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5 Adam Cannon (PND) From: Leticia Garza <viggarza@gmail.com> Sent: Tuesday, June 7, 2022 7:49 PM To: Adam Cannon (PND) Subject: Special use permit case number Z2022086 Part 1 Attachments: IMG-1155.jpg; IMG-0886.jpg; 16555 W LOWER BUCKEY RD X.pdf Hi Mr. Cannon I'm sending this email expressing my concerns so you can submit them at the board meeting to support the opposition of the Special Use Permit for Cottage industry. I have lived here for 19 almost 20 years and have owned these parcels since 2003. I have lived very peacefully with my family in this residential community up until the property at 16555 W Lower Buckeye was purchased and converted into a business. I have raised four daughters all of which attended and graduated from Desert Edge High School, we shop at the local stores, we have been active members of this community since the day we moved in. As I mentioned, this area is and always has been RESIDENTIAL not commercial. Danielle Malanche purchased the property with the intention of running their business out of this residential home. They purchased the home in 2018 as a primary residence however it has never been owner occupied and they have been running their business since the day the property was acquired. Their business is currently registered with their primary home address 16366 W Hilton Ave‐ a few blocks away from where the business is actually being ran. However due to the association rules governing the Vanderbilt community at 16366 W Hilton Ave, they were not allowed to run their business from that address. They purchased right outside of the community in an area they knew was not governed by an HOA with the intention of continuing their business. They have had several violations with the county of Maricopa for running a business without a permit at 16555 W Lower Buckeye‐ please see attached the number of violations that they have received. My privacy has been disturbed and I, as a resident of Goodyear, can no longer live peacefully in my residence because of the business you can see from my yard. Due to the layout of the area, my home has a direct view and connects directly to the shop/garages that constantly have people, cars, towing trucks, etc coming in and out of. Since it is an auto repair business, we can see the constant shuffling of tow trucks, broken cars, car parts etc from every single western facing window and door in my home‐ not to mention the excessive noise and debris from the tools used to repair the cars. The constant noise from the air compressor, tow trucks, and lifts is enough to drive someone crazy‐ we cannot spend any time outside or enjoy our property outdoors because of the incessant sounds. This causes so much stress because we have absolutely no privacy and has caused unnecessary tension in what used to be a very peaceful neighborhood. Due to the dust from all the traffic coming in and out, it has caused my severely asthmatic daughter to have asthma attacks that require medical attention. We have medical records that show that the doctor recommended she leave the home due to the dust and smoke from the cars and car exhausts. My 23 year old daughter has grown up here and can no longer live in her home because of the issues this auto shop has caused. In addition to all of this, anyone that is at the business has direct views into our backyard. Unfortunately we are the only neighbors that are directly in the line of sight of the commotion that goes on on a daily basis. The rest of the neighbors are North and South of their property and most of their view is blocked by the actual home on the lot, they do not have direct view to the auto garages and sheds where the work happens. Charles Hart in the Maricopa County office has confirmed that despite the multiple violations and evidence, the Malanche's have not stopped or obeyed the county laws. They continue to run the business to this present day regardless of disturbing the neighborhood peace. We also have concerns about the oil spills happening on the property due to the fact that this area is supplied with water by an underground well. We are concerned because they do oil changes everywhere around the garages and this oil can have severe effects on the quality of the water we are using everyday. Please consider all of these severe concerns when reviewing this application. This has been my home for 20 years, my wife and I are now retired and want to live peacefully in our property for the rest of the time we are here. We have the 6 rights as a citizen and homeowner to do so. By approving this business, you will be ruining the future of my family and I. We completely oppose the Special Use permit for this property. I will be attaching photos and documents, but due to the size will be splitting the email into 2 parts. 