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Trailer park gets approval from city
Thelma Grimes/San Pedro Valley News-Sun
What happened at a local trailer park depends on whom you ask.
On one side there is Dianne Tipton, manager of the Stage Coach Trails Manufactured Home Park, who contends she changed nothing. On the other side, the City of Benson says the park corrected alleged zoning violations.
No matter who is right, the park has received a nod of approval from the city, and lot 41, which has become a center of controversy at the park west of City Hall on 5th Street, received proper permitting last week.
This decision comes months after haggling between the two sides, and a City Council-approved zoning change to give staff more leverage in going after code violators.
Last Tuesday, Tipton produced a copy of an inspection log signed by Mac McMillan, of Brown and Associates, stating that lot 41 is "set per site plan, and meets existing zoning requirements."
The city contracts with Brown and Associates to provide assistance in the building department.
Tipton said she was pleased to resolve the issue that dates back to July when a neighboring property owner complained to the building department that the trailer parked on lot 41, located on. S. Land Avenue, was too big, and violates setback and zoning codes.
Tipton said she changed nothing on the lot and still got the permit approved, despite several letters from the city dating back to August that said the park was in violation of city code.
"We didn't have to make any changes," Tipton said. "In this instance we were right from day one, and (the city) was just wrong."
But city officials do not concur.
City Manager Glenn Nichols and McMillan said the city made no such concessions, and the park followed requirements laid out in an Oct. 16 letter to get the permit approved.
In the Oct. 16 letter to park owner Jay Kendrick from Nichols, the city stated that to receive proper permitting, the park had to correct three separate code violations.
The first was to install a firewall on the east side of the home, making the trailer fit inside the five-foot setback requirements.
The second ordered the park to construct a wall between space 41 and the property to the east, along the property line.
The third ordered Kendrick to develop a one-and-a-half off-street parking space that does not rely on the curb in front of Glen Jenkins' home, the neighbor who filed the original complaint.
Jenkins, who is currently in Utah, said he's not sure of what changes have been made but has been informed some work has been done with the curb. The Benson resident said he doesn't feel the permit should have ever been approved, because "that trailer is just too big for that lot."
A revised site plan was also submitted to the city by Kendrick, showing changes. The original site plan submitted to the city building department on March 14 shows the trailer in the lot vertically. A revised plan, stamped by the city on Nov. 17, the same day the permit was approved, shows a new drawing, with the trailer inside the lot at an angle.
McMillan said on Thursday that two of the three zoning issues were taken care of. In fact, he said the park fixed the parking situation beyond what was required, and now two cars fit beside the trailer, which now meets setback requirements.
The city did not require the park to build the block wall as McMillan said the setback changes brought the issue under code.
According to city officials, while Lot 41 is taken care of, the Stage Coach Trail Mobile Home Park still must address fire safety concerns, also stated by Nichols in the Oct. 16 letter.
"The city needs safe turnarounds at the ends of 5th, 6th and 7th streets for use by city fire crews," Nichols said. "I'd like to facilitate an on-site meeting between you and Fire Chief Keith Spangler to determine what type of turnarounds are possible in your park that would meet the city's needs without creating an undue burden for you."
McMillan said that meeting has not yet been held, but he is planning to inspect the site, along with Spangler, to see if the park will have to make more changes.
Turnarounds when it comes to the fire department are about safety.
"Turnarounds allow you to turn an apparatus around without backing up," Spangler said. "To have to back an apparatus up can be very dangerous. They are so big that your view is limited, and it's better to be able to move them forward."
The City Council gave city staff permission to review safety issues and possible code violations at local parks in August.
Nichols said then that codes are in place for a reason, and it is time for the city to start requiring residents and business owners to follow them.
The council also approved an amendment to the zoning codes On Nov. 9, setting a new policy on how staff could proceed in the case of violations. The council did not declare it an emergency as requested by staff, which meant it would not go into effect for 30 days.
While Kendrick was served the original notice of violation in August, the city never took the matter to court.
With the permit approved last week, it doesn't appear the matter will have to go through the courts.
Tipton objected to the new zoning amendment, stating last Tuesday that the wording is threatening, and doesn't give alleged violators a lot of options.
What happened at a local trailer park depends on whom you ask.
