Departments Concerned Date: Hearing Officer May … (PHO...master bath, master closet, mandir,...

PLEASE RESPOND ELECTRONICALLY TO JULIANNA PIERRE 2ND FLOOR, 602-262-4544

To: Departments Concerned Date: March 27, 2020 From: Alan Stephenson

Planning & Development Department Director Subject: P.H.O. APPLICATION NO. Z-12-87-1(3) – Notice of Pending Actions by the Planning

Hearing Officer

1. Your attention is called to the fact that the Planning Hearing Officer will consider the following case at its meeting on May 20, 2020.

2. Information about this case is available for review at the Planning and Development

Department on the 2nd Floor of Phoenix City Hall, telephone 602-262-7131, Option 6. 3. Please indicate your course of action, sign and return copy of this notice to the City of

Phoenix Planning and Development Department, Zoning Division, 200 West Washington Street 2nd Floor, Phoenix, AZ 85003 by April 3, 2020.

Will arrange to review case file no later than Will resolve problems with the owner and contact you no later than We do not anticipate any problems in connection with the cases listed on this subject

notice. Signature Date DISTRIBUTION (Electronically): Mayor’s Office (Lisa Fernandez) - 11th Floor Council District Office (Penny Parrella) – 11th Floor Aviation (Randy Payne, Sheldon Daisley, Aviation Planning) – 2485 E. Buckeye Rd. Community & Economic Development (Eric Johnson) – 20th Floor Fire Prevention (Brent Allsopp) – 2nd Floor Finance Admin (Barry Page) – 251 W. Washington – 8th Floor Neighborhood Services (Gregory Gonzales) – 4th Floor Parks & Recreation (Natasha Hughes) – 16th Floor Public Transit (Kathryn Boris) – 302 N. 1st Ave., Ste 800 Public Transit/Light Rail Project (Samantha Keating/Special TOD Only) Public Works (Kristina Jensen, Roxanne Tapia, Ray Dovalina, Rudy Rangel) – 5th Floor Water Services (Don Reynolds) – 8th Floor Planning and Development (Alan Stephenson, Joshua Bednarek) – 3rd Floor Planning and Development/Information Services (Ben Ernyei) – 4th Floor Planning and Development (Kevin Weight) – Historic Preservation Office – 3rd Floor Planning Hearing Officer (Tricia Gomes, Adam Stranieri) – 2nd Floor Village Planner (Nick Klimek, North Mountain) Village Chair (Tyler Carrell, North Mountain)

200 W Washington Street, 2nd Floor * Phoenix, Arizona 85003 * Tel: (602) 262-7131 * Fax: (602) 495-3793

APPLICATION FOR PLANNING HEARING OFFICER ACTION

APPLICATION NO: PHO-3-20--Z-12-87-1

Council District: 3 Request For: Stipulation Modification Reason for Request: Deletion of Stipulation 8 prohibiting two-story structures on five Moon Mountain lots. Owner Applicant RepresentativeKulbhushan Sharma, Liquid CrystalProper

Dennis Newcombe, Beus GilbertMcGroder

Paul Gilbert, Beus Gilbert McGroder

5620 West Thunderbird Road, D2 701 North 44th Street 701 North 44th StreetGlendale AZ 85306 Phoenix AZ 85008 Phoenix AZ 85008(602) 330-7465 (480) 429-3065 P: (480) 429-3002 F: (480) [email protected] [email protected] [email protected] Property Location: Approximately 410 feet northwest of the intersection of Moon Mountain Trail and Moon Spur Trail

Zoning Map: L7 Quarter Section: 33-25 APN: 208-16-480 Acreage: 2.02 Village: North Mountain

Last Hearing: CC HEARINGPrevious Opposition: Yes

Date of Original City Council Action: 04/08/1987 Previous PHO Actions: 04/06/1988 11/23/1988

Zoning Vested: R1-8 Supplemental Map No.: 790 811

Planning Staff: 068554 An applicant may receive a clarification from the city of its interpretation or application of a statute, ordinance, code or authorizedsubstantive policy statement. To request clarification or to obtain further information on the application process and applicablereview time frames, please call 602-262-7131 (option 6), email [email protected] or visit our website athttp://phoenix.gov/pdd/licensetimes.html. A Filing Fee had been paid to the City Treasurer to cover the cost of processing this application. The fee will be retained to coverthe cost whether or not the request is granted Fee Fee Waived Fee Date Receipt Purpose$1,080.00 $0.00 02/28/2020 20-0018172 Original Filing Fee Signature of Applicant: _____________________________________________________ DATE: ___________________

Hearing Results Planning Hearing Officer Planning Commission City Council

Date: 05/20/2020 1000 AM Date: Date:Appealed?: Appealed?:

Action: Action: Action:

