City Manager Glenn Nichols is planning to enforce all city codes as the city moves forward with an investigation into prospective safety violations at local manufactured home parks. (Photo by Thelma Grimes)
Published: Tuesday, August 11, 2009 3:42 PM CDT
Thelma Grimes
SAN PEDRO VALLEY NEWS-Sun
Benson City Manager Glenn Nichols is taking a tougher stance on zoning code violations, with investigations now under way to address safety concerns at manufactured home parks throughout the community.
In fact, Nichols said he talked with Public Works Director Brad Hamilton about his concerns long before the July 27 meeting where the City Council voted to direct staff to check into the validity of complaints levied against the Stage Coach Trails Manufactured Home Park in west Benson.
The allegations were levied against the park by neighbor Glen Jenkins.
In a lengthy letter requesting that the issue be put on a council agenda, Jenkins claimed the trailer park, managed by former City Councilwoman Dianne Tipton, violates city codes by having oversized trailers in the lot spaces, noting his main concern is with the trailer right next door to his home.
Jenkins describes, in detail, altercations with Tipton that date back to December when he says he realized "I could lose some of my property if I didn't stop neighbors from driving over it."
The alleged over-sized trailer was parked next to his home in April, Jenkins said.
While the council has only discussed the matter in a closed-door meeting, Mayor Mark Fenn said the staff was given direction to proceed with the investigation because a resident has submitted a complaint.
"With the citizen's complaint, we had to repsond," Fenn said. "In doing that it brought other safety concerns to light. I'm all for enforcing the code, but at the same time, there is a question of code interpretation."
Nichols, said the city is not getting involved in an argument between neighbors, but instead is looking at the handful of manufactured home parks in the community to assure that all planning and zoning codes are being followed.
"We are not getting involved in a dispute," Nichols said. "Before this even happened I had gone to Brad Hamilton saying we have to enforce city code. My feeling is the code is in place, it has been approved and that's what everyone should work to enforce."
Nichols said he thought is was important for the City Council to discuss the matter in executive session, giving him and Hamilton an opportunity to update them on what has been happening.
Nichols began putting an action plan in place long before the council voted on July 27, noting that he has had concerns with issues he can see from driving through the parks, noting some of those obvious problems include setback violations, large trailers parked on small lots and some safety concerns with some of the gas and electric utilities.
In the case of Stage Coach Trails, Jenkins is raising concerns with not only the setback of the trailer next door, but also with its being a 50-foot building that is too big for the lot.
Hamilton said while it is still too early to make any decisions, they will be reviewing planning and zoning codes to assure safety in the manufactured home parks.
Hamilton said Stage Coach Trails, owned by Jay Kendrick, is zoned R-3.
With that zoning, the lot size has to be a minimum of 5,000 square feet. However, city officials said the problem with making sure trailers aren't too big for the lot is a problem right now.
Part of the investigation will be on whether or not is legal for park owners to place trailers on lots at an angle, making more room for more trailers.
When parked at an angle, there are cases where more than one trailer is parked on a particular lot.
Hamilton said there have been discussions of what setback is legal. The city has standards, and the fire department also has standards, he said.
All of the issues will be investigated and the question of setback and lot sizes is one of many to be answered by the city building department in coming weeks.
Hamilton agreed with Nichols that this is not about looking at a complaint filed against one park by a neighboring resident but is about enforcing the code consistently throughout the entire city.
Nichols called the current step part of the process where he is trying to clean up the town, noting that as part of another city code, staff has already begun citing building and property owners for trash and weeds that violate city code.
While enforcing a code to require a property owner to clean up a piece of property may be simple, enforcing the codes in manufactured homes that have seemingly been forgotten through the years may be a lot tougher.
This is not the first time the city has tried to force park owners to follow codes designed to protect park residents.
In 2007, city inspector Jeff Smith submitted a lengthy report to staff and council on the code violations and safety concerns for a park on Patagonia Street. The report not only described the violations at length, but it also had pages of photos showing the problems.
Former city managers Boyd Kraemer and Martin Roush also stressed the importance of enforcing city codes at the local manufactured home parks. However, once politics got in the way, or projects of higher priority came up, the report and promises to enforce code were forgotten.
When asked about the revived promise to enforce codes, Nichols said he understood how the former city managers may have moved on to other things, but he isn't wired that way and will see this through.
How the city will see it through remains a mystery for now. Hamilton said they are just getting started on the investigation, and it will take a lot of work to pull permits on the local parks, do on-site inspections, prepare reports and then proceed to notify property owners of violations as instructed by City Attorney Michael Massey.
Besides the possibility of other projects deflecting staff attention in the future, Nichols is also going to face strong opposition from park owners and park manager Tipton, who manages at least two parks in town.
Tipton, along with former City Councilwoman Kathy Suagee, voiced their opposition during the July 27 meeting. The two called the allegations levied against Stage Coach Trails by Jenkins a vendetta, and questioned the council on why they would discuss the matter in an executive session where neither they nor the public could hear what the issues are.
When Smith's 2007 report came out, park owners argued they were being treated unfairly. What will happen once the city moves forward with inspecting parks, citing violations and enforcing codes is still to be determined.