Loss of view from property (Phoenix: short sale, lawyer, home builder)

[kell490]

You probably have heard of this before but my mother purchased a property on the north side of Lookout mountain in Phoenix about 2 years ago. From her backyard she has a nice view of the city looking north. The lot behind her home is about 1 acre it has been vacant for years. Yesterday she received a letter asking her to attend a meeting because a home builder who now owns the land wants to develop large 2 story homes on the property. This will ruin her view and in my opinion and lower her property value. I think because the land is so small the builder wants to maximize his property by building 2 story homes where most homes are 1 story in her area. My assumption is the builder has to get residents in the area to buy into the idea or he would not bother asking. Is there any recourse one can get for property loss if the homes do get built?

[LBTRS]

Seems to me that unless there are restrictions in the CC&R's on the height of new houses then what the new owner does is of no business to your mother. This is why people pay so close of attention to what is in front of them now and what could be in front of them in the future when they purchase view property.

Maybe some legal minds have something to add but in my understanding she is SOL.

[North Beach Person]

It sounds as though your mother and others may have a view easement which the developer is trying to have them give up. Most developers wouldn't bother with a meeting if that wasn't the case. You need to find that out.

Your other guesses are likely correct, he's building up to maximize his profit on the lots, loss of the view will be a negative drag on the property value.

If there is an easement and it's not given up then there's no reason for recourse. Your mother, and the others, could rescind the view easement. Would $100K compensate?

[lucknow]

I such cases where the situation has the potential to occur any progressive city will have building bylaws that prevent obscuring other homes views. Even if that doesn't exist there should be height restrictions that could prevent the building of a view blocking house. I would be checking with a local RE lawyer for sure before anything gets done.

[azdr0710]

as suggested, find out if the builder is having the meeting because he's having to get a zoning change or variance to do what he wants....if enough neighbors object in the correct way, the builder may have to alter his plans, maybe.....two-story homes are popular now because the building cost/sq. ft. is lower.....

it could also be said that your mother should've checked on this before she bought.....

[pbenjamin]

If the lot is really just an acre and the builder is proposing more than one house it is possible that he may be seeking a zoning change in order to build more residences than the current zoning allows. In that case a protest petition from people with adjacent properties can require a 3/4 vote by city council to approve.

[kell490]

The lot is across a small residential street behind her wall, so I don't think it will be an easement but I could be wrong. I'm sure they are wanting something because it's a private meeting, and like I said most homes are 1 story so it's probably an issue with the size of the homes exceeding a high restriction. Thanks for all the good information because we don't know anything about city zoning rules it always seems like builders with big pockets get what they want eventually. The view wasn't considered at the time of purchase she got a super good deal because she paid cash on a short sale, but the view was a bonus at the time.

[Bummer]

Very interesting, Kell . . .

I have a feeling the builder is attempting to eliminate a City / County Zoning or Code Restriction.

[cactusland]

Sounds like he wants something otherwise he wouldn't give a crap about the meeting.

[North Beach Person]

Originally Posted by Bummer

Very interesting, Kell . . .

I have a feeling the builder is attempting to eliminate a City / County Zoning or Code Restriction.

Since all the houses are currently single story there's probably a height limit in place. The developer, as mentioned, may be asking for community support to ask for a variance in order to go to two stories.

At the meeting count on at least one person there supporting the developer with language something like this, "I don't know what you people's problem is. This guy has to make a living, too.".

The problem will be if the variance is granted expect to see people adding a second story to existing houses or doing total teardowns and building up.