Board approves contested ADU use permit after split 3-2 vote

The Yavapai County Board of Supervisors approved a permanent, transferable use permit to allow conversion of an encroaching storage building into an accessory dwelling unit (ADU) and to waive a 50-foot front setback by 21 feet, in a split 3-2 decision after public hearing.

Planner Michelle Parent summarized the application and staff findings: the structure was originally constructed without a permit by a prior owner, the parcel is zoned RCU-2A and ADUs of the proposed size are allowed by the code in other configurations. Parent said the applicants inherited the unfinished structure and that the Planning and Zoning Commission recommended approval. Neighbors sent several letters opposing the permit on grounds that unpermitted work should not be rewarded. A nearby property owner, Daniel Fear, testified in favor and said the current owner sought to stabilize and complete the building to avoid property-value and safety problems.

Several supervisors voiced different perspectives: Supervisor Jenkins said he generally resists variances that let unpermitted construction stand and asked whether the unit could be moved to comply; Vice Chair Chek and Supervisor Mallory said the county's goal should be to bring properties into compliance where possible. The applicant's building and wastewater systems must undergo full review when the building permit is submitted; the board approved the permit on a 3-2 vote with conditions requiring code-compliant permits before occupancy.