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Zoning code exists for a reason - enforce it

Published: Tuesday, August 18, 2009 7:12 PM CDT
City Manager Glenn Nichols has made eliminating zoning code violations one of his key goals, and it is hard to see why that would be a bad thing.

Long before the July 27 City Council meeting, where manufactured home parks were discussed in executive session, Nichols said he had talked with Brad Hamilton about his concerns with the parks.

The City Council involvement was a result of a complaint by Glen Jenkins who lives next door to Stage Coach Trails manufactured home park in west Benson. Jenkins wrote the city alleging that oversized trailers had been crammed on to small lots in violation of code. Jenkins is particularly concerned about the trailer right next to his home.

Once staff began investigating the oversized trailers, Mayor Mark Fenn said other safety concerns came to light.


This does not seem like a particularly complicated issue. The code was written to ensure the safety of park residents. It ought to be enforced. The code establishes the size of lot needed for different sized trailers. Either they are on the proper lot or they're not. If not, that poses a hazard and it should be fixed.

And the "other safety hazards" the mayor referred to ought to be fixed. This isn't a case of the city getting into an argument between two parties. Wrongdoing has been alleged, and it needs to be investigated.

Former Councilwoman Dianne Tipton manages the Stage Coach Trails park. We can't help but be slightly amused by her and former Councilwoman Kathy Suagee's referring to Jenkins' letter as a "vendetta." They objected to Council's July 27 executive session discussion although these are the same two people who wanted to discuss the mayor's alleged wrongdoing in executive session last year. Apparently discussions out of the public eye are OK if they serve your purpose.

We hope Nichols and city staff stay on point with this investigation. If there are inconsistencies in the code (for instance between what the city needs and what the fire department needs), they should be discussed and unified.

The city has already quite rightly taken aim at property owners who fail to cut weeds and maintain their property. It is an aesthetic issue, but more importantly, it is a safety issue.

Possible violations in manufactured housing parks are even more threat to the public safety. We're sure that park operators will band together to try to stymie the city. We hope they don't succeed.



 
 

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The following are comments from the readers. In no way do they represent the view of bensonnews-sun.com.

WTH wrote on Aug 19, 2009 12:02 PM:

" Even though the Mayor’s business dealing were brought by citizens, it appears that one of the council members who ask for a city investigations, is now the subject of alleged P&Z violations. Of the hundreds of P&Z violations that are ignored in Benson why is one being continually brought about by people with a known vendetta, being held behind closed doors? The City Manager who also collect a salary as Chief of Police , says ALL violations will be corrected. Yet all attention is centered on one violation and that meeting is held in secret. IT STINKS.

Take a look at some members of the Planning and Zoning (P&Z) Commission. There is a former Mayor who built a house outside the city limits. The road to the home was then paved at taxpayer expense and city utilities hooked up. The property was then annexed into the city. Being annexed allowed him to move into the house continue as Mayor plus also get city police and protection.

There is also a real estate agent (P&Z conflict of interest) who was appointed to the commission after she appeared at a city council meeting requesting the present Mayor reconsider his pending resignation. He said he was resigning after business ethics and conflict of interest allegations had been made against him by citizens. Charges that were later confirmed by the state. He changed his mind and did not resigned. It appears maybe he was just stacking the deck for payback and future business dealings. Minutes of the same meeting show two other people who spoke publicly in his support at that council meeting, have also been appointed to city commissions.

If the city says (again) it will deal with all violations. Do it on a equal basis. This newspaper can lay claim to more city unrest then any manufactured home park in Benson. "

A CHALLENGE to Jane Amari wrote on Aug 19, 2009 12:37 PM:

" Some years ago Jane you wrote an article for the Starr about News paper and Journalisim Ethics. I CHALLENGE YOU to print it for your News Sun readers.

Ethics and good journalisim appear to be only for others not for you or the News Sun. What happened Jane?

Concerning this Opinion artcle, since you think making everyone bring everything up to current codes is such a good idea, let's start with the New Sun building. I'll bet we can find current code violations there. Then lets move on to Mayor Fenns house and his buildings on 4th street,Then to Toney Kings house, John Lodzinski's house (who is currently remodeling), Lori McGoffins house that's an old one I am sure we will find violations there. How about Al Sacco's house, David Lamberts house, JoDeen Bonquet's house lets check them all. Lets include Carl Haupt, Nile Hansen and Glen Jenkins whose house is closer to the street than the home in question.

Of course we can not check your house Jane or that of Nichols or Thelma because none of you live in Benson and won't be affected by all of this. That's good for you right?