1 Adam Cannon (PND) From: Leticia Garza <viggarza@gmail.com> Sent: Sunday, August 21, 2022 6:46 PM To: Adam Cannon (PND) Subject: Fwd: Attachments: IMG-1980.JPG; I'm signing.pdf; WITNESS.pdf I’m sending this letter to be added to my previous opposition letter stating my concerns about the issuing of a special use permit for the property 16555 W Lower Buckeye. Besides my concerns about losing my privacy because my property is adjacent to the property mentioned above, the traffic and the noise that this will bring to the neighborhood, now my concerns have escalated to my personal safety. Mr. Marco Malanche saw me working on my backyard and trespassed onto my property, climbed my fence to curse me out and threatened me with serious consequences if I continue opposing the permit of his business, while he was taking pictures of me in my own property‐ see attached photo. Please note this fence is 12 inches into my property. I had to call the police and file a police report ( see attached document). Not feeling that using offensive words and threats were enough, he and his wife filed an injunction against harassment against me at the Goodyear Municipal court. They lied to the judge saying that I was making false code violation complaints and taking pictures of their personal vehicles when they, I and the county know that my complaints are true and valid. Mr. Malanche was working on clients vehicles and using his property as a business and the pictures that I took were of tow trucks and vehicles being worked on. Applying for a special used permit assured me and everyone else that Mr. Malanche’s intentions were using the property as a business since they bought it. I also have spoken to neighbors and they agreed with me that we want to maintain this neighborhood as a residential area. The neighbors have seen the traffic of cars going in and out of this property and are also concerned that if the permit is approved it will bring more traffic and noise to the area. Multiple neighbors have opposed to the business permit and have signed the attached letters. Most neighbors were told the mechanic shop would be a mobile service, but this is not the case and the business will be ran from the property. The proposal states the mechanic shop will be open 8am to 5pm Monday to Friday; however these hours are not respected. Vehicles are moved on the property at all times of the day in the early morning hours (4am‐5am) and especially on the weekends. As of this present time, they have not followed any of the Maricopa county rules and regulations. We are requesting that our rights as residents of Goodyear be respected and our concerns be taken into account. In case the board doesn’t take into consideration our concerns and agree to approve this special use permit to Mr. Malanche, as I will be the most affected by this decision because his shop will be right in my view and to prevent that he climbs my fence and insults me whenever he feels like it, I’m requesting the following: 1‐ In the permit Mr. Malanche has mentioned he has a fence put up already, I would like to make it known that this fence was put up by me, 12 inches into my property and was NOT installed by Mr. Malanche. We are demanding he installs his own fence 8 ft tall and a wall of trees to cover the view. Mr. Malanche needs to install his own fence. 2‐ because he has proven that he doesn’t follow the rules, we are requesting that his permit be reviewed and updated every TWO years to make sure that he follows the county proposal requirements. From: Guillermo Garza To: Adam Cannon (PND) Cc: David Anderson (OET); Rachel Applegate (PND) Subject: Response to Second Submittal - Special Use Permit case number Z2022086 Date: Sunday, November 13, 2022 5:34:50 PM Attachments: I"m signing.pdf In response to the notification of the second submittal received from Marco and Danielle Malenche Special Use Permit case number Z2022086, we are opposed to many of the side notes/keynotes in the submitted plans. For example, in Grading & Drainage Keynote number 4, it indicates a "6' Block wall approved under permit B202013536". The block wall that is currently installed is installed about 10"-12" within my property boundary and belongs to me. While we are completely opposed to this permit request, in case of approval- they must install their own wall to be 8' in height with a wall of trees to cover. The applicant violates Maricopa County requirements when straying from what is being applied for to what actually gets built/done on the property (and has been occurring for the past three years). Knowing that business hours for Maricopa County are Monday-Friday 8-5 pm, they take advantage of this and do whatever they want on the weekends. Because of these violations, we are requesting their permit be reviewed and updated every TWO years to make sure that he follows the county proposal requirements. We are opposed to the excess traffic in the neighborhood that