Cave Creek defers Fleming Springs auto-repair enforcement to mediation, orders Glory Road encroachment removal by August
CAVE CREEK, ARIZONA — April 26, 2016

Cave Creek defers Fleming Springs auto-repair enforcement to mediation, orders Glory Road encroachment removal by August

Town Council addressed property violations and code enforcement failures, directing management to develop ordinance amendments and mediation for persistent right-of-way encroachment and illegal use cases by September 2015.

Cave Creek Council Confronts Years of Code Failures at Fleming Springs Property; Orders Mediation and Ordinance Overhaul

On April 26, 2016, the Cave Creek Town Council heard a community uprising over two interconnected property violations: a degraded residential parcel on North Fleming Springs Road where an illegal auto repair business once operated and now sits cluttered with junk vehicles and unauthorized burn barriers, and a nearby right-of-way blockade on Glory Road that has cut off public hiking and horse-riding access. Rather than levy immediate fines or forced removal, the Council voted to require mediation between the property owner and neighbors, and to have staff draft comprehensive ordinance amendments by September 2015 to close regulatory loopholes that enabled the violations to fester for years.

Timeline

Key Speeches

"I was in the right place at the right time last Saturday night at 6 p.m. and an 18 wheeler rolls up to this residence with a trailer carrying a John Deere earth mover with caterpillar tracks, and I was lucky enough to hear the conversation between Christian Schultz, who's the eldest brother, and that driver. And this is verbatim: I'm going to share that piece of that conversation with you that I heard. The driver says, 'What's going on here,' because obviously he can see all this. And he says, 'Oh, I have some neighbors who shut down my auto repair garage, so I got out and bought junk vehicles at surplus auctions and have them towed here and park them everywhere.' And a big laugh ensued. He said, 'I have nothing to do. I don't live here anymore.' And he said, 'What does the town do about that?' And he said, 'I live in Scottsdale. I have a truck or trailer. This wouldn't fly.' And there was still kind of a joking mentality. And he said, 'Oh, they can't do anything. I own these vehicles and I do whatever I want. The Town enforcement is a joke.'" — Stacy Etel, resident and neighbor

"We have ordinances stating parking of commercial vehicles is prohibited in DR-190. No storage of an RV or a mobile home outside of a garage and unless covered from view. No junk vehicles parked outside the garage for more than four days. These renegade brothers have one goal for that property: auto repair shop. They have no intentions of embodying by any town code or ordinance and could care less about the destruction of the property and maintaining the environment." — Stacy Etel

"The business is no longer there and hasn't been since late last year. Everything on the property, all those vehicles, all belong to us, and they're all registered and insured and run and drive. Hoods are open. You know, we have pack rat problems. Who doesn't? About some machine being dropped off there the other night, and Miss Etel saying she saw me there, I don't know what she's talking about. I haven't stepped on that property since July 3rd. I've been just too busy." — Christian Schultz, property owner

"I'd say maybe there are an excessive amount of cars there at the particular moment, but I mean they move around. Is there anything we can do to help minimize the problem instead of exacerbating it and making it worse and worse or trying to hide it with berms and more berms? I mean, I don't know. I just would like to be left alone. I don't need the neighbors running around taking pictures of my property every five minutes, screaming at my brothers, being rude, having me arrested by lying. I mean, these are things that have happened." — Christian Schultz

"Approximately 15 years ago, when we built our home on land adjacent to the right-of-way later named Glory Road, it was open for driving, hiking, biking, horseback riding from either 36th to 38th Street. When the Keger Trust home was built on the southeast corner of 36th and Glory Road, the owners blocked access with a private drive on the right-of-way. Since then, they have continued to add impediments to further block access. Repeated requests to remove the encroaching drive and impediments have been ignored over the past approximately four years." — Diana Grillo, resident and property owner at 3695 East Glory Road

"In October of 2014, a letter was sent to the Keger Trust advising them that they had encroached on the right-of-way and they needed to remove any improvements so that the roadway could be graded within the next 60 days. The town's failure to follow through on that letter has only emboldened the owners, and they have placed more impediments in the right-of-way in defiance of the town's request." — Diana Grillo

"All of it is dedicated town right-of-way. We do have right-of-way in that area. So David, why can't we get the property owner to move the obstructions? I will speak with Marshal Stein, and we will crack the whip. That's the enforcement. I'm not the enforcement." — Town Engineer David Prince, responding to Council member Lipsky