I hope that your readers realize that this whole idea of making everyone bring their homes up to currents codes is rediculos and illegal. Write a story on Granfather clauses Jane. Do something constructive and let the residents know how much this kind of behavior by the council and the City Manager will hurt each of them personally. Tell them how to protect themselves, In order to attack this park and take a try at it the city will have to do this to everyone.

There are many homes manufactured and stick built homes that met the codes at the time they were built. They are grandfathered. This applies to this park too.

This park has moved in over thirty homes with the blessings and approvals of the City of Benson and the State of AZ over the last 5 years without a single complaint and meeting all the criteria required by the City of Benson. This was done on this home too.

Your advice to Nichols and the City leaders to continue to persue this matter will result in costly law suits from all that will be affected. It is poor advice and will hurt many of YOUR readers. But what do you care? Let's get Dianne Tipton at any cost.

There is also a discrimination issue here regarding Manufactured home Parks. The City can not single them out. This is why every home owner should be afraid of this new intended policy. Other cities have tried this and failed. Not only should the parks join together but home owners should join too to protect their own property rights, and this invasion of their privacy.

A good city attorney would advise against this action and protect the tax payers.

I would also like to remind you that Kathy Suagee and Dianne Tipton are private citizens now.

Again I CHALLENGE YOU JANE print your own ethics article that you wrote or are you afraid. We will know by your response. "

Reader and meeting gower wrote on Aug 19, 2009 1:59 PM:

" An executive session about the Mayors antics was appropriate,

Trying to make it look like there are complaints or safety violations against one particular park when there are none is different especially when you admit after the meeting that the meeting wasn't really about that particular park but all parks.

An executive session concerning this issue of a set back is totaly in appropriate.

The purpose of Nichols and the council was to smear this particular park to bring harm. Print the agenda and release that information to the press to do their dirty work.

That's disgusting. This was all designed to bring harm to the reputaion of the park, Dianne Tipton and her son as part of a well orchastrated vandetta that includes this News Paper. "

Question wrote on Aug 20, 2009 6:08 PM:

" Manufactured homes are not much different than site-built homes. And, the manufactured homes in the area were constructed much more recently than the older homes that comprise much of the main section of Benson. Is the City going to cite downtown homeowners for code violations due to owning older homes that were built before the codes were written? "

Bring the town down wrote on Aug 20, 2009 8:27 PM:

" Jane?
Why do you choose not tell the whole story?

You either have an agenda or your work output is merely shoddy journalism. I know that this is an editorial and your opinion, however, given this is the only paper in town and most people get their info here, then the journalistic burden falls upon you to tell the entire story. If not, you mislead by omission.

You don't even follow up on the counters being offered.

Your comparison.... "They objected to Council's July 27 executive session discussion although these are the same two people who wanted to discuss the mayor's alleged wrongdoing in executive session last year. Apparently discussions out of the public eye are OK if they serve your purpose."...is misleading because there is a process that should have been followed re the "alleged" zoning violations.

Remember the original complaints made by the "Citizen Zoning Wags With a Vendetta Group" were specific to this park. Those should have been dealt with thru the city's zoning dept. and then to "look" fair the city should decide to enforce the code equally.

But no, that's not what happened. I believe they found out in the executive session that they screwed up. And as Tricky Dicky and others have found out it is the cover up that brings you down. "

Answer wrote on Aug 21, 2009 9:26 PM:

" To Question,
Yes they do intend to do just that. Every home owner in this city whose home is older than 10 years needs to be concerned about this.

If they get away with what they are trying with this park, that wll be the green light for Nichols to attack anyone and everyone.

Think about what that means. It could cost hudreds or even thousands of home owners many thousands of dollars to bring their homes up to current codes.

Most of these homes pose no threat to the community or their neighbors.

In my opinion, this is just a well orchastrated plan between Nichols, and others (use your immagination about who) to make many loose their homes and then buy up the property for pennies on the dollar for their own personal gain.

The only loosers in this game are the home owners.

Who would profit from this? Builders, Developers and Realtors that's who. The same ones who have been scamming this city since day one.
They shamelessly use our oh so willing city officials to do their dirty work for them. Wake up and smell the roses property owners or you will soon wake up broke and homeless.

What can you do? FIGHT BACK, form groups and attend council meetings and write letters to your council members.

Insist that they stop this injustice and remind them that they work for you.

If Nichols had gone after the druggies in this community like he is going after this park we would have a safer happier community.

As it is this park owner has done more for drug enforcement than Nichols ever did. "

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