Second: Member Clapp. Vote: 5–0. - BA250052 (Miller residence, District 3): Hillside disturbance outside principal building envelope limited to 4,303 sq ft for septic installation. Motion: Vice Chair Rosalie. Second: Member Clapp. Vote: 5–0. - BA250053 (Cohen Wagner, District 1): Memorialize east front setback of 30 ft as measured from 190 Third Way. Motion: Member Baugh. Second: Vice Chair Rosalie. Vote: 5–0. - BA250054 (Carrillo ADU, District 1): After-the-fact ADU encroachment; variance approved subject to staff language. Motion: Member Ward. Second: Member Ball. Vote: 5–0. - BA250056 (Haviland garage, District 4): Front setback reduced to permit garage extension for a 40-foot recreational vehicle. Motion: Chairman Loper. Second: Member Clapp. Vote: 5–0.

Why it matters: The decisions allowed property owners to proceed with building plans on undersized, atypically shaped, or pre-zoning parcels, and in several cases memorialized nonconforming setbacks created by earlier government actions. Approvals included conditions and memorialization language staff drafted to document the changed setbacks and any limits on disturbance or utility connections.

Board members repeatedly encouraged applicants to obtain required permits and to pursue applicable long-term entitlements if their properties or uses would require ongoing or larger-scale approvals.