"Get with our town manager—two directors. One is set up a meeting. Invite Mr. Schultz and the neighbors, and see if you all can break bread a little bit and work this out. Simultaneously, have staff prepare an ordinance that will come to Council no later than the first meeting of September. I would hope that if we're going to have this meeting, that set the antagonism aside. Just take an afternoon and try to work this out. The Citizens need a solution, and so do we." — Vice Mayor Lamar, directing Town Manager to broker mediation

"I think it's important to bring to us an amendment to existing ordinances or a new ordinance that can cover this under some sort of a nuisance ordinance or something, collectively. Because I understand that it's like hitting the mole, you know, it keeps popping back up. Get with our great town manager and see, take a look at our ordinances, and bring something to us that we can address this, an amendment or a new ordinance or something. Don't just sit on this issue. This has gone on long enough." — Vice Mayor Lamar, on code revision

"I'm sitting here tonight as a direct result of a neighbor dispute over 12, 13 years ago, and I know how things escalate. There is room for compromise here. Christian, you got two dang many cars sitting there. There's room for work here. There's room for compromise. There's room for and Christian, I know that you're pretty reasonable. I've known you for three or four years. But that's not the case with your siblings. And that really exacerbates issues. If you could like muzzle him, that's all I've got to say." — Councilman Bunch, speaking from personal experience with escalating neighbor disputes

Opposition

Number of speakers: 5 speakers explicitly against Fleming Springs property use (Stacy Etel, Bob Hughes, Kathryn Royer, Claudia Schultz [wife of property owner, but opposing the burns], and unnamed resident Mark Sarett).

Main concerns:

  1. Illegal auto repair shop (2011–2014): Permitted by Zoning Director Cordwell despite clear zoning prohibition. Chapter 3, Table 3.11 of Town zoning ordinances restricts auto repair to General Commercial zoning only (with special use permit), not Desert Rural. Commercial activity confirmed by federal tax ID and transaction privilege tax filings beginning January 2014.

  2. Junk vehicle accumulation: Multiple vehicles—described as "death mobile," parts cars without windows or license plates, red truck parked from March 2012–October 2012 despite 5-day town code limit, dump truck—violating Town Code Chapter 72. Town Marshal confirmed inspections showed vehicles are registered and running, but residents documented that some are not operational and remain parked for months.

  3. Unauthorized burn barriers: Two large berms (privacy walls) constructed and expanded, creating visual blight and obstructing views. Residents alleged berms serve as retaliation screen and are being used to store vehicles on top. Second berm approval requested despite lack of compliance with original permit.

  4. Burn permit irregularities: Zoning Director Cordwell approved burn permits despite ongoing code violations on the property. Vegetation planted to meet permit deadline, then left un-irrigated (hand-watered by hose by family member, not automatic system as required). Fill dirt stockpiled for months before incorporation into base, violating permit terms.

  5. Ancillary commercial equipment: Food truck, water truck, military vehicle, school bus, commercial generators, earth movers, and mobile homes parked on residential property in violation of ordinances and landscape permit conditions requiring "total natural desert vegetation."

  6. Neighborhood harassment and retaliation: Following the 2014 closure of the auto repair shop, property owners allegedly erected "hit list" against neighbors, closed off Echo Canyon Drive with barricades, engaged in verbal assault, stalking, and intimidation. Residents filed multiple police reports.

  7. Town enforcement failures: Director of Zoning Cordwell granted permits despite violations, failed to conduct adequate code enforcement, and allegedly engaged in "favors for favors" (noting thanks to Schultz for vehicle storage in permit revocation letter). Town Manager and enforcement did not follow up on October 2014 letter requiring removal of junk vehicles within compliance window.

Most compelling arguments:

Organized groups: Informal coalition of neighbors (Stacy Etel, Bob Hughes, Diana Grillo) who coordinated documentation and public testimony.

Support

Number of speakers: 1 primary speaker in support (Christian Schultz, property owner); 1 tangentially supportive (Claudia Schultz, wife, who objected to the berms specifically but supported owner's vehicle collection).

Main arguments:

  1. Right to own vehicles: Christian Schultz framed the accumulation as a personal hobby ("some people collect rocks, some people collect dirt bikes, some people collect stamps, I collect cars") and asserted his right as owner to park registered, insured, running vehicles on his private property.

