Definition of 'dwelling' and huge garage structures in residential zones
Summary
A developer put a 540 sq ft living space inside a ~14,000 sq ft garage and got a residential permit on an R-36 lot, after two earlier height denials. Neighbors appealed, the board sided with them, and members agreed the code needs clarifying so this can't be repeated countywide.
At a glance
- Total mentions
- 1
- Last 30 days
- 1
Discussed at 1 meeting in the last 60 days; most recently Oct 28, 2026.
Impact analysis
The developer has already bought the building and started site work, so reversing the permit sets up potential legal and financial disputes.
Residents of the Calle Encina neighborhood near Fort Huachuca, who opposed the warehouse-scale structure.
The developer, who purchased the building and began footings before the appeal was decided.
Mentions & discussions (1)
Related development
Docket ABA26-02 — Appeal of building permit BP26-000977
Stops a warehouse-scale structure neighbors called incompatible with their residential area — though the developer has already bought the building and started site work, so the fight may continue in court.
Calle Encina Dwelling and Garage Appeal
Brings attention to how county staff interpret residential building codes and accessory structure sizes.
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