Variance Process

Overview

A Variance is a request to allow a deviation from a development standard of the Zoning Ordinance because of special physical characteristics of the property, including its size, shape, topography, location, or surroundings, that would make compliance with the Zoning Ordinance unreasonable.

The main steps in the process are:

Step 1: Pre-Application Meeting

A Pre-Application Meeting is required prior to filing an application for Variance. At the Pre-Application Meeting staff will review the subject Variance request with the applicant and explain the Variance process.

A Pre-Application Meeting can be requested by contacting the Planner of the Day at 480-644-2385, planning.info@mesaaz.gov or by visiting the Development Services counter located at 55 N. Center St.

Please note that a Pre-Application does not constitute a complete review or guarantee that all issues are identified.

Step 2: Application Submittal

Application for a Variance may be submitted at any point after a Pre-Application Meeting has been completed.

Complete applications and fees must be submitted electronically via the DIMES portal. Applications are due each Monday by the end of the business day.

The applicant is responsible for the accuracy and completeness of all information submitted. Incomplete applications will NOT be accepted.

Required Documents:

• Application - submitted through the DIMES portal
• Property Owner Authorization(PDF, 162KB)
• Project Narrative - describing the proposed project and design intent
• Justification and Compatibility Statement - addressing how the request meets ALL of the following required findings:
  • There are special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, and
  • That such special circumstances are pre-existing, and not created by the property owner or appellant; and
  • The strict application of the zoning Ordinance will deprive such property of privileges enjoyed by other property of the same classification in the same zoning district; and
  • Any variance granted will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located.
• Citizen Participation Plan - describing the residents, neighborhoods and homeowners’ associations that may be impacted and how the applicant intends to inform and engage the public in their development plans
• Site Plan - fully dimensioned site plan showing the location and area of site development features building including but not limited to, buildings, structures, drive aisles, parking spaces, sidewalks, etc.
• Building Elevations - fully dimensioned, colored elevations showing sufficient detail to convey the architectural content for all proposed building and structures including building height, pitch of roof, percentage of openings, building materials and colors, and architectural elements

Please note that additional information and documentation may be required depending on the nature of the request.

Step 3: Staff Review

Staff will review the Variance application for compliance with all appropriate standards, codes, specifications, and requirements and provide written comments within 5 working days of the next closest formal submittal listed on the Board of Adjustment Calendar(PDF, 353KB). This comment letter will identify requirements that need to be resolved before a public hearing is scheduled.

The applicant will revise pertinent documents to address review comments and provide a written comment response letter stating how each review comment was addressed.

This process repeats until all requirements are met.

Step 4: Public Notice

When all comments have been addressed staff will schedule the request for a Board of Adjustment hearing. The applicant is responsible for providing public notice of the Board of Adjustment public hearing.

Reminder to notice - No less than 21 days prior to the scheduled Board of Adjustment meeting, staff will email the applicant the public notice letter template and upload to the case file a list of names and addresses of property owners, associations, and interested parties that must receive public notice.

Notice content - The public notice must contain the following information:

• A general description of the proposed project.
• The location of the project site.
• The identity of the hearing body or officer (i.e., Board of Adjustment).
• The names of the applicant or the owner of the property that is the subject of the application.
•  A copy of the site plan and elevations (if applicable).
• A statement that any interested person or authorized agent may provide written comment.
• The date written comment must be provided by.
• A statement describing how to submit written comments.

Deliver letter - No less than 15 days prior to the scheduled Board of Adjustment meeting, the applicant must drop off the sealed and stamped public notices to the Planning Division no later than noon of that day. Staff will drop off the sealed and stamped public notices to the post office that same day.

Posting the project site - No less than 15 days prior to the public hearing staff will post a sign on the property in a manner that is legible from public right-of-way with the hearing information pursuant to A.R.S. §9-462.04 or A.R.S. §9-462.06(F).

Citizen Participation Report - Applicants must provide a written Citizen Participation Report describing the results of implementing their Citizen Participation Plan at least 30 days prior to the first scheduled public hearing.

The Citizen Participation Report shall include the following information:

• A summary of neighborhood meeting (if held) including when and where they were held, number of attendees, copies of sign-in sheets, and results achieved at the meeting(s).
• A summary of citizen concerns, issues and problems expressed during the citizen participation process, and how these have been addressed through changes or stipulations to the project.
• Copies of comment letters, petitions, and other pertinent information received from residents and other interested parties.

Failure to comply with the citizen participation requirements or a determination that such efforts were insufficient to provide adequate opportunities for citizen participation, may result in postponement, rescheduling, or denial of an application.

Step 5: Public Hearing & Entitlement

Board of Adjustment hearings are typically held the first Wednesday of every month. A study session will occur before the hearing and typically take place at either 4:30 or 5:00 pm. Board of Adjustment hearings take place at 5:30 pm.

Staff will prepare a staff report describing the Variance request and compliance with the required findings for a Variance found in Section 11-80-3 of the Mesa Zoning Ordinance. Staff reports will be available and posted to the case file within the DIMES system the Thursday prior to the Board meeting.

Staff will prepare and present to the Board a presentation outlining the subject request at the study session. The applicant is highly encouraged to attend the meeting to answer questions and participate in discussion.

Board of Adjustment