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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.
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Reader Comments
The following are comments from the readers. In no way do they represent the view of bensonnews-sun.com.
observer wrote on Sep 16, 2009 2:48 PM:
" So there is a charge led by whom to make a state of emergency to go after a local business owner that is being harrassed by city officials and the city attorney in colusion with 3 local residents that have a vendetta against a former councilwoman who manages two parks in town for her son.
This reeks with politics. Why the desperation? Why would the city of Benson City Officials want to change policy because of one specific person?
This needed to be changed years ago but no one has been enforceing anything for years. Now to act upon a vendetta you think it needs to be changed.
Statements by the new city attorney are outragious. You guys picked another winner.
I think we need some more recalls of council members. You guys are out of control and you are getting bad advice from the city attorney. We need to get rid of him too ASAP before we all go broke defending a legal position that is severly flawed.
Ever heard of expostfacto Massey? "
This reeks with politics. Why the desperation? Why would the city of Benson City Officials want to change policy because of one specific person?
This needed to be changed years ago but no one has been enforceing anything for years. Now to act upon a vendetta you think it needs to be changed.
Statements by the new city attorney are outragious. You guys picked another winner.
I think we need some more recalls of council members. You guys are out of control and you are getting bad advice from the city attorney. We need to get rid of him too ASAP before we all go broke defending a legal position that is severly flawed.
Ever heard of expostfacto Massey? "
Tread slowly wrote on Sep 18, 2009 1:02 PM:
" There has not been a change in use in the park. According to this article, the city can change the square footage required for a site to triple what it was when the park was built and the park would have to abide. I think this comes under all the eminent domain legislation that was passed awhile back. Can we spell lawsuit? "
WTF wrote on Sep 19, 2009 10:37 PM:
" The fact is there are no provisions for violation and penalty in the zoning regulations. The city has been operating for years without this. How can you enforce regulations without enforcement rules. This has nothing to do with Tipton and everything to do with whats required by state law. Quit talking about Tipton and the three old guys raising a stink and start talking about the real issues, the new adminisration wants to clean this town up. Look around who can blame them. "
answer wrote on Sep 21, 2009 12:39 AM:
" To WTF
I don't think anyone would disagree with cleaning up this town. That is not what this is about.
This is about harassment. There is NO Problem with any violations in this park. They are being manufactured and keep changing as to what they are actually claiming they are from moment to moment.
This law that actually needs to be passed should have been passed years ago. No one was interested in that until they saw a chance to go after Tipton no matter how flimsy the reason is.
Who do you suppose has benifited from the lack of any inforcement until now? Builders, developers, realtors? Use your imagination.
There have been several hundred notices that have gone out to residents over the last few months and no one including Nichols felt compelled to make sure there were penalties that could be enforced on anyone. That is not until he saw an opprotunity to go after Tipton.
You may not like Tipton, or agree with her about anything, but in good concience we should all find this harassing, unprofessional and frightening behavior distastefull and should object LOUDLY. "
I don't think anyone would disagree with cleaning up this town. That is not what this is about.
This is about harassment. There is NO Problem with any violations in this park. They are being manufactured and keep changing as to what they are actually claiming they are from moment to moment.
This law that actually needs to be passed should have been passed years ago. No one was interested in that until they saw a chance to go after Tipton no matter how flimsy the reason is.
Who do you suppose has benifited from the lack of any inforcement until now? Builders, developers, realtors? Use your imagination.
There have been several hundred notices that have gone out to residents over the last few months and no one including Nichols felt compelled to make sure there were penalties that could be enforced on anyone. That is not until he saw an opprotunity to go after Tipton.
