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Board approves front-setback variance for Morales property in Tonopah
Summary
The board voted 5-0 to approve BA240026, reducing the required front setback from an effective 73 feet to 20 feet so an owner can build a single-family home at 37346 W. Orange Drive, citing the lot's shallow configuration and practical constraints.
The Maricopa County Board of Adjustment on Dec. 12 approved a variance (BA240026) allowing a 20-foot front-yard setback from the west property line at 37346 West Orange Drive in the Tonopah area, where the standard minimum front setback is 40 feet (and a 33-foot easement along the west line yields an effective 73-foot setback).
Staff explained that the lot is shallow (width greater than depth), relatively flat and not constrained by hillside or floodway, but that the existing 33-foot right-of-way or utility easement across the front increases the effective front setback to 73 feet. Staff said the lot could be developed in other ways without a variance but recommended board consideration of statutory findings if the board was inclined to approve.
Applicant David Gonzales told the board the owner wishes to build the house as shown on the site plan and that reducing the front setback is preferable to substantially reducing building size; the east side already meets setback requirements with only a small margin. Chairman Loper described the situation as largely "buyer beware" but said the effective 73-foot setback was excessive for the area and that approval would result in a setback consistent with nearby properties.
Member Carden moved to approve BA240026; Member Clapp seconded. The motion passed on a 5-0 roll-call vote (Carden, Clapp, Ward, Vice Chair Persson and Chairman Loper). Staff recorded that the approval should be made subject to the conditions outlined in the staff report.
