A special-use permit was recently denied by a city of Mesa board that would have allowed a transitional community residence east of Gilbert Road and south of McDowell Road and adjacent to an elementary school.
Following a closed-door executive session to seek legal advice from a city attorney, the Mesa Board of Adjustment had two failed votes on Jan. 7 — 2-3 for denial, with Vice Chair Shelly Allen and Board member Troy Glover voting yes; and 3-2 for approval, with Chair Alexis Wagner and Board members Todd Trendler and Janice Paul voting yes. Board member Gerson Barrera was absent.
By city code, items before the Mesa Board of Adjustment need the approval of at least four members.
“The approval of BOA25-00843 Legacy Recovery Center has failed this evening,” Chair Wagner said.
Dozens of comment cards in opposition to the facility were read into the record, and numerous area residents spoke for and against the facility.
Mesa Public Schools is against the facility sharing a property line and fence with Hermosa Vista Elementary School as the center stores and administers Schedule II and III drugs and raises significant safety and zoning concerns for the district, Kacey King, general counsel for Mesa Public Schools, wrote in a letter to the city of Mesa.
“Recovery facilities treating opioid and other substance use disorders, including medication-assisted treatments like methadone and buprenorphine, should not be sited next to a school,” it states. “Schools are legally designated drug-free zones and must be safeguarded from incompatible uses that may compromise student safety, increase traffic,and introduce operational risks.”
The first test for the permit is that the proposed use would be compatible with the residential uses allowed as a right in the zoning district, said Heather N. Dukes of Dukes Law PLLC, representing two property owners at the house and Legacy Recovery Center, during the meeting.
“And that is key because we are only evaluating whether this use is compatible with residential uses. It does not say schools, it does not say parks... It says residential uses,” she said.
Transitional community residences require a special-use permit, Staff Planner Emily Johnson said during a study session prior to the meeting.
“Staff has found that the application meets the required findings ... for a special-use permit for a transitional community residence,” she said. “Staff does recommend approval with conditions.”
The Legacy Recovery Center is to be on 0.5 acres at 2338 E. Minton St. Legacy Recovery Center LLC, an Arizona limited liability company, is the applicant. Roland Segal and Ehab Abdallah are the owners.
In February 2025, the city issued to Legacy a family community residence approval and a certificate of occupancy for the property. In March 2025, Legacy then obtained a behavioral health residential facility license from Arizona Department of Health Services. After receiving these approvals, the city of Mesa zoning administrator and Board of Adjustment determined Legacy should have been required to obtain a special-use permit for a transitional community residence use instead, Dukes wrote in project narrative.
“Although Legacy appealed the board’s decision to the Maricopa County Superior Court to preserve its appeal rights, Legacy is filing this SUP application in an attempt to follow the process required by the zoning administrator and board,” she said.
The facility would house up to 10 residents typically ages 18 to 60 years old, she said.
“The residents at the property are in treatment/recovery for substance and alcohol use, with some residents seeking treatment for co-occurring behavioral health issues — i.e. depression, anxiety,” Dukes said. “Residents at Legacy are not adjudicated and they come to the program of their own free will to seek help with behavioral health issues. Clinical services provided on-site include resident assessments, individual therapy and group therapy. The therapists and house managers will also assist with teaching life skills such as cooking and cleaning, resume building and employer interview coaching.”
The seven-member 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 X @rhdyer. Please submit comments at yourvalley.net/letters or email them to AzOpinions@iniusa.org. We are committed to publishing a wide variety of reader opinions, as long as they meet our Civility Guidelines, https://www.yourvalley.net/civility-checklist/.
Meet Richard Richard Dyer has worked at Independent Newsmedia Inc. USA since 1987, starting his career in Apache Junction as a copy editor and being promoted over the years to work as the editor of the Mesa Independent, news services editor for the East Valley office in Apache Junction, managing editor for the East Valley office, news services editor for the East Valley office and eventually also for the newspapers at INI’s then-Chandler office, managing editor again and as a news editor covering Apache Junction/Gold Canyon and Queen Creek. He helped start the Florence Independent while the news editor covering Apache Junction and Mesa news. In January 2023, he became associate managing editor for the East Valley newspapers and in August 2023 became managing editor for the East Valley newspapers of Chandler/Tempe, Gilbert, Queen Creek, Florence, Mesa and Apache Junction/Gold Canyon, while also reporting on Mesa and Apache Junction/Gold Canyon.
Community: Since 2009, he has worked as a volunteer to design The Blue Guitar Magazine, Blue Guitar Jr. magazine and Unstrung magazine, which are projects of The Arizona Consortium for the Arts; and since 2014, has been overseeing the art submissions.
Education: University of Arizona with a master of arts in journalism and a bachelor of science in agricultural communication. Also continuing education at Mesa Community College in welding in a metal art sculpture class.
Random fact: Saw his first tornado on May 31, 2010, which was classified as an EF-2, as part of a stormchasing tour group.
Hobbies: He is an artist of welded-steel sculptures, selling his artwork at juried and non-juried art shows.
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