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Cochise County board approves variance to allow stable 2 feet from north lot line in Bowie

5613688 · August 21, 2025
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Summary

The Cochise County Board of Adjustment approved a variance allowing a stable on a 2.5-acre Bowie property to sit 2 feet from the north property line, reducing the R-9 zoning setback requirement and the animal-structure setback from 10 and 50 feet to 2 feet.

The Cochise County Board of Adjustment voted to approve a variance for BAR 25‑07 on a property at 325 San Simone Avenue in Bowie, allowing an existing 800-square-foot stable to remain two feet from the north property line. The board approved the request without special conditions after a staff presentation and public hearing.

The variance request was presented by county staff as docket DAR2507. The case planner said the applicants, Armando and Blanca (last name stated in the record as Portulal/Portugal), requested relief from two provisions of the Cochise County zoning regulations (sections 2.18.0.04 and 2.51.0.13) to reduce the required setbacks for a stable from the district requirement of 10 feet and the animal-structure requirement of 50 feet to two feet along the north line of the parcel.

The parcel (tax parcel 30227038) is zoned R‑9, is part of Richards Addition (platted 1918), and is roughly 2.5 acres in size. Staff noted the property sits about 600 feet south of the I‑10 business loop and that the nearest residence to the north is approximately 260 feet from the stable. The planner said the site is surrounded on three sides by 60-foot right-of-way strips that remain unimproved and act as wide buffers between lots.

Applicant Armando Portulal addressed the board during the public hearing, saying he and his wife bought the property in February 2019 to build a family home and to keep animals to involve their children in 4‑H and FFA. He told the board they installed the structure because of an urgent need to shelter animals and that finishing construction has been delayed by cost. He also said a dispute with a neighbor led to an anonymous complaint that prompted the variance review. "My name is Armando Portulal, my wife Blanca. We bought this property 02/2019, with the goal of building a home for our family," he said.

Staff described the county's public-notification process for the application: a legal notice was published, the property was posted, and the county mailed 20 notices to owners within 300 feet. The county received seven responses in favor, with staff explaining that some respondents own more than one parcel (accounting for extra check marks on the response map). The planner reported that the application meets five of the eight variance-evaluation factors in the zoning regulations and does not comply with three (hardship/peculiar site conditions/not self-created), but recommended approval based on the overall balance of factors.

After discussion among members—during which board members noted the substantial unimproved rights-of-way that provide buffers—the board member who moved to approve the docket (name not specified in the record) was seconded (name not specified). The board voted in favor; the motion carried.

The board member who handled closing remarks told the applicants they would be contacted about follow-up paperwork and noted the applicant paid an application fee (a board member remarked, "I'm sorry you had to spend $400 to do this"). County staff indicated they would follow up on required legal and permitting steps now that the variance is approved.

The board closed the public hearing and moved on to administrative scheduling; members discussed potential dates for the next meeting and noted that a new planner will be joining staff in September and that Matt was promoted to planning manager. The board adjourned after concluding other brief business.

Votes at a glance - Motion: Approve docket BAR 25‑07 (also referenced in the record as DAR2507), reducing the minimum required setbacks for an 800-square-foot stable from 10 feet (R‑9 district requirement) and 50 feet (animal-structure requirement) to 2 feet along the north property line. Outcome: approved without special conditions. Vote count: all in favor (motion carried).