Zoning variance granted to couple on Caballo Circle

By MacKenzie Brower, Town of Paradise Valley Independent

Paradise Valley residents Nickos and Jennifer Kourouglos on Caballo Circle want to add an attached garage to their home, but their property faces distinct hardships.

The couple has therefore requested a variance from the Paradise Valley Board of Adjustment to encroach into the 40-foot front yard east setback to expand their garage from three to six cars. The board unanimously approved the variance request March 6 with member Priti Kaur absent.

“Staff believes the property hardships associated with the lot warrant the variance request,” stated Senior Planner George Burton.

The lot’s primary hardships are the location and width of a wash and three street frontages which limits development and renders approximately one-third of the lot unbuildable, according to Burton. It’s difficult to build on the lot with the existing conditions.

There is a 120-foot-wide, no-build drainage easement that bisects the site as opposed to being within an existing setback, Wendy Riddell with Berry Riddell LLC explained in her presentation. Additionally, all three street frontages are required to have a front yard-setback of 40 feet instead of 20 feet, so the request is essentially to treat one of the front lot lines like a side lot line.

“You can see the large, expansive grass open space. That is, of course, because of the drainage easement that’s out there,” Riddell said.

Improvements are located on the east side due to the wash and drainage easement on the other.

These hardships are a result of how the property was platted and was not self-imposed by the residents, Burton continued.

Furthermore, the average home in the Kourouglos’ neighborhood has a five-car garage. A zoning variance may be approved when strict application of the zoning ordinance will deprive the property of privileges enjoyed by other property of the same classification in the same zoning district.

“All my clients want to do is build similarly to other sites in area,” Riddell said. “There was only one other lot that had three separate frontages. It’s the one right across from us. Even that lot doesn’t have a 120-foot-wide wash bisecting it through the middle.”

She said Berry Riddell LLC did an extensive analysis of the neighborhood and adjacent plats to the west and south, which they found were more thoughtfully designed because drainage easements were in side yard setbacks.

They also provided a petition of support from 19 neighbors, which the homeowner across also signed.

“Boy, did you do a lot of research, very impressive,” said Board Chair Hope Ozer. “This is one of the cleanest presentations.”

The Board of Adjustment is a quasi-judicial governing body that rules on variances and appeals to the town’s zoning ordinance. Rulings do not set precedents, and each request is reviewed on its own merits and specifics.