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Zoning

Mesa adjustment board to reconsider June 7 decision

The property has three zoning designations — downtown business district 2, light industrial and general commercial.
The property has three zoning designations — downtown business district 2, light industrial and general commercial.
City of Mesa
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The Mesa Board of Adjustment in August is to reconsider a June 7 decision that upheld the zoning administrator’s interpretation on requirements for properties with multiple zoning districts.

The item was to be discussed and voted on at the board’s July 5 meeting. Due to technical difficulties the meeting was not called to order and all items were continued to the Aug. 2 meeting that begins at 5 p.m. for a study session with a 5:30 p.m. meeting in the lower council chambers, 57 E. First St.

The case involves the appeal of a zoning administrator interpretation issued Jan. 11 concerning a planned mini-storage facility on the southeast corner of Broadway Road and Country Club Drive. It has three zoning designations — downtown business district 2, light industrial and general commercial.

The zoning administrator determined that “On lots with multiple or split zoning, an accessory use that is located on the same lot as the principal use may be allowed and located in a zoning district other than the principal use,” according to a city document with the meeting minutes.

The mini-storage is to be next to a home built in the 1930s. Its site plan was recommended for approval by the Mesa Planning and Zoning Board and was later approved by the Mesa City Council.

John Conover filed an appeal to the Mesa Board of Adjustment, including that the zoning administrator interpretation was:

  • inconsistent with requirements that uses be within zoning districts that permit them;
  • violates private property rights and harm to private property owners;
  • sets harmful precedent that can be abused;
  • the Mesa zoning ordinance required accessory uses to be within a zoning district which permits the primary use; and
  • leads to absurd results contrary to the spirit of the Mesa zoning ordinance.

The appeal was denied in a 4-0 vote June 7 of the Mesa Board of Adjustment. Absent were Vice Chair Nicole Lynam and board members Adam Gunderson and Chris Jones, according to the meeting’s minutes.

The seven-member Mesa Board of Adjustment 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.

Richard H. Dyer can be reached at rdyer@iniusa.org, or on Twitter @rhdyer. To voice your opinion on this story, connect with us at AzOpinions@iniusa.org.

Mesa Board of Adjustment

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