Z-12-87-1 Approval Letter


• • Mr Francis Slavin Page 2 April 23, 1987

6 That the northernmost of the five Moon Mountain lots shall access the road connecting Moon Mountain Trail to 15th Drive at that road's intersection with Moon Mountain Trail The remaining four lots shall access Moon Mountain Trail at the existing easement through said lots There shall be a limit of two driveways from these four lots onto Moon Mountain Trail Those driveways shall be for the purpose of providing access for said four lots The driveways shall be designed, built, and maintained to provide safe ingress to and egress from said four lots to Moon Mountain Trail The existing roadway adjacent to these four lots shall be widened by approximately 11 feet to provide additional turning lane capacity for vehicles and a pedestrian walkway

7 Commencing at the southeast corner of the southernmost of the five Moon Mountain lots, there shall be a setback/open area 20 feet in width for a distance of 150 feet northward along the east boundary of said lot to a point From said point and continuing northward along said east boundary, the setback/open space area shall commence reducing proportionately to a width of 15 feet at a point of termination of the setback/open space area which is 30 feet south of the northeast corner of said lot No building, structures or other improvements shall be built or placed upon said area and the vegetation, rocks and land surface in this area shall remain undisturbed and in a natural state This shall not limit the right of the owner of said lot to prune and trim live vegetation or to remove dead vegetation or to plant and cultivate additional indigenous vegetation within the setback/open space area

8 That there shall be no two-story structures built or maintained on the five Moon Mountain lots This shall not limit a split-level residence

9 As to the five Moon Mountain lots, there shall be no masonry block, stucco, wooden or other opaque fences, except as approved pursuant to paragraph 8 (relating to architectural review and approval) This shall not limit walls which are an integral architectural feature of a residence This shall also not limit the use of retaining walls made of rock indigenous to the area or other rock similar in color and appearance

10 That buildings and improvements on the five Moon Mountain lots shall be subject to the reasonable architectural review and approval of the Moon Mountain Estates Improvement Association subject to standards of review acceptable to the applicant and the Association

11 That the five Moon Mountain lots shall be made subject to the current deed restrictions of Moon Mountain estates and shall become a part of the Moon Mountain Estates Improvement Association

12 The unplatted hillside area depicted on the subject site plan shall be restricted from future building and shall remain undeveloped open space area except for roadways and utility lines required to serve the Moon Mountain Shadows development and common open space improvements required by the City of Phoenix for Planned Residential Developments

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MOON MOUNTAIN TRL

W MOONSPUR

WMOON MOUNTAIN TRL

N MOON MOUNTAIN TR

L

Maricopa County Assessor's Office

Planning & Development Department

PHO-3-20--Z-12-87-1(3) Property Location: Approximately 410 feet northwest of the intersection of Moon Mountain Trail and Moon Spur Trail

0 120 24060 Feet ´

MOON MOUNTAIN TRL

W MOONSPUR

WMOON

MOUN

TAIN

TRL

N MOON MOUNTAIN TR

L

R1-8*

PAD-2

PAD-3*S-1R1-18*

RE-35

Planning & Development Department

PHO-3-20--Z-12-87-1(3) Property Location: Approximately 410 feet northwest of the intersection of Moon Mountain Trail and Moon Spur Trail

0 120 24060 Feet ´

tate studio architects7100 east cave creek road, suite 103

(480) 948-3517

contact: mark a. tate, a.i.a.

kulbhushan and purnima sharma5620 w thunderbird rd #D2glendale, arizona 85306

tbd

architect owner builderstructuralcivil

graham engineering7406 east non chalant

carefree, arizona 85377(480) 488-4393

contact: paul sigston

project data

project address 14206 n moon mountain trailphoenix, arizona 85023

legal description

assessors pcl no. 208-16-480

zoning R1- 8

construction type V-B

occupancy single family residential

lot area 87,997sf / 2.02 acres

livable area 6,909 sf

drawing index - bdrawing index - a

t 1.0 cover sheet

1 survey

c 2 grading and drainage

building code summary

all construction shall comply with the following codes andammendments per their adopted ordinances

project description

a 4.1 elevations

first floor plan

a 1.0 site plan

a 2.1

cave creek, arizona 85331

this project is a residence located in the moon mountainvistas community of phoenix, arizona.

the home is situated on a 2.02 acre site.

the home will be approximately 6,909 sfof livable area on a two levels.

the central area will include an entry,a living room, a kitchen, and dining.

north of the central core will include the pantry, laundry,stairs, master bedroom,

master bath, master closet, mandir, garage andmechanical. the south side will include a bedroom

with a bathroom, stairs, powder room, office,theater room, reading room.

exterior amenities will include guest parking,a pool, covered patio, with outdoor dining and desert

gardens.

the architectural style can best be describedas desert contemporary with

a simple palette of materials that includesstucco, metal, block, stone and glass.

