Attachment E - Opposition - PHO-2-24--Z-181-99-3.pdf

ATTACHMENT E

June 4, 2024 
 
Phoenix Development Department 
200 W Washington St., 2nd Floor. 
Phoenix, AZ  85003 
 
 
 
Re: 
Appeal Hearing for Phoenix Zoning Change Application PHO-2-24-Z-181-99-3 
 
And 
 
Continuance Request – PHO-2-24-Z-181-99-3 
9455 N 26th St, Phoenix AZ 85028 
 
Parcel 165-12-020F 
 
 
 
Dear Phoenix Housing Department and Hearing OEicer: 
 
Please excuse the late submission of this missive;  though we have been included in formal 
notifications in the past, we received no formal notice of this upcoming appeals hearing, but only 
heard of it through concerned neighbors who were notified by appellant’s attorney, Mr. Allison, 
yesterday.  We respectfully request you reconsider our letter of April 11, 2024 and this additional 
request. 
 
We have been homeowners in the Phoenix Hillside Estates since 2014 and residents of the greater 
“Sheaborhood” and N. 26th St. for thirteen years before. Shauna has previously represented the 
Phoenix Hillside Estates at the 2020 PHO hearing, at numerous neighborhood informational 
meetings about this parcel and was graciously allowed to speak at the April 17th hearing.  Our home 
and community have been and will decidedly be impacted by development of Parcel 165-12-020F.   
Our sole ingress and egress to city streets is via the intersection of 26th St and Carol Ave. This is 
directly across the proposed entrance to “Hammer Estates” on 26th St.  
 
We again respectfully request the below listed changes in the above referenced application be 
denied: 
 
Stipulation 6:  We request this continuing stipulation be retained.  
This stipulation has been included since 2000 for valid reasons that still exists – historic and future 
potential for noxious sewer odor. 
 
Stipulation 8: We do not object to appropriate changes (current homeowners and communities) 
but we request this 2017 stipulation be modified because the intersection of Carol and N. 26th St is 
the sole ingress and egress of three communities that are within the 300’ designation for 
notification of (Phoenix Hillside Estates Community (16 homes,) The Estates at Dreamy Draw (30 
homes) and the residents of the Mountain View Villas (located on the property owned the Apostolic 
Christian Church, 9230 N 26th St.)  
 
1) All homeowners in Phoenix Hillside Estates (PHE) and The Estates at Dreamy Draw 
(EDD) be notified.

2) The Homeowners / Property Owners Association of both PHE and EDD be notified. 
 
3) The Owner / Management Company of the residences of the Apostolic Christian Church 
/ Mountain View Villas and the residents be notified. 
 
If the appellant requests a continuance to have time to redesign the property development, 
we request you deny the continuance because any such fundamental redesign would warrant 
an entirely new application and submission to the Phoenix Housing ORice. 
 
Thank you for your time and attention to the thoughtful and responsible development of our 
neighborhood. 
 
Sincerely, 
 
Shauna V. and Thomas J. Connelly 
Phoenix Hillside Estates 
2321 E. Hatcher Rd 
Phoenix, AZ 85028 
 
Cc: 
Hon. Debra Stark, Vice Mayor and City Council Representative District 3 
 
200 W. Washington St., 11th Floor, Phoenix, AZ 85003

1
From:
Sheila Dorman <sheilamcginndorman@gmail.com>
Sent:
Monday, July 15, 2024 8:50 AM
To:
PDD Planning Commission
Subject:
Case Number  PHO-2-24--Z-181-99-3 for August 1 Hearing @ 6:00 pm
Attachments:
Dorman 2nd zoning protest- July2024.docx
CAUTION: This email originated outside of the City of Phoenix. 
Do not click links or open attachments unless you know the sender and were expecting this 
email. 
 Report Suspicious 
Date:    July 14, 2024 
To:         Phoenix Planning and Development Department 
From: Sheila and Keith Dorman, 2417 East Hatcher Road, Phoenix AZ 85028 
Re:        Application PHO-2-24--Z-181-99-3 for Approximately 350 feet south of the southeast 
corner of 26th Street and Vogel Avenue, Phoenix for modification/deletion of rezoning stipulations
We are homeowners in Phoenix Hillside Estates and are protesting the requests by H&H Developers, 
Inc/Tim Hammer to delete and/or modify current zoning stipulations that have been in place since 
October 2017 on the referenced property.  The sole entrance and exit to our home is on Carol Avenue, 
which is directly across 26th Street from this property and its proposed driveways, therefore we are 
directly impacted by this development. 
We are extremely disappointed to learn that the developer has again submitted this request for the same 
list of deletions and/or modifications to the +stipulations for the property that was prudently denied by 
the Planning Commission in April of this year. Despite the unified valid neighborhood concerns about the 
development plans, H&H Developers, Inc/Hammer Homes is again requesting the same self-serving and 
unacceptable changes. 
Kindly note that we are in no way opposed to homes being built on the property by the developer as long 
as the developer complies with the reasonable current required zoning stipulations and ensures that the 
development conforms to City of Phoenix sanitation and safety standards. On that basis we respectfully 
request that the Planning and Development Department deny the current changes being requested in the 
hearing on August 1, 2024. 
Our opposition to the request follows: 
1. The request to modify Stipulations 1, 2 and 3 regarding conformance to the site plan
Stipulations concerning elevations, maximum dwelling units and density and increasing
the building heights negatively impacts the aesthetics of the neighborhood. While we

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appreciate the developer has reduced the number of homes in the development from nine 
to seven dwellings in the most current request, the proposed increase in the height of the 
dwellings negatively impacts the existing single story homes that will have their views 
obstructed by two story homes. The 2017 Stipulation concerning heights was very 
thoughtful of the existing neighborhood properties and the uniformity of the single family 
one story homes allowing neighbors to share in the beautiful vistas that surround them. 
  
