Maricopa County Board of Adjustment approves most variances, continues two cases after public discussion

The Maricopa County Board of Adjustment on June 19 approved a slate of variances and two temporary-use permits related to seasonal fireworks sales, and continued two variance requests so applicants can revise plans.

The board voted 4-0 to approve eight variance requests and two temporary fireworks sales permits and to continue two other variance cases to the July meeting, following presentations from county planners and applicants and limited public comment.

Why it matters: The board’s decisions alter zoning controls on individual parcels across Maricopa County — including permitted backyard coverage, rear-yard encroachments and lot-width minima — allowing several property owners to build garages, add patios or install accessory dwelling units where existing zoning would otherwise block those additions. Approval typically memorializes a new, site-specific condition (for example, an approved maximum lot coverage or recorded lot width) that will be reflected in county records and that a future building permit must follow.

Most substantive actions - BA250025 (Sunset Cove Investments LLC): Approved to establish a maximum lot coverage of 28% for APN 300-81-016K to accommodate a primary residence and two accessory structures, including an ADU connected by a porte-cochere. Member Ward made the motion; Member Carden seconded. Vote: 4-0.

- BA250028 (Biollante property, Sonoran Ridge Estates Unit 2): Approved a request for 64.66% lot coverage where 40% is the maximum allowed under the zoning district, and for limited grading and a pool barrier outside the recorded development envelope. The applicant’s materials and staff discussion noted existing riprap and landscape work placed to manage off-site flows; the applicant said some disturbed decomposed-granite areas were installed at the homeowner association’s request. Motion: Member Carden; second: Member Clapp. Vote: 4-0.

- BA250027 (Chavez parcel): Approved a variance memorializing a 136-foot lot width where 145 feet is normally required in Rural-43 zoning. The applicant told the board he tried — unsuccessfully — to purchase 10–15 feet from a neighboring lot to meet the standard. Motion: Member Ward; second: Member Clapp. Vote: 4-0.

- BA250031 (Bender residence, Rio Verde): Approved side- and rear-yard setback reductions and a lot-coverage increase to allow a golf-cart garage, storage and a small trellis patio cover. Applicant said most nearby homes have similar conversions; HOA approval was submitted. Motion: Member Clapp; second: Member Carden. Vote: 4-0.

- BA250032 (Obregon, Buckeye): Approved an increase in rear-yard coverage to permit a three-bay RV garage and an attached ADU positioned about 10 feet from the rear property line. Applicant presented the site plan and said the rear location is needed for the RV storage. Motion: Member Carden; second: Member Clapp. Vote: 4-0.

- BA250034 (Brown): Approved a front-setback reduction for an attached golf-cart garage that the applicant said mainly provides space for woodworking tools and storage (not a car). Motion: Member Ward; second: Member Carden. Vote: 4-0.

- BA250037 (Lord Shade Company / Lord property, Sun City West): Approved a 3-foot reduction in a rear-yard setback (to 17 feet) to allow an attached insulated patio awning of roughly 144 square feet. Applicant said HOA approval was on file and that required footing sizes effectively prevent a detached four-post option. Motion: Member Carden; second: Member Clapp. Vote: 4-0.

- BA250025 note: During that item the applicant (Chris McCarty) clarified the effective lot coverage in updated plans is about 27.5% rather than the 28% shown in staff paperwork; the board approved a maximum of 28% as memorialized in the motion.

Temporary-use approvals - TU250020 (Red Hot Fireworks 2025, 812 E. Carefree Highway): Approved for a short seasonal sales site for the July 4 holiday window; applicant Joanna Noriega said the business has a signed lease and $1 million liability coverage naming Maricopa County. Motion: Member Carden; second: Member Ward. Vote: 4-0.

- TU250028 (Phantom Fireworks at Fry’s, Daisy Mountain): Approved a temporary fireworks tent in the Fry’s parking lot with hours and staffing conditions; the applicant said sales are limited by state law (buyers must be 16 or older) and that merchandise is secured overnight. Motion: Member Carden; second: Member Clapp. Vote: 4-0.

Continued cases - BA250002 (Thompson property, Apache Junction): Continued to the July meeting to allow the applicant to revise the accessory-structure design to reduce the portion of the building encroaching into the rear-yard setback. Applicant Anthony Thompson said he would remove an existing rear shed and reduce the proposed building’s rear portion; the board continued the case by motion of Member Clapp with a second and a 4-0 vote.