second floor plana 2.2

a 4.2a 4.3

elevationsconceptual 3d color elevations

1/8

1/10

3/8

These documents are instruments of service of the authorsand are for use on this project only. They are preparedfor use in conjuction with the authors interpretations,observations, decisions, and administration as describedin aia doc a201, without which desired result cannot beassured. Alteration, reproduction, or use in part or inwhole, for other purposes without the authors written

consent may violate existing legal statutes.

issue date

revisions

1826



(480) 948-3517

lot 2

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hoa submittal

june 07 2019

tatestudioarchitects

Phoe

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schematicdesign

t1.0

tbd


a 4.4 conceptual 3d color elevations

lot 2 moon mountainvistas unit 1 MCR 327-22

PHO-3-20--Z-12-87-1(3) Conceptual Rendering Hearing Date: May 20, 2020

top of parapet+ 14'- 0" a.f.f.


top of chimney+ 25'- 2" a.f.f.




+ 0'- 0" f.f.finish floor


window & door frames;dark bronze anodized(typ.)

parapet cap;matte black metal (typ.)*note: max building height is

30'-0" above natural grade

chimney shroud;matte black metal

fireplace wall;snap tie concrete

house walls;stucco

house columns;basalt

house walls;stucco

fascia;matte black metal

house walls;metal siding

house walls;exposed,sandblasted block


beams;clad/painted steel



house wall stems;exposed concrete (typ)












+ 10'- 6" a.f.f.top of fascia

top of railing+ 3'- 0" a.f.f.

window & door frames;dark bronze anodized

(typ.)

parapet cap;matte black metal (typ.)

*note: max building height is30'-0" above natural grade

pool;basalt

railing;glass


house walls;stucco



house walls;basalt

house walls;stucco

railing;glass


house walls;exposed, sandblasted block

deck;metal capw/stucco

columns;exposed aggregatestucco


1/8

1/10

3/8



issue date

revisions

1826



(480) 948-3517

lot 2

Moo

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ain

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sSh

arm

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hoa submittal

june 07 2019


Phoe

nix,

AZ

schematicdesign

east elevation1/8" = 1'-0"

a4.1

north elevation1/8" = 1'-0"

PHO-3-20--Z-12-87-1(3) Conceptual Elevations Hearing Date: May 20, 2020





+ 0'- 0" f.f.

top of wall+ 5'- 4" a.f.f.

finish floor













house walls;stucco


house walls;basalt

house walls;basalt

house walls;stucco

columns;exposed

aggregatestucco

columns;exposed

aggregatestucco


railing;glass

site walls;stucco

house walls;exposed,

sandblasted block


pool;basalt





sandblasted block

+ 0'- 0" f.f. + 0'- 0" f.f.


finish floor finish floor

top of fascia+ 10'- 6" a.f.f.













railing;glass

house walls;stucco

pool;basalt



sandblasted block

railing;glass

columns;exposed aggregate

stucco

painted steel

house walls;stucco



house walls;stucco

house walls;basalt


site walls;stucco


1/8

1/10

3/8



issue date

revisions

1826



(480) 948-3517

lot 2

Moo

n M

ount

ain

Vista

sSh

arm

a Re

side

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hoa submittal

june 07 2019


Phoe

nix,

AZ

schematicdesign

south elevation1/8" = 1'-0"

west elevation1/8" = 1'-0"

a4.2PHO-3-20--Z-12-87-1(3) Conceptual Elevations Hearing Date: May 20, 2020

p1 p1

p1

p1p1

p1 p1

p1

h1

m1

m1

m1

m1

m1

m1 m1

m1 m1

m2

m2 m2 m2

m2 m2

m2

m2

m2 m2

m2m2

m2

c1

b1

b1

b1s1s1

r1

r1

stuccosmooth finish, integral color,de 6376 looking glass

metal siding, chimney caps, sitegates and fasciasberridge, matte black metal

window & glass door framesfleetwood windows & doorsdark bronze anodize

hardscapedriveway, auto court, patiosnatural grey concreteexposed aggregate & light wash

foam roofingprotech, w/ grey roof gravel

m1 m2h1 p1

snap tie concrete

c1

exposed sandblasted blockmesastone; rutherford

b1

hardscapedriveway, auto court, patiosdavis colors, graphiteexposed aggregate & light wash

h1

natural stoneflamed basalt

s1r1

stuccoexposed aggregate stucco,integral color, sw 7675 seal skin

p2

p1

p1

p1

p1

p1

p2

p2

p2

m1

m1 m1 m1

m2

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1/8

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issue date

revisions

1826



(480) 948-3517

lot 2

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hoa submittal

june 07 2019


Phoe

nix,

AZ

schematicdesign

conceptual north elevationn.t.s

conceptual east elevationn.t.s.

a4.3

material legend


p1

p1

p1

p1

p1

p1p1

p2p2

p2 p2

m1

m1 m1

m1m1

m1

m1

m1 m1

m1 m1

m2

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m2

m2

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m2m2

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m1 m2h1 p1

snap tie concrete

c1


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p2

p1

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m1 m1

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issue date

revisions

1826



(480) 948-3517

lot 2

Moo

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ain

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arm

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hoa submittal

june 07 2019


Phoe

nix,

AZ

schematicdesign

a4.4

conceptual south elevationn.t.s

conceptual west elevationn.t.s.

material legend


-313-

November 23, 1988

DISTRICT 7 -TONTO CHURCH OF CHRIST

C. Application 160-88-7 : Request of Tonto Church of Christ to rezone a parcel - located approximately 50 feet west of 11th Avenue on the north side of Tonto Street, (approximately 0 . 22 acres) from R-3 to P-1 .

