Board of Adjustment - Regular Meeting

one. We'll call this meeting of the Maricopa County Board of Adjustment to order and move forward with the roll call. Rosalie, Chairman Loper, present. Vice Chair Person, present. Member Ba, member Clap here. Member Ward, present. Chairman, we have a quorum.

Thank you very much. to go ahead with the announcements. This meeting has been noticed in accordance with the open meeting laws of ARS 38-431. Agendas are available within 24 hours of each meeting in the Maricopa County Planning and Development Office and are also available on the planning and development website one week prior to the hearing at www.mmaricopa.gov/planning. With respect to the hearing process, cases will be considered in the order they appear on the agenda unless otherwise agreed to by the board. I don't think we'll take anything out of order today. For each case, the applicant will be given a set amount of time to present their testimony. Any witnessing to give testimony in particular case shall notifi notify the board of such interests. This shall be done by filling out a speaker's request card for those in attendance or registering a desire to comment as noted on the publish agenda. Also, at the appropriate time for each case, the chairman will ask those attending in person and online who wish to speak to a case to raise their hand by clicking on that icon on the webinar screen. Staff will provide the chair with the names of persons who have registered and noted a desire to comment and those registered participants who have raised their hand. The chair will call on each named participant one at a time. Such testimony shall be limited to a maximum of three minutes. However, the actual amount of time allowed for testimony shall be at the discretion of the board chair. The chair will conduct the hybrid in-person and virtual public hearing according to the bylaws and according to the rules established by the chair regarding public comment. Votes will be done by roll call vote only and the chair will verbally identify the specific members responsible for all motions and seconds. Move on to the minutes for October 16, 2025. Has everybody had a chance to

review those minutes? And are there any questions or comments? If none, those are considered approved. We will move on to the agenda. We have one item on the agenda. TU250046, a temporary use permit in district 5. Nick,

thank you, Chairman Loper, members of the board. So, case TU250046 is a request for temporary housing on the Ramirez property located at 9486 uh South 234th Avenue in the Buckeye area and in the rural 43 zoning district. Uh the property owner is seeking to reside in an RV while waiting for a manufactured home to be ready for occupancy. Uh so the board previously approved a TUP for this property on April 17th per case uh TU250010. Uh the original request had been for a duration of up to 2 years. Uh but due to stipulations from the flood control district, uh approval was conditioned to 6 months. Uh the request before you today is for an extension of the original permit. Uh the manufactured home was placed on the property on October 8th. Uh but the applicants are requesting an additional 6 months duration to allow sufficient time to aphix the home to its foundation. Uh complete required inspections and secure a certificate of occupancy. Uh while the request meets the requirements for temporary housing, staff is concerned that the temporary housing proposed is becoming a long-term if not a permanent situation. Uh for two and a half years, the property was subject to a code violation for multiple occupied RVs in unpermitted structures. Uh code compliance staff conducted a site visit in February and observed that two RVs were occupied on site. Uh additionally, the site plan shows a permanent sewer connection from one RV to the on-site septic system, implying that it may be occupied permanently. Uh the flood plane encumbering the property presents another issue. Uh with the previous request, the flood control district stipulated that any RV may only be occupied for a maximum of 180 days. Uh an occupied RV must also be fully licensed and ready for highway use. Uh following the February site inspection, uh staff noted that the RV did not appear highway ready as it had several flat tires and appeared to have been stationary for an extended period. Uh though the violation was officially

closed following approval of the original TU, a subsequent inspection on November 4th showed conditions appearing largely the same as before. Uh furthermore, planning engineering now requires that the RV be relocated from its previously approved location on the parcel for an approval period of 180 days to resume. Uh for these reasons, staff recommends the board motion to deny T250046. However, if the board chooses to approve the case, staff offers conditions A throughF for consideration as outlined in paragraph 15 of the staff report.

Thank you. Great overview, Nick. And I did want to note for the record that board member BA is with us as well. We have a full uh full board. Are there any questions of Nick or other staff member by any of the board members? I don't see any, but I do have one. So, they do have a manufactured home permit and the manufactured home is on the is on site. I see it in the picture. Um, if this were to be denied, would they have the opportunity to continue placement of that manufactured home?

Uh, Chairman Loper, that is correct because in this case, the manufactured home is the permanent residence, the single family residence, so to speak. It hasn't uh to my knowledge from my research it hasn't been granted its certificate of occupancy yet uh from the November 4th site visit hasn't been aix to the foundation yet but that will be the permanent residence. Okay. So that if if that was the action of the board that wouldn't make them have to vacate the property. They would just have to follow through with the manufactured home. Uh Chairman Loper, that is correct. All right. Thank you. Anyone else have any questions? All right. See none. Open the public hearing. Is the applicant or applicant representative? No one's in person. Do we have anybody online?

