The new property owner at 6035 N. Central Avenue is requesting a variance to allow an accessory building in the front yard. Accessory buildings are NOT allowed in the front yard in ANY residential district in the City of Phoenix.
The Board of Directors of the NCPHA unanimously voted to oppose this zoning case for the following reasons:
In 2004, the neighborhood overwhelming voted to support the North Central Avenue Special Planning District (SPD), an additional zoning overlay protection on all properties siding, facing or backing Central Avenue from Missouri to Northern. The SPD addresses neighborhood preservation issues, improvement and orderly development of the neighborhood.
The purpose of the SPD is to promote public awareness of the unique attributes associated with North Central Avenue and to protect the large lot residential character and the Central Avenue streetscape from adverse future development. The SPD has been in place for 18 years. During that time it has proven invaluable to ensure orderly development along North Central Ave. We can all agree that our neighborhood is special and a point of pride certainly worth protecting. If you are not familiar with the SPD document, we encourage you to review it. You can find it on the City’s website here.
One of the standards of the SPD requires a 40 foot deep building and landscaped setback on Central Avenue. The pending variance request to build an accessory structure within this setback is a clear violation of the intent and spirit of the SPD and the protections it offers.
In order to grant a variance, the applicant must meet 4 State mandated legal tests:
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.
The special circumstances or conditions described were not created by the owner or applicant. The property hardship cannot be self-imposed.
The authorization of a variance is necessary in order for the owner or applicant to enjoy reasonable and substantial property rights. (Background: In other words, without the granting of the variance the property cannot be reasonably used.)
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.
Please remember that variances stay with the land, not the property owner. If a variance was granted at this site, then future owners could build whatever accessory structure they want, without any public hearing process.
After careful review of the variance request, it is the considered opinion of both the NCPHA and the Special Planning District Committee that the applicant does not meet ANY of the four legal tests. We are actively opposing this variance request and are persuaded the request should be denied.
Additional information: North Central Avenue is the only historical streetscape in the state of Arizona. The ash trees in the City of Phoenix’s right-of-way on both the east and west side of the street are historically protected. The 100+ year old olive trees on both sides of the street have national historic designation. The Murphy Bridle Path, the only linear City park is also historically protected.
Details of the Variance as provided by the Applicant:
The accessory structure will be approximately 1100 square feet and is being referred to by the applicant as a “treehouse”.
The height of the structure will be nearly 29 feet tall and the treehouse compound will extend approximately 60 feet across the west side of the 1.67 acre lot and 15 feet of the front property line. Please note on the site plan that this accessory structure/house will be approximately 10 feet from the existing front fence line, making it very visible from the Murphy Bridle Trail and North Central Avenue, as well as to the adjacent neighbors.
In addition, there will also be a 260 square foot deck, sitting 8 feet high, within 10 feet of the north property line.
According to the contractor, the accessory structure/house will have electricity and air conditioning. As you can see by the drawings, this accessory structure will have doors, windows, a sectional sofa, dining room table and a loft (usage unknown), and a 30 foot long cable bridge and climbing wall.
The main accessory structure is built near 2 trees but not in any tree or its branches.
If you agree with the NCPHA and the Special Planning District committee members to oppose this variance, please send an email to zoning.adjustment@phoenix.gov. Please reference zoning case ZA-87-22 with a hearing on April 21, 2022. Please send your email no later than Wednesday of next week.
Below is a letter from the neighbor directly across the street who has given us permission to share it with you.
Thank you for supporting and protecting our cherished North Central neighborhood.
To the Zoning Hearing Officer:
My name is Kirsten Wright and I reside at 7 W. Berridge Lane, which is directly across the street from the home on 6035 N. Central Avenue, which is requesting a variance. While our address says 7 W. Berridge, we are actually directly on Central Ave. Our address was changed from Central to Berridge when the previous owners installed gates to the home and the driveway was moved to Berridge. I have read several of the letters in support of this project, one of which was written by Brian Hampton, who claims to live directly across the street, however he does not. Mr. Hampton resides on the corner of Central and Bethany Home Rd. Our family resides directly across the street from this proposed project at 6035.
The owner of 6035 has never reached out to us regarding this proposal, and the majority of his letters in support do not even reside on Central Avenue, nor are they direct neighbors.
I am writing to ask you not to allow this variance to proceed. First of all, this project does not meet even one of the four criteria required for a variance.This analysis should be the end of the inquiry, however there are even further issues which should be considered.
First of all, the current owner of 6035 N. Central has significantly thinned and removed a good portion of the bushes in the front of the home. Prior to this, you could not really see into the property, however, now you can see directly into the property and would very easily be able to see the "tree house." Additionally, the owner has attempted to cut down some of the trees directly on Central Ave. A concerned citizen actually stopped the tree removal company from cutting these trees down, as they are City of Phoenix property. These two actions greatly concern me. Should the zoning be changed, there will be nothing from stopping the owner from cutting down these beautiful mature trees which he now claims will shield the "tree house" from view of the street.
I cannot understand why this specific area of the property has been designated by the owner as the appropriate place for this building. There is plenty of additional space that fits within the current guidelines to place this structure. There is absolutely zero need for the "tree house" to be placed within a few feet of the property line and the Bridal Path. I use "tree house" in quotation marks purposely, because this is not what would be considered an actual tree house. This is an 1,100 sq. building, plus a deck. This is not a tree house, it is a structure. There are NO accessory structures allowed in the front yards of any of the residential districts in the City of Phoenix, which is another reason that this request should be denied outright.
Central Avenue homes are a rare and beautiful part of our city. One of the reasons that this neighborhood has been able to maintain its beauty is due to the 40' setbacks on Central. Many people from all over Phoenix walk along Murphy's Bridal path every day. This "tree house" will be an eyesore along this part of the path and would distract from the surrounding beauty of the Bridal Path.
Finally, If this structure gets approved it will become a precedent for other homes to request variances. There will be nothing preventing the building of structures inside the 40' setback. This will greatly affect the beauty and value of the homes on Central Avenue and in the rest of the North Central Avenue Planning District. The Special Planning District is in place for a reason, and its provisions should be enforced.
I implore you not to grant this request for a variance.
Please do not hesitate to contact me should you require any further information.
Regards,
Kirsten Wright
Law Offices of Kirsten Wright, PLLC24 W. Camelback RdSuite A-469Phoenix, AZ 85013
602-361-0943