The Planning Commission has concurred with the Zoning Hearing Officer and recommended approval, subject to modified stipulations, with a 6-0 vote .

DISTRICT 4 -CITY OF PHOENIX PLANNING COMMISSION

D. Annexation 13 7 : Request of City of Phoenix Planning Commission to establish original City of Phoenix zoning on an area roughly bounded by Devonshire Avenue (extended) on the north, Indian School Road on the south, 107th Avenue on the east and 108th Avenue (extended) on the west, (approximately 8.32 acres) from County CS to City PSC .

The Planning Commission has concurred with the Zoning Hearing Officer and recommended approval, subject to stipulations, with a 6-0 vote.

There being no one present in opposition, MOTION was made by Mr. Adams, SECONDED by Mr. Nelson, that Item 19A through D be ratified . MOTION CARRIED UNANIMOUSLY.

ITEM 20 DISTRICTS 1 , 2, 3, 5 -STIPULATION MODIFICATIONS AND TIME EXTENSIONS -RATIFICATION OF PHO ACTION -F-2700

The Council heard request to approve the Planning Hearing Officer's recommendation without further hearing by City Council on modification of stipulation and time extension matters heard by the PHO on November 2, 1988 .

DISTRICT 1 -MOON MOUNTAIN SHADOWS LTD . PARTNERSHIP

A. Application 12-87 - Request of Moon Mountain Shadows Limited Partnership, represented by Mr. Eneas Kane, for modification of stipulation requiring development be under the average lot option; to provide for

City Council Minutes

076885

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-319-

.'

' • November 23, 1988

In the opinion of the Planning Hearing Officer, the conditional zoning was not a stipulation of the rezoning request but a guideline for the Development Coordination Off ice to monitor the project fol lowing site plan review .

There being no one present in opposition, MOTION was made by Mr . Adams, SECONDED by Mr. Nelson, that Item 20A through G be ratified. MOTION CARRIED UNANIMOUSLY.

ITEM 21 DISTRICT 3 -PUBLIC HEARING -P-871756 - MAJOR STREET PROJECT SCALLOPED STREETS - F-5840

The Council held public hearing on scalloped streets for the proposed improvement of certain portions of 43rd Avenue from 950 feet north of Camelback Road to approximately 80 feet south of Bethany Home Road . November 23, 1988, is the date fixed by the City Council on November 2, 1988, for the public hearing.

Mayor Goddard declared the public hearing open. There being no one wishing to speak, Mayor Goddard declared the public hearing closed.

ITEM 22 DISTRICT 6 -PUBLIC HEARING -BOARD OF ADJUSTMENT APPEAL -F-810-A

Application 392-88 - Original Appellant: Anthony M. Bucca; Original Applicant: Anthony M. Bucca; (Owner: Anthony M. Bucca); Subject : VARIANCE requested for an over-height fence (6 ft.) in the front yard. 3-ft. fence permitted in front yard . Section 403-A-l. Premises : 4949 East Calle Del Medio, Residential RE-35.

Mayor Goddard declared the public hearing open.

Mr. Jerry Tokoph, 4108 East Air Lane, representing the property owner, said Mr. Bucca was requesting a six-foot fence that would be predominantly see-through. Approximately 60 residents within the area had signed a petition recommending approval. There were only four - or five residents in opposition. Mr. Bucca had spent an enormous amount of money remodeling this home and the


076885

Highlight

BEUS GILBERT McGroder PLLC

ATTORNEYS AT LAW

701 NORTH 44TH STREET

PHOENIX, ARIZONA 85008‐6504

FAX (480) 429‐3100

Dennis M. Newcombe DIRECT (480) 429‐3065

E‐Mail Address: [email protected] FILE NUMBER

February 27, 2020

HAND DELIVERY City of Phoenix Planning and Development Department, 2nd Floor Phoenix, AZ 85003

Re: Planning Hearing Officer Submittal. Case: Z-12-87-1 (Current Council District 3). Location: 14206 North Moon Mountain Trail (APN: 208-16-480). Zoning: R1-8.

