Dear board members.
We are requesting adjustment to increase the fence wall in our front yard from 40 inches to 54 inches. The proposal does not breach the PUE as the PUE is in the back alley. The fire department marshal was contacted and instructed us that UFC is 36” inches from the center of the fire hydrant. blue stake was done and there was no interference with any utilities, and finally NO safety concerns. All due diligence was done prior to constructing the proposed wall and pedestrian gate arch.
Prior to construction, we contacted the city of Phoenix on 2 occasions to ask if a permit is required for the walls, columns, and pedestrian gate arch in the design stage as we were asked to obtain a permit for the driveway access ONLY. Which we did.
The planning department instructed us that no building permits are required for walls under 40 inch and “columns can be higher than 40 inches as it is considered a view fence and was consistent with other walls on our street and thousands of perimeter walls throughout Phoenix. (see list of homes and corresponding photos attached)
When we pointed out pedestrian gate’s arches in the neighborhood the city planning dept said that no permit is required for pedestrian entry arch since it is under 200 square feet. We have attached similar pedestrian gate structures throughout our neighborhood and down our street. (See attached photos)
PLEASE NOTE: During construction of the walls and pedestrian gate on Aprill 22nd 2022, City inspector Johnny Montoya came to our property responding to a complaint made by Sandra Grunow. He inspected the wall heights and saw renderings and instructed us to continue construction.
Ocotillo rd. is a minor collector street, it is used a “cut through street” by vehicles and pedestrians. Foot traffic and crime has increased tremendously in this area. Daily and nightly passersby were throwing drug use items, blades, into our front and onto our property. There was documented occasion of swat team on our property going into our house and neighbor house to search for a suspect who was hiding in our back yard (please see photos) also, article of 30-year schoolteacher getting shot walking his dog 1000 feet from our house at 8:00pm.
In the past year we have many anti-Semitic harassments by our neighbors and by passerby, hate crime events such as 1017 E Ocotillo which also owned by us, had knife stabbing on our screen door and broken window because of the display of our mezuza. Please see photos of hate crimes at our house, properties and synagogue on 7th street and Ocotillo rd.
The property is located directly on a T intersection of 11th street and Ocotillo Road, which does not have a stop sign. A month after moving into our house we had a vehicle drive 25 ft into our front yard and left tire marks outside by our kid’s bedroom.
The walls / fence and pedestrian gate is vital for the safety of our kids and family as we cannot allow them to play in the front of our house and are exposed to fast moving vehicles, transients who cut through ocotillo Rd,
We are worried about speeding cars and drivers diverting onto our property or our kids running into the busy road unexpectedly.
We also on one occasion had a drug user approach our front door at 10:00pm looking for “work” These reasons are not self-imposed and Interferes with the use and enjoyment of our property, and potentially affects our health, safety, welfare, and our comfort.
There also the matter of really bright glare from headlights of vehicles coming down 11th street towards Ocotillo which get in our front bedroom, living room and kitchen dining room which is a nuisance when we are trying to have dinner or have a good night sleep in the front bedroom on the east side of the house facing 10th street This is not self-imposed and Interferes with the use and enjoyment of our property, and potentially affects the health, safety, welfare, and our comfort.
We have full support from our neighbors with no exceptions! All our neighbors have expressed their support and liking of the appearance that our house contributes to our neighborhood and of their property value benefits due to our improvements.
Please see the overwhelming support of ALL NEIGHBORS. over 60 signed and wrote letters! Please see attached. PLEASE MAKE AN EFFORD TO READ LETTERS FROM – Jo Fink 704 E OCOTILLO AND Leslie Christ 1042 E Tuckey Ln
We live on a very diverse street with an industrial factory 100 foot away from our house, apartment complexes down 10th street and Ocotillo, APS power station on 9th street and Ocotillo rd., and as we are one of 6 un-commonly large 17,000 Square foot lot that is an – R 1-6 sub-divided from the old POPE LIME CO orchards back in the 50’s. We are the only house out of these 6 houses with young children.
We also have support from city staff for a revocable permit that will allow us to stay in the ROW with conditions – pending board of adjustments and planning dept approval of walls height and pedestrian arch Please see email from ERIK BUSKIRK – STREETS DEPT.
Antisemitism and racial harassment
We have included photos of vandalism on our properties in the neighborhood (1017 e Ocotillo rd.) due to our religion and ethnicity. Some include yelling of “hail Hitler” “Free Gaza” and graffiti on our property and synagogue at the end of the street. We have also been targeted by Sandy Grunow and her affiliates harassing us on our property and verbally assaulted my wife. With words like: “YOU PEOPLE can’t do what you want in this neighborhood!” All was reported to Eric Boardman Phoenix PD, Counselman Robertson from district 6, Arizona Attorney General, Anti-defamation league, Justice courts and more. Similar walls consistent to what we have built have been approved and constructed all throughout Phoenix. Please see exhibit for a list of homes and photos from houses in the neighborhood and around Phoenix.
RIGHT OF WAY CONSTRUCTION.
As we mentioned in this letter, we have mistakenly built a portion of our wall and pedestrian gate on the city ROW. There were no bad intentions to do so as we were naively under the impression that our property line, like many others in Phoenix, is in fact 4 FT behind the curb as it was also consistent with other walls and pillars on our street. Please see the list of houses and many photos and addresses attached. The sidewalks were never developed on our street as you can see in the “Before” photos we have attached.
As we were preparing for the initial variance meeting we realized a portion of the wall was on the ROW, WE DID NOT MEAN FOR THAT TO HAPPEN and got in contact with City of Phoenix Traffic department right away to figure out a reasonable solution that will minimize our financial hardship with moving these walls, We spoke with Thomas Wyatt – Chief Engineering Technician who assured us that this happens sometimes and since the city have no interest of improving these sidewalks, (please see before photos ) and since, we left 4.5 – 5.5 Ft space to build a curb in case needed in the future. Mr. Wyatt and Eric Buskirk from Streets dept. created a supported revocable permit that will solve our situation as soon as the wall height is approved, and we will abide by this permit. We have been in close contact to resolve this in the best way possible with David Urbinato from planning and development, Erik Buskirk and Thomas Wyatt from the streets department and entire city staff from the district 6 staff to neighborhood services.
We have included a site plan and rendering that was agreed to be satisfactory by STREET DEPT. as it is mentioned in the email attached from ERIK BUSKIRK.
We agreed to cut back the pedestrian gate arch back to the property line and agreed to build all future gates at the property line. Plan that has been communicated and pending approval contingent board of adjustment approval of this variance.
RESPONSE TO OPPOSITION: SANDY GRUNOW
Sandra Grunow has been actively harassing and targeting mainly Jewish and minorities in our neighborhood since 2017. She has been using the city of Phoenix as a weapon to target the Jewish synagogues, schools, yeshivas, and many of our Jewish community members. She has been well known for these actions for over 7 years.
She verbally expressed herself in a meeting conducted in our house against Jewish people, African Americans, and minorities in our neighborhood. She had formed a “listing” in the City of Phoenix which she falsely represents as an HOA and trying to force her design opinions which she has no power or jurisdiction to do. We have documented false statements on variance hearings, coaching of residents to create an un-equal variance hearing, we have depositions from neighbors and residents in our neighborhood who testify to her racist behavior and un-ethical practices.
We have reported her and the neighbors who are involved with her, Ronald Parillo (who had verbally assaulted my wife) to district 6 councilman Kevin Robertson and the Attorney general who started an investigation. She has created many hardships for our community. Ironically, she had built a wall of 72” inches without obtaining a building permit ZA-85-21-6 and later asked for forgiveness!