The Town Council listened to arguments both for and against before deciding to take no action on a special use permit request for a golf ball fence for a home on Brittlebush Drive.

At its Jan. 17 meeting the council urged the applicant to reach out further with the HOA for SunRidge Canyon, as well as the SunRidge Canyon Golf Course to see if they could reach a solution to the problem without the construction of a fence.

Jim and Theresa Johnson purchased the home in question unaware it was potentially ground zero for errant golf shots from a nearby tee of the 11th hole of SunRidge Canyon Golf Course. Jim said they were given very limited access to the property prior to the purchase, only to discover notable damage to stucco walls and roof tile once it became their property.

They currently lease the home to a tenant, but say they fully intend to move into the house themselves.

The Town of Fountain Hills Zoning Ordinance allows for protective golf ball fences as a SUP use. The maximum height is set at 25 feet. The Johnsons are asking for 33 feet along with a separate horizontal net to cover the pool area at the home. The horizontal net would attach to the house but would need poles opposite the pool to attach the netting.

There is no easement between property lines in this neighborhood, meaning they would need the neighbor’s permission to set poles for the netting. Development Services Director John Wesley explained that the commission could grant no higher than the allowed 25 feet for the vertical fence. To seek 33 feet, they would need to present their case to the Board of Adjustment for a variance.

Since the Planning and Zoning hearing, where no recommendation was made, Jim has revised his plan to provide overhead netting attached to the house as an alternative to the 33-foot fence on the corner of his property.

The Johnsons hired Ken Tannar of Probable Golf Instruction to analyze the situation at their SunRidge Canyon home. Based on an analysis using various studies, Tannar has concluded that the property would be threatened by an estimated 250 golf balls over a single year. The 33-foot L-shaped fence facing the tee box is Tannar’s recommendation to protect the property, along with the horizontal overhead protection for the pool.

Adjacent neighbors opposed the SUP before the commission as well as taking their objections to the council. They suggested there are other options to minimize the risk, including landscaping. They also suggested that if the Johnsons had done appropriate due diligence, they would have recognized the potential risk and made their decision to purchase based on that.

Jim said he just wants to make the property safe and does not want to inconvenience anyone. He said he has had discussions with the club owner to consider landscaping (with an offer to pay for any modifications) as well as asking for club restrictions from the tees or adjustments to the tee box alignments. He said no progress was made in those discussions.

The Johnsons suggested they had been duped by the previous owner and real estate agent as to the scope of the golf ball issue and are hinting at a lawsuit involving those parties.

Councilman Gerry Friedel asked the Johnsons if they could not reach out again to the golf course and the HOA to see if they can reach an agreement that does not involve a fence.

There was no motion or action taken by the council on the issue.