Yes, Janet's online. All right. If the uh person online could go ahead and provide their name for the record and go forward with their presentation. Good morning. Are you able to hear me correctly? Yes, we are. If you could provide your name, please.

Yes. So, good morning chairman and members of the board. My name is Janette Ramirez and I'm the property owner at 9486 South 234th Avenue. Thank you for taking the time to hear my request for a six-month extension of my temporary use permit. So, I understand the county's concerns regarding RV use and the flood plane restrictions, and I want to assure you that I've been doing my best to follow the process correctly and to stay in compliance. Since my first permit was approved in April, I feel like I've made measurable progress. The manufactured home has already been delivered and is on the property and I've been working with my contractor to complete the setup so it can pass all required inspections and be ready for occupancy. If no progress had been m made since April, I feel like it would be um understandable to have a denial, but I don't think that is the case here. Uh my contractor explained that due to scheduling and inspection timelines, they can't provide a guaranteed completion date as inspection times from the state and county may vary. However, based on what remains, I'm confident that six months is more than enough time to finish installation and complete inspections. I've also renewed all my permits, including my building permit, my flood plane permit, and the septic permit, so everything remains current while contractors and inspectors continue their work. I've made sure everything is active and in good standing so I can finish this process properly and legally. My only goal is really to complete this right away and move into my home as soon as possible. I'm not asking for anything longterm, just enough time to finish what what's already well underway. I really appreciate um your time and consideration um and thank you again for the opportunity to explain my situation and continue working towards full compliance.

All right. Thank you. Are there any questions of the applicant? I do have one. You mentioned that 6 months is more than enough time. Um, if it were somewhere less than six months, what could be a reasonable time for you? I could you clarify that question? I if you said that six months is more than enough time. Would would two months, three months, four months be sufficient? And then I guess a followup to that was staff. Do we have to approve it at six months or can we do a lesser time? You don't have to answer that now. I'd like the applicant to respond first.

Yeah. So, when I initially wanted to resubmit um a renewal for the temporary use permit, I was told that it had to be for 6 months, that it couldn't be just for like another month or two, that it had to be for six months according um to the county. So, that's what I decided to put the application as. You know, my engineer submitted it that way, so that's what we decided to go with. But 6 months realistically that would be May and I I'm pretty sure but even before then I will be in the home. So I mean if it was you know less months that would be okay with me but the reason why I submitted it for 6 months is because I was told by the county that it had to be that way. So

okay Nick, Darren, anyone else? Does it is six months is that just kind of the standard? Can it be for a lesser time, Mr. Chairman? It can be for a you can approve it for a lesser time. Okay.

Uh and I think there were some a couple questions. One, uh if if they call county planning and development department for an inspection on an issued permit, if they call before 2 p.m., we're out there the next business day. So, the longest it would ever be is if they call late Friday afternoon, we might be out there Tuesday. That's the That's the longest duration there would ever be for scheduling an inspection with our office. I can't speak for the state. Um, I would uh I I would ask if you would ask the property owner to go on record as to whether or not they intend to vacate occupancy of the multiple RVs that are on site uh when the mobile home is uh completed and uh approved for permanent occupancy

to the applicant. I don't know if you heard that question or not, but once the manufactured home is occupied, are you going to be then vacating the use of the RVs for for occupancy? You can store them, correct? But you'd have to disconnect them from all utilities. No electric, no connection to water or sewer or septic. They could just be stored. You couldn't, nobody could live in them. That is correct.

Would is that something you would be doing then? Uh, yes. So, I don't plan on living there long term. So, as soon as the home we're able to move into that, I plan on, you know, disconnecting the RVs and not living in them anymore. That I don't want that to be longterm. No, I I more than anything, my goal is to get out of the RVs. I don't want to be in the RVs, but absolutely once the home is I'm able to move in the RVs, they're they're not going to be occupied anymore. Okay. Yeah, someone who's spent several weeks in an RV, they aren't meant for long-term occupancy, for sure. Um, any other questions of the applicant by any of the board members? Member Ward.

U, thank you, Chairman. I didn't hear an answer to your question regarding what is a realistic amount of time it would take between now and the estimated date of completion. Yeah. So go ahead. No, no, go ahead.