occurs because of this business and as previously mentioned, the following neighbors share the same concern and have signed petitions against the permit: 2911 S. 164th Ave; 2817 S. 164th Drive; 16437 W. Lower Buckeye Rd. Thank you for your consideration, Guillermo Garza Planning and Development Department DATE: December 6, 2022 TO: Planning and Zoning Commission FROM: Adam Cannon, AICP, Senior Planner SUBJECT: Z2022086 – Marco’s Auto Repair, LLC Agenda Item: #11 Since the publishing of the staff report for the above case, staff received an additional support letter. There are sixteen (16) individuals in support and four (4) individuals opposed. The new support letter speaks to the character of the applicant. Additionally, the applicant submitted a document with correspondence between an aggrieved neighbor and the applicant focused on civil matters. The document includes a police report, text messages, an injunction document and photos among other items. Staff noted in the report to the Commission that the dispute regarding the wall is a civil matter between an aggrieved neighbor and the applicant. Staff will not comment on either claim between the neighbors or the other civil matters presented. Attachments: Support Letter (1 page) Additional Applicant Correspondence (17 pages) To: Adam Cannon Zoning case: Z2022086 Re: Marco’s Auto I have known Mr. Marco Malanche for over 25 years. He has always been the best diagnostician and auto mechanic I have ever encountered. His high and upstanding character, honesty, reliability and trustworthiness is the primary reason Mr. Malanche will always provide all of our vehicles with his outstanding service. Mr. Malanche has on several occasions met with me or a friend or family member when stranded to repair the problem to get us back on the road again. He is a value to our community and always carries out his business with great respect for others, especially his neighbors. He makes sure he is never too loud with mechanical repairs/projects during hours of operation and maintains his property clean and well maintained. I would welcome Mr. Marco Malanche and Marco’s Auto into the community for many successful years to come. He is a true asset to those who entrust their vehicles in his hands. Respectfully submitted, Pablo Ruiz 623.882.9787 Attention: Maricopa County Planning and Zoning Commission Re: Hearing December 8, 2022 Attached is documentation of a personal vendetta of Guillermo Garza against Marco Malanche. Marco and Danielle Malanche run an auto repair business, Marco’s Auto Repair, LLC and have been running the business since 2018/2019 from the detached garage located at 16555 West Lower Buckeye Road, Goodyear, 85338. During the 2018/2019 timeframe, Guillermo Garza and Marco Malanche were very friendly with each other and communicate frequently. Guillermo asked Marco on occasion for tools and help with battery charges. In 2020, Guillermo and Leticia Garza asked Marco and Danielle to pay for half of a boundary block wall they were going to build on part of their property (see text message communication attached). Both Marco and Danielle communicated to both Guillermo and Leticia that we wanted the entire perimeter made with the block fencing and we would pay for half. Guillermo and Leticia did not want to complete the entire property line with block fencing, so Marco and Danielle did not pay half for the boundary wall built in 2020. In 2021, Marco and Danielle started the process to build a boundary/perimeter wall and shortly after our permit application was approved in March 2021, Guillermo Garza began his fraudulent complaints against Marco and Danielle Malanche (see attached complaints). Upon our 1st violation inspection, April 9, 2021, by Jeff Brewing, we were notified that we could not run our auto repair business from the detached garage and could continue our business mobile and provide services at customer’s private homes/businesses, abiding by the home business guidelines of Maricopa County until we could complete our SUP process. However, Guillermo’s harassment continued with fraudulent complaints throughout 2021 and the later part of 2022 (see attached). Marco and Danielle felt uncomfortable with the increased severity of Guillermo’s stalking and violating our privacy and inquired and obtained an Injunction Against Harassment with the City of Goodyear Municipal Court July 29, 2022. Guillermo was hand served his harassment injunction August 11, 2022 and he did not contest the injunction (see attached). Subsequently, Guillermo went to other neighbors outside the 300 foot notification boundary and told them our SUP was for a “Body Shop” and for “Painting Vehicles”, according to the neighbor (Jesse Valles) who signed his fraudulent opposition petition under false statements on August 20, 2022 (voice recording conversation on November 22, 2022). Thank you for considering.