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Board grants Petrovsky variance for front-yard setback and limited hillside disturbance
Summary
Case BA240034 was approved 5-0 by the Maricopa County Board of Adjustment on Jan. 16, 2025, allowing a 50-foot front-yard setback (rather than 60) and 1,438 sq ft of hillside disturbance for a well and underground tank for a proposed home on a hillside lot in District 3.
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The Maricopa County Board of Adjustment on Jan. 16, 2025, approved variance case BA240034 for the Petrovsky property in Supervisor District 3 by a 5-0 roll-call vote, authorizing a reduced front-yard setback and limited hillside disturbance to accommodate a new residence and associated well infrastructure.
Staff member Martin told the board the lot is classified as hillside and that the applicant proposes to place the new home in the part of the lot with the least steep slopes to minimize hillside disturbance. The applicant requests a reduction of the required 60-foot front-yard setback in the Rural-190 zoning district to a 50-foot setback measured from the access easement that parallels the lot’s 118-foot-long north property line. In addition, the applicant requested permission for 1,438 square feet of hillside disturbance for installation of a private well, waterline and underground water storage tank; staff said once underground work is complete, the area would be restored to a natural state.
Applicant representative Matt DeRosa of Minimal Living Concepts and the owner (Petrovsky) addressed the board. DeRosa said the proposed well location is close to Cottonwood Canyon Road to allow access for drilling equipment and to maintain the required 100-foot setback between the well and the future home; he said moving the well further inland would likely require greater disturbance to construct temporary access. DeRosa also noted that the ingress/egress easement referenced in staff materials reflects an interpretation from a prior case (BA2005023) rather than a specific ordinance provision.
Vice Chair Person moved to approve BA240034 “subject to the language outlined in the staff report.” Member Clapp seconded. A roll-call vote recorded affirmative votes from Member Carden, Member Clapp, Member Ward, Vice Chair Person and Chairman Loper; the chair announced the motion carried 5 to 0.
Staff and the applicant said no speakers registered opposition at the hearing. The board’s approval memorializes a 50-foot front-yard setback from the relevant street line and allows 1,438 square feet of hillside disturbance outside the principal buildable envelope for well and utility work as described in the record.

