AZ Republic Scottsdale neighborhood angered

Peter Corbett
The Arizona Republic
Jan. 14, 2008 12:00 AM 
 

There’s bad blood in the lake homes on Scottsdale Ranch. Residents of a cul-de-sac on 99th Place, south of Shea Boulevard, have been fighting with the Scottsdale Ranch Community Association after homeowners Bill and Lynne Bayse put up a two-story carriage house that nearly extends to the sidewalk.

They say the 30-foot structure does not fit in the Bayses’ front yard and is inappropriate for the neighborhood.


“People come by all the time and say, ‘How did this thing get approved?’ ” neighbor Dion Burnier said.
The Scottsdale Ranch Community Association’s Architectural Committee followed the community’s building standards in approving the project, said Peter Frick, association president.

Bayse is on the committee but did not vote on his project.

Burt Cohen, the Bayses’ attorney, said the project was properly approved.

Cohen added that his clients will not be deterred from finishing the carriage house.

Neighbor Phil Goldman, owner of Goldie’s and Zipps sports bars, is considering filing suit against the Community Association over the unwelcome addition to the neighborhood.

Neighbor Jim Gadd said he cannot sell his nearby home and has dropped the price 10 percent to $650,000.

“Potential buyers all say, ‘What is that thing down at the end of the street?’ ” Gadd said.

Shocked by building size

When Scottsdale Ranch resident Fred Schneider returned home from vacation last summer he was shocked by the new addition to his cul-de-sac southwest of 100th Street and Shea Boulevard. His neighbors, the Bayses, had erected the wooden framing for the two-story carriage house in front of their single-story home within a dozen feet of the street.

“It was a monster, and everyone was appalled by it,” Schneider said of the addition. “They all signed a petition that it should be torn down.”

Bayse is nearly finished with the structure, which includes a garage and a room above it with an exterior stairway.

Struggle against addition

Neighbors, including Schneider, Goldman, Burnier and Gadd, have been fighting with the Scottsdale Ranch Community Association and its Architectural Committee for months over the addition. They say the two-story structure violates the community’s building standards because it does not fit with the architectural elements of the existing single-story house and the surrounding homes.

Goldman, who lives next door, argues that the Architectural Committee failed to follow its own rules and did not have detailed plans submitted before they authorized the project.

Cohen, the attorney for the Bayses, said the neighbors did not file a timely appeal, so they have no right to interfere with the project.

“They want the entire project ripped down,” Cohen said. “We are not going to let that happen.”

Board: followed the rules

Frick, the community association president, said the board has been working with neighbors and Bayse to try to reconcile their differences and improve the finished look of the carriage house. The addition also meets all city codes for height and the setback from the street, Frick said.

However, the association sent a later to Bayse in late December to submit plans to the Architectural Committee that show the building’s dimensions and roof height.

The association also asked for permission to enter the property to verify the height and setback distance.

City code limits the addition’s height to 30 feet.

2-story garage near street

The neighbors question whether it exceeds that and complain that it is completely out of scale with the other one- and two-story homes, which are set farther back from the street. Neighbor Goldman filed an appeal with the association board citing a number of objections with the project and the process.

That appeal was denied.

Goldman’s house now faces a windowless 30-by-45-foot wall.

He and the other neighbors say they would accept an appropriate one-story addition. But Goldman added that if he were to prevail in court he might insist that the addition be completely torn down.

Frick, the association president, said the neighbors may not like the look of Bayse’s addition, but “it’s within his rights” to build it.

“And beauty is in the eye of the beholder,” Frick said of the structure when asked if he would want it in his neighborhood.