Board of Adjustment - Regular Meeting

Good morning everyone. We'll call this meeting to order of the Maricopa County Board of Adjustment. Rosalie, would you please do roll call? Chairman Loper, present. Vice Chair Persan, present. Member Ba. Member Clap here. Member Ward here. Chairman, we have a quorum. Thank you very much. Before we go further, I did want to make an announcement about our membership. We have a new member representing District 1. That's Adam Ba. I I believe Adam, you're online.

I am online. Thank you for including me and allowing me to serve alongside you guys.

Of course. Welcome aboard. I've known you a long time and some of the other members here do and some don't. But welcome aboard. We we look forward to having you serve with us on here. And with that, and I know he's probably not listening, but Craig Carden was the former representative for District 1 and had been on this board for at least a decade. And uh um I know the staff's sending him something as a gratitude for his service on this board. Uh with that, I'll move on to the announcements. This meeting has been noticed in accordance with the open meeting laws of ARS 38-431. Agendas for this meeting 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. With respect to the hearing process, oh sorry, with for each case, the applicant will be given a set amount of time to present their testimony. Any witnessing to give testimony on a particular case shall notify the board of such such interest. This shall be done by filling out a speaker's card if you're here in person or registering a desire to comment as noted on the published 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. If you're here in person and you wish to speak, please fill out a speaker request card. They're up by the podium and then hand that to staff. Looks just like this. I'm holding my hand. 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 each testimony for such testimony shall be at the discretion of the board chair. We have a big agenda today. It'll be a maximum of three minutes per person. The chair will conduct the hybrid in-person and virtual board or 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. The chair will verbally identify the specific board members responsible for all motions and seconds. We'll move on to the approval of the minutes. Has everyone had an opportunity to review the minutes from a from August 14th, 2025? There any comments changes? Seeing none, those are considered.

Yes. Oh, I was just going to say I I will abstain from the vote on the many minutes because I didn't participate last month. So noted. Actually, we don't do a vote on those. If there's no changes, they are just considered approved. But thank you. Duly noted, member B. Uh we'll move on to the regular agenda. Item number one, BA250045. So, Lawhead property in district 2. Nick, go right ahead.

Thank you, Chairman Loper, members of the board. Case BA250045 is a request for a variance to permit a front yard setback of 10 ft from the north lot line of parcel 22018007A, where 40t is the minimum required in the rural 43 zoning district. Uh, the property is currently vacant, but the property owners are proposing to build a single family residence. Uh the property's triangular orientation and small lot area both predate the Maricopa County zoning ordinance. Uh so when the Royal 43 zoning district was established in 1969, uh the property became legally non-conforming with respect to lot area measuring less than the minimum required 1 acre. Uh since then the only change to the orientation of the property occurred in 2002 uh when MCDOT acquired the north 30 feet of the property for the dedication of Quarterline Road. Uh since the further reduction in lot area was a result of government action, uh the property is still considered LNC with respect to lot area and for this reason the substandard lot area is not part of this variance request and will not be an impediment to development with or without variance. Uh that said, the lot's unusual orientation and substandard lot area create a building envelope that is smaller than what is typical for the world 43 zoning district. As such, this request is only for a reduced front yard setback to enlarge the building envelope. Uh developing a single family residence on site would fulfill the general intent and purpose of the rural 43 zoning district. Uh this may be possible without variance. Uh despite its reduced size, the building envelope appears large enough uh that it could still accommodate a small residence without reducing the required setbacks. This may even be possible without altering the dimensions of the proposed residence uh based on the dimensions provided on the site plan and floor plan. uh simply relocating it about 30 feet to the south and 39 ft to the west uh would place it just within the existing building envelope without variance. Uh for these reasons, staff is able to identify a pecular condition facing the property but is unable to identify an undue hardship created by said condition. Uh that said, if the board finds the

applicant has satisfied the statutory test and has stated its findings on the record, uh the grant of this variance will memorialize item A. Uh, variance approval establishes a north front setback line of 10 ft for 8 p.m. 220 1800 0078. This time I'd be happy to answer any questions. Great overview. Nick, are there any questions of staff by any of the board members? None that are in attendance. I see Fern shaking her head. No. Member Ba, do you have any questions at the time? I do not.

All right. I'll go ahead and open the public hearing. Is the applicant or applicant representative here in attendance? come on up if you could to the podium. Just provide your name, please, and go ahead with your uh presentation and your request.

Okay. Uh good morning. My name is Randon Anderson. Um me and my wife are here today. We're the ones applying for the variance. Um really what it is is with the 30-foot setback or 30-foot easement, I should say, from that the city took. Um, with the setback being 40 ft, they want that to start from the interior easement line, which would really realistically put the house uh 70 ft from the road. Pretty much taking away any chance of a backyard or any area. Uh, it's significantly uh smaller, like makes the space smaller to build. So, we're really just looking to get back to that kind of normal standard 40 foot setback. So, with it leaving a 10-ft setback, a 30- foot variance, that'll put us 40 ft from the center of the quarterline road, which would be considered standard if the easement wasn't there.

Very good. Anything else to add? Um, not really. I mean, it's kind of tough just when it gets pushed back. Uh, without that, it pushes us like like Nick was saying very south and to the west considering that wash line on the on the uh southeast side there. So, but yeah, that's the kind of hardship that we're looking at. So, all right. Thank you very much. Are there any questions of the applicant by any of the board members? All right. Seeing none, hold tight. We may have other questions for you. Okay. Yeah, this is a public hearing. Is there anyone else in the audience who wishes to speak on this matter? Seeing none, do we have anybody online?

Nobody online. No one online. go ahead and close the public hearing. Uh this is in district two which is a member collapse district. Is there any discussion among the board and or a motion um or consideration of this variant?

Thank you chairman. Uh based on what I've observed with this case, it appears to me and it has been stated that the staff itself has identified a peculiar condition in this property. And I do sympathize with the applicant for wanting to have a backyard. So from those from that standpoint as well as I don't see where it's going to be a negative impact on anywhere in the neighborhood. I move that we approve BA2500 45. Thank you. We have a motion for approval by member clap. Is there a second? Second. We have a second by vice chair person Rosalie when you get an opportunity.

Member B. Hi, 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. Congratulations. Good luck with your home. Thank you guys so much. Move on to the next item on the agenda. BA250047. This is the Horatio property variance in district 4. Joel got your name right this time.

Thank you. Uh Chairman Ler, members of the board, um this item is request for two variances on a rural 43 lot along 67th Avenue in the Poria area uh in district 4. The applicant seeks to reduce the required front setback from 40t to 31 ft and the required rear setback from 40t to 33 feet to develop a single family home. Next slide. Uh the parcel is legally non-conforming in lot area due to a strip annexation by the city of Pori in the late 1980s. Uh because of this government action, the lot ended up smaller than the standard rural 43 requirement. Also also has a shallow depth of approximately 120 ft. Uh when both these setbacks are applied, the resulting building envelope is only about 40 ft deep uh which limits development options. Next slide. As mentioned, the applicant proposes a home of about 4,000 square feet with a basement and reduce setbacks would enlarge the building envelope to about 56 feet deep. Uh staff acknowledges that the lots reduced area and shallow depth result from a government action and not from the applicant. However, staff also notes that development is still feasible within the 40ft building envelope that currently exists. Next slide. Uh while the variance would provide additional flexibility, uh staff cannot conclude that there is a peculiar condition creating an unnecessary hardship that prevents reasonable development. This time I'm happy to answer any questions.

Thank you. Thank you Joel. Great overview of this. Um going back to your original comment, it's fair to say the undersized lot though was caused by the fault of the city of Poria. Chairman Loper, that is correct. Um it is due to that strip annexation. I'll need to talk to somebody in Pury about that. Um and then but the but the home is not unduly large. It's typical sized home. It's just an undersized lot. Correct, Chairman Lope. That's correct.

Right. Thank you. Anybody else have any questions of Joel at this time? Seeing none, thank you very much. Go ahead and open the public hearing. Is the applicant or applicant's representative here in attendance? But chairman, I have Chris online. Uh he's unmuted. Chris may need to unmute on his end and then he can speak. Hi there. Thanks for uh thanks for your time today. I do represent

I represent the owner. Uh we designed uh this this um home for him. Um typically the uh shorter of the two sides is the uh is the front and the rear set back. And so that's how this uh building was typically uh designed. Um I um upon the reviewer's um advice uh it would be separate. So the uh the longer side is going to be the front and the rear setback which uh which made it difficult to fit these this particular uh property on the uh on this lot. Uh so that's why we're requesting um a variance of 9 ft on on the front and the rear setback. Uh we will still be significantly off of the major road uh which is 31 ft and uh this would allow for uh for this particular building to be to be constructed.

Thank you. Chris, if you could if you could provide your name for the record. Yes, my name is Christopher Antiveros with 312 Architect and Design. Thank you. Um, does that conclude your presentation? Yes, it does. Thank you. Thank you. Is there any questions of the applicant by any of the board members? All right, we may have more questions for you. As I mentioned, this is a public hearing. Is there anyone in the audience who wishes to make a comment on this particular item? Do we have anyone else online? No one else. No one online. Chairman,

thank you. Go ahead and close the public hearing. As I mentioned, this is in district 4. I am that representative. However, I always appreciate if someone else would be willing to make a motion. Um, I will mention as that representative, I don't have an issue. This is an undersized lot and I always am in support of seeing those utilized. I don't like to see them just remain vacant. Uh so I am in support of the variance. With that, turn it over to other board members for discussion and or a motion. Vice Chair P. Oh, member Fern or member Ward. Fern, go ahead.

I would um I agree with you. If it was the city's fault, I would like to make a motion approving the variance on BA250047. We have a motion for approval by member Ward for BA250047. Is there a second? Second. We have We have a second by member Clap. She just beat you, Adam. New I defer. The new guy shouldn't be jumping ahead of others. Member Ba.

Member Ba. Yes. 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. Congratulations to you. Move on to the next item. Item number three, BA2500, the Olsen Sports Court in District One. And this is Paul's. Uh yes, Mr. Chair. I'll present for Paula as she's uh out at the moment. U go ahead, Darren.

This is a proposed you specific five-foot setback for a private sports court where 20 foot is the minimum required. Darren, I think your microphone's off. I apologize.

