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Code change may take longer
Thelma Grimes/San Pedro Valley News-Sun
Changing the Benson code to allow staff to enforce city regulations may take longer than expected, since City Clerk Vicki Vivian said the council won't vote on the matter until at least November.
During the Sept. 14 council meeting, Mayor Mark Fen said the council had to remove an agenda item after proper procedure had not been followed.
Public Works Director Brad Hamilton said after a staff review of the city of Benson's Zoning Regulations, they discovered there was no enforcement or penalty section.
"Currently, it can be enforced under Arizona Revised Statutes 9-462.05. However, this unfamiliar process would require more staff time, resources and does not provide for a penalty of violations."
Hamilton said after some research, the staff found that the best code for the issue is already in place under Chapter 9 of city statutes. Amending the zoning regulations to include that section would allow city staff to better enforce codes, Hamilton said. He also asked that the amendment be ruled as an emergency.
However, Vivian explained that agenda item had to be removed, and not even discussed by the council, because first a special process has to take place.
Following advice from City Attorney Michael Massee, Vivian said a citizen review session will be held, and then, if all goes well, the Planning and Zoning Commission will vote on the amendment on Oct. 27.
Planning and Zoning can only recommend approval; the council will have the final word. Vivian said if the process moves forward smoothly, the council could vote on the amendment on Nov. 9 when a public hearing will also be held.
The need for the amendment has come up after local manufactured home park owner Jay Kendrick has refused to follow city code with one of the lots in the Stage Coach Trails mobile home park.
Kendrick has not returned the News-Sun calls for comment.
On Aug. 26, Hamilton gave Kendrick a notice, stating the new trailer on the lot did not meet city code, citing three specific problems.
The notice said the trailer cannot be occupied by a tenant until Kendrick submits an updated site plan to the city, provides off-street parking for the structure as required by zoning regulation sections 2 and 145 and provides minimum fire separation distance to adjacent structures and property lines as required by International Building Code Section 602.
In the Aug. 26 notice to Kendrick, Hamilton said if he does not correct the violations, a complaint may be filed against him through the City of Benson Magistrate Court.
Kendrick ignored the order, and has since moved a tenant into the trailer, which city officials said has caused them to ask for the amendment to city code that would give them more enforcement authority.
Fire Chief Keith Spangler said he has also looked at Kendrick's property, and noted he has some concerns with a lack of fire lanes on the property.
Spangler explained that if a fire were to break out at the park, a lack of fire lanes could reduce the firefighters' ability to attack the flames from different angles.
Spangler said when he first came on to the department in 2001 there were plenty of fire lanes on the property, but because more trailers have been moved on to the property, some fire lanes have been eliminated.
However, Spangler said the fire department had no problems getting on to the property several weeks ago when city crews were called out to a gas line break.
The city was ordered by the council to inspect the trailer at Stage Coach Trails after a neighbor complained that the new trailer was too big for the lot, and infringed on his property.
City Manager Glenn Nichols said even before the neighbors complained, he had ordered the building and planning and zoning staff to start inspecting all manufactured home parks in the community, and make sure they are all following city code.
A timeline for the citywide investigation has not yet been set.
Changing the Benson code to allow staff to enforce city regulations may take longer than expected, since City Clerk Vicki Vivian said the council won't vote on the matter until at least November.
During the Sept. 14 council meeting, Mayor Mark Fen said the council had to remove an agenda item after proper procedure had not been followed.
Public Works Director Brad Hamilton said after a staff review of the city of Benson's Zoning Regulations, they discovered there was no enforcement or penalty section.
"Currently, it can be enforced under Arizona Revised Statutes 9-462.05. However, this unfamiliar process would require more staff time, resources and does not provide for a penalty of violations."
Hamilton said after some research, the staff found that the best code for the issue is already in place under Chapter 9 of city statutes. Amending the zoning regulations to include that section would allow city staff to better enforce codes, Hamilton said. He also asked that the amendment be ruled as an emergency.
However, Vivian explained that agenda item had to be removed, and not even discussed by the council, because first a special process has to take place.
Following advice from City Attorney Michael Massee, Vivian said a citizen review session will be held, and then, if all goes well, the Planning and Zoning Commission will vote on the amendment on Oct. 27.
Planning and Zoning can only recommend approval; the council will have the final word. Vivian said if the process moves forward smoothly, the council could vote on the amendment on Nov. 9 when a public hearing will also be held.
The need for the amendment has come up after local manufactured home park owner Jay Kendrick has refused to follow city code with one of the lots in the Stage Coach Trails mobile home park.
Kendrick has not returned the News-Sun calls for comment.
On Aug. 26, Hamilton gave Kendrick a notice, stating the new trailer on the lot did not meet city code, citing three specific problems.
The notice said the trailer cannot be occupied by a tenant until Kendrick submits an updated site plan to the city, provides off-street parking for the structure as required by zoning regulation sections 2 and 145 and provides minimum fire separation distance to adjacent structures and property lines as required by International Building Code Section 602.
In the Aug. 26 notice to Kendrick, Hamilton said if he does not correct the violations, a complaint may be filed against him through the City of Benson Magistrate Court.
Kendrick ignored the order, and has since moved a tenant into the trailer, which city officials said has caused them to ask for the amendment to city code that would give them more enforcement authority.
Fire Chief Keith Spangler said he has also looked at Kendrick's property, and noted he has some concerns with a lack of fire lanes on the property.
Spangler explained that if a fire were to break out at the park, a lack of fire lanes could reduce the firefighters' ability to attack the flames from different angles.
Spangler said when he first came on to the department in 2001 there were plenty of fire lanes on the property, but because more trailers have been moved on to the property, some fire lanes have been eliminated.
However, Spangler said the fire department had no problems getting on to the property several weeks ago when city crews were called out to a gas line break.
The city was ordered by the council to inspect the trailer at Stage Coach Trails after a neighbor complained that the new trailer was too big for the lot, and infringed on his property.
City Manager Glenn Nichols said even before the neighbors complained, he had ordered the building and planning and zoning staff to start inspecting all manufactured home parks in the community, and make sure they are all following city code.
A timeline for the citywide investigation has not yet been set.
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The following are comments from the readers. In no way do they represent the view of bensonnews-sun.com.
To Neighbor wrote on Sep 27, 2009 2:08 PM:
" This Man just doesn't quit. Why don't we look at his Property. His Mobile Home sits on an angle, which looks like its almost on the Propery line.Did anyone measure that? I don't see a fire line for his house. Don't Fire trucks have hoses anymore . I don't see a need to get inbetween these homes.I would think the Fire truck would be in danger if it were between homes. We all know . Manfactured Homes go up in a hurry. As far as parking goes That is a wide street and does not bother anyone. Neighbors don't do what you do to Neighbors. Get a Job and Keep Busy. "
Guess What wrote on Sep 29, 2009 6:30 PM:
" Chris you don't know what you are talking about. There is no fire hazzard here. The nearest structure to this home is over 20 feet away. As far as all the other sights in the park go, they were all already there when the park was purchased by its current owner. He has changed nothing. Quit reading this paper as if it gives you the facts. It doesn't.
The park originally had 50 sites and one space for the moment has been eliminated to accomodate a double wide so there is currently fewer spaces in the park as when purchased not more. "
The park originally had 50 sites and one space for the moment has been eliminated to accomodate a double wide so there is currently fewer spaces in the park as when purchased not more. "
Chris wrote on Sep 26, 2009 12:24 PM:
This issue should be a priority to the city officials. "