  2. Vehicles are registered and operational: Town Marshal and Town Engineer confirmed that when inspected, the vehicles on the property are registered, insured, and can be driven. Schultz noted that if vehicles run, they do not technically violate the town's junk vehicle ordinance, which requires a vehicle to be inoperable or in "immediate process of being repaired" to be classified as junk.

  3. Privacy needs: Schultz stated the berms were built "for privacy," a legitimate residential use. Councilman Bunch acknowledged that properly landscaped berms elsewhere in the community (e.g., between Cave Creek and Scottsdale Road) can be attractive and serve privacy purposes.

  4. Victimization by neighbors: Schultz described a history of false accusations, arrest based on a neighbor's fabricated claim (later dropped by District Attorney), and ongoing harassment and photography of his property. He characterized neighbors' actions as invasive and cited his own frustration as grounds for separation.

  5. Willingness to engage: When Vice Mayor Lamar offered to mediate, Schultz responded, "We could give it a shot. I'm not opposed to it," suggesting openness to dialogue.

Complicating factor: Claudia Schultz (wife of Christian) attended and spoke, objecting specifically to the berms and asking Council not to approve the second berm, yet she lives at the property. This suggested internal family disagreement about the property's appearance.

Project Details

Case number: Not stated in transcript.

Applicant / property owner: Christian Schultz, age unspecified; brothers also reside at or have used property; mother or female family member also mentioned; address listed as 41355 North Fleming Springs Road, Cave Creek, Arizona (also referenced as 36425 North Creek Road—possible clerical variation).

Location / address: 41355 North Fleming Springs Road, Cave Creek, Arizona.

Zoning: Desert Rural (DR-190), residential-use zone intended to protect scenic vistas and natural habitat and prevent urban-desert land-use conflicts.

Current use: Residential home with accumulation of private vehicles, construction equipment, and ancillary structures.

Burn barrier dimensions: First berm described as extending "almost 100 yards" from Echo Canyon Drive down Fleming Springs Road; second berm requested along north side along Echo Canyon Drive; residents described total burn construction and landscaping violations.

Changes from previous: Initial burn approved and constructed circa late 2014; second burn requested as of April 2016 meeting, with updated materials and extension of site.

Glory Road Right-of-Way Issue

Case number / identifier: Glory Road, 36th to 38th Street, Town of Cave Creek.

Applicant / complainant: Diana Grillo, 3695 East Glory Road; husband Eric Carlson.

Encroaching property owner: Keger Trust property owner at intersection of 36th and Glory Road (southeast corner).

Location / address: Glory Road between 36th Street and 38th Street, Cave Creek, Arizona.

Right-of-way status: Dedicated town right-of-way; unimproved road (dirt surface).

Historical use: Open for driving, hiking, biking, and horseback riding approximately 15 years prior to April 2016 (since circa 2001).

Encroachment description: Driveway installed by Keger Trust property owner encroaching 3–4 feet into town right-of-way; paved with concrete pavers. Additional barriers (trucks, flatbed, miscellaneous vehicles) parked at entrance, blocking access.

Town action: October 14, 2014, letter sent requiring removal of improvements and clearing of right-of-way within 60 days. Town Engineer stated discovery of large wash (10-foot-deep channel) at location, complicating future improvements; estimated cost to fully develop right-of-way at over $100,000. Town did not follow up on removal deadline.

Staff position: Town Engineer David Prince acknowledged that all property encroachments fall within dedicated town right-of-way and that while formal development ($100,000+) is deferred, a simple unimproved path (walking and horse trail) could be maintained with removal of private encroachments and without major infrastructure investment.

Vote Breakdown

Fleming Springs Property Violations (Item 4):

Glory Road Right-of-Way (Item 3):

Trail Construction Project (Item 1):

Seal Coat Pavement Program (Item 2):

Outcome & Next Steps

Fleming Springs Property:

Vice Mayor Lamar directed the Town Manager to:

  1. Schedule a mediation meeting between Christian Schultz and the affected neighbors to attempt resolution.
  2. Simultaneously, have Town Attorney and staff prepare comprehensive ordinance amendments to be presented to Council no later than the first meeting of September 2015.
  3. The ordinance is intended to close loopholes in the zoning and nuisance ordinances that currently allow accumulation of vehicles, storage of commercial equipment, and construction of berms in residential zones without triggering enforcement.

Lamar noted that even if ordinance revision reveals state or constitutional limitations on town authority, the revised ordinance will clarify the town's enforcement posture going forward. He also cautioned Christian Schultz that if mediation fails, the town will enforce the new ordinance "substantially" and directed that antagonism be set aside during mediation, suggesting the mediation is a final opportunity before stricter enforcement.