No worries. uh BA250050 Olsen Sports Court in District 1 is a uh five-foot youth specific setback for a sports court where 20 foot's the minimum required uh at 21407 South 145th Street in the Gilbert area. In paragraph 16, staff notes that we're unable to identify a peculiar condition facing the property. The subject parcel is flat, not encumbered by flood plane or other topographical constraint. Uh staff is unable to identify an undue physical hardship created by the application of the ordinance. Uh in fact, the site has been developed uh for a single family residence which fulfills the general intent purpose of rural 43 zoning district. Um the variance could have been avoided uh had setback requirements been addressed with review of a building permit prior to construction. Uh, however, should the board um move for approval, we offer paragraph 17, item A, which would memorialize a five foot east setback for the sports car.

Thank you, Darren. Great overview. Pitch hitting for Paula. Are there any questions of Darren at this time? Darren, would you repeat what is the code required setback requirement? 20 feet. The the code requires a uh for any sports court like a tennis court, pickle ball court, basketball court. Um the the code requires a 20 foot setback from any lot line for adjacent to a property under separate ownership. Is the code requirement for a sport court different than a code requirement if this were a structure or is the same 20 foot? No, that it is

uh Mr. Chairman, uh, member V, it is a different requirement. Uh, detached accessory structures can be as close as 3 feet to a required rear or side lot line. They can't be located in the required front yard. Um, and if loc if encroaching into the required rear or side yards, they may not occupy or cover more than 30% aggregate of that yard. Okay. And then if I could add on to that, as we know from um our case the last couple of months, that's measured to the painted line, correct?

Uh Mr. Chairman, that's correct. There's not a requirement as to where you may place a slab. Impervious surfacing is just subject to drainage review. So, as long as uh storm water and other drainage requirements are met, it is it is fine. uh you start building structures and we do have height uh ver once you start going vertical structures we have height and setback requirements. Uh but we the since this is specific to a court which is often flat work we do measure it to what we consider to be the court. Uh so if your driveway is right on your lot line you can have your court uh 20t in. If that's where you consider the edge of the court and it's striped, that is sufficient.

Okay. So, there is a permit then for the slab that they should be getting, but where they stripe it, not necessarily. There would be a uh there's not specific requirements for flatwork uh permitting. Uh but there may be grading uh permit related to any surfacing. Uh there certainly would be uh permits related to any lighting or fencing or other structures. electrical. Understood. Thank you very much. Um, any other questions of Darren or other staff at this time by any board members? Did this come to us as a violation letter?

Let me double check. I do not see that uh in the report. So, I'm going to assume there is no open zoning violation on this property. And and to piggy back on that, are we aware of any opposition? I'm not aware of any opposition. I don't know if there's anyone present here today. Okay. Anything else, Adam? Member B. No. No.

Anything else from any other board members at this time? Okay. I'll go ahead and open the public hearing. Uh, I do have a speaker request card for Jay Olsen, who's the applicant, who I guess is in attendance. Mr. Olsson, if you could come up, just provide your name for the record, please, and then talk to us about your variance request.

Yes. Uh, my name is Jay Olsen. Appreciate your time. Uh, so four and a half years ago, I initially called the development office to to inquire whether or not a permit would be needed for this sports court. They asked if there was electrical involved. I said yes. And they said yes, you would need a permit. So, I submitted plans um for this court. And after a couple rounds of of revisions, they came back and said that they couldn't issue a permit for this because it was on a separate parcel that was not did not have a dwelling on it. Um, I had just started the process to combine the this the lot where the court is on with my the lot where my house was. And uh they at that point as well they did they did point out that that zoning law of the 20oot setback for a tennis court and or outdoor recreational structure. And at the time I interpreted because it there wasn't really any defined definition of what that was. Um, I interpreted that as as a visible structure from a neighboring property. Um, and uh, which would have been light poles, basketball hoop, what what have you. Um, because it there is no nothing in the ordinance that says uh, court lines or anything else. And and that was never even brought up to me until just a few months ago. Um and my court lines are about 17 feet away um from the property line. Um the property property is surrounded by a six foot tall block wall and and the property line in question uh does have uh my neighboring property has a row of mature trees that nothing is visible from their property to mine anyways. and with no objection uh from my neighbors. Um and uh the lot

combination took about a year and a half. Um so the the court was was built um um granted I I am aware that there was no permit um for this this concrete slab to be to be built. Um and um the other the other issue I had is is rotating the court in the other direction. I have a 20 foot easement running running through the the center of what is now the the the current property for a 6- in town of Gilbert water line. So that would have encroached on that water line if I would have rotated to to keep the the entirety of the concrete slab at least 20 feet away. Um and just with use, you know, appropriation on the property to to to to maintain a 20 foot distance away um does create a a a a bad use of of the property in my my my opinion and um I think creates an environment where a lot of people do not pull permits for these courts because of that particular vague zone. zoning law. Um there's dozens of courts around me that are right against a property fence and and with the zoning ordinance of of pools and and RV garages can be 3 to 5t away, it it seems in my opin opinion unreasonable that a that a a concrete slab with with lines on it has to be 20 feet away. Um, so I I I'm requesting a variance in this. Um, um, you know, the light poles and anything visual um, from a neighboring property is is further away than 20 ft. That's all I have to add.

Thank you. Um, you wouldn't know this, but we had a we had a case the last couple of months on a very similar issue. So, we've um fortunately or unfortunately became very um not I don't I wouldn't say knowledgeable, but we came up to speed, if you will, about this. And I would agree with you that there's some ambiguity and how the how it's interpreted and how it's um I guess how it's played out, the public knowledge to it. And I think that it would bear um possibly the county taking a look at the language and how it's done. I would tell you the reason for having it a little bit further away as evidenced in the last cases is that there is a noise component to it and there is the potential for a tennis ball, a pickle ball, um a basketball bouncing into somebody's yard. Maybe not in your case. Um, but there's a noise component. There's a ball component.

Not your case, but the other one there was. Yeah. Um, wouldn't bother me, but it would bother somebody else. Are you aware that is your neighbor, you said your the neighbor's good neighbor's not complaining? You don't have any complaints that you're aware of? No. Uhuh. Okay. Um, and I could say the same thing about pools, too. you know, there's even more noise and pool toys and things that could get over a fence when it's three feet away or an RV garage that's multiple story. Um, so you mentioned that this started because you got permits for the electrical for the lights. I I submitted plans for the entire court.

Okay. Um, I, you know, went through the entire process and went, I think on my third revision, that's when they came back and said that because this is on a parcel by itself, they couldn't issue a permit. And that had been three months after I submitted plans before they told me that. And the only reason, and this came back up because I I'm process of of building a a detached garage on the property. And so because that was this was a a pending expired permit and uh it was it was noted that I needed to to resolve it. Right. Without the principal use, you can't do the um any accessory use.

So the permits were never finalized. Never. So, you never had any kind? No, because it it uh it basically stopped when they told me that they couldn't issue a permit because of um there wasn't a house on that parcel number. Correct. Until after I combined the two. Okay. Any other questions of the applicant? Vice Chair Person, I have one question for you, Mr. Olson, then one question for Darren. So, you mentioned that the striping is actually 17 feet. Is that from the east property line? Yes. Um because what I'm hearing the requirement is is it goes to the striping. So I would say potentially we could modify the variance request for 17 ft instead of five feet.

I I had already started this process and and started at the five feet and then I was on the phone with with somebody in planning and they said well maybe you know it could be interpreted from from the stripe. And that was the first time I I I could have pushed it over three feet if I knew that was the case. Um but um I wasn't told that till two months ago. Okay. Well, we can I'll thank you. Um Darren, my question for you is that number three under the background section said the subject parcel is split from the parent parcel in a minor land division, but then Mr. Olsen was saying he combined parcels. So, it's been combined for a few years. Yeah.

Okay. I just wanted to clarify that comment in there because then it was confusing that said it was split, but maybe that was done before and then he went back and combined them. I think this combination is of other than the original parent parcel. Ah, okay. Um, and then further to his point about the striping, I mean it does it make sense to modify what the variance is for to have it be for 17 feet instead of 5T or is that ship sailed?

The uh uh Mr. Chairman uh member Persona, the maker of the motion can simply uh make it subject to item A and paragraph 17 modified to say 17 setback private striping. Thank you, Mr. Mr. Chair. I'm ready to make a motion. One one moment. We um we have a little bit couple procedural things to do. Um, is there anything else of the uh of the speaker? No. All right. Um, is there anybody else in the audience who wishes to speak on this? Do we have anybody online? Nobody online.

Nobody online. Go ahead and close the public hearing. Um, I know you're you're anxious, Adam. Hold on a second. All right. Go ahead, member Ba.

Thank you. Thank you. Um, couple things. First of all, this property isn't a regular shaped parcel. As you can see, the notch that kind of cuts through the property and then up again. And I think had the property followed the natural progression like the south property, then this sport court likely would have been within the required setbacks. Um, the second thing that found interesting was the presence of a easement on a property that may complicate the orientation of the structure. I'm ready to make a motion to deny as filed and modified as approved or recommend approval at a 17 foot setback. We have a motion to modify his file or just approve and modify the request. Bless you. Either way, uh we've over the years we've done everything at one point or other. Uh

I'm aware definitely aware of that. And uh so if you want to say uh approve uh modify to 17 uh that's fine. If you want to say deny is filed and approved modified that's the same. Max do you carry the way? Not specifically but it might be a little cleaner say just for the right. Okay. Adam, would you modify your motion as such? So be approve modified request. Absolutely as noted. Okay. So we have a motion for approve with a modified variance request for 17 ft instead of five. Is there a second?

Second. We have a second by member person. Rosley. Member Ba. Yes. Member Clap. Yes. Member Ward. Yes. Vice Chair Persan. Yes. Chairman Loper, a reluctant yes, only because the slab is there. If he wants to make it a basketball court at some point, then he's not compliant. But I'll say yes. Chairman, we have a motion for an approval by a vote of 5 to zero. Thank you. Good luck. Thank you.

All right, we'll move on to the next item. BA2500051, the Romanowski variant in district 3. And this one is Andrew.

