Tempe DRC approves use permit to legalize two front‑yard parking spaces at Malm residence

The Tempe Development Review Commission approved a use permit (PL260,176) on July 28, 2026, to allow two required parking spaces in the front‑yard setback at the Malm residence, 1612 E. Galen Drive. The decision resolves an unpermitted carport conversion the applicant said occurred before his ownership and clears the way for an as‑built building permit to bring the structure into compliance.

Applicant Austin Malm told commissioners the prior carport conversion occurred “circa 2013” and that he purchased the property in 2022. "I really wanna run things the right way and not cause any issues," he said, adding that he has contracted a professional property management company to improve tenant screening and reduce neighborhood disturbances. Malm said the two driveway spaces will formalize parking lost when the carport became livable space and that he plans to pursue an as‑built building permit to ensure the work meets code.

City planner Whitney Mayfield presented the staff report, saying the property is zoned R‑1‑6 and that available imagery indicates the conversion happened between 2013 and 2015. Mayfield said staff found the request meets approval criteria, noted one written comment in opposition raising concerns about occupancy and parking, and recommended approval without special conditions.

During questioning, a city staff member discussed occupancy rules and enforcement. One staff speaker initially said he believed a limit of "up to 5" unrelated persons may appear in code language, while another staff member, Jeff Tamalovich, clarified that the city’s definition of family/consanguinity can limit households to no more than three unrelated people and that enforcement is addressed case by case. Commissioners also raised practical parking concerns tied to on‑street supply and driveway depth; staff said the driveway can accommodate two vehicles but not an additional tandem vehicle without encroaching into the right of way.

A resident who lives across the street, Jana Lynn Granio, urged caution and asked what conditions could be imposed to prevent overcrowding and parking problems. In response, Malm said he attempted neighbor outreach when he bought the house and expects the professional manager’s screening to reduce future problems.

A motion to approve PL260,176 was made, seconded, and carried unanimously. The commission’s action allows the two driveway spaces in the front‑yard setback; the applicant still must complete the as‑built building permit process to finalize code compliance.