Glory Road:

Town Manager directed to work with Marshal Stein (enforcement) to effect removal of private encroachments (driveway, barriers, vehicles) from town right-of-way and restore public access. Update on enforcement progress requested for Council meeting on August 12 (year unclear from transcript; reference may be to August 12, 2015, or may be an error if meeting was in April 2016).

Controversies & Context

Systemic permitting failure: The Council and residents emphasized that Zoning Director Ian Cordwell issued a home-occupation permit in 2011 for an auto repair shop despite clear zoning code prohibition. Auto repair is restricted to General Commercial zoning and is not permitted in Desert Rural (DR-190) except by special use permit (which was never sought). The permit was improper on its face.

Ambiguity in junk vehicle code: The town's ordinance defining "junk vehicle" requires that a vehicle be inoperable or in "immediate process of being repaired." Schultz's vehicles, though aesthetically delapidated and allegedly serving no practical purpose, remain registered, insured, and operational when inspected by the Marshal, thus technically complying with the narrow definition. Residents argued this is a loophole: a running but permanently parked vehicle cannot be deemed "junk" even if it serves only to spite neighbors.

Missing or incomplete ordinances: Residents and Council noted that "berm" is not defined or prohibited anywhere in the zoning code. Burn permits can be issued for privacy purposes. Once a burn is approved, there is no mechanism to deny a second burn or to prevent the property owner from seeking indefinite extensions or expansions. This led to the creation of large, unattractive structures that serve the purpose of screening the accumulation of vehicles and equipment.

Retaliation and neighbor conflict: The property owners allegedly constructed the first burn and accumulated vehicles as retaliation for neighbors reporting the illegal auto repair shop to the town. Christian Schultz acknowledged past conflict (arrest based on a neighbor's false accusation of property damage) but disputed the retaliation narrative, claiming the vehicles are simply part of his hobby and that he is the victim of harassment by neighbors.

Enforcement inconsistency: Despite sending an October 2014 letter requiring removal of encroachments within 60 days, the town did not follow up, did not pursue legal action, and did not publicly enforce the deadline. Residents attributed this to favoritism or administrative negligence. Zoning Director Cordwell's written thank-you to Schultz for vehicle storage (in the permit revocation letter) further suggested to residents that town officials were treating Schultz preferentially.

Code preemption or limitations: Vice Mayor Lamar acknowledged that Arizona state law or the U.S. Constitution may limit the town's ability to prevent property owners from accumulating vehicles or constructing berms on private residential property. The ordinance amendment was therefore framed not only as a tool to close loopholes but also as a clarification of what the town can enforce under state and federal law—acknowledging that some resident frustrations may not have a legal remedy.

Glory Road historical use and access: Diana Grillo's testimony emphasized that Glory Road was historically open for public use (hiking, biking, horseback riding) and that the Keger Trust owner's blockade has deprived the community of a recreational asset. Town Engineer Prince confirmed the right-of-way is dedicated town property but noted that a large wash and terrain constraints make formal development costly. Grillo's complaint was that the town should at least remove private obstructions and allow unimproved pedestrian or equestrian use—not that the town must develop a graded road.

Duration

Other Notable Items

Seal Coat Pavement Program (Item 2): Councilman Clancy requested detailed information on which roads would be seal-coated, noting he had reviewed the town's pavement management book and observed roads in poor condition (colored red and yellow on the rating scale) while the project would address roads in better condition. Town Engineer David Prince explained that seal coat is a preventive measure to extend asphalt life by replacing bituminous materials that volatilize in the sun, and that worst roads (with potholes and edge damage) require mill-and-pave reconstruction, not seal coat. Clancy requested that a list of roads targeted for seal coat be posted online so residents can track the town's maintenance schedule. Prince agreed to post the pavement management program PDF and road lists to the website. Cost not to exceed $38,000; work scheduled mid-September to mid-October. Approved unanimously 7-0.

Trail Construction Project (Item 1): Council approved contractor selection for trail project connecting east-west and north-south routes into a town park. Vice Mayor Lamar and Thomas McGuire commended the contractor selection, noting that the chosen contractor was not the lowest bidder but was selected for superior expertise in desert environment and documented track record. Thomas McGuire specifically praised the supporting documentation and photographs as evidence of the contractor's qualifications. Approved unanimously 7-0.