The date for a longtime Sedona business to file an appeal with the Arizona Supreme Court has come and gone. Now the issue is back in the hands of the city.

Following a year-long process, the Arizona Court of Appeals found in favor of the city of Sedona regarding an ongoing  compliance issue with Son Silver West, a retail store along State Route 179. On Oct. 30, Judge Lawrence Winthrop released this ruling regarding an appeal to the state by the Robson family, which came on the heels of a Coconino County Superior Court decision in September of last year.

Friday, Nov. 30, was the deadline for the Robson’s legal team to file an appeal with the Arizona Supreme Court regarding the Court of Appeals’ decision. They chose not to do so. Assistant City Manager and Community Development Director Karen Osburn said the city planned to issue the Robsons another Notice of Violation on Monday, Dec. 3, and give them 30 days to come into compliance.

“If the violations identified in these notices are not corrected in 30 days — or they at least seek permits in some cases — the city will schedule a public hearing with the Sedona Planning and Zoning Commission in January in accordance with the procedures prescribed in the Land Development Code,” she said.

“We’ll seek permanent revocation of the existing 1992 Conditional Use Permit since they are in violation of that. “Those are procedural things we still must do before doing any further enforcement like seeking an injunction  to close them or other legal recourse. ”In terms of what the city sees as Son Silver West’s most glaring violation, Sedona City Attorney Robert Pickels has said it’s the expansion of 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 following the Court of Appeals decision. In June 2016, the Sedona 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 with Judge  Dan Slayton’s ruling last year  in favor of the city. That ruling  then lead the Robsons to file with the Arizona Court of Appeals.

The following is a summary of the still-outstanding  code violations by Son Silver  West and the timeframe for compliance  for the property:

Violation: 1476 SR 179  uses approved for  the commercial activity  are bound by conditions of  approval of the 1992 conditional  Use Permit.Condition 1 states uses  and physical improvements on the subject property shall not exceed those as characterized  in the staff report dated Sept. 15, 1992 and as  approved by the Planning and Zoning Commission. Therefore,  all uses and physical improvements beyond those outlined above  are in violation of the conditions of approval for the 1992 CUP.  

Corrective Actions:

• Remove all outdoor  retail space in  excess of the approved 5,000 square feet within  30 days.
• Remove all enclosed  retail space in  excess of the approved 2,250 square feet within  30 days. Buildings “A and  B” need to be returned to shed  and not retail display or other commercial purposes.Restore 1,950 square feet of the primary  dwelling unit back to single-family residential within 30 days.
• In accordance with Condition 6 and the Sedona  Land Development Code,  to minimize visual impacts and maintain an attractive appearance  of the outdoor display area, suitable screening needs to be incorporated and found to be in compliance  by the Community Development Director within 30 days.
• In accordance with Condition 9 and the Sedona  Land Development Code,  update outdoor lighting fixtures to be shielded and found to be in  compliance by the Community Development Director within 30 days.
• Submit building permit applications for the shade structures erected and/or expanded without prior approvals within 30 days.
• Submit a building permit application for the wall/fence erected along the backside of the property without prior approvals within 30 days.

Violation: 61 Arrow Drive, single-family house alleged violations include warehousing, manufacturing [welding and assembly], shipping/receiving and employee parking, which are uses that  are not in compliance with the Sedona Land Development Code.The shed constructed in the rear portion of the property, for which an after-the-fact approval was granted in 1993, was converted to a commercial “chapel” and an unpermitted block wall was constructed across property lines in order to permit a portion of the yard at 61 Arrow Drive to become a part of the 1476 SR 179 retail property.

Corrective Actions:

• Cease and desist all commercial use of this prop-erty including but not limited to employee parking, warehousing, manufacturing (welding and assembly) activities, shipping/receiving associated with Son Silver West Gallery and Robson Design and return the structure back to a single-family house and use within 30 days.
• Cease and desist  any office/commercial use that is not in compliance  with the LDC Home Occupation requirements within 30 days.
• Submit an application  for a building permit for the block wall constructed  on 61 Arrow Drive and 1476 SR 179 without a permit or remove wall within  30 days.
• Cease using space located on the  rear portion of 61 Arrow adjoining to 1476  SR 179 property as commercial space within 30 days.
• Revert  “chapel” back to its  approved use as a shed or submit  a new building permit  application for consideration as a “chapel” use within 30 days.

Violation: 365 Bowstring  Drive, single-family  house issues include employee  parking, vehicular access to 1535  SR 179, and commercial activities including  warehousing of merchandise.

Corrective Actions:

• Immediately cease and desist  all use of this property for Son Silver West Gallery  and Robson Design for employee  parking.Immediately cease and desist all commercial activities including warehousing with Son Silver West Gallery and Robson Design.