On one side there is Dianne Tipton, manager of the Stage Coach Trails Manufactured Home Park, who contends she changed nothing. On the other side, the City of Benson says the park corrected alleged zoning violations.
No matter who is right, the park has received a nod of approval from the city, and lot 41, which has become a center of controversy at the park west of City Hall on 5th Street, received proper permitting last week.
This decision comes months after haggling between the two sides, and a City Council-approved zoning change to give staff more leverage in going after code violators.
Last Tuesday, Tipton produced a copy of an inspection log signed by Mac McMillan, of Brown and Associates, stating that lot 41 is "set per site plan, and meets existing zoning requirements."
The city contracts with Brown and Associates to provide assistance in the building department.
Tipton said she was pleased to resolve the issue that dates back to July when a neighboring property owner complained to the building department that the trailer parked on lot 41, located on. S. Land Avenue, was too big, and violates setback and zoning codes.
Tipton said she changed nothing on the lot and still got the permit approved, despite several letters from the city dating back to August that said the park was in violation of city code.
"We didn't have to make any changes," Tipton said. "In this instance we were right from day one, and (the city) was just wrong."
But city officials do not concur.
City Manager Glenn Nichols and McMillan said the city made no such concessions, and the park followed requirements laid out in an Oct. 16 letter to get the permit approved.
In the Oct. 16 letter to park owner Jay Kendrick from Nichols, the city stated that to receive proper permitting, the park had to correct three separate code violations.
The first was to install a firewall on the east side of the home, making the trailer fit inside the five-foot setback requirements.
The second ordered the park to construct a wall between space 41 and the property to the east, along the property line.
The third ordered Kendrick to develop a one-and-a-half off-street parking space that does not rely on the curb in front of Glen Jenkins' home, the neighbor who filed the original complaint.
Jenkins, who is currently in Utah, said he's not sure of what changes have been made but has been informed some work has been done with the curb. The Benson resident said he doesn't feel the permit should have ever been approved, because "that trailer is just too big for that lot."
A revised site plan was also submitted to the city by Kendrick, showing changes. The original site plan submitted to the city building department on March 14 shows the trailer in the lot vertically. A revised plan, stamped by the city on Nov. 17, the same day the permit was approved, shows a new drawing, with the trailer inside the lot at an angle.
McMillan said on Thursday that two of the three zoning issues were taken care of. In fact, he said the park fixed the parking situation beyond what was required, and now two cars fit beside the trailer, which now meets setback requirements.
The city did not require the park to build the block wall as McMillan said the setback changes brought the issue under code.
According to city officials, while Lot 41 is taken care of, the Stage Coach Trail Mobile Home Park still must address fire safety concerns, also stated by Nichols in the Oct. 16 letter.
"The city needs safe turnarounds at the ends of 5th, 6th and 7th streets for use by city fire crews," Nichols said. "I'd like to facilitate an on-site meeting between you and Fire Chief Keith Spangler to determine what type of turnarounds are possible in your park that would meet the city's needs without creating an undue burden for you."
McMillan said that meeting has not yet been held, but he is planning to inspect the site, along with Spangler, to see if the park will have to make more changes.
Turnarounds when it comes to the fire department are about safety.
"Turnarounds allow you to turn an apparatus around without backing up," Spangler said. "To have to back an apparatus up can be very dangerous. They are so big that your view is limited, and it's better to be able to move them forward."
The City Council gave city staff permission to review safety issues and possible code violations at local parks in August.
Nichols said then that codes are in place for a reason, and it is time for the city to start requiring residents and business owners to follow them.
The council also approved an amendment to the zoning codes On Nov. 9, setting a new policy on how staff could proceed in the case of violations. The council did not declare it an emergency as requested by staff, which meant it would not go into effect for 30 days.
While Kendrick was served the original notice of violation in August, the city never took the matter to court.
With the permit approved last week, it doesn't appear the matter will have to go through the courts.
Tipton objected to the new zoning amendment, stating last Tuesday that the wording is threatening, and doesn't give alleged violators a lot of options.
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The following are comments from the readers. In no way do they represent the view of bensonnews-sun.com.
