Maricopa County board approves variance for attached pergola at Boynton residence

The Maricopa County Board of Adjustment voted 5-0 on Feb. 13 to approve a variance allowing an attached pergola to encroach to a 4-foot side-yard setback at the Boynton residence in the Arroyo Norte subdivision in New River.

The applicant sought relief from the R18 RUPD zoning district standard requiring a seven-foot minimum side-yard setback. Staff described the lot as roughly 11,000 square feet and said the applicant planned to attach a 450-square-foot pergola to the rear of an existing single-family residence, which—because it would be attached—is treated as part of the primary structure and therefore subject to the seven-foot requirement.

The staff presentation noted alternatives that would avoid a variance: detaching the pergola (making it an accessory structure permitted to encroach to a three-foot side-yard setback) or reducing the attached pergola’s size slightly to meet the seven-foot standard. Staff said the lot shape was not a peculiar condition unique to the property and that similar lots in the subdivision had developed under the existing standards.

During discussion, board members asked whether the structure as drawn used existing patio supports and whether neighbors had objected; staff said there was no recorded opposition. Vice Chairperson moved approval “subject to the language in the staff report,” Member Clapp seconded, and roll-call votes from Member Carden, Member Clapp, Member Ward, Vice Chairperson and Chairman Loper resulted in a 5-0 approval.

The approval memorializes a reduced setback for the property but does not change the underlying zoning for the subdivision. Staff and board members noted the two potential remedies—detaching the pergola or reducing its size—remain available options for the applicant or future property owners.

No follow-up direction to county staff or additional conditions beyond the staff report were recorded on the record.