Um, yeah. So, it really right now I I can guarantee that for sure before May it'll be good to go. Um the only thing that I feel like we're having issues with right now is um the inspections with the state they're taking I think I don't remember the exact time frame but it anywhere from like two weeks out um and even then if once the state does come and inspect the county I know they're pretty quick at coming inspect right after the state um the contractors you know they they have other homes they have to work on so you you know, they're on their schedule. Of course, they're trying to get me in there as soon as possible, but I I think it's beneficial to keep in mind that it's not just me that the contractors are working with. Um, they do have other homes that they need to work with. So, realistically, I would say right now we're in November, so I would say March, best case scenario, really, maybe even sooner. But I I also don't want to say, "Oh, we're going to be in the home by January." And then let's say the contractors, they're they're getting a bit behind, you know, the state inspection. So, I don't want to put like a solid time frame, but I would say March would be realistic,

especially through the holiday season. I could see that could be some difficulty. Darren, is there does the county not have a delegation agreement with the state office of manufactured housing replacement? Uh, we do the drainage clearance, zoning clearance. They do the building safety. Okay. Okay. Thank you. Any other questions of the applicant? Um, member Clap.

Uh, yes. You addressed the construction of the uh manufactured home, but you have not talked at all about the issues that are related to the property such as the the location of the RV has been pointed out to you by engineering that it has to be moved out of the flood plane. So, my question is, how long would it take you to um make the RV uh have the ability to actually be moved because it's a safety factor right now, if I understand the report correctly, uh the tires are not inflated and you don't have the ability to move that RV if there is flooding that takes place on that property. So, how long would it take you to get that RV ready and move it to a location that's out of the flood plane?

Yeah. So, once I I still like to base it off of once the home is ready because that really is ultimately my goal. Once the home is ready, I do not want to be in the RVs anymore long term at all. Um, and I know they're not highway ready right now, but that I feel like we could very easily put new tires and move them out the way. I don't I don't really think that's more of a I know for the county it is a concern you know flood plane wise but once the home is ready I can assure you that very very soon like maybe within the same week a few days we'll get those um RVs highway ready and we'll move them I don't know on the other side of the property or off the property so that they are not on there and they're not occupied anymore. Um, and that that could be done pretty quickly, but I I don't want to do that now if the home, the manufactured home, the permanent one, is not ready to move in yet, unless of course the board agrees that that is something or a term that you would like me to comply with. Well, that is a concern for me in that you've been told that you can't keep a RV in your in the flood plane for any longer than 180 days and you've passed that. Uh if it wouldn't take very long to make the RV highway ready, why couldn't you start immediately to make it make it highway ready and move it out of the FUD plane? that, you know, that seems to me to be something that could be accomplished relatively quickly rather than waiting for your manufactured home to be completed because the uh this case here has to do

with your RV placement and how long it's been there. It seems to me that there should be some date that you could name that you would have that RV moved. Well, I'm living in the RV right now. So, I like highway ready, you know, and move it off the property, but that's where I'm living at right now. So, if I move that to the other side of my property, I move it off my property, I'm not going to have anywhere to live. Um, because my permanent home is not ready. It's not move in ready yet. Um, so by all means, you know, I I could definitely have the RV highway ready, but as far as moving it off the property to a different location, that's a bit difficult because that's where I'm living in.

Is there anywhere on the property that is is not in the flood plane? [Music] I am not sure about that, Mr. Chairman. I can I can speak. One second. Uh, staff has something. Go ahead, Darren. I believe the entire property is flood plane and the issue is one of the unit to be stored in the flood plane has to be mobile and to be mobile means it can't be sitting somewhere more than 180 days.

Uh so all they're talking about is moving it a little bit on that same property. Uh I know that sound that may sound somewhat bureaucratic but the idea is it has to be a mobile unit in order to be stored in the flood plane. That is all. So even while living in it, it needs to be more or less highway ready, right? Uh it uh separate from the idea of the manufactured home being permitted for permanent use. This is uh and that and that is meeting uh flood plane use permit regulations, but the the the RV has to be a mobile unit. Uh which means it has to be movable around on the property

and that's irrespective of temporary use permit. That's a flood plane use permit regulation. That is correct. Did to the applicant, did you catch that? Yes.

So, so the tire issue that board member Clap was bringing up that needs to be addressed um whether it's stored or whether you're living in it through an approval or an extension of the temporary use permit. So, you'll have to get the tire issue addressed. And um if the TU is extended, move it slightly. So as Darren mentioned, bureaucratic or not, that's the condition under the flood plane use permit to allow it to be in a flood plane. All right. Was there anything else? Member BA, we can't hear you. You're still muted. Oh, okay. It make you make make a great mime though. Any other board members have any comments? Anything else from from you, Miss Ramirez?

Um, let me see. If not at this time, go ahead. Yeah. No, I believe that is it at this time. Okay, we may have other questions for you. Um, is there anyone else who wishes to speak on this item? This is a public hearing. Not seeing anybody else online. Anyone else? Oh, we have someone in the audience. Are you here to speak on the temporary use permit? Yes, sir. If you could come up to the podium, give your name for the record. My name is Michael Nunes with the Leto Charos. We're here for the temporary use permit on the event.