Billy wrote on Nov 25, 2009 9:59 AM:
" Now let the city take a good hard look at the Jenkins property. "
Dianne Tipton wrote on Nov 25, 2009 2:06 PM:
" While Thelma is reporting what she has been told by the city, the facts are as follows:
On October 26, 2009 the City Manager Glenn Nichols sent a letter to Mr. Jay Kendrick, the owner of Stagecoach Trails demanding that he make the following changes to the home located in space #41 and siteing violations of city zoning and building codes.
Their demmands were as follows:
1.) Build a firewall on the home on space #41 on any section of the home that is inside the five foot set back requirement.
2.) Build a six foot block wall between Mr. Jenkins property and Stagecoach Trails MHC.
3.) Provide 1 and 1/2 on site Parking spaces.
4.) Provide turnarounds for fire trucks at the end of 5th, 6th, and 7th street.
Our response was as follows: I set an appointment with Mac MacMillian of Brown and associates who is currently acting as the city inspector at a cost of $70.00 per hour and asked them to bring the letter from the city of Benson signed by Glen Nichols dated Oct.26, 2009, and meet me at the site on Nov. 17 @ 10:00 Am. that appointment was made.
Mr. MacMillian and Robert also from Brown and associates. Met me and my husband Sam at the site at 10:00 AM on Nov. 17, 2009. I tape recorded the meeting.
I asked Mr. MacMillian to measure the distance between the home at space 41 and the property line of Mr. Jenkins property. Assisted by Robert they did so and It measured 6"4"from the property line. I reiterated to Mr. MacMillian that the home has always been 6"4" therefore we have NEVER been in violation of any city code and he concured making numerous excuses.
I then confronted him with the fact that there is no requirement for us to build any block wall and he concurred that there was some confusion by the city as to wether or not we had to meet new development codes and that we do not. So this was never required of us and we did not do it.
I showed Mr. MacMillian that there were 2 cars parked on the site and that we have always been able to park 2 cars on the site and he concurred.
Then I asked Mr. MacMillian to show me where in any code a private citizen was required to provide turnarounds for fire trucks on city owned streets and he commented that that was a Spangler thing. There are no such requirements.
and we will not be providing any.
Next I told Mr. MacMillian that since we were not and never had been in violation of any zoning or building codes that he needed to sign off on the Home and he agreed but insisted that we clear it with Mr. Nichols. Nichols had no choice but to agree since according to his letter we did meet all of the zoning requirements and the rest were not required.
The only request that Mr. MacMillian made of me was to resubmit a site plan that showed the angle of the home which I did. NOTHING else has ever been changed.
The only other thing that was done was that the city at the expense of the tax payers recut the curbcut on the city easement to move it approx 4" away from Mr. Jenkins property because Mr. Jenkins had complained about it even though it had been there for over 30 years and was never a problem before.
This was done solely to appease Mr. Jenkins and did nothing to change or inhance parking for space # 41 or the park.
My tape and this letter and the sign off by the City is clear cut evidence that neither myself, Mr. Kendrick or the Park has ever been in violation of any kind and that this has been no more than harassment of me by trying to slander me, my son and his business to get to me personaly and politicaly and it is obvious who is involved.
For any city staff, employee or the city manager to imply that anyone made any changes to bring us into compliance is an out and out fabrication. We have always met the code.
I asked Thelma Grimes to come out to the property and view it for herself with me but she refused. Even though she claims that she only printed what the city officials tell her she has made NO attempt at investigating the facts. Nor does she appear to be interested in the truth. I also informed her of the recording and she made no attempt to hear it.
Dianne Tipton "
On October 26, 2009 the City Manager Glenn Nichols sent a letter to Mr. Jay Kendrick, the owner of Stagecoach Trails demanding that he make the following changes to the home located in space #41 and siteing violations of city zoning and building codes.
Their demmands were as follows:
1.) Build a firewall on the home on space #41 on any section of the home that is inside the five foot set back requirement.
2.) Build a six foot block wall between Mr. Jenkins property and Stagecoach Trails MHC.
3.) Provide 1 and 1/2 on site Parking spaces.
4.) Provide turnarounds for fire trucks at the end of 5th, 6th, and 7th street.
Our response was as follows: I set an appointment with Mac MacMillian of Brown and associates who is currently acting as the city inspector at a cost of $70.00 per hour and asked them to bring the letter from the city of Benson signed by Glen Nichols dated Oct.26, 2009, and meet me at the site on Nov. 17 @ 10:00 Am. that appointment was made.