To Whom It May Concern:

The following enclosed Planning Hearing Officer (“PHO”) application request is regarding the above vacant residential property (See Attached Exhibit ‘A’: Aerial Map of the Property’s Location/Parcel), which our client is currently trying to process building permits to build their dream home. (See Attached Exhibit ‘B’: Proposed Architectural Drawings/Plans of their Home) Our client and their architect were proceeding along nicely without any “issues” regarding their proposed development plans and received approvals from the Moon Mountain Estates Homeowners Association/Architectural Committee (See Attached Exhibit ‘C’: Moon Mountain Estates Homeowners Association Letter, Dated February 21, 2020, and Email from Dave Drake, Dated June 10, 2019) as well as from the city of Phoenix Zoning Adjustment Hearing Officer for a variance to allow their proposed tiered “3-story home” within 30-feet due to the slope of the hillside (Note: Per the city’s Zoning Ordinance 2-story, 30-feet is allowed by-right). (See Attached Exhibit ‘D’: City of Phoenix Zoning Adjustment Hearing Officer Approval Form, Dated December 31, 2019) However, when the architect went to submit for the building permits they were advised that there is an ‘old’ zoning stipulation that prohibited 2-story homes from being built on our client’s property as well as the four (4) other lots associated with the five (5) lot subdivision plat, which was also specifically noted on the official plat map. (See Attached Exhibit ‘E’: Official Plat Map for Moon Mountain Vistas Unit I with the 2-Story Prohibition) Upon further research it was discovered that a 1987 zoning case (Case: Z-12-87-1) stipulated the 2-story prohibition (See Attached Exhibit ‘F’: City of Phoenix Approvals and Letter, Dated April 23, 1987). The stipulation states:

Stipulation 8 (Z-12-87-1)

That there shall be no two-story structures built or maintained on the five Moon Mountain lots. This shall not limit a split-level residence.

Planning Hearing Officer Submittal Case: Z-12-87-1 (Current Council District 3) February 27, 2020 Page 2 of 4

In reviewing the voluminous public record, it is clear there were some concerns with the rezoning case; more specifically regarding the larger overall rezoning being proposed rather than the five (5) lots associated with Moon Mountain Vistas Unit I, which our client’s property is a part. In fact, the record shows that the Moon Mountain Estates Improvement Association (a.k.a., Moon Mountain Estates Homeowners Association) supported the rezoning request, with additional agreed upon stipulations, which included Stipulation 8. (See Attached Exhibit ‘G’: Hearing Minutes) See the attached City Council minutes from April 1, 1987, page 43, and as noted below.

“Attorney Leo Miller, from Jennings, Strouss, and Salmon, 111 West Monroe, Suite 1800, spoke on behalf of the Moon Mountain Estates Improvement Association. Moon Mountain Estates includes 16 lots, which are located south and east of the proposed development. Mr. Miller read the following letter.

Dear Mayor Goddard,

On behalf of the Moon Mountain Estates Improvement Association, I am pleased to inform you that the Association has voted unanimously to endorse the Moon Mountain Shadows rezoning application being presented to you this evening subject to the stipulations imposed at the Planning Commission hearing.

Mr. Slavin met with our association on several occasions and with our lawyers, Jennings, Strouss, and Salmon. These meetings culminated in a formal written agreement whereby the developer agreed to these stipulations and attached the Moon Mountain Shadows site plan as an exhibit to the agreement. We urge your approval of the Application No. 12-87-1 as recommended to you by the Planning Commission subject to the stipulations imposed by the Planning Commission

The letter was signed by Don Kenny, Vice president of Moon Mountain Estates Improvement Association.”

The opposition to the rezoning case (Case: Z-12-87-1) was based on the following four (4) reasons below, and not regarding these five (5) lots or building height. (See Attached Exhibit ‘H’: Opposition Petitions and Letters)

1.) Greatly increased traffic on Evans Drive and Mandalay Lane – (No other outlet).

2.) Water retention and drainage for the 100 year storm, including mountain runoff to be retained on subdivision.

3.) Air quality – Homes built with fireplaces – additional air pollution from these additional homes could be an air quality hazard because of the subdivision being surrounded by mountains with the higher density.

Planning Hearing Officer Submittal Case: Z-12-87-1 (Current Council District 3) February 27, 2020 Page 3 of 4

4.) City Council to enforce the hillside ordinance, and that NO waiver be granted for this subdivision.

Furthermore, prior PHO cases heard/approved in 1988 highlight that Stipulation 8, as well as the bulk of the stipulations from the 1987 case, was crafted to appease the Moon Mountain Estates Improvement Association (a.k.a., Moon Mountain Estates Homeowners Association). (See Attached Exhibit ‘I’: Two PHO Cases and their Approvals/Minutes) Specifically the minutes from the Planning Hearing Officer hearing, dated February 3, 1988, pages 1 & 3, highlight this point with regards to Stipulation 8. Importantly, Stipulation 11 from the 1987 case, noted below, also required they join the Moon Mountain Estates Improvement Association.