2. The request to delete Stipulation 6 concerning sewer odor mitigation is unacceptable and 
must be denied by the Department. The Stipulation requires the installation of “mitigation 
treatment to eliminate potential sewer odor”.  This must be enforced. The neighborhood 
should not be subjected to noxious sewer odors and unsanitary conditions. The 
developer’s current position to utterly escape any obligation for proper sewerage 
treatment is transparent and self-serving. The developer should be required to install a lift 
station to properly handle the treatment and transfer of the sewerage from the seven new 
homes to the City of Phoenix sewer system. Neighboring properties and developments 
such as Phoenix Hillside Estates and Westpac Construction have invested in the building 
and maintenance of proper lift stations and sewerage disposal facilities. H&H Developers, 
Inc/Tim Hammer should be required to do the same as seven new homes will produce a 
large quantity of sewerage. 
  
3. The developer’s request to modify Stipulation 8 to “remove owners who no longer have 
property listed in the stipulation” is not acceptable. All neighborhood properties, including 
homeowners at Phoenix Hillside Estates and the Estates at Dreamy Draw, should be 
included in the notices for changes in zoning for the proposed development as we are 
directly impacted as 26th Street neighboring properties. 
Thank you for your consideration. 
Sheila and Keith Dorman 
  
CC: 
Debra Stark, Vice Mayor and Council Member District 3, City of Phoenix, 200 West Washington Street, 
11th Floor, Phoenix AZ 85003 
Treasurer, Phoenix Hillside Estates Property Owners Association, 2321 East Hatcher Road, Phoenix AZ 
85028

1
From:
Shauna C! <conlyphx@comcast.net>
Sent:
Tuesday, September 3, 2024 4:33 PM
To:
PDD Planning Commission
Cc:
Blair Grafe(GMAIL) (wblairgrafe@gmail.com); Joshua Alquist; Adam Grant
Subject:
Case PHO-2-23--Z-181-99-3 (sometimes entered as PHO-2-23-Z-181-99-3) Item #3
CAUTION: This email originated outside of the City of Phoenix. 
Do not click links or open attachments unless you know the sender and were expecting this 
email. 
  Report Suspicious 
September 3, 2024  
Phoenix Development Department  
200 W Washington St., 2nd Floor.  
Phoenix, AZ  85003  
Re:   September 5, 2024 PDD Planning Committee Hearing 
         Item #3  

Appeal Hearing for Phoenix Zoning Change Application PHO-2-24-Z-181-99-3
(sometimes referred to as PHO-2-24—Z-181-99-3 in internet searches)

Continuance Request – PHO-2-24-Z-181-99-3

9455 N 26th St, Phoenix AZ 85028 - Parcel 165-12-020F
Dear Phoenix Housing Department and Hearing Officer:  
A request for a 30-day extension of continuance has been submitted to your department.  I am one of 
the neighbors referenced in Mr. William Allison’s request. I have no objection to this extension 
request.  
Should this extension not be granted to Mr. Allison, I continue to object to the proposed changes 
requested as per my previous letters and I respectfully request you reconsider my letter of April 11, 
2024 regarding this case:  
I again respectfully request the below listed changes in the above referenced application be denied:  
Stipulation 6:   I request this continuing stipulation be retained.  
This stipulation has been included since 2000 for valid reasons that still exists – historic and future 
potential for noxious sewer odor. Neighbor requests that this stipulation be retained have been 
continual since the very first discussions about changing any stipulations on this parcel.  
Stipulation 8:

2
I do not object to appropriate changes (current homeowners and communities) but we request this 
2017 stipulation be modified because the intersection of Carol and N. 26th St is the sole ingress and 
egress of three communities that are within the 300’ designation for notification of (Phoenix Hillside 
Estates Community (16 homes,) The Estates at Dreamy Draw (30 homes) and the residents of the 
Mountain View Villas (located on the property owned the Apostolic Christian Church, 9230 N 26th St.)  
 
The Estates at Dreamy Draw (EDD) be notified at the contact information available for the 
HOA POA on the Arizona Corporation Commission website. 
 
The Property Owners Phoenix Hillside Estates and be notified at the contact information 
available for the HOA POA on the Arizona Corporation Commission website. 
 
The Owner / Management Company of the residences of the Apostolic Christian Church / 
Mountain View Villas and the residents be notified. 
Thank you for your time and attention to the thoughtful and responsible development of our 
neighborhood.  
   
Sincerely,  
   
Shauna V. Connelly  
Phoenix Hillside Estates  
2321 E. Hatcher Rd  
Phoenix, AZ 85028  
Tel: 651-894-2287