Mr. MacMillian and Robert also from Brown and associates. Met me and my husband Sam at the site at 10:00 AM on Nov. 17, 2009. I tape recorded the meeting.
I asked Mr. MacMillian to measure the distance between the home at space 41 and the property line of Mr. Jenkins property. Assisted by Robert they did so and It measured 6"4"from the property line. I reiterated to Mr. MacMillian that the home has always been 6"4" therefore we have NEVER been in violation of any city code and he concured making numerous excuses.
I then confronted him with the fact that there is no requirement for us to build any block wall and he concurred that there was some confusion by the city as to wether or not we had to meet new development codes and that we do not. So this was never required of us and we did not do it.
I showed Mr. MacMillian that there were 2 cars parked on the site and that we have always been able to park 2 cars on the site and he concurred.
Then I asked Mr. MacMillian to show me where in any code a private citizen was required to provide turnarounds for fire trucks on city owned streets and he commented that that was a Spangler thing. There are no such requirements.
and we will not be providing any.
Next I told Mr. MacMillian that since we were not and never had been in violation of any zoning or building codes that he needed to sign off on the Home and he agreed but insisted that we clear it with Mr. Nichols. Nichols had no choice but to agree since according to his letter we did meet all of the zoning requirements and the rest were not required.
The only request that Mr. MacMillian made of me was to resubmit a site plan that showed the angle of the home which I did. NOTHING else has ever been changed.
The only other thing that was done was that the city at the expense of the tax payers recut the curbcut on the city easement to move it approx 4" away from Mr. Jenkins property because Mr. Jenkins had complained about it even though it had been there for over 30 years and was never a problem before.
This was done solely to appease Mr. Jenkins and did nothing to change or inhance parking for space # 41 or the park.
My tape and this letter and the sign off by the City is clear cut evidence that neither myself, Mr. Kendrick or the Park has ever been in violation of any kind and that this has been no more than harassment of me by trying to slander me, my son and his business to get to me personaly and politicaly and it is obvious who is involved.
For any city staff, employee or the city manager to imply that anyone made any changes to bring us into compliance is an out and out fabrication. We have always met the code.
I asked Thelma Grimes to come out to the property and view it for herself with me but she refused. Even though she claims that she only printed what the city officials tell her she has made NO attempt at investigating the facts. Nor does she appear to be interested in the truth. I also informed her of the recording and she made no attempt to hear it.
Dianne Tipton "
Paul wrote on Nov 26, 2009 12:46 AM:
" Now we can look a Fenn's zoning violation at his residence. The area is zoned residential and he runs his construction company out of his home. "
A Friend wrote on Nov 27, 2009 9:57 AM:
" MacMillian and Nichols need to publicly appologize to Mrs. Tipton and to Mr. Kendrick.
I can testify that not one thing has been done to this home and there was NEVER any violation of any kind in the placing of the home or anything else.
The home has always been on the lot on an angle and there are arial photos to prove that. In fact previous stories written by Thelma state that also.
Though it has never been required before on any other site plans, McMillian wanted Mr. Kendrick to redraw the site plan showing the angle and Mr. Kendrick did that but, the home was never moved.
It is unbelievable that McMillan and Nichols would make such statements to the news paper that are absolute untruths.
If these folks will publicly make such provably false statements publicly then they can not be trusted at all.
Minipulation appears to be the name of the game and this has all been a deliberate attempt to harass and defame Mrs. Tipton, her son and the Park.
I say, take the tape, the evidence and the story to the real News media like channel 4 and expose these guys. They don't appear to be intimidated by this bunch of bully's. Good Grief !!!!!!!!!!!!!!!!! "
I can testify that not one thing has been done to this home and there was NEVER any violation of any kind in the placing of the home or anything else.
The home has always been on the lot on an angle and there are arial photos to prove that. In fact previous stories written by Thelma state that also.
Though it has never been required before on any other site plans, McMillian wanted Mr. Kendrick to redraw the site plan showing the angle and Mr. Kendrick did that but, the home was never moved.
It is unbelievable that McMillan and Nichols would make such statements to the news paper that are absolute untruths.
If these folks will publicly make such provably false statements publicly then they can not be trusted at all.
Minipulation appears to be the name of the game and this has all been a deliberate attempt to harass and defame Mrs. Tipton, her son and the Park.