Okay. If you could go ahead and uh go go ahead with what you'd like to say. Just here to see what we need from you guys so that we can be approved on your guys' ends as long as we, you know, we want to be on your guys' approval. I I believe he's he's talking about an event that's not on the agenda. Oh, okay. We have a we have a rodeo uh permitting that we're here for. Oh, you're you're not on the agenda. Is that maybe for next month? No, I believe he needs to go talk to the planning and development department office. Oh, okay. You need They sent me here for reasoning is uh Let me see if I can show you. They they think I believe somebody misunderstood and thought there's a temporary use permit hearing right now for temporary residence in an RV. Wrong one. No, we're we're from a vacant land to rodeo.

Yeah, you you need to go to the planning department. They sent us over here. They Yeah, they wrongly sent you here. They probably thought you were here for a hearing. Yeah, I am actually. No, there's only one item on I'm sorry. You're here for a violation hearing, right? A code violation. No, you don't have it on violation. No. So, the only thing on today's public hearing of the board of adjustment is temporary residence in an RV. T It's got a TU number. TU 250046 and November 13th adjustment 205 West% at 10. Yeah, he he does have a notice of uh

if you want to take it up there. I'm I'm okay. Can you go back there, Ron? It shows it on the on the last row right there. The only thing I'm here for is just to see what kind of approvals you guys need from us to um basically with you're you're not advertised, so there's nothing we could take action on, but let's give us a second. We'll try to get to the bottom of it so we can help you. Thank you so much, Mr. Ramirez. If you could just hold on for a moment. Sorry for the confusion. We thought it was someone for your case there. It's not, but we want to see if we can figure this out.

Thank you guys so much. Oh, no. I did bring uh that actual paper just in case. So, if I need to bring it, you have the hard uh that one in the truck. Yeah, just in case because it's a bigger paper. I just brought it just in case. So, this Am I at the right building or no? uh staff will help him independent. It's not part of this matter.

Okay. All right. Back to the case at hand. Um nothing else at this time for Mr. Ramirez. And we have no one else to speak. No one else coming in. All right. I'm going to go ahead and close a public hearing, but again, we may have questions for you for the applicant. I'll turn it over to the board for discussion andor a possible motion. This is in district five. Fern, this is your district. If you'd like to open it up for discussion andor a motion.

I would definitely like to open it up for discussion. I was totally prepared to motion to approve it um with the cottisiles that were mentioned in paragraph 15. But after listening to the applicant and noticing that we she has not been in compliance twice and and it doesn't seem I got the impression it's not a big deal and I would like I would like to know um I would like more thoughts on this please.

Well stated. Anybody else have any comments? I would be okay approving it for a shorter time period than six months. I do think there has been progress made, but I also think that it's a little unreasonable to not just go get the RV's tires fixed.

And and I would I would echo those comments from from Vice Chair Person. Um clearly the manufactured home is there. It's going to take something to set it. Um, we are entering the holiday season. We're already there. It's going to be for contractors. There's going to be delays. Um, it kind of puts her in in limbo for the next two months, give or take. Just trying to work through that process. Um, she stated that through the end of March should be sufficient. That's that's what that's five months. Four months. four months that we'd be approving it for.

Chairman Loper, the end of March. Chairman Lope, it'd be about four and a half months from now. But we could make it to a date specific, right? Uh, yes. Probably better to do that than guess what day we are on the calendar. Chairman Loper, that is correct. Currently, condition C is written to um allow the duration for a period not to exceed 180 days. And it says this TUP shall expire on May 12th, 2026. uh we could revise that to a day specific such as March 31st.

So So that's a thought to it. I would I would support that. Um and then if that happened, Mr. Ramirez, you'd still that doesn't address the whole flood plane tires issue. That needs to be addressed separately because that technically you're in violation, but that's not for this board to address. That's just a heads up. um that the flood control district may be out at any day to address that with you. Any other board members have any thoughts on this? All right. Um is there a motion? Either way, denial, approval as presented, or approval with a different time frame. I motion that we approve TU250046 subject to the stipulations referred to changing the date due to March 31st.

We have a motion for approval with the change to condition 15C that the date changes from May 12th, 2026 to March 31st, 2026. Is there a second? Second. We have a second from Vice Chair Person Rosalie, when you get a moment. Member Ba. Gave it a thumbs up. Still doing the mime thing. Member Clap. Yes. Member Ward. Yes. Vice Chair Person. Yes. Chairman Loper. Yes.

Chairman, we have a motion for an approval by a vote of five to zero. Thank you and good luck to you, Mr. Ramirez. I hope that's sufficient time. And um good luck with uh with moving into your manufactured home and getting everything else addressed. And with that, if there's nothing else, we are adjourned. Everybody have a great Thanksgiving. Merry Christmas. Oh, we'll see you before then, but have a great Thanksgiving. Thank you to protective services for being here for us. Anybody that was in the military that's here, thank you for your