Thank you, chairman and members of the board. The BA250051 is a request for an amended front setback to 21 ft where 40 ft is required. A request to allow structures outside of the platted building envelope where no structures are permitted. And finally, a request for a block wall outside of the platted building envelope where only obstructive nonobstructive drainage fencing is allowed. The parcel is approximately 36,000 square ft in size within the R135 RUPD zoning district of Supervisor District 3. The parcel is part of the Desert Hills RUPD which subsequently established a plat in 1987 with current with the current home being built in 1996. When established, the plat utilized parcel specific building envelopes. Areas outside of the envelope would be considered de facto drainage areas which would filter to the drainage easements established on the plat and throughout the parcel. The subdivision does not utilize drainage tracks or drainage basins as required in today's zoning ordinance. Any new development or buildings, including the proposed CMU wall, would need to conform to current drainage practices and policies. Any future construction is forbidded in the drainage easement areas. Staff notes that the front yard reduction request is only due to the nature that the county uses to determine front yards within the interaction of the culde-sac. If the proposed structure was in a different location, the use would be allowed up to 5 ft within a rear or side yard. Thank you very much. At this point, I would be happy to answer any questions you may have.

Thank you, Andrew. Great overview. Are there any questions of Andrew or other staff at this time by any board member? All right, seeing none, um, go ahead and open the public hearing. Is the applicant or applicant's representative present? I do have a speaker request card from the applicant. Um, it says as needed, but we would like you to speak, Mark or Kristen Romanowski.

Hello. Good morning. My name is Kristen Romanowski. Um, I am the owner of the property along with my husband, Mark. Um, we're asking for the variance. Our property is an odd shape because we are at the end of a culde-sac. So, the front property line is kind of our west facing and north facing parts of our property, which is where we want to put um we want to put it on the west or the north side of our home. Our home and our driveway kind of take up the middle of the usable space within our property. And by putting the easement 21 ft off, we'll be able to put an accessory building there that is not viewable from the street. um but is also outside of the flood plane as well as our septic system. So it puts us right in the middle of everything um from that perspective. Same thing with the block wall. If we bring the block wall 20 feet in, it'll be right in the middle of our septic, which is not a great place to put put a block wall. So we're trying to avoid all of the other obstacles within our yard.

Understood. This is a good evidence of why you don't put building setbacks on a plat. Um, any questions of the applicant at by any of the board members? Member Clap. There's an existing building now. You're going to tear that down and then build it on top of where it was, correct? Okay. Thank you. Any further questions by any of the board members of the applicant? All right. Thank you very much. Uh, this is a public hearing. Is there anyone else in the audience who wishes to speak, Mr. Romanowski? Nothing. Do we have anyone online? Nobody online.

Nobody online. Okay, I'll go ahead and close a public hearing. As I mentioned, this is in district three. Vice Chair Person, would you like to make a motion? Yes. Thank you. I do think that the location of the septic system creates a challenge to to move this. Otherwise, I would have said, can you push it further away? Um, so I will move that we approve case BA250051 subject to the language in the staff report. We have a motion for approval by me vice chair person. Is there a second? Second. We have a second by member clap Rosalie. Member Ba, yes. 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. Congratulations. Good luck with your home. Thank you. Move on to the next item agenda. Item number five, the Miller residence variance BA250052 in district 3. Darren, I guess it's hitting again.

Mr. Chair, members of the board, BA250052 Miller residents in district 3 is a variance for hillside disturbance outside the principal building envelope at 43711 North 10th Street in the New River area. In paragraph 15, staff has uh notes that the applicants demonstrated there is a peculiar condition facing the property and that there's a wasp traversing it in limiting where the septic system can be safely and feasibly installed. Due to physical and geotechnical limitations created by the existing horizontal slopes and existing wash that runs through the center of the site, feasible installation of the septic system is limited to the west portion of the property extending outside of the principal building envelope. Uh further the general intent purpose of the zoning ordinance will be preserved. The single family residence will meet rule 43 development standards. The variance will simply allow for the installation of the septic system outside the principal building envelope. This would not be possible without a variance. Uh should you act to approve in paragraph 16, we have conditions A, I mean I'm sorry, not conditions. We have items A and B that will be memorialized. Uh noting that the uh hillside disturbance on the outside principal building envelope is limited to 4,33 square feet for installation of a on-site septic system. and uh further memorializing that u approval is not related to driveway or utility connection outside the principal building envelope which will exceed that 43003 square ft.

Happy to answer any questions. Thank you Darren. Great overview and I'm glad you make that clarification now uh regarding utility stuff outside their control. Any uh questions of Darren or other staff by any of the board members? All right. Seeing none, I'll go ahead and open the public hearing. Is the applicant or applicant's representative in attendance. Chairman, I have Mike. Yep. He's ready to go. Go ahead. If you could just give your name for the record, please. And go ahead.

I apologize for interrupting. My name is Mike Pruffling. I'm the civil engineer of record. had designed the system and um as it was described the septic system that you see on on the screen kind of in the lower left um there's there's a wash that runs through the site which which really makes the available area to install a septic system reduced by 50% and being that this is a hillside lot. Um we the septic system as shown is on the downhill side which is the most practical um for construction and it's going to be adjacent to the entry road into the residence. So again, that's the seems like the it's we believe it's the ideal spot for servicing the servicing the septic system and and and really we believe it's it's kind of the only place we can we can install this system. So that's um and maybe another important factor is um the system as you see it has been fully approved by Maropa County Environmental the the MCED group which I believe is kind of the main regulatory agency. And so this variance is is really something we need to for the for the hillside grading approval. But the subject system has been fully approved. Um this is what grading approval. So so we believe there are two hardships. The the wash running through the center of the site and then um being that it's hillside this is the downhill side where you would install a system. This is sort of our only place to put it we believe. All right. Thank you very much. Are there any questions of the applicant by any of the board members?

All right. Thank you. Do we have anyone else in attendance or online who wishes to speak on this item? Nobody else online. Nobody else online. I'll go ahead and close the public hearing. This is in district three. Vice Chair Persona, would you like to lead the discussion andor make a motion? Um, yes. I'm just going to go ahead and make a motion that we approve case BA250052 subject to the language in staff report. We have a motion for approval by vice chair person. Is there a second? Second. Oh, she just beat you, Fern. We have a second by vi by member clap Rosalie.

Member B. Yes. Member Clap. Yes. Member Ward. Yes, Vice Chair Person. Yes, Chairman Lope. Yes, Chairman. We have a motion for an approval by a vote of five to zero. Congratulations and good luck with your residence. Next item on the agenda, BA250053, the Cohen Wagner property in district 1. Nick,

thank you. Chairman Loper, members of the board, SPA250053 is a request for a variance to permit a front yard setback of 30 ft on APN 3049072D uh where 40 ft is the minimum required in the rural 43 zoning district. Uh so the property is one of five parcels oriented around an ingress egress easement for 193rd way uh created from an unregulated lot split in 2023. The subject parcel is one of two flag lots so to speak in the lot split area. its panhandle or flag pole corresponds with the west half of the approximate north half of 193rd way. So as the easement continues south from that uh flag pole along the east lot line it provides direct access to the existing residence. Uh as such the east lot line functions effectively as the front of the property. Uh now due to the flag pole the property does have legal frontage along happy road as well. Uh which means that both the north and the east lot lines have street frontage. Uh since the north lot lines put together are still shorter than the east. Uh one interpretation to make from the lot's orientation is that the north is technically the front uh making the east the street side. And so when the existing residence was given zoning clearance uh the east was understood to be the street side and the north was understood to be the front. So, at this point, it's important to note that the applicant's original request was to reduce the front yard setback from 40 ft to 8 ft. Uh, with the understanding that the front setback is measured from the north, uh, that's where the owners intend to build a detached accessory building. Um, it was considered to be an appropriate location because it does function effectively as a sideyard and, uh, the zoning ordinance does allow accessory buildings in sideyards, just not in front yards. Uh an alternate interpretation, however, may be derived from the fact that the entire flag pole portion of the lot uh is within the easement uh that fronts the east lot line. And for this reason, the unencumbered area of the property has no direct access to Happy Road to the

north. Uh upon reviewing this case, staff's interpretation now is that the east is the true front yard. Uh this interpretation would also establish a rear yard to the west and sideyards to the north and south, respectively. Uh furthermore, detached accessory building could be permitted in the north yard without need for variance. And since the unencumbered area of the lot has no frontage along Happy Road, uh the Northard would be considered an interior sideyard rather than a street sideyard. Uh however, since the existing residence was built to a setback of 30 ft from 193rd Way, a variance would still be necessary to negate what staff now considers to be a non-conforming setback. Uh so if the board finds the applicant has satisfied the statutory test and has stated its findings on the record, uh the grant of this variance will memorialize item A, uh variance approval establishes an east front setback line of 30 ft as measured from the 193rd way street line for APN 3049072D. At this point, I'd be happy to answer any questions.

Thank you, Nick. I I do I'm asking for a clarification. I I definitely appreciate the overview because these kind of lot configurations are confusing at best. So the various requests is this for the requested accessory structure or for the existing residents? Uh, Chairman Loper, the request was originally to accommodate that detached structure because it was understood um when the variance was submitted that the north would be considered the front because when the house was permitted, when the house was given zoning clearance, it was interpreted that because of that little tip of the flag pole fronting Happy Road that the north would be considered the front. And so when the applicant submitted this request, because the north was considered to be the front, you can't have an accessory building in the front setback unless you reduce the front setback. So that's what the request was originally intended to achieve. But upon our review now based on the facts of the case, how the easement encumbers the entire flag pole. The unencumbered portion of the lot, the portion of the lot that's not encumbered by easement, there's actually no direct access to Happy Road. The only frontage then to the unencumbered area of the lot is from the east. So our interpretation now based on the facts of the case is that the front should be or the east rather should be considered the front. So the variance is no longer necessary for to accommodate the detached structure, but it would need to be it is necessary to accommodate the existing residence because now the existing residence is considered non-conforming because it's set back only 30 feet from that easement when with a front yard it should be 40t. So it would need to be reduced to 30 feet uh to no longer be non-conforming. But

so it is a permitted and Mr. Chairman, it is a permitted single family residence, arguably permitted in air based upon the fact that uh the flag lot is all within an easement. The front is the east. What is uh before you is a request uh e to memorialize the uh a variance to memorialize the non-conforming setback to the east. If they want to do an addition or something, this helps them. Correct. and it memorializes the different interpretation too. Okay, makes sense. Um, any other questions of staff by any of the other board members?

All right, seeing none, I'll go ahead and open the public hearing. Is the applicant or applicant representative in attendance? Troy John is online. Chairman. Okay, go right ahead then if you provide your name please and then go ahead with your presentation. Sorry. Give me one sec. John [Music] trying to get him to unmute.

I thought somebody said John.

Troy. John. Sorry. One sec. David, can you help to unmute him, please? Cuz I'm not seeing a button on mine. Yeah, it it looks like he didn't connect audio in the client. Um because I don't I don't show that option.

