http://www.azcentral.com/arizonarepublic/local/articles/0419nestatue0419.html

PV sculpture complaint stuns judge

Diana Balazs The Arizona Republic Apr. 19, 2006 12:00 AM

PARADISE VALLEY - It was a first for the judge as he read the civil complaint against Paradise Valley resident Walter Brown Jr.

Brown was in Paradise Valley Municipal Court on Tuesday answering to charges that his front-yard landscape lighting and decorations - a water fountain and pair of bronze statues of boys golfing - are placed too close to the street.

"OK, I don't think I've ever seen this charge: two golfing statues," Associate Presiding Judge John Auran said. Brown, 42, pleaded not guilty to violating the town's zoning setback requirements.

Auran set a pretrial conference for 8:45 a.m. June 13.

That, the judge said, would give Brown time to work with the town's zoning officer to come into compliance. But Brown believes he is being singled out and should not have to remove the decorations.

He was prepared to argue his case Tuesday, armed with photos of his landscaping, aerial maps of his street, and the building plans for his home. He could request a trial if the issue is not resolved.

Brown said after court that he has been unable to get answers from Jack Niles, the town's code compliance officer. Niles could not be reached for comment Tuesday.

Eva Cutro, the town's planning and building director, said setbacks are designed to control density on a lot.

"They help protect the visual openness of the town and help preserve privacy among neighbors," she said.

Reach the reporter at diana .balazs@arizonarepublic.com or (602) 444-6877.