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Board OKs temporary RV housing and construction yard for Stapley property; front-yard variance withdrawn
Summary
The Maricopa County Board of Adjustment approved two temporary use permits to allow an RV to remain on a Stapley family lot during home construction and to permit an associated construction yard; a requested variance to reduce the required front-yard setback was withdrawn.
The Maricopa County Board of Adjustment on a 4-0 vote approved a temporary use permit that allows an RV as temporary housing during construction at 10579 East McClellan Road in Mesa and a second temporary use permit authorizing a temporary construction yard; a requested variance to reduce the required front-yard setback was withdrawn by the applicant.
The approvals came after staff recommended upholding its interpretation that “temporary housing” applies only to the housing unit itself and not to additional shade canopies or shipping-container storage used to shelter the unit. Martin, a county planner, told the board the shade structure and storage containers were built in the required front yard without permits and would need to be moved unless the board approved a separate variance. The applicant, Brent Stapley, said he and his wife bought the property in November 2023 and began construction October 30, 2024. “We are… asking for whatever we need to do so that we can keep it there and stay there for at least a hundred and 80 days or get a construction yard,” Stapley told the board, adding neighbors support the home under construction.
Staff said the temporary-housing permit (TU250002) satisfied requirements for an RV-based temporary residence but that the shade canopy and three shipping containers better fit a temporary construction yard category (TU250019) or a variance for locations within the required front yard (BA250024). After board discussion about whether the canopy and containers could remain as part of a temporary construction yard, Member Clapp moved to approve TU250002 subject to the conditions listed in the staff report; Member Ward seconded. The motion passed 4-0. Member Clapp then moved to approve TU250019 (the temporary construction yard) subject to the staff conditions; Member Ward seconded and the board approved 4-0. The separate variance request, BA250024, was not taken up and the board and staff treated it as withdrawn at the applicant's request.
Board members said they were persuaded that allowing the temporary housing and a construction yard — with the construction-yard permit superseding certain conditions — was an acceptable remedy while the permanent residence is built. Staff recorded that if the board ruled that the shade and storage are not part of the temporary-housing category, the shipping containers and canopy must be moved out of the required front yard or be the subject of a separately approved variance and issued permits. The Stapleys said they would remove the temporary structures after construction is finished.
The board’s actions leave the applicant able to proceed with a two‑year temporary construction-yard permit tied to the valid building permit for the residence, and a two‑year temporary-housing allowance for the RV as approved.
ACTIONS AT MEETING: The board approved TU250002 (temporary housing) and TU250019 (temporary construction yard), both by 4-0 roll-call votes; BA250024 (variance reducing front-yard setback) was withdrawn by agreement.
PROVENANCE: Transcript begins with staff introduction of the three related cases and Martin’s presentation (s=805.29–905.98) and ends with the board’s votes on TU250002 and TU250019 and the withdrawal/skip of BA250024 (s=1920.565–2003.345).
