[IN-DEPTH] Legal threats may impede Mountain Shadows revamp

A view of 56th Street today that may become an iconic street creating an entryway to a revitalized Mountain Shadows Golf Resort. / Independent Newsmedia:Terrance Thornton

By Terrance Thornton

Independent Newspapers

The Paradise Valley Board of Adjustment Oct. 5 received a request for a hearing by the Mountain Shadows West Homeowners Association in an effort to challenge the town’s zoning interpretation in response to building permit applications filed by Crown Realty & Development.

Collum Homes, on behalf of Crown Realty & Development, filed the request for two building permits Sept. 7 with the Town of Paradise Valley to construct two single-family homes on what is now portions of the executive-level golf course at the Mountain Shadows Golf Resort.

“Because the current zoning designation for the lot in question is R-43, the plans will be reviewed on that basis only,” said Eva Cutro, Paradise Valley community development director, in her official response to the permit application.

Doug Jorden of Jorden, Bischoff & Hiser Attorneys at Law argued in the permit request that tenets of the 1992 development agreement between the Town of Paradise Valley and then-owners of Mountain Shadows ought to be the envelope used to establish building parameters, the appeal states.

Mr. Jorden represents Crown Realty & Development in this matter.

Frances J. Slavin, who represents the HOA in the board of adjustment appeal, contends R-43 cannot be the designation of any land within what is considered the contiguous area of both homes and resort property at the Mountain Shadows Golf Resort.

Mr. Slavin says the HOA believes that since a rezoning hearing has never occurred, the original zoning and open-space requirements remain in effect.

Continued

If you’d like to discuss real estate matters, contact Rose Law Group Founder Jordan Rose, jrose@roselawgroup.com

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