David, this is Darren. If uh if the applicant is listening and can hear me, you may call in and we'll put you on a speaker phone. Please call 602 723 22241. Nobody else hear that number workphone. I'll be turning it back in sometime. Troy, did you get your audio connected

again? That number is 602723 22241.

He said he's working on it. He messaged me right now. Troy, it looks like he may have access to the the microphone now, but uh and I have him unmuted. Um but he has to unmute on his side and maybe he's having a challenge with that. So if it's easier, he can just call Darren's phone. Just missed it. Sorry.

I get for having it on vibrate. Hello, sir. Are you are you here for the BOA? Yeah, let me put you on speaker. One second. You should be on speaker, sir.

Holy smokes. I apologize for that. I called into the number that was on the invite, but apparently it either didn't connect, didn't work, something. But anyway, um my name is Troy John. I'm the general contractor for the detached accessory building. Um and uh so really I joined to answer any questions. uh as as Nick had pointed out, which again we appreciate uh Nick's work on this, uh there's no impact as far as the accessory structure at this point. Um it sounds like it only relates to the existing uh residents. All right. Thank you. Are there any questions of the applicant by any of the board members?

All right, seeing none, is there anyone else online on this item? Anybody else in public? No one else online. Okay, I'll go ahead and close a public hearing for all that effort. We do appreciate you calling in and this is in district one. Um, open up for discussion andor a motion, Adam. Yeah, I think the special circumstances speak for themselves when you look at the shape of the property and the prior determinations of zoning clearance and staff. I think really this is just simply about a lot reorientation and for that purpose, uh, I'd recommend approval of the variance. We have a motion for approval by member ba for B8250053. Is there a second?

Second. We have a second by Vice Chair Person Rosalie. Member B. Yes. Member Clap. Yes. Member Ward. Yes. Vice Chair Person. Yes. Chairman Loper. Yes. Congratulations again. Thank you for your effort in communicating with us. Good luck to you. Thank you so much. Thanks Darren. Thank you Darren. Move on to the next item on the agenda. Item 7 BA250054 the Coreo residence variance in district 1. Joel.

Uh Chairman Lope, members of the board. Um, this case is a request for a variance to reduce the required streetside setback from 20 ft to 5 ft in order to permit an accessory dwelling unit uh that was built without benefit of a permit property located on Tutill Road in the Rainbow Valley area and is zoned R135. Next slide, please. Uh, the lot was created through an unregulated land division in 2021 and the ADU was uh subsequently constructed without benefit of a permit around 2023. A private ingress egress easement runs along the south property line and provides access to a neighboring parcel to the west and that was dedicated uh as part of that 2021 uh land division. Uh the ADU encroaches into the required street side setback adjacent to that easement. Uh it should be noted that this is an ADU because the applicant is also pursuing a permit for a single family residence on the slot currently. Next slide. Uh the applicant argues that the overlapping easement setback reduced the usable width of the property and that this constitutes a pecular condition. However, staff notes that the construction of the ADU without permits makes it self-grade in line title. Next slide. Uh the underlying lot is otherwise standard in shape and size and there's no physical condition that prevents compliance with the zoning ordinance. Uh because the issue arises from unpermanent construction and not from a hardship adherent to this property. Uh staff cannot identify a statutory basis for approval. That's Tom. I'm happy to answer your questions. Thank you, Joel. Is there any questions for Joel or other staff members by any board members?

Yeah, go ahead. Adam, how was there an ADU before there's a primary structure?

Uh, Chairman Lope uh Chairman Loper, member BA, so the uh primary structure is currently in in permitting is my understanding and this this ADU essentially is what is holding it up. The primary structure would be located within primary structure setback. So it would be 40 ft to the east, 30 from the north, and then you'd have the streetside setback uh created by this easement. Uh and so the ADU, to my understanding, as an accessory structure, can't conform to accessory structure setbacks. Uh in this case, as a street size structure, it needs to be 20 ft rather than uh 30 feet um in in normal circumstances. Is that it indicated on the exhibit?

Chairman Ler, let me double check here. You also said that the original residence was demolished, correct? Yeah. Yeah. Just to clarify, the there was a residence that was on this property um that was demolished sometime in the 2010s. Um this was to replace that residence.

Board member Ba. Is that that work for you? Do you have other questions? Okay. Any other questions of Joel? All right. See none, I'll go ahead and open the public hearing. Is the applicant or applicant's representative in attendance? Come on down. [Music]

Channeling my inner Bob Barker.

Hi, good morning. My name is Esar and I'm here representation of the applicant. Yes, this is an ADU. It will be like this original came the problem came because of the the permit for the main residence was um submitted and the actual easement that is currently right now it's mostly like a private driveway because it's only the access for the adjacent parcel in the back. So, and the owner wants to uh keep the ADU. So, that's the that's the only thing. And it wants to this particular ADU, it's instead of being 20 from the from the Eastman, it's 5T from the from the Eastman. So,

okay. Is that your presentation? Yeah. I don't know. Are there any questions of the applicant by any of the board members? I I do have a question of staff. If that easement were abandoned, would that would that solve the issue? It looks like it serves multiple properties. Chairman Loper, that that is correct that it serves the property to the rear. So, I I don't believe it can be abandoned. Of course, ements are civil actions with property owners. So, I suppose in that sense prop it's possible. Um, if it was to be abandoned, uh, that would essentially legalize the ADU, uh, assuming they received a permit for it. Um, but I don't believe that is a possibility in this case as it does serve other properties.

All right. Thank you very much. Um, okay. We may have uh other questions of you. Hold tight. So, uh, this is a public hearing. Is there anyone else who wishes to speak on this item in attendance? Anybody online? Nobody online. Nobody online either. I'll go ahead and close a public hearing. This is in district one. Um, any discussion and or a motion?

Um, well, this isn't in my district, but Adam, if you're okay, I'll make a motion. far away. It's not in my district either, but it Yeah, it seems like it should be district five, but um I'm not in the Rainbow Valley area. It seems district five, but boundaries are weird, so I I don't know. That is district five. I apologize. It is district five. Okay. All right. Member Ward, I'll turn it over to you then. Fern, it looks like you're you're muted. I am. I was going to say go ahead with your motion, please. All right. I move that we approve case BA250054 subject to the language in the staff report.

We have a motion for approval by Vice Chair Person. Is there a second? Second. We have a second by member Ward Rosley. Member B. Yes. 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. Congratulations. Good luck with the uh reconstruction of the other one. Thank you. Move on to the agenda item 8 BA250056, the Havlin garage variance in district 4. Joel for you.

Chairman Loper, members of the board, this request property on 102nd Avenue in the pur area um for a uh detached accessory garage for constructed uh they see to reduce the front setback from 40 ft to 30 ft in order to extend this garage. Um this is to house a 40 foot long recreational vehicle inside the garage. Next slide. Uh the garage was originally permitted in 2018 and the lot itself is of a standard configuration. Uh there do not appear to be any slope issues, regular shapes or easements that restrict this development. Next slide. Uh staff notes that the site already has multiple driveways accessing 102nd Avenue uh which is not compliant with the current zoning standards uh but is treated as legal non-conforming since the garage was previously permitted. Next slide. Uh the opin stated the garage cannot be extended to the rear due to the location of the septic system on the property. That in of itself does not constitute a peculiar condition of the slot. Uh the property does remain fully usable without a variance and no hardship would be imposed by the zoning ordinance in this case. This time I'm happy to answer any questions.

Thank you very much Joel. Good overview. Are there any questions of staff or Joel? All right, seeing none, I'll go ahead and open the public hearing. Is the applicant or applicant's representative in attendance? come on up and provide your name and give us an uh an overview of your variance request, please.

Yeah.

Uh no, not necessarily. It'll be quick. Yeah. So uh my name is Rich Kendall and uh I am representing Larry Havlin the property owner of which he is here he's in state this at this time. So uh the reason we asked for this variance is the original building uh the original garage we wanted he wanted to build it larger and we realized we couldn't because of the septic system and then found that we had to have a variance. So at the time didn't have the motor home and at the times he went ahead and he built the building, permitted it, did all the the things he was supposed to. Well, then now we got the motor home and uh we need an extra 10 ft onto that building in order to park that motor home in there. That'll, you know, make make the uh length of the building a little over 47 feet, I think. And then motor home is 40 ft. So that gives us enough room that takes it off the street. uh it puts it uh you know from a weather p perspective protects it. So that's really the purpose of it and um we didn't realize we didn't under we didn't know that there was a a requirement for driveways until this all came up but um it is what it is. So we're asking for your approval.

All right. Thank you. Are there any questions of the applicant by any of the board members? All right. Thank you very much. Is there anyone else who wishes to speak on this item in attendance? Oh, and oh yes, one thing. I just want to make a statement. This has been a very easy process for us. We were told it was going to be difficult and I want to thank everybody. U not trying to prime you up or anything, but I just want to thank you because it was a very easy process and we had a lot of internal help and I appreciate that. I think pizza would help them more. Duly noted. Thank you very much.

Anyone in in the audience who wishes to speak on this item? Do we have anybody online? Not nobody else online. Nobody online. Go ahead and close a public hearing. This is in district four. I'll go ahead and um unless there's discussion, I'll go ahead and make a motion. I would move for I do have a quick question. Clearly, the architectural design is going to be an extension of the existing building. You're not going to be able to tell that it's new construction.

Thank you. I I move for approval of BA250056. Is there a second? Second. And I also want to thank you for the compliment. We don't get them very often. No, we get quite the opposite. Yeah, I mean they get quite the opposite. Nobody says anything bad about us. Um, we have a motion for approval by me, Chairman Loper, and a second by member Clap Rosley. Member Bach. Yes. 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. Congratulations. Good luck with your work. Thank you. Next to last item on the agenda, TU250036 Jimenea's Ranch temporary use permit in District 4. Andrew, thank you chairman and members of the board. Mr. Chairman, real quick, this is Adam. Um, I don't know how long I'll be able to participate this one as I prepare to board a flight. So, if you do call for a motion, I don't respond. It's just because um I'm I've lost uh connection, but I'll probably participate as long as I'm able.

No worries. We do have enough for a quorum. Appreciate you being here as long as you can and good luck and safe travels. Uh go ahead, Andrew.

