Variances and Use Permits (Zoning Adjustments)
A variance is a request to allow a deviation from a development standard required by the Phoenix Zoning Ordinance. The Arizona State Statutes and the Zoning Ordinance require that four (4) conditions exist on the subject property for a variance to be approved. The Zoning Administrator or Hearing Officer must find that these four conditions exist on the subject property to rule favorably on a variance request. It is the burden of the applicant to prove his or her case. More information can be found at the Planning and Zoning website.
The ACMNA Preservation Committee reviews all variance requests made to the Phoenix Planning Department. Each request is reviewed on a case by case basis for compliance with the four test conditions. We strongly urge anyone seeking a zoning variance within the Association Boundaries to contact us before making a formal Variance Application. Please be aware that The ACMNA will oppose any Variance requesting an increase in the Lot Coverage.
Below are current and recent variance applications within the ACMNA boundaries.
Click the below address or the photo for more details for that variance
4821 E Calle Tuberia [ZA-710-24-6]
ACMNA opposes the variance requested:
Variance to allow a 32 percent lot coverage.
Maximum 30 percent lot coverage permitted.
4959 Red Rock Drive [ZA-420-22, 4959]
ACMNA does NOT oppose the variance requests to:
No opposition to variance requests:
Front yard setback: Reduce to 10 feet (40 feet required).
West-side setback: Reduce to 15 feet (20 feet required).
If approved, request stipulation:
Restrict use to outdoor staircase only.
No enclosure or conversion to livable space.
The ACMNA previously reviewed this request and maintain our position of non-opposition to the applicant’s request for a time extension.
3916 N 54th Street [ZA-651-24-6]
ACMNA does not oppose the variance request; most conditions are met.
Request seeks to reduce west side setback from 10' to 6'6" for a 10' x 16' add-on room.
Given the parcel's irregular shape, the location appears optimal.
REQUIREMENTS FOR GRANTING VARIANCES
The four conditions are:
1. There are special circumstances or conditions applying to the land, building, or use of the subject property which do not apply to other similar properties in the same zoning district. (Special circumstances or conditions would include, for example: an unusual lot size, shape, or topography. This condition is considered a property hardship and it must be a condition relating to the property that is so unique it cannot be replicated on any other similarly zoned land in the City.)
2. The special circumstances or conditions described above were not created by the applicant, owner, or any previous owner of the property. The property hardship cannot be self-imposed.
3. The authorization of a variance is necessary in order for the owner or applicant to enjoy reasonable and substantial property rights. (In other words, without the granting of a variance the property cannot be reasonably used. There is no cause for a variance if the property can be used, even if it is in a manner other than that desired by the owner or applicant.)
4. The authorization of a variance will not be materially detrimental to persons residing or working in the vicinity, to the adjacent property, to the neighborhood, or to the public welfare in general. (A variance which will not be compatible with the surrounding development or will create an adverse impact on other properties cannot be approved.)
ALL FOUR CONDITIONS MUST BE SATISFIED BY THE SUBJECT PROPERTY FOR A VARIANCE TO BE GRANTED
City Ordinance 32B-29 Conditions for variances
REQUIREMENTS FOR GRANTING USE PERMITS
A Use Permit is a request to allow a use which is permitted by the Zoning Ordinance provided that the use will not cause an adverse impact on adjacent property or properties in the area. The Zoning Administrator or Hearing Officer must find two (2) conditions exist in order to rule favorably on a Use Permit request. The burden of proof is with the applicant and the granting of a Use Permit is at the Zoning Administrator’s or Hearing Officer's discretion.
The use will not cause a significant increase in vehicular or pedestrian traffic in adjacent residential areas or emit odor, dust, gas, noise, vibration, smoke, heat or glare at a level exceeding that of ambient conditions; or contribute in a measurable way to the downgrading of property values; and will comply with the Zoning Ordinance that govern the granting of the permit.
ZA-13-24-6 * Map * Site Plan * Narrative * Aerial * Assessors Info
1) Variance to reduce the required side yard setback (north) to 10 feet. Minimum 20 feet required.
2) Variance to reduce the required side yard setback (south) to 15 feet. Minimum 20 feet required.
3) Variance to reduce the required front yard setback (east) to 20 feet. Minimum 40 feet required.
ZAHO Hearing date: April 11, 2024 [9:00 AM] [ click here for hearing details, Agenda Item 3 ]