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Adjustment board decision

Mesa home’s carport can stay but not shop, board decides

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A variance has been approved by the Mesa Board of Adjustment for a carport beam to continue to encroach into a setback but not for an existing shop at a home near West Rio Salado Parkway and North Country Club Drive.

The seven-member board conducts public meetings to hear and decide requests for variances, special-use permits and interpretations of the city of Mesa zoning ordinance and sign code. Members are appointed for staggered terms of three years, according to the city’s website.

The variance to allow an existing carport support beam to encroach into the rear and side setbacks within the single-residence-9 zoning district was approved in a unanimous vote Aug. 3 of a consent agenda with other items.

City staff recommended denial of the variance for the shop and approval of the variance for the carport, Staff Planner Kwasi Abebrese said at a study session prior to the meeting.

“The request is a variance for an encroachment of 18 feet into the required rear yard and a variance for an encroachment into the required side yard,” he said. “The applicant was seeking to do a renovation on this property and it specifically had to do with allowing the patio encroaching into their rear setback. This is allowed by code, but ... we realized there’s an existing nonconforming structure on the site and this has to do with an existing shop as well as a carport.”

Per Maricopa County historical aerial photography, the shop was constructed between 2012 and 2013 while the carport was constructed in 1993. There is no evidence of a building permit issued for the construction of these structures, according to a written staff report.

As the shop was constructed after the Mesa zoning ordinance was approved, it needs to meet development standards for the single-residence-9 district, it states.

The applicant is Arthereal Design. The owners are Scott and Kellie Willis.

The property owners and occupants of 740 N. Orange Circle in Mesa were not aware of the code violations when they purchased the property in 2013, according to a written project narrative and justification statement.

“Both issues which the city of Mesa have noted as ‘variances’ existed at the time the current property owners took title to the property and they are unaware of when or how the variances were constructed nor do they possess plans, drawings, receipts, contracts or any other documents that pertain to the construction of such variances,” it states.

Mesa Board of Adjustment, variance

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