Following a year-long process, the Arizona Court of Appeals found in favor of the city of Sedona regarding an ongoing compliance issue with a longtime business.

On Tuesday, Oct. 30, Judge Lawrence Winthrop released his ruling regarding an appeal to the state by Son Silver West, which came on the heels of a Coconino County Superior Court decision in September of last year. Bill, Linda and Rio Robson, the owners of Son Silver West located on State Route 179, appealed two issues to the Court of Appeals.

• They included whether “Sedona’s Community Development Director acted beyond the scope of her authority, as enunciated in Arizona Revised Statue, when she pursued enforcement of zoning provisions against appellants, allegedly without actual knowledge of the conditions of the property.”
• The second issue was “whether the Sedona Board of Adjustments exceeded its statutory authority under ARS when it declined to make conclusive determinations on two corrective actions, and instead directed the parties to try and informally resolve these issues.” Winthrop ruled that neither the director nor the Board of Adjustments exceeded their statutory authority in either instance.

“This decision is the result of a multi-layered judicial review process in which at every level the city was found to be acting appropriately and within its authority,” City Attorney Robert Pickels said.

“I think it provides affirmation that the city is legally correct in the enforcement action taken against Son Silver West.” The Robsons and their attorneys now have 30 days to appeal the decision to the Arizona Supreme Court.

An email to Robson family attorney Francis Slavin was not returned by press time.

If they do appeal yet again, Pickels said the Supreme Court typically returns its decisions to reject petitions for review rather quickly. In his experience, it is usually within a few weeks.

“Given the subject matter involved and the thorough decision provided by the Court of Appeals, it is hard for me to imagine that the Arizona Supreme Court, if asked, would show any interest in this case,” Pickels said.

If the Supreme Court denies to hear the case, the appeals court ruling stands. In terms of what the city sees as Son Silver West’s most glaring violation, Pickels said it’s the expansion of the outdoor retail display area beyond the 5,000 square feet approved in their conditional use permit.

“All observations lead to the conclusion that the current outdoor retail display area is well over three times that amount,” he said.

In June 2016, the Board of Adjustments said the issuance of two notices of violations by then. Community Development Director Audree Juhlin in late 2015 to the Robson family were justified. The Board’s decision was then appealed to the Coconino County Superior Court.

Coconino County Superior Court Judge Dan Slayton’s ruling last year included the following:

• Plaintiffs shall immediately cease and desist all use of the property [adjacent vacant lot on State Route 179] for parking.
• Plaintiffs shall immediately cease and desist all use of the property [adjacent vacant lot on State Route 179] for commercial purposes including shipping/receiving activities and storage and merchandise.
• Plaintiffs shall remove all outdoor retail display area in excess of the approved 5,000 square feet within 30 days. [As of a year ago Son Silver West use 16,000 square feet of display space]
• Plaintiffs shall remove all enclosed retail area in excess of the approved 2,250 square feet within 30 days. [At 5,600 square feet as of a year ago] n Buildings A and B as included on the site plan for the recent applications need to be returned to storage sheds and not retail display or other commercial purposes.
• Plaintiffs shall restore 1,950 square feet of the primary dwelling unit back to single-family residential within 30 days.

The Robsons were allowed to keep the “Father Kino Chapel,” a converted shed that was approved by the city in 1993, for their own personal use without having to revert it back to a shed.

However, Slayton ruled it can’t be used for public use unless all the required building permits are issued. In 1992 the Robsons were granted a conditional use permit for their property. 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 alleged violations on the property include warehousing, manufacturing, shipping/receiving and employee parking, which are not in compliance with the Sedona Land Development Code. Pickels said the city’s goal all along has been to achieve compliance with the Land Development Code and that it will do everything possible to help Son Silver West comply.

“However, there comes a point where all good faith efforts fail and the city has a responsibility to the community to seek more drastic remedies,” he said.

“I don’t think seeking an order to shut down the business would benefit anyone, but it is certainly a last resort type of option.”