ACA

Arcadia Community Association

The Sound Of Silence:
Deed Restrictions On Wright House Muffle Proposed Concert Venue; Ends Debate
About Commercialization In Arcadia



Restoration Welcome But Commercialization Not Possible Due To Legal Document
(PHOENIX) Deed restrictions on Arcadia’s David and Gladys Wright House have proved to
be the ultimate undoing for the controversial attempt to convert a beloved residential home of
note into a commercial venue.


The deed restrictions state that, “no building shall be erected except residences, garages, and
necessary outbuildings.” A grant deed, recorded in 1921 also stated, “No sanitarium, hotel,
apartment, rooming or boarding house, place of amusement or entertainment, or mercantile
or other commercial business, shall ever be conducted, erected or maintained thereto.”
“The deed restrictions are clear, the property can only be used as residential home” said
Scottsdale attorney Jordan Rose who is representing nearby homeowners. “The plans by the
developer to construct a concert venue, amphitheater, a 40,000 square foot underground meeting
center, café, are simply prohibited.”


The David and Gladys Wright House in Arcadia has an even more interesting history than most
people realize. In fact, it was originally commissioned by a Wright client to be built in New
Jersey. Only after that plan fell through did Wright to decide to build the home in Phoenix for
his son, David Wright.


According to the deed restrictions, “It being further understood and agreed that said ‘Arcadia’
has been platted and laid out as a choice and attractive tract, in said county, sand said covenants
and restrictions are to protect said parties above described, and to preserve said tract as platted
and laid out and all said covenants and restrictions run with the land…”
Now questions are being raised why the developer would roil a quiet neighborhood with
ambitious plans that can’t get even get done. “Why are they wasting everyone’s time?” asked
Phoenix City Councilman, Sal DiCiccio. “It is brash to continue to put the Arcadia
neighborhood through so much anguish in trying to protect their long-standing residential
community when the developer must know that the deed restrictions do not allow the
commercial uses he is proposing.”


Deed restrictions trump city zoning authority and have been important factors in numerous
other land use debates in the Valley according to DiCiccio. The city would be susceptible to a
significant lawsuit were it to ignore the restrictions. DiCiccio worries that that any application to
commercialize the David and Gladys Wright House would put taxpayer dollars at risk. DiCiccio
also notes the owner of the home did not do the basic due diligence anybody purchasing a home
would do.


“We should applaud the restoration of this property just as we did to those who saved Barry
Goldwater and Sandra Day O’Connor’s homes but neither of those homes were
commercialized and neither should this one. Today’s information ends this debate,” said
DiCiccio.