Board of Adjustment approves a string of setback variances across Districts 2–4, continues one case
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Summary
The Maricopa County Board of Adjustment approved variances for multiple single‑family properties — including cases at Saddle Mountain Road, the Stevens residence, three Prieto lots, the Emerald property and a Collins casita — and continued one case; several approvals were unanimous.
The Maricopa County Board of Adjustment on Jan. 15 approved a series of zoning variances affecting single‑family properties in Districts 2–4, granting relief from setback, lot‑size and yard‑coverage rules in several cases while continuing one matter to a later agenda.
Staff presentations, public testimony and board discussion focused on site constraints such as washes, prior survey errors, recorded easements and unpermitted additions. Planner Daniel described BA250067 (223 W. Saddle Mountain Road) as an approximately 1‑acre RU‑43 parcel where floodplain on the south and a required 80‑foot northern setback limited reasonable building area; applicant civil engineer Cutter Sock told the board the adjacent wash delivers about "1,200 CFS," which he said made over half the parcel effectively unusable. The board approved BA250067 subject to the conditions in the staff report by a 5–0 vote.
In BA250071 (Stevens residence), staff said the application seeks to legalize covered patios constructed without permits around 2017–18 and to allow a new south addition that would not encroach further; the applicant confirmed six letters of no opposition from nearby owners. The board approved the requested 15‑foot street‑side and 30‑foot rear setbacks as described in staff materials, 5–0.
Three separate variance motions (BA250073–BA250075) for Prieto‑owned lots created by a lot split were each approved separately. Staff noted the parcels are slightly under the Rural‑43 minimum area or width and said no unique hardship was readily apparent; the board granted the variances after members noted a prior survey error had created the situation. Each Prieto motion passed by recorded vote.
Case BA250077 (the Emerald property) sought 3‑foot and 10‑foot street‑side setbacks to permit an accessory dwelling unit (ADU) and a pool/Ramada on a corner parcel with frontage on three streets and a wash through the site. Applicant counsel Larry Lazarus told the board that earlier staff advice to record a non‑vehicular access easement led the owner to believe a variance would not be needed; staff later clarified a variance was required. The board approved BA250077, 5–0.
The Collins casita (BA250080) requested a rear/side yard occupancy of about 41% where 30% is allowed; homeowner Chandra Collins said she is relocating her parents to Phoenix and that the larger casita accommodates accessibility needs because her mother "has advanced dementia." The board approved the variance by a 4–0 recorded vote (one member had left the room). One item, BA250079, had no applicant present and was continued to a future agenda by a 4–0 motion.
Votes at a glance • Officer election and bylaws: 5–0 (roll calls) • BA250067 (Saddle Mountain LLC, front yard setback reduction): approved 5–0 • BA250071 (Stevens residence, street‑side/rear set‑ backs): approved 5–0 • BA250073–BA250075 (Prieto properties, lot size/width variances): each approved 5–0 • BA250077 (Emerald property, street‑side setbacks for ADU/pool): approved 5–0 • BA250080 (Collins casita, rear yard occupancy 41%): approved 4–0 • BA250079: continued to next agenda, 4–0
Context and implications: Many approvals memorialize legal nonconforming conditions or respond to site constraints (washes, easement configuration, prior survey errors). Approvals typically included staff‑recommended language to mitigate impacts; the board did not attach additional conditions beyond staff recommendations in the cases heard. The continued case will return when the applicant is available.
What directors and staff said: Daniel (planning staff) noted floodplain and collector‑route concerns for BA250067. Ron (planning staff) said the Stevens patios were constructed without permits in 2017–18. Nick (planning staff) described the Prieto lot‑split history and the Emerald lot’s three‑street frontage. Applicant Cutter Sock said, "It's approximately 1,200 CFS coming in on this south boundary line," describing the wash at the Saddle Mountain site. Homeowner Chandra Collins said, "My mom currently has advanced dementia," and urged approval to make the home accessible.
Next steps: Approved variances will be memorialized per staff reports; BA250079 will be rescheduled for a later meeting.
