News
No action taken on proposed P&Z change
Thelma Grimes/San Pedro Valley News-Sun
The Benson City Council did not follow through with amending planning and zoning codes as planned Monday night, after Mayor Mark Fenn removed the item from the agenda.
Fenn said the agenda item had to be removed because the city was planning to approve an amendment that would add guidelines for prosecuting those violating city regulations. The council was also set to declare it an emergency, therefore making the amendment effective immediately.
Before the meeting, one city official said the city has to follow its own code, which requires they give the public plenty of notice of planning and zoning changes, and host a public hearing before a final council vote.
During scall to the public, one area resident said while the city needs to have guidelines for enforcing city code rather than relying on the state, there is no reason to declare an emergency, and the proper procedure should be followed.
The city wants to amend the code because local manufactured home park owner Jay Kendrick has ignored city notices about one of the lots on his property. Kendrick was ordered not to move occupants into a new trailer until city code violations were taken care of. That order was ignored.
In an Aug. 26 letter to Kendrick, Public Works Director Brad Hamilton said the city's inspectors have found three separate violations with the property, which include installing a manufactured home that does not match the site plans, does not provide off-street parking as required and does not have a minimum fire separation distance from adjacent structures and property lines.
"The city is requiring that these violations be corrected immediately after your receipt of this notice," Hamilton said. "If you fail to comply with the requirements, the City of Benson may elect to file a complaint against you with the City of Benson Magistrate Court."
Hamilton has said while the city has zoning codes in place, there are no codes that tell officials how to proceed when property owners refuse to follow the laws.
City Attorney Michael Massee said in Kendrick's case, once the new code is passed, he will not be protected under the grandfather clause, noting that every day the violations are not rectified is a new violation of the code.
A grandfather clause protects property owners from having to change their property every time a new code or regulation is approved. However, if the property owner changes the site plans, adds new buildings or changes something on their property, they have to comply with all current city codes.
In Kendrick's case, the grandfather clause no longer applies because he moved a new trailer onto to his property, located just off Land Street.
Kendrick's neighbors have complained that the city is not moving fast enough in requiring the property owner to follow city codes.
The Benson City Council did not follow through with amending planning and zoning codes as planned Monday night, after Mayor Mark Fenn removed the item from the agenda.
Fenn said the agenda item had to be removed because the city was planning to approve an amendment that would add guidelines for prosecuting those violating city regulations. The council was also set to declare it an emergency, therefore making the amendment effective immediately.
Before the meeting, one city official said the city has to follow its own code, which requires they give the public plenty of notice of planning and zoning changes, and host a public hearing before a final council vote.
During scall to the public, one area resident said while the city needs to have guidelines for enforcing city code rather than relying on the state, there is no reason to declare an emergency, and the proper procedure should be followed.
The city wants to amend the code because local manufactured home park owner Jay Kendrick has ignored city notices about one of the lots on his property. Kendrick was ordered not to move occupants into a new trailer until city code violations were taken care of. That order was ignored.
In an Aug. 26 letter to Kendrick, Public Works Director Brad Hamilton said the city's inspectors have found three separate violations with the property, which include installing a manufactured home that does not match the site plans, does not provide off-street parking as required and does not have a minimum fire separation distance from adjacent structures and property lines.
"The city is requiring that these violations be corrected immediately after your receipt of this notice," Hamilton said. "If you fail to comply with the requirements, the City of Benson may elect to file a complaint against you with the City of Benson Magistrate Court."
Hamilton has said while the city has zoning codes in place, there are no codes that tell officials how to proceed when property owners refuse to follow the laws.
City Attorney Michael Massee said in Kendrick's case, once the new code is passed, he will not be protected under the grandfather clause, noting that every day the violations are not rectified is a new violation of the code.
A grandfather clause protects property owners from having to change their property every time a new code or regulation is approved. However, if the property owner changes the site plans, adds new buildings or changes something on their property, they have to comply with all current city codes.
In Kendrick's case, the grandfather clause no longer applies because he moved a new trailer onto to his property, located just off Land Street.
Kendrick's neighbors have complained that the city is not moving fast enough in requiring the property owner to follow city codes.
Copyright © 2010 - San Pedro Valley News-Sun