The Planning and Zoning Commission has forwarded a request for a special use permit (SUP) for a golf ball fence to the Town Council with no recommendation.

The commission discussed the application for most of two hours at its meeting on Dec. 12, ultimately failing to agree on a motion with a deadlocked 3-3 vote. Commission Vice Chairman Scott Schlossberg was absent.

Jim and Theresa Johnson purchased the home in question on Brittlebush Lane, unaware it was potentially ground zero for errant golf shots from a nearby tee of the 11th hole of SunRidge Canyon Golf Course. Johnson 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.

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.

An adjacent neighbor addressed the commission saying they oppose the SUP. 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.

Johnson 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.

Commission Chairman Peter Gray said this is a situation that seems fairly simple and becomes complex when the interests of all stakeholders are considered. He said he does object to allowing the fence to be any higher than the structure restrictions for the zoning district (25 feet).

Commissioner Susan Dempster made a motion for consideration. She proposed allowing the horizonal net no higher than 15 feet from the surface below it, with the neighbor’s consent. She did not include the vertical fence on the other side of the property. With the 3-3 vote the motion failed and the proposal will go to the council with no recommendation for its consideration at its regular session on Tuesday, Jan. 17.