Thank you, chairman and members of the board. TU250036 is a temporary use permit request for a wedding event on October 25th, 2025 for approximately 150 guests from 4 to 11:00 p.m. The request is located on a 6.3 acre R16 zoned parcel located at approximately 83rd Avenue and northern in the Glendel area. The residence has an open violation dating back to 2023 for operating an illegal event venue and unpermitted construction of the facilities. Staff has been working with the applicant since January of 2024 on a special use permit for the event venue under SU240014, which has subsequently stalled after approximately three reviews. The applicant is proposing a temporary use permit. The applicant has proposed a a temporary use permit for the same event last year and subsequently did not appear for the board of adjustment hearing which resulted in the case being tabled. Staff has multiple concerns with the proposed with the proposed event venue including traffic safety, event safety, fire department emergency site access, sanitation, and unpermitted structures being utilized. Staff is extremely concerned with the layout moving all vehicles through the site to the rear parking area. The applicant has not provided documentation from from the fire service indicating appropriate emergency access or commercial service. Staff recommends denial of the proposed temporary use.

Uh please no interruptions from the audience. He's violating your procedures. No, he's not. Please, I will have you removed if there's another outburst. I am not going to put up with this. Go ahead, Andrew. Staff recommends denial of the proposed temporary use permit due to the issues of public safety. Staff feels that any path forward for the event venue involves a systematic engineering, building, and safety permitting that would come with the development under a special use permit. However, if the board chooses to approve the TUP, then the staff offers conditions A through0 for consideration. Thank you very much. At this time, I'd be happy to answer any questions you may have.

Thank you, Andrew. Are there any questions or of of Andrew or any other staff members at this time? I I do have a couple. So, they have a special use permit, but it's not really advanced from the initial application. Yes, there has been an application for a special use permit. We have gone through two to three rounds of review and that was submitted January of last year of 2024. Correct. Okay. And then they had a temporary use permit that came before us last year, but it didn't go anywhere. Correct. Um the hearing was scheduled for October 17th, 2024. Okay. Is this tip is this similar to the one that came up for us last fall?

Last fall requested additional events. This one is only requesting one event one for just the one event on October 25th. Correct. Okay. All right. Any other questions of staff at this time? All right. Thank you very much. may have more. Uh, go ahead and open the public hearing. Is the applicant or applicant's representative in attendance? Yes, come on up. Uh, please provide your name and, uh, give us an overview of your request. Hi, good morning. My name is Alandre. If you could speak into the microphone, please.

Good morning. My name is Alandre Sketa and I'm a representative and I'm here with the owner as well of the ranch. And I know um there has been setbacks for the special use permit, but due to like our engineer like having like major work, so that just kind of sets us back as well. And like there's been like other issues like me not fully understanding much of it, but we're trying to get through it as quickly as we can. And I know there's some concerns about like the fire exits or like emergency exits and through the like the west side of the property. It's there's like a canal right there. So like we can't get like another exit through there and then on the other side there's like other owners right there and we have talked to them about like them giving us access to their road so we can have an emergency exit but they don't want to complaint with us. So, and by like previous events there before, like we have never had like a problem or nothing like that since the property is like pretty like really big and we do have security for events so they have to take care of everything like as quickly as possible. they're trained and like if an emergency happens like everything's just going to go flow through like I guarantee like there's going to be no issues and for like safety concerns like food wise or like water or like sewer wise um every every person that has an event there in their own vendors. So like us like we don't have to like we don't have like a kitchen area for them. We have like a a set area for them to put their food but like it's not like a kitchen wise like where we're cooking or like we're washing dishes or things like that.

Okay. U could you would you mind tell me tell me about this particular event? I know that Adam gave a Adam Andrew gave a good overview of the but tell me in your own words that the time number of people I know it's a wedding event. Tell me a little bit about what's what what's happening. What kind of security traffic control that you're proposing for it. Okay. So the wedding itself is going to be from like 4 to 10. If you could speak up in the microphone please.

So the event itself is going to be from like 4 to 10 and then from 10 to 11 is going to be like cleanup time. So like at 10:00 everything's going to be shut down. Like no more music, nothing at all. And then from 10 to 11 just clean up and that's when guests already like have like majority of the guests are already gone by that time. And weddings they're more like calming. So there's not like big fuss like going on like other parties like birthday parties, you know, like but just for this event, this event is just one day for a wedding. Yeah. Is there is there live music?

Um, they they are going to have a mariachi which is not like it's not going to be like super loud. It's just like maybe like 10 ft from where the reception area is going to be at with ampl amplified music. No, just what their their instrument is, but but it's not into an amplified microphone. No, there's no speakers for them at all. Um, in terms of food, what's being done for food for this event? Is it catered? Is it cooked on site? Yeah, it's catered. More catered food. Food trucks. No, no food trucks. So, it's catered. Yeah. Brought in by outside vendor. Yes. How many guests estimated?

150 people. 150 people. What are you doing for traffic control off Northern? I'm very familiar with this area for um we actually spoke with Puria cuz they're in charge of that area and we have already talked to them that there's going to be like no issues since like every guest like they all arrive like separately at different times. So like maybe like two cars will come in at the same time, but they're quickly like giving directions to parking. And then like once you enter the gate like there's like a big section like of cars where they can be there for like less than five minutes probably and then they'll just be given directions for parking.

Are you are you using anybody for traffic control? Anybody going to stand out on the street and guide people? People may arrive at different times but people probably depart at the same generally about the same time. Anybody going to be out there directing traffic, stopping traffic? Yeah. Um, we have security. So, there's probably going to be one like in the main entrance and then one like in the exit like we're going towards the street and then one for parking. Do you recall who you worked with at the city of Poria? Do you remember her name? No, I don't remember her name. Okay. Um, what about alcohol?

Alcohol? There is no alcohol given. um unless they're they like the wedding people like if they bring their own there is a bartender that we um get and then they do check IDs and whatnot and also like when there's one security guard that's like that's going to be in the front which is also going to be like in the area like um just they're looking at people make sure that there's no minors drinking or there's like nothing bad going on. Okay. And then you're you're going to be doing your own trash collection at the end. I mean, you'll have trash cans around and Yeah. Okay.

Um All right. I think that's my question. Anybody else have any questions? Yeah. Member Clap. Have you submitted a plan for where you're putting the restrooms and how many will there be for 150 guests? Yes. I believe that's this. It's difficult to read because it's such a large property. Yeah, it's difficult to tell. How many will you have? Um for women's I believe it's three restrooms and there's a handicap in there and then for the men it's two of them. And if um there's needed more um we know somebody that can rent us the restrooms like the public restrooms, the blue ones.

When you were talking about this previously, you mentioned that there were had been other events in on this property. Is that correct? Yes. Were those um permitted events or what kind of events were those?

Um they were the same um like birthday parties, weddings or like 15s. And we didn't know like we needed to do this process. So that's whenever we had those events. But once we found out that we needed to get permits, then that's when we kind of like stopped and we just continued on with what we had already had. like we had made contracts with people and we did have a situation where we cancelled the entire thing and we moved their event somewhere else but it was very difficult because a lot of the vendors that they had um they couldn't go all the way out there or like their invitations had already been made. So like they had to modify and that's like more work for them. And also like guests that come out from like different states or countries like it just makes it a little bit more difficult since like they get like an Airbnb or a hotel like close to the venue. So then like moving it like elsewhere like it seems makes it a little bit more difficult.

Are you intending to have events in the future? Has have you discussed having a special use permit for this property with the with the staff? Currently it's just this event that's going on. Um, we don't have anything else in the future until we get the special use permit. Well, you you do have a special use permit. Yeah, but the one in process. In process. Okay. I'm sorry I missed that point. Okay, that's good. Thank you.

U, what another question in terms of surfacing for your parking? I mean, you don't have paved parking lot clearly, but do you have are they parking on grass, gravel, just kind of an open area? It's more um dirt area, but we do water it down like so there won't be um any like dust going around. Do do you um and this is a question for Andrew as well. Um on your previous ones, did you get complaints from neighbors? Is there violation on this? Do you know there is violation? You said that I think correct. There's an open violation for the operation of the event venue and unpermitted structures.

And unpermitted structures. In terms of neighbors, are you aware that neighbors have complained? Have you talked to your neighbors about this? Yes. Um there's just one specific neighbor that um actually the the boss's son like he's more in in the venues like when the venues are the the events are going on, he's more right there or like they text him, they call him like with concerns. But we always try to like to make sure like like if they tell us like, "Oh, the music is too loud." like, okay, let's turn on the music.

Okay. All right. All right. I don't have any other questions. Anybody else? Any other members? Member Ward? Nothing at this time. Okay. Um All right. Thank you. We may have likely will have other questions. So, um go ahead and stay tight. Uh this is a public hearing. Are there other members of the audience who wish to speak on this item? I was not on the speaker list. That's fine. It's open to the public. Just come up to the podium, provide your name, and um you have three minutes.

My name is Mark Graham. I have no opinion on this particular thing. I have a procedural issue because I notice county or uh planning has done the same thing on our application recommending denial. county is pro or planning is prohibited under your bylaws from making a recommendation to action. That would be page 8, section W of your bylaws. And it says um staff reports and presentations shall not contain recommendations for action. However, conditions of approval for board consideration are acceptable by having planning make a recommendation for action on anything. um is improper, inappropriate, and unduly prejuditial to the applicant's process. And like I said, I have nothing to do with this one, but I notice on the uh uh schedule that it has big black denial next to ours also. And I want to say they are not allowed to make an approval or denial recommendation, and they should be admonished for doing it because they darn well know they're not supposed to. Um, yeah, I I guess we can look into that. The it's out. Um, and I would have to say I'm not I'm not aware of that. I don't know that that applies to temporary use permits or if that just applies to variances. I know that our county attorney and our uh planning director will be looking to that going forward. Noted. Is there anybody who wants wish to speak on this particular case on this item? No one in the attend. Anybody online who wishes to speak on this item?

Nobody online.

All right. Go ahead and close a public hearing and uh open this up to the board for discussion or motion. This is in district 4 and I will say that this is tough. Um this is a single event. Generally speaking, for a single event, I'm in I generally am in favor of it and and hear me out because I like to give people the opportunity to sink or swim on an event on a single event. uh especially if they are trying to get the overall entitlement that will take care of the overall solution, a special use permit, which they have applied for, but they've not worked, you know, they're not working, they're not advancing that. They haven't done anything. Andrew, when's the last time that there's been action on the special use permit?

