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Board of Adjustments denies variance request for Caliente lot at 3502 N. Yucca Drive
Summary
Sitting as the Board of Adjustments, the council denied a request to classify an accessory structure as a primary dwelling in an RV-zoned lot, finding the applicants did not meet the five statutory criteria for a variance; the board encouraged applicants to pursue an area/setback variance instead.
The Board of Adjustments denied a property owner's request to have an existing accessory structure declared a primary dwelling at 3502 North Yucca Drive, concluding the application did not satisfy the five legal criteria required for a variance under Arizona law.
Town attorney Wingo opened the hearing with a legal overview, explaining the board's role as a quasi-judicial body and the difference between area variances (technical relief such as setbacks) and use variances (which change permitted uses and are not allowed). Wingo stressed that applicants bear the burden of proving all five criteria set out in the municipal code and state statute.
Cheryl Buttson and James Markowitz (applicants) told the board their property had been in disrepair before purchase and that removing an old trailer was necessary for health and safety; they argued their circumstances were unique and that denying the variance would leave their investment without value. Staff and the planning report suggested that the applicants might instead seek an area/setback variance to allow an RV on the lot and preserve use.
After discussion and questions about whether the situation rose to the level of extraordinary circumstances and whether any conditions were self-imposed, a council member moved to deny the variance because the application did not meet the required criteria. During roll call, Council member Benzina voted no; Vice Mayor Adam, Council members Bedford, Maldonado, Neal and Mayor Eaton voted yes. The motion to deny carried.
The board recorded findings and encouraged the property owners to work with staff on alternative relief, such as an area variance for setbacks that could allow an RV to return to the parcel.
The board emphasized legal limits on using variances to rezone or change permitted uses and noted that variances are extraordinary remedies that should be granted sparingly.
