Dear North Central Residents:
RE: ZA-84-25
Our association takes our responsibility seriously when reviewing zoning requests, ensuring that we evaluate each case based on the legal standards set forth by the City. We do not approach these matters with emotion, bias, or favoritism—our goal is to uphold the integrity of the zoning process while preserving the best interests of our community as a whole.
In every case, we conduct thorough due diligence, reviewing the details carefully and objectively. We believe that zoning decisions should be made based on facts, established regulations, and the applicant’s adherence to those requirements. We apply these processes to both variance and use permit requests.
BACKGROUND:
The applicant owns a full-time contracting company providing luxury home builds and remodels. His business license and ROC license is in good standing . The applicant resides at 1 E. Northview and currently holds an FFL (Federal Firearms License) with a Prescott, AZ address. By changing the address to Phoenix on the FFL, the ATF (Alcohol, Tobacco and Firearms) requires the applicant to meet local zoning standards.
We have reached out to ATF to understand the strict governmental restrictions that come with possessing an FFL (e.g., random BATF inspections, storage and safety requirements). The applicant complies with these restrictions and ATF indicates his license is in good standing.
In order to change the mailing address, the City of Phoenix requires a use permit under the category Home Occupation Standards in the City’s zoning codes. The two use permits the applicant is seeking are:
Use Permit for official approval of a home occupation
Use permit to allow the generation of traffic for a home occupation
Below is a statement from the applicant about his intentions with these use permits:
“My name is Mark Benz and I am the zoning applicant for application ZA-84-25 regarding a use permit request for a Federal Firearms License (FFL). I wanted to reach out to let everyone know my intentions regarding the zoning use permit application. I know you are all concerned especially regarding the safety and well-being of the children in our neighborhood, which I value just as much as you do.
As a grandparent to twin almost 2- year-olds, I deeply understand the importance of creating a safe environment for kids to grow and play. Please know that this license is strictly for legal transfers primarily for my own collection as a firearms collector and enthusiast. These use permits do not involve a storefront, signage, internet presence, or any public traffic. My intent is to sell to only close friends and family, with a maximum of two to three guns per year being sold. No ammunition will be involved. All transactions will be by appointment only, ensuring minimal impact on our community. Additionally, all transfers will comply with state and federal laws, including thorough background checks and secure storage.
My commitment to safety means that all firearms will always be stored securely in a room designed for firearm storage. All the walls and ceilings of this room are built with reinforced concrete and block with a fire-rated self-closing door with a biometric and combination-activated lock. All guns will be out of reach of unauthorized individuals. My goal is to operate in a way that is both responsible and respectful of our community's shared values.”
WHAT RESIDENTS ARE CONCERNED ABOUT:
There is a great deal of misinformation circulating about this hearing, and residents have expressed the following concerns. This page is intended to inform the neighborhood about the application and the process and dispel some of the false information that has been syndicated. Please share this page with concerned community members.
The residents have primarily been concerned about these four issues:
Traffic
Safety
Sale of firearms from a home
Broad Use of Permit Based on the Language
WHAT THE APPLICANT IS APPLYING FOR:
The applicant has a full-time construction company building luxury homes and remodels in the Valley. The applicant has clearly stated his use is primarily for his hobby.
The primary concern the NCPHA has about this Home Occupation use permit is that the use conveys with the property, not the current property owner. In the event the applicant sells his home, we want to ensure the next buyer does not have the broad allowances currently allowed with the Home Occupation use permit. For example, an exercise studio where clients are coming every hour to take a class M-F from 7:00 a.m. to 10:00 p.m.
So what are the tests for a Use Permit?
WHAT THE USE PERMIT IS AND WHAT IT ALLOWS:
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 burden of proof lies with the applicant to prove that the tests are met. The Zoning Administrator or Hearing Officer must find that the following conditions exist in order to rule favorably on a Use Permit request:
The use will not cause an adverse impact on adjacent property or properties in the area. Adverse impacts would include, for example: a significant increase in vehicular or pedestrian traffic in adjacent residential areas; emission of odor, dust, gas, noise, vibration, smoke, heat, or glare at a level exceeding ambient conditions; contribution in a measurable way to the deterioration of the neighborhood or area or contribution to the lowering of property values.
The use will be in compliance with all provisions of the Zoning Ordinance and the laws of the City of Phoenix.
ALL CONDITIONS MUST BE SATISFIED AND REMAIN SATISFIED BY THE SUBJECT PROPERTY FOR A USE PERMIT TO BE GRANTED AND MAINTAINED.
A use permit may be revoked by the Zoning Administrator or Hearing Officer through the public hearing process upon a finding that there has been material noncompliance with a condition prescribed in conjunction with the issuance of the use permit or that the use covered by the permit or the manner of conducting the same violates the standards listed in Section 307.A of the Phoenix Zoning Ordinance. This means that if the applicant gets approval and then changes what they are using the permit for, they could be in violation and subject to permit removal. If the Zoning hearing officer approves the two use permits, we will request that the following stipulations be made:
The operating hours, as required for this permit, are restricted to 4 hours per week (Wednesday from 3:00 p.m to 7:00 p.m.). This will prevent a future owner from operating a full time business from this address. The applicant has stated that transactions will not exceed a few per year. There is no distribution of ammunition. With a stipulation for limited hours, a future owner would need to re-apply for a use permit if they wanted to expand those hours of operation, which would involve a public process.
That any traffic or parking would remain on the applicant’s site and not the street (Northview) or Bridle Path. All vehicles must come in and go onto Central Avenue via the applicant’s driveway. With a few transactions a year, there will be no noticeable traffic, and this stipulation will also apply to any future property owner.
We recommend that a review be conducted at 6 or 9 months after issuance of the use permits with the property owners within the notification radius (600 feet) and the applicant to ensure that the issuance of these use permits have not caused any negative impact to the adjacent neighborhood. The NCPHA is willing to coordinate this effort to determine if there are any outstanding issues or complaints. In the event an issue arises and cannot be resolved, we request a formal review at 1 year with the City of Phoenix. This provides the opportunity for the neighborhood to request a revocation of the use permits, if required.
Residents can come to the public hearing on March 6th where the decisions about the permit applications will be made.
INFORMATION ABOUT THE HEARING:
The hearing is as follows:
Zoning Adjustment Hearing
Phoenix City Hall, Assembly Room C
200 West Washington Street, 1st Floor
Phoenix, Arizona 85003
March 6, 2025 at 1:30 p.m. Please note this item (#15) is the last on the agenda.