Stipulation 11 (emphasis added)

That the five Moon Mountain lots shall be made subject to the current deed restrictions of Moon mountain Estates and shall become a part of the Moon Mountain Estates Improvement Association.

This has occurred and the five (5) lots are now subject to the Moon Mountain Estates Homeowners Association (a.k.a., Moon Mountain Estates Improvement Association). Thus, as previously stated, our client received approval from Moon Mountain Estates Homeowners Association for their proposed tiered “3-story” home” (i.e., 30-feet). (See Attached Exhibit ‘C’: Moon Mountain Estates Homeowners Association Letter, Dated February 21, 2020, and Email from Dave Drake, Dated June 10, 2019) Furthermore, the CC&R’s have been modified and recorded to allow for the possibility of 2-story homes on these five (5) lots. (See Attached Exhibit ‘J’: Moon Mountain Vistas Unit I Second Amendment to their CC&R’s, Recorded September 20, 2018; Specifically Page 4) The Amendment allows for a “variance” to be requested and approved by the Moon Mountain Estates (Improvement) Association Architectural Committee to allow a 2-story home, which our client completed and received approval. However, since the 1987 zoning stipulation still exists and is enforceable by the city of Phoenix, not the CC&R’s, then our client is stuck and cannot build their home as envisioned and approved by the Architectural Committee. Thus, we need to delete Stipulation 8 as it is no longer necessary, since the 2018 Second Amendment to their CC&R’s establishes the possibility of building 2-story homes on these five (5) lots. With that said, the following stipulation below needs to be deleted from case Z-12-87-1 (Current Council District 3) as follows:

Delete Stipulation 8 That there shall be no two-story structures built or maintained on the five Moon Mountain lots. This shall not limit a split-level residence.

The proposed deletion of Stipulation 8 is appropriate and reasonable and allows all the

development standards/opportunities afforded similar single-family residential homes in the area. Moreover, the original reason for the stipulation was imposed by Moon Mountain Estates Improvement Association (a.k.a., Moon Mountain Estates Homeowners Association) in 1987 and they have since changed their position by modifying the CC&R’s to allow the possibility of

Planning Hearing Officer Submittal Case: Z-12-87-1 (Current Council District 3) February 27, 2020 Page 4 of 4 2-story homes on these five (5) lots. It is also worth noting that there was no opposition to the variance hearing in December that was submitted to the city with public notices mailed and a notice of hearing sign posted accordingly. Thus, vindicating support for our client’s request and the concomitant deletion of this zoning stipulation prohibition.

To that end, we respectfully request your approval. If you have any questions regarding the above and/or the enclosed PHO submittal materials, please feel free to contact me.

Thank you in advance for your time and patience in reviewing this request.

Very truly yours, BEUS GILBERT PLLC

Dennis M. Newcombe Dennis M. Newcombe Planning Consultant

Attachments: As stated

Exhibit ‘A’

PARCEL MAP

14206 North Moon Mountain Trail APN: 208-16-480

Site

North

Exhibit ‘B’


(480) 948-3517

contact: mark a. tate, a.i.a.

kulbhushan and purnima sharma5620 w thunderbird rd #D2glendale, arizona 85306

tbd

architect owner builderstructuralcivil

graham engineering7406 east non chalant

carefree, arizona 85377(480) 488-4393

contact: paul sigston

project data

project address 14206 n moon mountain trailphoenix, arizona 85023

legal description

assessors pcl no. 208-16-480

zoning R1- 8

construction type V-B

occupancy single family residential

lot area 87,997sf / 2.02 acres

livable area 6,909 sf

drawing index - bdrawing index - a

t 1.0 cover sheet

1 survey


building code summary

all construction shall comply with the following codes andammendments per their adopted ordinances

project description

a 4.1 elevations

first floor plan

a 1.0 site plan

a 2.1


this project is a residence located in the moon mountainvistas community of phoenix, arizona.

the home is situated on a 2.02 acre site.

the home will be approximately 6,909 sfof livable area on a two levels.

the central area will include an entry,a living room, a kitchen, and dining.

north of the central core will include the pantry, laundry,stairs, master bedroom,

master bath, master closet, mandir, garage andmechanical. the south side will include a bedroom

with a bathroom, stairs, powder room, office,theater room, reading room.

exterior amenities will include guest parking,a pool, covered patio, with outdoor dining and desert

gardens.

the architectural style can best be describedas desert contemporary with

a simple palette of materials that includesstucco, metal, block, stone and glass.

