Alleged makeshift Villaresi resort operation awakens Paradise Valley neighborhood

Residential properties in the Town of Paradise Valley are limited by Town Code as to what uses are acceptable. (file photo)

A residential home within the Villaresi neighborhood in the Town of Paradise Valley is allegedly being used for commercial events, is upsetting neighbors, the local homeowners association and residents there contend a lawsuit may soon come to fruition.

The home at 6347 E. Royal Palm Drive, within a 12-lot gated community, is being solicited as a commercial venue for weddings and other special events, according to Jordan Rose of Scottsdale-based Rose Law Group.

Ms. Rose, a Paradise Valley resident, represents the Villaresi Homeowners Association.

“About two weeks ago there was a big gathering,” Ms. Rose said of recent events in Villaresi.

“It turned out one of the neighbors went over there and said ‘this is an event planner group’ hosting all of these people at the house.”

Homeowner Scott Jackson did not immediately respond to requests for comment.

Paradise Valley Town Code mandates that a home in a single-family residential district may only be used for the purpose of a single-family dwelling. Additionally, Villaresi’s Covenants, Conditions and Restrictions state the property is strictly limited to single-family residential use, according to Ms. Rose.

The zoning ordinance within Town Code does allow for home-based occupation, Deputy Town Manager Dawn Marie Buckland says, noting stipulations for at-home work.

“Property that is zoned residential does need to be used primarily for residential use. That does not preclude residents from having home-based businesses as a secondary use of the property, so long as the home-based business doesn’t generate negative impacts to the neighbors, such as excessive noise or traffic,” she said.

The Rose Law Group hand-delivered an immediate cease and desist letter on June 8, records show.

“Given that we have direct knowledge that you are planning commercial events at the home, on behalf of the HOA we insist that you not move forward with any commercial wedding or other event activity,” the cease and desist letter states.

Ms. Rose says that if activity isn’t halted, an injunction will be filed against commercial events at the house. Social media posts show solicitation for a company called Resort at Paradise Valley by Realtor Chrissy May.

An Instagram post by Resort at Paradise Valley (submitted photo)

“We hosted an exclusive group of the most highly regarded industry professionals in event and wedding planning this afternoon @resortatparadisevalley,” a Facebook post by Ms. May states.

“Rave reviews across the board with booking requests already coming in!”

Instagram posts reiterating similar sentiments were posted by accounts donning handles for Resort at Paradise Valley and Ms. May.
Ms. May didn’t immediately respond to request for comment.

The Arizona Corporation Commission shows that Resort at Paradise Valley LLC is a foreign entity, and is considered “pending for activity.”

The ACC shows the entity has not officially been created.

“We’ll file an injunction action to stop commercial events at the house and I believe we will win,” Ms. Rose said.
Paradise Valley Councilman Paul Dembow says that Town Code identifies that more than five unrelated people living together is not to code.

“This said, the town does not violate the state statute that supports, in the words of my friend Gov. Doug Ducey, ‘the 21st Century economy,’” Mr. Dembow said.

“Being able to ‘AirBnB’ your house adds value to certain properties. This does not mean that if you live in an HOA, that your HOA can’t make rules against running this type of business in the HOA.”

While Mr. Dembow regularly is a champion for limited government, he says not all uses are legal for a residential property.

“Some uses should not be allowed on a residential property,” he says. “It depends on what was legal when you purchased your property and what is legal currently. Government should be limited. This said, if a homeowner comes up with a use that is completely incompatible with living in a residential neighborhood it should not be allowed.”

Mr. Dembow contends that residents who aren’t interrupting the enjoyment of another person’s property should be clear of government intervention.

“The saying ‘the right to swing your arm in any direction ends where my nose begins’ makes sense to me,” he said.

“If a commercial use does any of the following: produces the smell of a stockyard, makes so much noise that it wakes up your neighbors in the early morning hours, exposes innocent children to inappropriate viewing material or activities, results in garbage all over the neighborhood or other things that diminish the neighborhood appeal they should be outlawed.”

According to Ms. Buckland, conditions within the home occupation guidelines state:

  • All business must be conducted fully within the structure;
  • No goods may be sold and delivered to the customer on the premises except those prepared on the premises;
  • All parking must be on site;
  • Hours are limited to 7 a.m. – 10 p.m.

The Town Zoning Ordinance with a zoning map is online for homeowners to find out what uses are allowable on their property, Ms. Buckland says, adding that the town receives very few complaints related to commercial use on residential property.

“Of those we do receive, most are complaints by neighbors against the commercial use,” she said. “At times the complaints are not violations of the Code, but are acceptable home occupations. The resolution in such cases is to help educate the neighbors on the acceptable uses of the property.”

News Services Editor Melissa Fittro can be reached by e-mail at mfittro@newszap.com or follow her on Twitter at www.twitter.com/MelissaFittro

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