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Old 03-03-2019, 09:13 AM
 
Location: Arizona
56 posts, read 63,597 times
Reputation: 156

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Does anyone know of a "view obstruction ordinance" for the Sunnyslope area? Especially in the Ocotillo Hills subdivision?

Here's my dilemma:
My neighbor (without ever reaching out to me to avoid a grievance) is building an addition on the back of his house that will totally obliterate my views of the mountain preserve behind me. This arbitrary action will negatively affect my resale value .... not to mention my emotional health. I've lived in this same house for 57 years and never saw this one coming. It has been utterly devastating. I'm in my 70's and had hoped to enjoy the peace and wonder of the mountain in my retirement. Sorry.

Anyway, it appears that some kind of view ordinance or view easement may be my only hope. The neighbor has proper permits in place and without any other legal recourse, I'm SOL.

Any help is greatly appreciated.
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Old 03-03-2019, 03:25 PM
 
Location: Arizona
743 posts, read 876,470 times
Reputation: 2139
I can't offer any help but I wanted to say that I'm sorry this is happening to you. To live in a home for 57 years is amazing. You have probably seen a lot happen to your neighborhood over the years.
Your situation is awful. Can you call the county or talk with an attorney regarding your rights? It might be well worth a few hundred bucks to see if there's anything you can do.

Good luck.
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Old 03-03-2019, 03:44 PM
 
566 posts, read 573,495 times
Reputation: 901
Are you in an HOA? If not you're probably out of luck. Sorry this has happened. I'd be upset too.
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Old 03-03-2019, 04:30 PM
 
4,624 posts, read 9,277,207 times
Reputation: 4983
Quote:
Originally Posted by piscesinphoenix View Post
Does anyone know of a "view obstruction ordinance" for the Sunnyslope area? Especially in the Ocotillo Hills subdivision?

Here's my dilemma:
My neighbor (without ever reaching out to me to avoid a grievance) is building an addition on the back of his house that will totally obliterate my views of the mountain preserve behind me. This arbitrary action will negatively affect my resale value .... not to mention my emotional health. I've lived in this same house for 57 years and never saw this one coming. It has been utterly devastating. I'm in my 70's and had hoped to enjoy the peace and wonder of the mountain in my retirement. Sorry.

Anyway, it appears that some kind of view ordinance or view easement may be my only hope. The neighbor has proper permits in place and without any other legal recourse, I'm SOL.

Any help is greatly appreciated.
Some cities have view ordinances. For example a house right on the ocean likely wouldn't be able to build a second floor addition if that blocked the neighbors existing ocean view. I am not sure if Phoenix has this or not, so I would recommend you consult a real estate attorney. There's also the issue whether or not the addition was even permitted.
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Old 03-03-2019, 04:42 PM
 
6,300 posts, read 4,196,397 times
Reputation: 24791
that is so distressing so sorry. The only thing I found is this
https://www.nolo.com/legal-encyclope...ews-29942.html


This link might have some suggestions such as your subdivision zoning laws.
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Old 03-03-2019, 04:52 PM
 
2,773 posts, read 5,725,543 times
Reputation: 5089
Quote:
Originally Posted by ringler24 View Post
Are you in an HOA? If not you're probably out of luck. Sorry this has happened. I'd be upset too.

OP said proper permits in place HOA can most likely pound sand.
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Old 03-03-2019, 05:22 PM
 
566 posts, read 573,495 times
Reputation: 901
Quote:
Originally Posted by Burning Madolf View Post
OP said proper permits in place HOA can most likely pound sand.

I could get lots of approved permits from the city but my HOA has rules about building which I must follow.
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Old 03-03-2019, 05:27 PM
YAZ
 
Location: Phoenix,AZ
7,707 posts, read 14,084,935 times
Reputation: 7043
I feel terrible for the OP. While much of Sunnyslope has been gentrified, more needs to be done. Instead, we're building nicer homes on top of nice homes.
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Old 03-03-2019, 05:59 PM
 
Location: East Central Phoenix
8,042 posts, read 12,263,367 times
Reputation: 9835
Quote:
Originally Posted by piscesinphoenix View Post
Does anyone know of a "view obstruction ordinance" for the Sunnyslope area? Especially in the Ocotillo Hills subdivision?

Here's my dilemma:
My neighbor (without ever reaching out to me to avoid a grievance) is building an addition on the back of his house that will totally obliterate my views of the mountain preserve behind me. This arbitrary action will negatively affect my resale value .... not to mention my emotional health. I've lived in this same house for 57 years and never saw this one coming. It has been utterly devastating. I'm in my 70's and had hoped to enjoy the peace and wonder of the mountain in my retirement. Sorry.

Anyway, it appears that some kind of view ordinance or view easement may be my only hope. The neighbor has proper permits in place and without any other legal recourse, I'm SOL.

Any help is greatly appreciated.
Despite your residence bordering a preserve area, you live in a neighborhood in the nation's 5th largest city. With that in mind, you're going to have neighbors who can rightfully do whatever they want on their own property regardless if you agree with them. Sorry, but that's life. If he has proper permits in place as you stated, there is nothing you can do (except perhaps move to a smaller, quieter place where your retirement and views won't be disturbed as much). Seriously, if a blocked mountain is affecting your emotional health, it seems there is something more to this story on your part which might require some medical evaluation.
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Old 03-03-2019, 10:02 PM
 
2,773 posts, read 5,725,543 times
Reputation: 5089
Quote:
Originally Posted by ringler24 View Post
I could get lots of approved permits from the city but my HOA has rules about building which I must follow.

Yeah, and I'd put my money on an AZ judge siding with a town/city over and HOA any day. Ask any lawyer advising an HOA and they will tell you the same.
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