- BA250021 (Alanich property, Sun City West): Continued to July; staff noted the variance request arises from an HOA requirement that accessory structures be attached to the primary dwelling and not from a county zoning limitation. Motion to continue: Member Clapp; second: Member Carden. Vote: 4-0.

What the board and staff emphasized - Design alternatives before seeking variances: multiple board members directed applicants to explore reorienting or resizing proposed structures so they meet the county’s rear-yard-coverage limits (for example, reducing the portion of an accessory building that sits within the rear-yard setback or moving a structure slightly closer to the primary residence to lower the rear-yard coverage percentage).

- HOA vs. county authority: Staff repeatedly reminded applicants that Maricopa County does not enforce private HOA architectural standards; several applicants said they sought variances to conform to HOA design preferences (for example, the Alanich and several Sun City West items).

- Site-specific limitations and past decisions: In several approvals staff noted there is no county-identified “peculiar condition” on a property (for example, BA250027), but the board nonetheless approved variances where condition, historic lot splits or built conditions made the requested relief reasonable in the board’s view.

Public comment and applicant commitments - Anthony Thompson (owner, 52 N. Meridian) said the proposed structure would be used for residential storage including an RV and off-road equipment and that “I’ll put everything indoors” if approved; the board encouraged him to reduce the portion of the building in the rear setback.

- Joanna Noriega (chief operating officer, Red Hot Fireworks) said the business has a signed lease and carries $1 million liability insurance naming the landowner and Maricopa County.

- Phantom Fireworks’ regional manager Joey Witter said staff will secure overnight merchandise and enforce age and safety checks at the temporary site near Fry’s.

What’s next Applicants granted variances may proceed with building permits consistent with the site-specific conditions memorialized by the board and must follow any other county or fire-department requirements referenced in staff conditions.

Votes at a glance [BA250002 — Thompson property] Motion to continue to July 17; mover: Member Clapp; second: Fred (second identified in hearing as a board member); outcome: continued, 4-0. [TU250020 — Red Hot Fireworks 2025] Motion to approve TU250020; mover: Member Carden; second: Member Ward; outcome: approved, 4-0. [BA250021 — Alanich property] Motion to continue to July meeting; mover: Member Clapp; second: Member Carden; outcome: continued, 4-0. [BA250025 — Sunset Cove Investments LLC] Motion to approve and establish maximum lot coverage 28% for APN 300-81-016K; mover: Member Ward; second: Member Carden; outcome: approved, 4-0. [BA250027 — Chavez parcel] Motion to approve variance memorializing 136-foot lot width for APN 300-11-039 (transcript shows parcel ID 311039 A in staff report and motion recorded as APN 300-11-039); mover: Member Ward; second: Member Clapp; outcome: approved, 4-0. [BA250028 — Biollante property] Motion to approve variances for 64.66% lot coverage and pool/barrier work outside development envelope; mover: Member Carden; second: Member Clapp; outcome: approved, 4-0. [TU250028 — Phantom Fireworks at Fry’s] Motion to approve TU250028; mover: Member Carden; second: Member Clapp; outcome: approved, 4-0. [BA250031 — Bender residence] Motion to approve setback and coverage variances (west side 0 ft, south rear 8 ft, lot coverage up to 70% RUPD); mover: Member Clapp; second: Member Carden; outcome: approved, 4-0. [BA250032 — Obregon property] Motion to approve rear-yard coverage increase to 50% for 3-bay RV garage and ADU; mover: Member Carden; second: Member Clapp; outcome: approved, 4-0. [BA250034 — Brown property] Motion to approve front-setback reduction for attached golf-cart garage (11 ft where 20 ft required); mover: Member Ward; second: Member Carden; outcome: approved, 4-0. [BA250037 — Lord Shade Company / Lord property] Motion to approve rear-yard setback amendment to 17 ft (from 20 ft) for a 144-sq-ft attached patio awning; mover: Member Carden; second: Member Clapp; outcome: approved, 4-0.

Ending The board concluded its June 19 docket after handling applications spanning Apache Junction to Sun City West. Two items were continued so applicants can revise plans or provide clarifying documentation; all other contested requests were approved unanimously with the conditions reflected in staff reports and memorializing motions.