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Board continues Carden Mountain Pavilion variance after neighbor objections; Member Carden recuses
Summary
The Board of Adjustment continued BA240024 (Carden Mountain Pavilion) to Jan. 16, 2025, after neighbors raised concerns about grading, stockpiled dirt and potential impacts; Member Carden declared a conflict and abstained from the item.
The Maricopa County Board of Adjustment on Dec. 12 continued a request for variances related to grading and a side-yard setback at 8948 East Range Trail (BA240024), giving the applicant until the Jan. 16, 2025 hearing to coordinate with neighbors and refine exhibits.
Member Carden opened the item by declaring a family relationship with the property owner and recused himself from discussion and action. Staff described the request as two separate encroachments: a proposed side-yard setback of 10 feet 5 inches where the R1-35 district requires 20 feet, and hillside disturbance of 1,441 square feet outside the lot's principal building envelope. Staff said the parcel is about 2.84 acres, approximately 56% hillside (about 1.6 acres), and that an earlier building-permit submission for grading and driveway work was made in August 2022.
The applicant's engineer said the request is currently for grading a pad (no structure proposed yet) to support a future accessory dwelling unit, and that the eastern parcel is also owned by the applicant and would not be negatively affected. Neighbors who spoke online and by phone opposed the variances, citing long-term stockpiling of dirt, heavy equipment on the site, dark-sky lighting concerns, and potential impacts to property values and slope stability. Staff certified the site posting and said variance site notices were posted for the required period.
Board members and staff discussed possible options: shifting the pad east (which could require disturbance on the eastern parcel and additional notice), combining lots to create a larger building envelope, or reducing the pad size. Several board members expressed concern that additional information and coordination with immediate neighbors was needed. Member Clapp moved to continue the case to the Jan. 16, 2025 meeting; Vice Chair Persson seconded. The roll-call vote was 4-0 to continue, with Member Carden recused. The board instructed the applicant to confer with neighbors, consider reducing disturbance or eliminating the western disturbance, and submit revised exhibits to staff (Paula) ahead of the next hearing.
