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Board approves rear-setback variance for Plogger property after unpermitted addition; applicants to regularize permits
Summary
The Board approved BA250023 to reduce the rear yard setback from 21 to 12 feet for a patio addition built without a county permit; owners said work was carried out in 2019 after HOA approval and they believed permits had been pulled.
The Maricopa County Board of Adjustment voted 5-0 to approve a reduced rear yard setback for the Plogger property (BA250023), allowing a 12-foot rear setback where the subdivision standard requires 21 feet.
Planning staff said the owners purchased the property in 2017; HOA approval for a patio addition was obtained in 2019, and a contractor completed the work. Staff denied later zoning clearance for an “under roof” alteration because the prior patio had been built without a county permit. The applicants’ representative, contractor Matthew Ducharme, and owner Jean Plager told the board they believed the original work had been permitted and said they did not intentionally circumvent county requirements. The owners said they wish to regularize the work and have applied for the current permit.
Staff noted maximum lot coverage for the R1-18 RUPD subdivision is 50 percent and that the parties provided an HOA approval document. The board approved the variance subject to the staff report language and advised the owners to coordinate with county permitting to bring the structure into compliance.
Motion and vote: Vice Chair Person moved approval; Member Cardin seconded and the motion passed 5-0.
