It’s yet to be determined whether or not the old saying, “Third time’s the charm” will apply to a hearing involving the city of Sedona and a longtime business.
The Sedona Board of Adjustment was scheduled to meet to hear a case involving Son Silver West and its owners, the Robson family, on Jan. 29. The Coconino County Superior Court granted a request from the family’s counsel to postpone that date. It was then rescheduled for Thursday, May 12. But again, the court granted another delay so that a revised staff report can be prepared and distributed to the board. City Attorney Robert Pickels said the court deemed this necessary so the board has all the documents necessary to ensure the hearing is fair to all concerned.
The case deals with notices of violation involving the physical expansion of the business, located on State Route 179. The Robsons were 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.
A new hearing date of Friday, June 3, at 8 a.m. was approved unanimously by the board.
Attorney Kate Mahady, representing the Robsons, said that lead counsel Francis Slavin will not be available in June. She said his available dates — in preferential order — were July 29, July 7 or July 8.
“I kind of resent the fact that he picked the last date [July 29] because it looks like you’re doing everything you can to stall the hearing,” Chairman Joel Gilgoff said.
To that, Mahady said, “I can assure the board that’s not the case. The lead counsel either has a conflict or is out of town for all the June dates.”
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.
“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.”