second floor plana 2.2

a 4.2a 4.3

elevationsconceptual 3d color elevations

1/8

1/10

3/8



issue date

revisions

1826



(480) 948-3517

lot 2

Moo

n M

ount

ain

Vista

sSh

arm

a Re

side

nce

hoa submittal

june 07 2019


Phoe

nix,

AZ

schematicdesign

t1.0

tbd


a 4.4 conceptual 3d color elevations

lot 2 moon mountainvistas unit 1 MCR 327-22

C1

C1 CIVIL COVER SHEET/C2 GRADING & DRAINAGE

garage

kitchen

dining

living

theater room

f/p

reading room

auto court

pantry

storage

w/h

patio

master bedroom

closet

master bath

makeup

bedroom 2

closet

bath 2

shower

makeup

pool

shower

patio

patio

fire

guest parking

main ff @ 1,530.75

auto court ff @ 1,530.25

stairs

powder

breakfast nook

garden

laundry

stairs

office

entry

linen

mandir

guest parking

property line

property line easement

easement

easement

easement

easement

setback

setbackproperty line

setback

setback

10'-0"

10'-0"

15'-0"

1'-434 "10"

6'-2716 "

4'-858 "

15'-4 12"

9'-4 14"

4'-4 12"

100'-0"

107'-51316"

119'-712"

136'-312"

121'-558"

43'-834"

83'-10"

127'-634"

S 76* 33' 11" E 424.22'

N 73* 55' 30" W 265.04'

N 2

9* 2

0' 1

2" E

253.

16'

S 55

* 16

' 22"

W34

3.06

'

site plan1/16" = 1'-0"1/

81/

103/

8



issue date

revisions

1826



(480) 948-3517

lot 2

Moo

n M

ount

ain

Vista

sSh

arm

a Re

side

nce

hoa submittal

june 07 2019


Phoe

nix,

AZ

schematicdesign

a1.0

floor plan - 4,897 sf2nd floor plan - 2,012 sf

total - 6,909 sf

garage

kitchen

dining

living

theater room

f/p

reading room

auto court

pantry

storage

w/h

patio

master bedroom

closet

master bath

makeup

bedroom 2

closet

bath 2

shower

makeup

pool

shower

patio

patio

fire

guest parking

main ff @ 1,530.75

auto court ff @ 1,530.25

stairs

powder

breakfast nook

garden

laundry

stairs

office

entry

linen

mandir

guest parking

first floor plan1/8" = 1'-0"


total - 6,909 sf

1/8

1/10

3/8



issue date

revisions

1826



(480) 948-3517

lot 2

Moo

n M

ount

ain

Vista

sSh

arm

a Re

side

nce

hoa submittal

june 07 2019


Phoe

nix,

AZ

schematicdesign

a2.1

balcony

bedroom 4

bedroom 3

shower

closet

bath 3

balcony

stair

shower

closet

bath 4

second floor plan1/8" = 1'-0"1/

81/

103/

8



issue date

revisions

1826



(480) 948-3517

lot 2

Moo

n M

ount

ain

Vista

sSh

arm

a Re

side

nce

hoa submittal

june 07 2019


Phoe

nix,

AZ

schematicdesign

a2.2


total - 6,909 sf














house walls;stucco

house columns;basalt

house walls;stucco








house wall stems;exposed concrete (typ)












+ 10'- 6" a.f.f.top of fascia


window & door frames;dark bronze anodized

(typ.)



pool;basalt

railing;glass


house walls;stucco



house walls;basalt

house walls;stucco

railing;glass




columns;exposed aggregatestucco


1/8

1/10

3/8



issue date

revisions

1826



(480) 948-3517

lot 2

Moo

n M

ount

ain

Vista

sSh

arm

a Re

side

nce

hoa submittal

june 07 2019


Phoe

nix,

AZ

schematicdesign

east elevation1/8" = 1'-0"

a4.1

north elevation1/8" = 1'-0"





+ 0'- 0" f.f.

top of wall+ 5'- 4" a.f.f.

finish floor













house walls;stucco


house walls;basalt

house walls;basalt

house walls;stucco

columns;exposed

aggregatestucco

columns;exposed

aggregatestucco


railing;glass

site walls;stucco


sandblasted block


pool;basalt





sandblasted block

+ 0'- 0" f.f. + 0'- 0" f.f.


finish floor finish floor

top of fascia+ 10'- 6" a.f.f.













railing;glass

house walls;stucco

pool;basalt



sandblasted block

railing;glass

columns;exposed aggregate

stucco

painted steel

house walls;stucco



house walls;stucco

house walls;basalt


site walls;stucco


1/8

1/10

3/8



issue date

revisions

1826



(480) 948-3517

lot 2

Moo

n M

ount

ain

Vista

sSh

arm

a Re

side

nce

hoa submittal

june 07 2019


Phoe

nix,

AZ

schematicdesign

south elevation1/8" = 1'-0"

west elevation1/8" = 1'-0"

a4.2

p1 p1

p1

p1p1

p1 p1

p1

h1

m1

m1

m1

m1

m1

m1 m1

m1 m1

m2

m2 m2 m2

m2 m2

m2

m2

m2 m2

m2m2

m2

c1

b1

b1

b1s1s1

r1

r1






m1 m2h1 p1

snap tie concrete

c1


b1


h1


s1r1


p2

p1

p1

p1

p1

p1

p2

p2

p2

m1

m1 m1 m1

m2

m2

m2

m2

m2

c1

b1

b1

s1

1/8

1/10

3/8



issue date

revisions

1826



(480) 948-3517

lot 2

Moo

n M

ount

ain

Vista

sSh

arm

a Re

side

nce

hoa submittal

june 07 2019


Phoe

nix,

AZ

schematicdesign

conceptual north elevationn.t.s

conceptual east elevationn.t.s.