You may not like Tipton, or agree with her about anything, but in good concience we should all find this harassing, unprofessional and frightening behavior distastefull and should object LOUDLY. "
Tina wrote on Sep 21, 2009 9:27 AM:
" WTF:
You are right the town looks like a garbage can and has for years. Laws need to be established and enforced across the board. The town need cleaning up. When a former Mayor tried, he was almost run out of town. The problem with this is: The city is going after selected persons on selected violations. The city is doing this on the say-so of three people who have a venditta. The city seems to be more then willing to jump on the band wagon because of the same reason. If the city wants to go through the motions (again) of cleaning up the town, let it be fair and equal. Even the News Sun who attempts to blame everything on Tipton thinks the city's action is stupid "
You are right the town looks like a garbage can and has for years. Laws need to be established and enforced across the board. The town need cleaning up. When a former Mayor tried, he was almost run out of town. The problem with this is: The city is going after selected persons on selected violations. The city is doing this on the say-so of three people who have a venditta. The city seems to be more then willing to jump on the band wagon because of the same reason. If the city wants to go through the motions (again) of cleaning up the town, let it be fair and equal. Even the News Sun who attempts to blame everything on Tipton thinks the city's action is stupid "
Mike Jackson wrote on Sep 21, 2009 10:41 AM:
" Says the article, "if the property owner ... changes something on their property, they have to comply with all current city codes." Says State law, wrong. ARS 9-462.02A says a city zoning ordinance may not affect a grandfathered purpose, nor prohibit "reasonable repairs or alterations in buildings or property used for" the grandfathered purpose. As to notice before amending codes, see 9-464. Good for Mark Fenn for acting sensibly, and compliments to the unnamed city official who pointed to the law, and the unnamed resident who objected to playing "emergency" games. "
yep wrote on Sep 22, 2009 2:15 PM:
" To Mike Jackson
Mark Fenn is doing things on the up and up because he is out to get Tipton and Tipton will hold his feet to the fire and he knows it.
However Fenn is misinformed about the grandfathered use/property as you so correctly point out.
Thanks "
Mark Fenn is doing things on the up and up because he is out to get Tipton and Tipton will hold his feet to the fire and he knows it.
However Fenn is misinformed about the grandfathered use/property as you so correctly point out.
Thanks "
citizen wrote on Sep 22, 2009 9:10 PM:
" To Mike Jackson - Does "reasonable repairs or alterations" equal replacement? If not, then the replacement mobile/manufactured home would need to conform to current standards, regardless of the grandfathered use. If my house doesn't meet the current building codes, it doesn't matter. But if I build an addition on my house, doesn't it make sense that I would have to follow CURRENT building codes? "
Anorther Citizen wrote on Sep 23, 2009 6:10 PM:
" To citizen.: Obviouslly you do not have any knowledge about Manufactured homes or granfatherering.
The Manufactured home itself does not require ANY inspections. It is completely inspected by HUD and Benson makes NO inspections on them and can not.
The set up in the park is existing and no one is changeing anything. The set back requirements have been met by the park and all was approved by the City of Benson not once but twice and the park owner was given the go ahead for set the home.
The city keeps changing their mind as to what the violations are and keeps trying to find new issues.
This is harassment not enforcement.
Give me your address and I will make sure the city comes out to check you out and see if there are any violatons to the current codes at your house. The codes the city keeps quoting are building codes that have 0 to do with manufactured home parks already in existense. Becareful what you support. It may come back to bite you in the Bum. "
The Manufactured home itself does not require ANY inspections. It is completely inspected by HUD and Benson makes NO inspections on them and can not.
The set up in the park is existing and no one is changeing anything. The set back requirements have been met by the park and all was approved by the City of Benson not once but twice and the park owner was given the go ahead for set the home.
The city keeps changing their mind as to what the violations are and keeps trying to find new issues.
This is harassment not enforcement.
Give me your address and I will make sure the city comes out to check you out and see if there are any violatons to the current codes at your house. The codes the city keeps quoting are building codes that have 0 to do with manufactured home parks already in existense. Becareful what you support. It may come back to bite you in the Bum. "
WTH wrote on Sep 16, 2009 11:35 AM: