Cue applause for Truth or Consequences Mayor Pro Tem Rolf Hechler. He recognized that his duty in a quasi-judicial land-use procedure was to act as judges do—ruling on the basis of and after making findings of fact, putting emotion and opinion aside.
The city commission held a public hearing during the Dec. 14 city commission meeting on whether to grant a special use permit for a “recovery house” in an area zoned residential, a use normally limited to a commercial zone.
Most of the public testimony was emotional and advocated for a permanent location for 12-step meetings for addicts and co-dependents.
This testimony swayed City Commissioners Destiny Mitchell and Merry Jo Fahl, who voted in favor of granting the special use permit.
Hechler rightly pointed out that the zoning, not the controversial land use, was the issue. Special use permits can only be based on seven findings of fact found in city code, he said.
Reading the findings of fact section of the code, Hechler then gave reasons why issuing such a special use permit would violate three of the findings.
City code states:
- In making a decision on a Special Use Permit, the Planning and Zoning Commission and the City Commission shall review the following factors and accord each factor the necessary weight on a case-by-case basis.
- The increase in congestion of streets and other rights-of-way;
- Diminishment of safety from fire, panic and other dangers;
- Diminishment to the health and general welfare of the public;
- Degradation of light and air for all properties in the immediate area of the proposed Permit; increases of overcrowding of land and undue concentrations of populations;
- Adverse affects on provisions for transportation, water, sewer, schools, parks and other public facilities or increases in the effects of natural hazards;
- Increases or facilitation of the unlawful use of structures, buildings or land; and
- Promote the use or waste of energy in the use of structures, buildings, and land.
Hechler said traffic would be increased (violation of a.), a recovery house would probably reduce the property value of neighbors, especially if the buyer had children (violation of b.), and it would constitute spot zoning, which ignores equality under the law and favors a few with a land use hurtful to property owners who purchased with the understanding only residential uses would be permitted (violation of f.).
Mayor Amanda Forrister and City Commission Shelly Harrelson voted down the special use permit along with Hechler.
If the special use permit had been granted, it would have opened the city up to lawsuits from nearby property owners, one of whom testified against issuing the permit.
Thank you Mayor Po Temp Hechler for understanding and following our existing land use codes and ordinances. This decision shows you did your homework and researched the issue and acted accordingly regarding our existing codes and ordinances. What a breath of fresh air this is! Thank you
The city really does need a recovery facility and I hope it can find a place for such. But, in this particular case, I am VERY heartened that the City Commission has actually followed the rules and proper procedure in making this decision to not grant a variance. I would hope that this is a trend in good government. The only suggestion might be to reinstate a Planning and Zoning Commission whose ACTUAL charge would be to do the research in cases such as these and pass their findings on to the Commission. The previous P&Z failed because it was asked to merely rubber stamp the findings of the city staff. We were lucky this time that Mayor Hechler was alert to the facts in the law and was courageous enough to encourage adherence to them.
YAY! The City Commission (some of them) finally decided to abide by the rules and regulations for variances. Hopefully they will keep this up as other projects come forward. The City needs adherence to the Zoning for the orderly development of the City. Many thanks to the Commissioners who followed the law/ordinances and rejected this proposal.
I agree with Dennis that a recovery facility is needed but it doesn’t belong in areas with residential zoning.