Uh the end of May. End of May. Correct. So, so it's been a few months but not a year. Correct. Um, so that that's a little hopeful. They they do seem like they they know what they're doing. There is an opportunity. I don't know what's solved if this is pushed off a month. There is a there's an opportunity. We do meet before the next event, but I don't know what's solved if it's going a month. Um, I generally am supportive of staff's gut on these things.

Chair, Mr. Chairman, can I ask a question? Yes. Is this the first TUP this group has asked for? That's a good question, actually. Uh, no. Um there was a TUP asked last year for the same same event multiple events last year in 2024. It was multiple but there was no action taken on it. No, we we decided to take it to the board of adjustment and the applicant sub subsequently did not appear for hearing and so the board tabled the event or tabled the application with no decision made. Never a decision made on correct. And that was for multiple events and this is just for the one. Yes. New application. Correct.

New application. Um, you know, you speak wisdom with your thought process. This is kind of like training wheels for whether somebody deserves to be granted an SUP and and they don't have to do this, right? Everyone could just go straight to an SG. It could be granted and then you could just live with whatever the circumstances are. The DUP does give the applicant an opportunity to prove themselves and it gives the county board supervisors an opportunity to evaluate how they performed and evaluate a future SVP. So I can see some wisdom in in in a singular event that gives them an opportunity to to demonstrate they can be a good and reliable operator.

That that is an excellent point. That's an excellent point. and plus also it could help you figure out if there are things you need to amend or address in your special use permit. With that said, I would move for approval of TU250036 for the special event for the wedding on October 25th of 2025 only. Second. Motion by myself and a second. Motion for approval and a second by Vice Chair Person Rosalie. Member Ba. Yes. Yes. Member Clap.

I'm sorry. Did you say my name twice or did I fall asleep there? Oh, member Clap. Thank you. Member Ward. Yes. Vice Chair Persant. Yes, Chairman Loper. Yes, Chairman. We have a motion for an approval by a vote of five to zero.

Good luck to you. And as noted, uh you have the special use permit. I would encourage you to move that forward. This very much is going to um for lack of a better word, prejudice how that special use permit bears out. So, best of luck to you. move on to the last item on our agenda, TU250037, the Gamble Field Dog Show, also in District 4. And u this is Isaac Perez. Isaac, you're new to the department, I take it. So, welcome aboard. We are a very tough board, as you can tell. We grill staff heavily and so be prepared. We don't we don't cut any slack. Welcome aboard.

Mr. Chairman, before we proceed, may I uh confer with council real quick? Yeah, absolutely.

I need to look at my Yes.

Mr. Chairman, thank you for that time. Um, there is some confusion in in uh poorly drafted amendments to the bylaws. Um it mixes variances which are quasi judicial cannot have exate part exparte communication cannot have recommendations and they don't not have conditions right

with a temporary use permit which is a land use decision it's not quite judicial um it will always have conditions uh and we've always made recommendations in fact staff administratively is the deciding body on a temporary use permit administratively. So what comes before you is because staff would deny a temporary use permit. It's the appeal of a denial that's brought to you. But what we have done in practice is gone straight to the TUP. We advertise the 10-day period for public comment and uh the board date at the same time. Uh we have been viewing that as customer service to get it to you faster. Uh, so I would say two things at this point. If the applicant wishes to have this item tabled next month, we can bring it back with a revised staff report um that doesn't have a recommendation. It will still have the same negative commentary uh suggesting that it move forward with a special use permit, which if they address some of the mitigating factors, it's possible for approval. uh you know and then that would negate them attempting to come back every 6 months for a new 30 days of TUP which is inappropriate. It's a long-term use ongoing use. It's not a temporary use. Uh or uh we can move forward this this time and uh staff uh uh uh resends a recommendation. every other item in the staff report uh we still put forward and we'll proceed with our uh with our staff our verbal presentation however you see fit Mr. Well, I I think it's only fair probably to open up to the applicant and ask them their brother. Did you Did you catch what staff said?

Yes, I did. If you could come on up, give us your name, please. Let us know your thoughts on how you'd like to move forward, whether you want to continue this with a revised for a revised uh recommenda or revised staff report with no recommendation or move forward with what's on the record today. Hi, my name is Jane Pyer and I am the applicant and Mr. Graham is the owner of the property and so we're kind of together on this. Um, I have no problem with moving forward today with just the leaving off of the reading of the recommendation.

Okay. Like it's we have encountered difficulty in this process and for us to be able to understand what is actually needed necessary and required we've done a lot of research and when things don't match and we can't get answers it becomes very frustrating and so I do apologize for the abruptness of trying to get the board's attention. It's there's a lot of frustration going on.

Okay. All right. With that said, we'll just go ahead as if this was just a normal case then. And Isaac, we'll turn this back over to you. Uh again, this is TU250037, the Gamble Field Dog Show in District 4. Go right ahead. I don't know if you want to tell us a little bit about yourself or just go into your presentation. It's up to you. Um just a little bit about myself. I've been working in this department planning and development. uh for about three years now. Started off as an intern. Okay. Did some plan review, did some development services, now working as a planner. Uh so I'm thrilled and excited to be part of the planning team now and thrilled to be working. Look forward to working with each and every one of you. Well, good. Welcome aboard.

Thank you. Thank you, Chairman Loper, members of the board. TU250037 is an application for a temporary use permit for 29 event days for dog shows, competitions, and community gatherings in District 4 in the Tonap area to take place from October 2025 through April 2026. Located at 2511 South 331st Avenue, south of the Interstate 10 freeway near Broadway Road, the subject parcel is zoned RU43 and approximately 19 acres of mostly undeveloped land with accessory structures and a single family residence located on the east end of the property. The site is accessed through a county maintained road to the west and undeveloped land, a single residence to the south parcel, a single family residence to the north parcel, and vacant unde undeveloped land on the east, southeast, and northeast and of the 19 acre subject parcel. The dog shows and competitions will be managed and operated through the American Kennel Club, United Kennel Club, and Melasser Groups that will take place on the dates outlined in the staff report. Event hours in the in the narrative state that the events will commence around 7 a.m. in the morning with operations seizing around 11:00 p.m. at night. No food or alcohol will be present on the site during these events. Event access will be located on the northwest end of the property where 300 linear feet of 6 foot high chain link fence is located adjacent to the neighbor adjacent to the neighbor parcel to the north. staff received no objection or comment from Maricopa County agencies such a such as MCDOT or environmental services or any of the contacted areas interest of interest but did receive one public comment outside of the 10day public period for comments with concerns outlined in staff's report. Additionally, the applicant has provided 65 letters of support of their

application which have been included in a staff meal memo along with a rebuttal and response. Because of the recurring frequency of the TUP applications, this being the applicant's third TUP, increased intensity of the land use, and concerns outlined in the staff report. We recommend that the applicant pursue a special use permit to continue these events. The need for the special use permit was stated to the applicant back in 2024 following a pre-application meeting that was held after approval of their last TUP. If the board motions to approve this current application, staff offers conditions A through Q as outlined in the staff report. There any questions? I'd be free to answer those for you.

Thank you very much. Are there any questions of of staff or Isaac at this time? I I do have one. Um I don't print my I just do the electronic download of the staff report. I try to save paper so I don't print them out. Is there a condition that talks about um the number of events that are under this TUP or the limitation on dates or number of events? I apologize again. I seem to recall one, but per the zoning ordinance, it's limited to 30 days within a six-month period. Okay. Whatever 30 days they want. Correct. Correct.

Okay. Thank you. Anybody else? Any other board member? Okay. I'll go ahead and open the public hearing. I have three speaker request cards on this. Um, Miss Piper, am I saying that correctly? I know you said it, but I didn't.

Yes, sir. So, um, again, my last name is Pyer, and it is spelled P EI FFER. But I do believe in a couple of Mr. Perez's, um, um, mentioning of my name. He did spell it phonetically so that he would pronounce it right and did. So, um, so that's good. Um, okay. So, I am the applicant on this and I did submit both a detailed objection to excuse me to the uh public comment that even though it was received out of time is definitely incorporated into the uh planners report and recommendations. And then I also uh submitted a rebuttal to the planning and development report itself clarifying many issues. I'm happy to answer any questions. I know my rebuttals and responses were long. I can go through them if you'd like, but it will take more than five minutes.

The I would appreciate you giving a brief overview of of your request. Okay? And please don't it doesn't need to be 15 minutes, but just kind of a brief Oh, I can give you an overview of the request. an easy piece. I guess the big issue for me is why haven't you applied for a special use permit? You've known about it for some time.

Okay. So, when we were here a year ago and we were working with Daniel Johnson, we did have the first pre-application meeting for the special use permit already set. Um, but due to scheduling, we were not able to do that until November. So, after we appeared before the board, so we got the temporary use. We went to the pre-application meeting and Mark and I chose to attend that meeting in person. And when we walked into the building, Daniel Johnson pulled us aside and said, "You don't want to do this. Keep doing the temporary uses each year. You're never going to get it approved." That's why we did go ahead and have that meeting because we paid for that meeting. And during the course of that meeting, we pretty quickly understood what he meant. Um, there's some really quirky issues with our property. And don't don't get me wrong, the we love the quirks. We love that the entire backside of the property is in a major flood plane, but that does mean nothing can be built there ever. Not a septic system, not a bathroom facility, not anything. But it's the perfect place for the dogs to run. It's away from all of the neighbors. It's it keeps it's actually because of how high the water table is and the flood plane. That portion of the property is 10° cooler than the than the west end of the property. Like you can feel it when you go down the lane. You feel the temperature change. It's really kind of cool. Um, so because of the flood plane and because of attempting to minimize the impact on the neighbors by having events at the far end, doing an SUP is next to impossible.

I would imagine too. How many acres is this again? 19. Well, for the special use permit, I'm told that we can delineate an area of the property to apply the special use specifically to a smaller segment. Um, and we can do that. And so if we eliminate the homestead portion and the um home home business portion, that would actually eliminate about five acres. And so it would be like 14 14 and a halfish and the the fees on that are well extreme.

