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Tempe DRC approves reduced setbacks for 1,240 sq ft accessory shop at Casper residence
Summary
The Tempe Development Review Commission on June 9 approved two use permits to reduce rear and side-yard setbacks so homeowners John and Diane Casper can build a 1,240-square-foot conditioned accessory shop at 1038 East Buista Drive; staff recommended approval subject to conditions and noted HOA enforcement is a private matter.
The Tempe Development Review Commission on June 9 approved two use permits allowing a reduced rear-yard setback (35 feet to 28 feet) and a reduced side-yard setback (20 feet to 16 feet) so the Casper residence can add a 1,240-square-foot accessory shop at 1038 East Buista Drive.
Applicant Jeremy Mcun of RG Pro Builders told the commission the conditioned shop will include “an office, a storage area, and a bathroom” and be used solely for private, residential purposes. He said the building will be wood framed and stuccoed to match neighborhood materials and that doors will generally remain closed to limit noise and emissions.
Staff planner Warren Rivera summarized the technical review and noted one version of the plan had been cleared by Maricopa County Environmental Services. Rivera said the request meets the use-permit approval criteria (Section 6308E): staff does not expect a significant increase in vehicular or pedestrian traffic; the structure is designed to avoid nuisance from odor, dust or noise; it is compatible in scale and design with surrounding accessory buildings; and on-site parking (an attached garage and driveway) provides room for six vehicles. Staff recommended approval subject to standard conditions and to updating the site plan of record with Tempe Building Safety if the commission approved the request.
Commissioners questioned why the applicants had not finalized HOA approval before filing with the city. Mcun responded that the applicants had intended to work with the homeowners association concurrently to avoid additional delays and that the prior approved location shifted because of septic placement. Rivera said HOA enforcement is a civil matter; if the building’s final location changes following any HOA decision, the final building permit and location must be reviewed by Tempe Building Safety.
A motion to approve item 4C was moved by Commissioner Richter and seconded by Commissioner Spears; the commission voted in favor and the motion passed. Commissioner Miller confirmed his vote during the roll call on the motion.
The commission’s approval allows the Caspers to proceed with building-permit submittals consistent with the site plan of record and the conditions attached to the approval. Any future change to the approved parking or setback plan would require a separate amendment or approval.
