A meeting to hear the city of Sedona’s case against a longtime local business has again been postponed.

City Attorney Robert Pickels said the Sedona Board of Adjustment meeting set for 9 a.m. on Thursday, May 12, will still be held and the matter involving Son Silver West will be called as part of the agenda.

However, due to a request from the applicant and an order from the Coconino County Superior Court, the hearing will be continued without the presentation of the case so that a revised record can be prepared and distributed to the board. Pickels said the court deemed this necessary so the board has all the documents needed to ensure the hearing is fair to all concerned.

“We anticipate that it will be a short continuance, depending on availability of the board, the applicant, staff and respective legal counsel,” Pickels said. “I’m hoping for no more than a couple of weeks, but it will depend on availability.”

The Sedona Board of Adjustment was originally scheduled to hear this matter on Dec. 29. However, the Coconino County Superior Court granted a continuance which was expected to be February or possibly March.

The board will be hearing Son Silver West’s appeal in regard to notices of violation. The Robson family, owners of Son Silver West, was notified that Community Development Director Audree Juhlin had determined the current use of the properties comprising Son Silver West’s business activities exceeded what was authorized in a 1992 conditional use permit.

“The outcome/resolution that the city is hoping for is that Son Silver West brings its activities into compliance with the 1992 conditional use permit and its associated performance conditions,” Pickels said earlier this month. “Compliance is always the ultimate goal of code enforcement activities by the city.”

In 1992 the Robsons were granted a conditional use permit. Because it was operating as a commercial business on a single-family residential property prior to the city’s incorporation in 1988, it is considered grandfathered as a legal nonconforming use. However, when a nonconforming use occupies a building, expanding the use into additional buildings or land areas is prohibited, a city document states.

A notice of violation sent last year from Juhlin to the Robsons and their legal counsel states that because Son Silver West has made changes deviating from the 1992 CUP, these changes are subject to review and consideration. This section of the land development code does not provide for administrative consideration or approvals at a staff level.

At the crux of the discussion is whether or not then-Community Development Director John O’Brien “purported to exercise legal authority” to approve changes to the 1992 CUP consistent with conditions at Son Silver West today.