There's still a lot. Tell me tell me about the events that you're requesting. So, the dog events, um, what we have is we have a lot of the nonprofit dog organizations here in the Phoenix metro area that need to have extra space for their dogs and their dog activities. One of the concerns that everybody always has with dog events is how does that interact with the public? Well, the benefit of coming out to us is that it is a fully fenced property where you don't have public randomly appearing the way you might at a park. And so it gives a more peaceful and serene setting for the dogs for the participants and keeps the dogs and the public who may be nervous about dogs at a further distance from each other. Um, the space allows does allow for them to set up for confirmation and show rings where the dogs essentially um walk around in a circle and judged for their appearance and their grooming and their breed standards and a whole lot of things I don't really know anything about. And then we also have dog activity events where they do um what's called ironically fast cat which is a doggy hundredyard dash in an enclosed track and the dogs run for time. And so you'll see a lot of the greyhounds or the whippets or your running dogs but it is open to dogs of all breeds. And then you will have confirmation and trick dogs. Dogs that catch frisbes, dogs that dance to music, dogs that, you know, how well do they listen, you know, turn right, turn left, find the hidden object. Um, this year, one of the groups is wanting to do a farm dog test. And and one of the main tests is does the dog bark at farm animals? If they do, they're not a

farm dog. So, it's basically to see how well they remain silent and and follow directions and things of that nature. Yes, sir.

Well, okay. And that that actually sounds like it it'd be a lot of fun, but what about like the days um the hours of operation, how many people attend, parking, things like related to the land use and the operation itself. So, generally speaking, the there is never anything that is put up for uh more than the time of the event. We generally use step-on stakes or the little black and and plastic and metal step- on stakes to create rings and tracks. The groups show up to set up at 7:00 a.m. Participants start rolling in around 8:00. Most of the traffic is between 8 and 10 when everyone arrives. They then participate and have their events. And then the participants leave generally between 5 and 700 p.m. And then any breaking down of rings to prepare for the next day occurs. Any resets occur during that evening hour. And then usually each group has a small administrative meeting of of their members. Okay, how did it go? Just recapping the day. And then everyone is offsite and generally the gate is locked by 10 PM but once in a while we do have something that needs to be finished up and the gate is locked by 11.

Stragglers. Um in terms of I you know I can see from the aerial here the buildings tents brought on brought on trailers RVs. Do people camp there? Um, so we have had people request to camp to overnight dry camp. Um, and it has been something that we have allowed in the past because it is dry camping. Um, and so there's and I've reached out to the, um, environmental services to find out what I need to do. And what I was told by them over the phone, I should have recorded it, was that, you know, friends and family that come to visit and stay in their RV for the weekend don't require a permit. The folks that come and do these events are friends. We've we've known them for years. Um the only people who stay are generally the people who have a responsibility to guard their equipment from the coyotes

and this is a weekend event. Yes sir. Usually they are weekend days. No, not not weekdays. Is it? So well once in a while there's a holiday weekday. So there is one group that does Martin Luther King Day and so that is a Monday like a holiday. Yeah. Yeah. So the temporary use permit is 30 days within a six-month period. Yes, sir. So So the plan would be to do it the four weekends that you're allowed or you would do a weekend here and then maybe wait a month and then do a weekend to try to scatter that out. Are you going to

So they they are scattered out over the six months and there are some months that have more um dates being proposed and some months that have less. I believe in December we're using one weekend. In November we have one weekend. Um so it it is 29 days total. And the thing about that is they're we actually added some extra days just in case we wanted to use them um for things like like the last weekend in April on our list. It's actually the first weekend of April. That's Easter weekend. And so if one of the church groups wants to do an Easter egg hunt on the field for little kids, we would like that. But it's not actually scheduled yet. It's it's just kind of a placeholder date,

right? Um, yeah, we're kind of mixing some uses here, but I I'll talk about that or we'll get into that a little bit later. So, typically for a one of the dog show events, number of people, cars,

it does vary quite a bit and we don't always have a a total number of people because what is required to register for those events with the organization is the number of dogs. Um, so you'll have somebody who might bring five dogs and other people who might bring five people because their children are handling the dogs and they'll only bring one dog, but there'll be five people. Generally speaking, attendance is anywhere from 25 people to 75 people. Attendance for dogs is anywhere from 50 to 100 dogs, 150 dogs. Um I'm sorry. Go ahead.

What about um you heard some of the questions from the previous case. So some of those are gerine for this or apply to this. What about food? Is food provided or are food trucks brought on site? Is there entertainment that's happening during this? Go ahead.

The only entertainment is the dogs when they're doing the trick dogs. We do not utilize any um that there's no background music. There's no um we do use a small portable PA system for making announcements. It is not as loud as the speakers in this room and it is only to make sure that the event continues to move quickly. Um not all groups use the PA system. Some of them use small handheld bullhorns. Um others of them use whistles. Um it so it all depends on the on the group and that's up to each group. As far as food goes, many of the groups either do a potluck where each of their members bring in food or on occasion we do arrange for a licensed food truck to come out and serve those who are on site. But food is not necessarily done at every event depending on what type of activity it is. Um, so yeah, it's not

but not not something where you'd call it a food truck event like Oh, no sir. Three or five or more? No, no, no, sir. No. Okay. And then I had asked, but we started talking about RVs. Tents ever like major tents ever brought in? I'm not talking about the 10 x 10 or 12 x 12 popups, but you know, circus type tents where you have major things. Are those brought in or you No, sir. We'd have to get a permit,

right? Um we do not do anything of that nature. Um we did that with the first one where we had the concerts and had a kinera. They brought in the big um carnival style tents. Um those are kind of crazy. Uh it is not something we are even contemplating as a future use at all for that type of thing. 10 by10 canopies brought in by the eventgoers. They are required and everybody is put on notice. They are required to stake them down. They are required to sandbag them. They are required to bring them down every night. We get some kind of wonky winds out there. And so everybody is well aware that they must be fully anchored and then fully removed and brought down.

Okay. Um, so you've talked about more than just the dog show. The site plan lends itself towards more the dog show or an open event. Yeah. Not weddings, not kinsignettas, not some of these other ones. A question for Isaac or Darren or whoever, the temporary use permit, can it be limiting to a use or is it special event? the special event is what the special event is.

Mr. Chairman, uh yes. Uh the temporary use permit usually uh that is presented for temporary events usually spells out what the temporary events will be. My understanding is they've called it out for dog show related activities, dog event related activities. Um but but the same category of temporary use permit uh for temporary special events covers a broad spectrum. It can be farmers and markets. It can be all kinds of things.

Okay. Yeah. I I mean I would want you and I don't want to be the only one speaking. So somebody else has a question by all means let me know. I don't want to be limiting for your success, but the impacts for a wedding, which typically goes into the evening, much different than a dog show or an equestri or something else that is a daytime activity. um which you know I didn't even ask about lighting but lighting's minimal probably for your event except for you know in the evening where people are leaving versus a wedding which would have something um alcohol maybe serve food things like that. Um, so we bring that up because a site plan definitely is tied to the temporary use permit that I do know and the narrative. Correct.

And so, um, we would be happy to stipulate on record that we will not hold any weddings, kinseneras, um, anything with amplified music or bands during this temporary use permit. That that's we had not contemplated doing any of those things. So, we're happy to say that we won't do those things. Isaac, Darren, is there is there a TUP application sufficient that it kind of ratchets down? Yes, Mr. Chairman, if they were to hold those type of events, that would be a zoning violation. If this temporary use permit is approved, it's for it's for dog dog show event. And refresh my memory, this came up as a a zoning violation.

No, no, no. So, they they did the application on their own. And the same with the special use permit then that kind of came up and asked staff and came forward.

Yes. Uh for the record uh the idea of seeking 30 temporary event days within a six-month period every six months staff will not administratively approve future uh such temporary use permit requests. It would come back before you. um and and we will have the same negative findings. That type of ongoing activity, it's a long-term use. It requires a special use permit for ongoing special events. And that special use permit can be tied specifically to to dog related events. Just like the temporary use permit, they'll have a narrative in a site plan and it'll have a list of conditions of approval. Um it like unless they meet certain requirements, it will continue to prohibit overnight camping. Um and it will uh uh likely tighten up on wastewater facilities so that a permanent septic system and restroom building would be required. And I'm one board member, but I I will tell you that historically this board has been opposed to granting temporary use permit after temporary use permit after temporary use permit when there's another administrative or legislative remedy. We're not in the business to just, you know, keep granting these things when there's another entitlement avenue.

Right. Can I can I interject right here? Because one of the things that is uh that strikes me as disingenuous is that um last week the planning and development department approved a 2-year temporary use permit with overnight camping mandatory portaotties, no septic, no water, no nothing for another group who does events in Whitman. I I I have no idea. 2year temporary use permit. Ma'am, I well outside of what they're saying and we're asked for one a year, not every six months. I have no idea what that one is till you just mentioned it didn't come before us. Um, true.

Anyway, is that anything else you have to add on this particular case? No, wait, hold on. Um, there's other speaker cards I have here. We would ask that because the public comment and concern came in outside of the 10day authorized period that all of those concerns be stricken from the report as well because they're not legitimate concerns and they never reached out to us planning and development to ask about any of those concerns or to get further clarification. They just put it in the report. Okay. All right. Thank you. Any other comments or questions? Darren,

Mr. Chairman, for the record, the 10-day posting period is related to administrative approval. Staff cannot administratively approve if we receive a comment within a 10-day period. That is all that is related to. It is not that that is irrelevant for your consideration. Um, in this instance, staff was going to bring this before the board of adjustment regardless because we were not going to administratively approve the UP. Thank you. Thank you for that clarification. Any other um questions or comments from any board member for Miss Piper? I would just make a comment that we are allowed to have public comment today which is Yeah. of the event. So we cannot disregard public comment based on what day it came.

Yeah. So if anyone speaks today, we listen to that. I'm not asking I'm not asking the board to disregard public comment. I'm asking that the planners I'm it is my belief that the planner should not have taken it into consideration when making their determination because without that it would have and should have been administratively approved and we would not be here today. Thank you. All right. Um thank you very much. Um Mr. Graham, would you like to speak?

Yes, Mr. Chairman. Um the planning is saying you can't keep doing these special uh temporary special use permits. You need to do the regular special use permit which we actually have that application still open. I don't think it closes until November. Um but in that they added stipulations that are illegal. Um, one of which, as we discussed with the, uh, city attorney, the pre previous county attorney, is that we own 331st Avenue and that's a problem because when you do the permanent one, road access and stuff becomes an issue. Why on the road? Why? because county board of supervisors directed um engineering and the county to acquire it in 1995, 30 years ago. The county attorney, previous one said, "I will have to give up my property in trade for a permit. That is illegal. It is unconstitutional under the fifth amendment. Supreme Court has ruled on it multiple times and the Arizona court has adopted the federal rules on uh illegal taking of land. I cannot even voluntarily give it to you because then that would be considered bribery rather than forced taking of extortion. So I think a lot of this is tied down to planning wanting me to give up 331st Avenue. I own two sections of it. multiple neighbors all down the road own part of the road and they've been kicking this issue down the street for the last 30 years and now because I want the permit all of a sudden the road issue is important and they want me to pay for their uh acquisition

but for a year they haven't even bothered to contact us on it you know it we're more than willing to enter negotiations on it but what we can't have is it used as leverage against us for per for issuing of a permit that anyone else would have been uh administratively approved for. Yeah, there there are some landmark um rightway and uh dedication and takings cases, Nolan and Dolan and California Coastal Commission and a number of others that would um that I would beg to differ. Max, did you want to add anything? No. at some point.

