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Mancusi Design, LLC  |  PO Box 305, Scottsdale, Arizona 85252-0305  |  info@mancusidesign.com

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Reality of Restrictions - An Opportunity for Innovation.

October 24, 2014

Nothing is as simple as it seems!

 

It has been a while since our post about our first new development; The Holiday, but for any entrepreneur, developer, or ambitious individual, patience and commitment is the most valuable asset.

 

In our last post we talked with brief elated joy about closing on our property where we plan to develop a four-unit apartment building. Since then we have gone through several design iterations, proformas, talks with legal consultants, friends, colleagues, etc. to move The Holiday forward.  However (as with most new ventures) surprises arise - like discovering 57 year old CC&R's (covenants) that have required us to either fight or find alternatives to initial design ideas.  

 

Since June we've been working hard (between regular projects) to produce solid design concepts for The Holiday. These designs have been geared toward minimizes land impact, creating large areas for landscape and improving the context of the Holiday Park neighborhood by opening the project to great views of Camelback Mountain, the Popago Buttes, and creating large beautiful spaces that are essential for modern living.  Below are some early examples of design ideas (over 12 concepts had been designed by this point).

 

 

Top: Concept 2 (2-Story Row House Style Apartments with bedrooms on second floor). Middle: Concept 11 (2-Story Row House Stlye Apartments with bedrooms below grade) Bottom: Concept 4 (One Level mixed 1 and 2 bedroom units).

 

As excited as we were about these early concepts, the 57 year old CC&R's from our neighborhood demand otherwise. Our first thought was to fight these outdated ideas of development.  In all honesty the CC&R's as they stand contradict everything the past 57 years has taught us about sound economic and sustainable development.  Unfortunately, with a defunct HOA, enforceable CC&Rs, and precedent for legal calamity we decided to seek legal advice and perspective to guide us forward on this endeavor.

 

After meeting with our lawyers we came to the conclusion that we had four options and only two were realistic and appropriate given our budget and the probability of success.  The two best options are A) Reach out to 41 different land owners, get there willingness to change/alter/abolish the CC&RS.  Then once changed move through the legal process, and design our project as intended - Or B) Rethink everything.

 

While many who read this may think of this as a terrible set-back, we look at it as an opportunity to rethink and redefine what is possible. We will keep you posted as we move forward.

 

Cheers,

MDLLC

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