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Special-use permit OK'd for Kansas Settlement vineyard


Published: Tuesday, August 17, 2010 6:36 PM CDT
Shar Porier/Wick Communications

Another vineyard has sprouted up off of Kansas Settlement Road and the owners were given approval for a special-use permit to allow the construction of several structures related to making wine by the Cochise County Planning and Zoning Commission.

During the commission meeting Wednesday, Aug. 11, Rhona MacMillan and Mark Jorve from Phoenix said they plan to develop the business and property in phases beginning with a 4,200-square-foot building to house the winery processing, storage area and a temporary residence. Phase 2 is the residence and garage. The final phase will be the construction of the wine-tasting room for customers.

MacMillan and Jorve estimate the use of 500 gallons of water a day for the 10-acre vineyard.


The special-use permit was approved by Commissioners Lee Basnar, Duane Brofer, Jim Martzke, Rusty Harguess and Jim Lynch with conditions that require the couple to establish easements along Lucky Lane and keep it maintained in a safe condition. They also must improve internal driveways, parking and loading areas with 2 inches of gravel and improve the apron at the intersection of Lucky Lane and Arzberger Road prior to occupancy and opening the wine tasting room.

The commissioners also approved a special- use permit for Bonita Bean Co. on Kansas Settlement Road to legitimize and expand the existing bean-packing plant by 4,500-square feet for warehouse capacity on a 2.25-acre lot owned by Brent Haas.

Though there are few hindrances like permits associated with agricultural use, a processing facility does not fall under that do-as-you-want exception, added Senior Planner Keith Dennis.

"The business has grown beyond the allowed expansion area," said Dennis. He explained that the property has a number of problems meeting building codes and zoning regulations. In the past, BBC was considered a legal non-conforming use. That changed when buildings were constructed too close together, signs were painted on the 75-foot silos that were installed to store the beans and there is no clear driveway into the facility.

Complicating the issue more was the fact that Hass did not comply with Americans with Disabilities Act. There is no handicapped-accessible path or rest room to meet federal code. Though there is a sign on the office building that the facility is open to the public and sales are made to people who come by, that may change if Haas decides that becoming ADA-compliant is too costly.

Haas said, "I need to see what benefit it will be to stay open to the public. I didn't know what ADA was and I haven't done any research."

The commissioners asked the planning and zoning staff to monitor the progress and make sure ADA requirements were met if the facility remained open to the public.

Deputy County Administrator Jim Vlahovich told the commissioners he was acting as the interim planning and zoning director until one is hired.

The commissioners were told that there would not be a meeting in September.



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