AB: Absolutely. Absolutely. Right. But his reason for denying or or uh pushing it up to your board is because we've done it more than once and he wants us to get the regular one. But the conditions of the regular one are that I give up my land in exchange for it. And that's not right.

Again, I I this is the last thing I want to say and I want to keep it back on this. I think if you would look through zoning cases, and I've been doing this for longer than 1995, the dedication of rights of way is extremely common. and it's one of the few instances that it occurs is a is a matter of common practice throughout the state of Arizona and the United States as a as an entitlement action. So anyway, is there anything you would like to add as part of this particular temporary use permit?

Um, yeah, we just like you to approve it so we can have dogs play on our grass. It's it's we we really don't we recognize that there are other issues looming in the background and we're happy to discuss them but they shouldn't be part of this board's decision making on what's essentially dogs playing on a grass field. I have dogs. I love dogs. Um I would um I would just say this going forward. Please don't yell out in crowds. Um, Bradley Mayfield, you put down as you wish to speak. Is that still true?

Well, after seeing the the going on here, mine was more of the source of the complaints against them, the neighbor, and having known that neighbor for 15, 20 years. All kids went to school together, blah blah blah blah blah. I've been out there 46 years. I'm an OG out there. Everybody in our neighborhood, our little we have a little tight community of about six or eight neighbors next to their field. Everybody was fine, including the Albertsons. For the first year or two, they were out there. They had a falling out. Don't know, don't care. Not my business. After that, animosity started. Complaints through you guys, from them, I'm sure. And then when that wasn't working, it went to let's get other neighbors to go against Mark and Jane. And when that didn't work, they came back to you guys more and more. You guys are dealing with the legalities of it. And I understand that and I appreciate that. But there's an outside entity trying to use you guys for revenge is what it appears to me as an outside window. I stay out of it. I don't care until my other neighbors start getting drawn in. So, I'm just saying consider the source, please.

Thank you very much. Um, that concludes the speaker request cards I have. Is there anyone else in the audience, doesn't appear so, that wants to speak on this case? Do we have anybody online, Nadia or David? Nobody online. I'll go ahead and close the public hearing. Um, open this up to the board for discussion andor a motion. Uh, it is in district 4, so I will be making a motion. I do have comments, but go ahead. Member Clap have one question. Is there an SUP application in process? Uh, Mr. Chairman, member Clap, yes, I believe there's a pending SU uh, and it's inactive right now.

We would need a we would need a revised submitt to address previous comments. uh there I I not to go too far down that path but a lot of it's going to relate to provision of wastewater facilities which will be necessary uh not just for ongoing events but for any camping any other board member having comments I'm I'm sorry I've just been advised we've had pre-applications for SU but there has not been a formal application there's no active there is no active SUP application at this moment. That's what I was just told. Sorry, I apologize. Any other board member have any comments?

I do. Um I'm sorry, we already closed the public comment. So like with the previous case, this is a this is an opportunity to to test if you can if a if a if somebody can operate within the confines of a granted permit. And in that one was for one snapshot, one event, one time. This is multiple times, 30 days within a six-month period, all at once or scattered, whatever it is. But it it's 60 days or 6 months starting if it if the approval is granted today or whenever that happens. Operating this, as quaint as it might be, and as much as I like it because I like animals, it's still an investment and it needs to be taken seriously. It needs that special use permit. It's going to have an expense with it. It's going to require the things that staff talks about. You'll you'll have to look into the legalities of rightway dedication. You'll have to look into what it's going to take to do restroom facilities. You're going to have to look into parking lot surfacing. You're going to have to look into the things it takes to operate the business or not. That's that's what it costs. is what it costs everybody else to operate a business. With that said, I am supportive myself of allowing the temporary use permit to go forward because it does allow you to try to operate within the confines of what the county is saying that you need to do for the temporary use permit. That's one. Number two, it'll it doesn't shut you off and cut you off at the

knees. It allows you an opportunity to have some kind of income stream to to do that special use permit to get that going forward. Um, but it is a special use permit that you need to get to continue after that six-month period. No ends, ifs, or buts, at least in my mind. You just can't continue just to operate. This is not the wild west. Um, with that, um, is there any other comment from any other board members? Member Person, Vice Chair Person,

I would just echo what you said. Um, I can certainly appreciate wanting to have a small business on your property and I I from reading through this stuff, I appreciate that you've tried to make some accommodations by moving the location of the portable toilets. I always appreciate when people come forward with these kinds of things and show that they're moving towards a solution and working with people instead of being um antagonistic. I think that it's unfortunate that you have a neighbor that um has made things difficult, but I would encourage you to try to resolve those things and um instead of placing blame like I I want to help you, so make it easy for me to help you. Um but I don't want to see the case again. So I think that I'm supportive today, but it needs to go to the permanent one going forward.

Member Clap. Yeah. And I would just add that you mentioned that um you should go for the the special use permit after these events are over. I would do it while they're going on. I would proceed with a special use permit as soon as possible because apparently there is not one now on record. So, I would start that process because you do need a special use permit for what you're doing on your property.

And it is a if I could add on to that, it is a lengthy it it's an entitlement process. By lengthy, it's no long long doesn't take any longer than any other entitlement process, but it's not a it's not an administrative process. It's a legislative process. Um, a lot of what we do, if you come to these or listen to them, is trying to work things out between neighbors. You're not the only one. You won't be the last. But I would encourage, as Vice Chair Person said, try to work things out with your neighbor. Uh, member Ward, did you have anything you wanted to add? No,

nothing from me. I agree with everything you guys have said that it's time for this to turn into um an SU. Thank you. Member Bar, are you still online or are you on your flight? I think the silence speaks for itself. With that, I will move for approval of this temporary use permit which grants the um 30 days worth of events in the next six months per the conditions outlined in the staff report and wish you the best of luck. Um,

one problem with one of the conditions. Go ahead. I'm so sorry. There is a problem with one of the conditions as recommended by the staff and that is that we would then have to eliminate our privatelyowned portaotties after the six months ends. If they the portaotties are used in conjunction with these event, correct? um they are used in conjunction with the events and as the events happen they are also used when I'm working out in the field trimming trees you know your use of the portaotties as long as there's no events going just one go ahead Darren

Mr. Chairman, those portaotties need to be uh their use, their ongoing use need to be approved by environmental services. Uh they have very strict issues. There's not uh there's not going to be an allowance for a privately owned portaotti uh without sign off from environmental services on a property. Yeah. I so I guess as long as they are as long as they're duly permitted and and regulated they could remain as long as you're as long as they're operating within the confines of MCED they could remain the rest of eternity. So I would I would ask that the requirement that they be removed be stricken

if that could be modified. Could she please reference the specific number? Which do you know which letter or number that is? of all of them. I figured I should have printed this one and I did not.

I will say any unless uh a structure is permitted, not speaking to restrooms, just anything at this point, they're not allowed to be erected or in place for more than four consecutive days. Um, otherwise the permit is required. That's any any any structure and usually the company that delivers those is picky about picking them up. That's been my experience. Correct. We do have them serviced by a professional company, but we personally own them.

It is looks like it's item D under C C.D. All sanitation facilities must be approved by Maricopa County Environmental Services Department prior to issuance of any permit. That's what it says about that one. Sorry, I'm going here. No, that's okay. Oh, that's Oh, that's just Is the applicant able to identify the the condition she wants removed or modified? L. Yes. And it's it's just the last line that says including removal of any on-site portaotties. We own them. They are kept clean and dry and regularly serviced when in use.

Upon abandonment of the temporary use, the site shall be restored to existing condition, including the removal of any on-site portaotti. They're they're my personal items. She can. So maybe a caveat at the end including the removal of any on-site portaotty used in conjunction with the temporary use permit. Mr. Chairman, we have grave concerns with with this situation because uh you can't store multiple portaotties on a private property. They can't be used on a private property. Uh

under what law? We can say un uh if she if we could add to that uh condition unless unless permitted to remain by MCESD. Okay. You good with that? Unless permitted to remain by MCED. There is no law in Arizona about whether I can or cannot own a personal portaotty. I will uh if it if it pleases the chair and the and the applicants aware, I'm happy to refer this matter environmental services today. Yeah. And they can determine if there's any type of environment.

I think that maybe um I think that we probably should get direction from EMCSD because I don't want to do I don't want to they had no comment with our application and they received the same. We may not have asked a specific question. What when's your first event? Um the Nove I'm sorry October 11th 11th and 12th we have fast cats the the doggy hundred yard dash. I don't believe you can continue this matter. Uh I when's your next hearing? I I don't Is that would be it'd be after the 11th for sure.

This is a matter to that environmental services can address. Um, we're fine with picking it up with environmental services because if I remember correctly, it's only if you rent them that you need to have them certified. Jared, what was the language you were suggesting? Um, to add to sorry L I got to find it again. Thank you.

Uh, to start that that L say unless permitted to remain by MCED. That would be fair. That that's not quite how it was said before, but I I would agree with that. So that would read in its entirety, unless permitted to remain by MCED, upon abandonment of the temporary use, the site shall be restored to ex existing condition, including the removal of any on-site portaotties. You're good with that? I should specifically say unless portaotties are permitted to remain adding that at the end. No. Uh let me read it again. Okay.

I apologize. Condition L. Unless Portaotties are permitted to remain by MCSD upon abandonment of the temporary use, the site shall be restored to existing condition including the removal of any on-site portaotty. You're good. Okay. Yes, sir. That would be all right. I would modify my motion to include the conditions of approval as modified by staff and read into the record. There a second. Second. Second by Vice Chair Person Rosley. 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 four to zero. Thank you. Good luck. I I hope this is successful. I hope it works with This is a complicated. Thank good luck to you. Go ahead and adjourn. As always, our thanks to the folks with MC MCSO. I appreciate what you guys do and um thank you again very much for being here. Wish you guys could sit.