I say, take the tape, the evidence and the story to the real News media like channel 4 and expose these guys. They don't appear to be intimidated by this bunch of bully's. Good Grief !!!!!!!!!!!!!!!!! "
I dont Believe it. wrote on Dec 1, 2009 1:19 PM:
" Since when is it the Citys obligation to apease one Mr. Jenkins. Move a curb that has been there 30 years. Well Honey give him the Bill . I sure don't want to pay for it. "
For Pete Sake wrote on Dec 1, 2009 2:16 PM:
" There is an old saying
" You would complain if you got hung with a new rope"
This is very fitting for the town of Benson. Everyone wants the town cleaned up and everyone wants change and new business. But NO one wants it done. The city is trying to clean up the town and bring standards in to place. But at the same time the Mayor, the city employees and the Council can't seem to get on the same page for fear of hurting someones feelings or upseting other residents. In order to move forward the city needs to stand up to the offenders and set up regulations to keep the town moving forward. All the mud slinging just waste time, money and paints a bad picture of Benson as a whole. If Tipton wants to run the town, waste money and time she should try to get her council seat back or run for mayor. Other wise she should follow the rules, adjust her behavior and act like a business manager/owner and not a 5 years old child. I can't wait to see what happens to Benson in 2010. When the fresh meat starts to run the building department. How long will they last? "
" You would complain if you got hung with a new rope"
This is very fitting for the town of Benson. Everyone wants the town cleaned up and everyone wants change and new business. But NO one wants it done. The city is trying to clean up the town and bring standards in to place. But at the same time the Mayor, the city employees and the Council can't seem to get on the same page for fear of hurting someones feelings or upseting other residents. In order to move forward the city needs to stand up to the offenders and set up regulations to keep the town moving forward. All the mud slinging just waste time, money and paints a bad picture of Benson as a whole. If Tipton wants to run the town, waste money and time she should try to get her council seat back or run for mayor. Other wise she should follow the rules, adjust her behavior and act like a business manager/owner and not a 5 years old child. I can't wait to see what happens to Benson in 2010. When the fresh meat starts to run the building department. How long will they last? "
Outside In wrote on Dec 1, 2009 3:02 PM:
" When people look at Benson from the outside it looks like a regular town. But from the inside you can see its true colors. Everytime change comes or a change is made the public crys foul. But the fact is Benson is a two faced city. What comes around goes around and the city is just going in circles. They spend more time fighting off bad press and kissing up to the people who don't need it then they do focused on moving the city and its residents forward. The old bad blood in Benson is in all aspects, the city workers, council, mayor and even some of its residents. Benson will never learn, change or grow until the pettyness stops and REAL work can be done. Now the redidents want to find fault in an outside company who is only trying to act in the citys best interest but nothing is going to make everyone happy. The city is hiring a new building inspector and plannng and zoning official maybe with the NEW folks in town they to will see its all a waste of time. Benson does not want to be a better place to live and work it just wants to complain and waster time and money. "
False wrote on Dec 2, 2009 11:14 AM:
" To outside in and for Pete sake
Neither of you seem to care that the accusations against the park and Tipton and her son were false. They NEVER existed. Try to get that.
The park is immaculate and has NO violations. It is the false accusations that are the issue.
You and others need to realize that the problem is the minipulation by the city for political gain and to show their power over us all.
Try to act intellegent and see things for what they are. Your opinion has no credibility. "
Neither of you seem to care that the accusations against the park and Tipton and her son were false. They NEVER existed. Try to get that.
The park is immaculate and has NO violations. It is the false accusations that are the issue.
You and others need to realize that the problem is the minipulation by the city for political gain and to show their power over us all.
Try to act intellegent and see things for what they are. Your opinion has no credibility. "
Question. wrote on Dec 10, 2009 8:30 PM:
" Why were the numbers taken down at Stagecoach Park they were a guide to let people and emergency vehicles know where we are they were removed this summer. I know an Ambulance could not find a patient due to the loss of these signs. As far as Fire truck turnaround There is space by the Ditch that they can cross over . Example if they are on 5 th Street they can come out on 6th Street. An one last question. Why does an Arizona Resident have Utah Car Tags is that Legal? "
Nana wrote on Nov 25, 2009 9:46 AM: