Messy Yard Criminals in in the yuppie Town of Paradise Valley

http://www.azcentral.com/news/articles/0418pvstatues0418.html

PV takes swing at bronzes Resident's front yard statuary collides with town codes

Diana Balazs The Arizona Republic Apr. 18, 2006 12:00 AM

Walter Brown Jr. loves golf. So does his 7-year-old son, Wally.

In fact, the pair just recently played their first tournament together at the golf course at the Mountain Shadows Resort. Brown wanted a reminder of his favorite pastime so much that he included a slice of it in the landscaping at his new Tuscan-style 6,300-square-foot home in Paradise Valley.

On a grassy island in his front yard, he installed a pair of 3-foot-tall bronze statues of little boys playing golf. The works of art, which cost between $3,000 and $5,000 each, were shipped from New York.

But they, along with a 5 1/2-foot tall three-tier fountain direct from Europe, and some low-level front yard lighting have landed the shopping center developer in Paradise Valley Municipal Court.

Brown, 42, was cited March 30 by a town code enforcement officer for installing those items too close to the street. He was to be arraigned in court today and the town could eventually force him to pay a fine or move his landscaping.

"Supposedly there is a 40-foot setback (requirement) that you cannot have anything in the front of your house," Brown said. Brown's lights and statues are just a few feet away from the street.

Town Attorney Andrew Miller said he could not comment on the specifics of this case. But said setbacks provide open space.

However Brown's case is not uncommon as existing neighborhoods in Paradise Valley, Phoenix and Scottsdale are being redeveloped, and the changes clash with what was there before, a Valley zoning attorney said.

Brown believes Paradise Valley is being selective in its enforcement, noting there are numerous setback violations in his Casa Blanca Estates neighborhood involving lighting, gates and pillars, for example.

"What's happening is you've got a discretionary (code enforcement) guy, someone that is just saying, 'Well, I guess, we don't like that,' " he said.

John Berry, a Valley zoning lawyer, said cases such as Brown's are occurring in established neighborhoods experiencing redevelopment.

"Generally, you don't have those issues if you're the first house in the neighborhood," Berry said. He said the challenge for cities and towns is to recognize the good policy of encouraging reinvestment in neighborhoods and balancing that with the concerns of existing neighbors.

Brown's house is off a cul-de-sac in the Casa Blanca gated community. He said he doesn't know if a neighbor complained to the town or if the inspector just noticed his decorative landscaping.

"It's just one of those (things) where you just kind of go, you know, wow, why me? What makes them think that all of a sudden, I'm the bad guy?" he said.


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