a4.3

material legend

p1

p1

p1

p1

p1

p1p1

p2p2

p2 p2

m1

m1 m1

m1m1

m1

m1

m1 m1

m1 m1

m2

m2

m2

m2

m2

m2

m2m2

m2

c1

b1

b1

s1

s1

r1m2

s1






m1 m2h1 p1

snap tie concrete

c1


b1


h1


s1r1


p2

p1

p1

p1

p1

p1

p1

p2

p2

p2

m1 m1

m1

m1

m2

m2

m2

m2

m2

m2

c1

p1

m2

m2

b1

b1

b1

s1

r1

1/8

1/10

3/8



issue date

revisions

1826



(480) 948-3517

lot 2

Moo

n M

ount

ain

Vista

sSh

arm

a Re

side

nce

hoa submittal

june 07 2019


Phoe

nix,

AZ

schematicdesign

a4.4

conceptual south elevationn.t.s

conceptual west elevationn.t.s.

material legend

Exhibit ‘C’

1

Justine

From: Dave Drake <[email protected]>Sent: Monday, June 10, 2019 7:21 AMTo: JustineCc: Mark Tate, AIA; Julie Jones; [email protected]: Re: sharma, lot 2 moon mountain estates

Good morning. We are pleased to grant preliminary approval for the submittal. We will need to 2 full sets of final drawings for final review when you submit for a permit. Approval to begin construction will be given when the final submittal is reviewed. Thanks, On Fri, Jun 7, 2019 at 2:18 PM Justine <Justine@tate‐studio.com> wrote:

Hi Dave,

Attached is a variance letter request for the Sharma’s Residence on lot 2, as well as the renderings/architectural drawings for reference,

Please let us know if you have any questions or need anything else from us.

Best,

2

www.tate‐studio.com

Exhibit ‘D’

Exhibit ‘E’

40890

Rectangle

Exhibit ‘F’

40890

Rectangle

40890

Highlight

40890

Highlight

40890

Highlight

40890

Highlight

Exhibit ‘G’

40890

Rectangle

Exhibit ‘H’

40890

Rectangle

Exhibit ‘I’

40890

Rectangle

40890

Rectangle

40890

Rectangle

Exhibit ‘J’

40890

Rectangle

40890

Line

40890

Line

40890

Line

40890

Line

City of Phoenix PLA ~II G D[P ... if.JE'H

December 01, 1988

Mr Eneas Kane, Representative Moon Mountain Shado•s Ltd Partnership, Owner 2198 East Camelback Road, 0285 Phoenix, AZ 85016

l 5 a' VJa~ .. c:r it. Pno ru A zti-1a oSJ;J...., ] 60' i1;; -e ~

Re Rezoning Application No -1~-87 - Irregular parcel beginning 1,575 feet north of Thunderbird Road and 545 feet east of 19th Avenue Heard at City Council on November 23, 1988

Dear Mr Kane

Please be advised that the Phoenix City Council, in accordance with the provisions of Section 108-M of the Zoning Ordinance, concurred with the recommendation of the Planning Hearing Officer for approval to allow development under the standard lot option, subject to the following stipulations

1 That there be no grading waivers bevond the 10% grading limitations of the hillside ordinance without a Planning Hearing Officer review

2 That the balance of the City Council stipulations shall remain in force

Sincerely,

b~ts~ David E Richert Zoning Administrator

DER SD/ab

cc City Clerk J Neville .S=MuenfJ= J Beall

' Z-12-87-1 (PHO-2-88) Approval Letter

076885

Highlight

Z-12-87-1 (PHO-1-88) Approval Letter

,

3

• • -2-

That in connection with the final grading and drainage approval for each building PAD contained in Moon Mountain Shadows Units I and II, and after the expiration of any appeal related to such final approval, an open space easement shall be recorded reserving from development that downslope area of each lot The easement shall begin at a line 50 feet from the edge of the final approved building pad, and run generally parallel to the downslope lot line

That the balance of the City Council stipulations shall remain in force

If you require further assistance or information, please contact the Planning Department, located on the third floor of the Plaza Municipal Building, 125 East Washington, or call 262-7131

Sincerely,

D nna Culbertson City Clerk Director

DC/ss/8294j

cc Planning Department (4)

Z-12-87-1 (PHO-3-20) Approval Letter

076885

Highlight

Departments Concerned Date: Hearing Officer May … (PHO...master bath, master closet, mandir,...

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