Meeting Minutes-P&Z - Prescott
September 5, 2007
Page 6
8. Use Permit; APN: 102-09-011A; HA# H7115
THESE MINUTES CONTAIN PUBLIC COMMENT
Applicant:
Lisa Thomas
Request:
Consideration of a Use Permit to allow two horses on an approximately .83 acre
(approx. 36,154 sq. ft.) parcel in an R1-35 (Residential; Single Family; 35,000 sq. ft. minimum)
zoning district. Located approximately 350 ft. northwest of the Shane Drive/Stable Lane
intersection and west of the Equestrian Estates Subdivision, in the Williamson Valley area,
northwest of Prescott. S30 T15N R2W G&SRB&M Staff: Nicole Russell
Nicole Russell, Planner, opened the Staff presentation by presenting photos showing the location
of the subject parcel and the surrounding zoning. She said there was a slight correction to the
site map, the northern portion of the yard where the horses were kept was not actually being used
for the horses so there was an additional 35 feet which made the distance between the Ross
house and where the horses were being kept actually 75 feet and this was sectioned off by the
electrified fence. She said the applicant had notified her neighbors within 300 ft. and a little
beyond, and there was one neighbor in opposition who had concerns with the fence. The
applicant had stated that this fence was on the property prior to purchase and she had attempted
to make this a workable fence for the horses.
Manager Link said she would like to elaborate on the letter of opposition regarding the fence
issue and that the reasons Ms. Ross stated in her letter also stated she would like the number of
horses to be consistent with the zoning, and had also expressed concerns with flies and odor.
Manager Link said the fence issue could be dealt with by stipulation.
Chairman Garner opened the discussion to the Commission.
Commissioner Kerkman asked regarding the stipulation relative to the fencing, what was the
requirement for fencing.
Manager Link said that would be reviewed by the County Land Use Department, but there were
standards for fencing in the Zoning Ordinance and it would be similar to what was currently there.
Commissioner Kerkman said then it was really up to the applicant to make peace with their
neighbors.
Commissioner Jackson asked how they could be allowed to keep two horses on .83 acres.
Manager Link said she would defer to the applicant, but she understood the property was a
recent purchase, and the applicant had the understanding that it was allowed. There was a
complaint received and one remedy to a violation would be a Use Permit, otherwise they must
remove the additional horse.
There being no further questions of staff, Chairman Garner opened the floor to public
participation.
Lisa Thomas, Applicant, took the floor to answer any questions or provide additional information
concerning the Application. Ms. Thomas said she was unaware when they purchased the
property that there was any restriction. She said she lived adjacent to Granite Mountain Stables
who have approximately 25 horses per acre, so she did not realize there were any restrictions.
She said she had three horses and was notified that she was not in compliance. She said after
she talked to Planning and Zoning she found out she was short by .17 acres or about one third of
a horse. She said she was trying to get into compliance. She said the neighbor to the north who
had complained had been over and her children had ridden her horses and she never said
Meeting Minutes-P&Z - Prescott
September 5, 2007
Page 7
anything to Ms. Thomas until she did her citizen participation. She said the fence had been fixed
between her property and the Ross’ property as much possible; there were no horses in the fence
area which was 35 feet away so the horses could not even get to the fence. She said she did not
have any problem replacing the fence, she said the neighbor complaining refers to it as their
fence, but when she had spoken to her, it then became “our” fence and she was more than willing
to have the applicant pay for repairing the fence.
Commissioner Jackson asked if she had bought the property through a realtor and were they
aware that she intended to keep horses on it.
Ms. Thomas replied that she had gone through a realtor and she did ask if she could have horses
and was told that she could. She said the realtor lived across the street from her and she also
had horses.
Commissioner Jackson said she might want to talk to the realtor as it was against the Zoning
Ordinance. He said it was implied that this would be a zoning change.
Ms. Thomas said she did not want a zoning change but was only asking for a Use Permit and she
thought with the Stable next door that it would be alright.
Commissioner Jackson said the Stable was a grandfathered use. He said he lived in that area
and everyone else had to comply with the zoning.
Commissioner Barnert asked if staff would clarify what R1-35 zoning allowed.
Chairman Garner asked Manager Link with .83 acres was this applicant allowed to have one
horse.
Manager Link replied yes.
Commissioner Reilly said the staff report stated that the applicant was 7,500 sq. ft. shy of the
43,560 sq. ft. necessary for two horses to be allowed. She actually had 36,154 sq. ft. so only one
horse was allowed.
Manager Link said that was correct, the zoning was for 35,000 sq. ft. which allowed one horse;
one acre or 43,560 sq. ft. allowed two horses and the applicant was short by 7,406 sq. ft.
Chairman Garner said the applicant was allowed one horse by right.
Georgene Lockwood, Williamson Valley resident, said she was previously the President of the
Friends of Williamson Valley, Inc., and as one of her last acts as President she sent a letter to
Ms. Russell, and she believed the Corridor Plan Committee had also responded to this
application, and they were in agreement that an exception should not be made. She suggested
maybe one of her neighbors might be willing to lease the applicant some land to make her in
compliance, or she might be able to purchase the land needed, or because she was next to a
stable, she might be able to board a horse. They would like her to be able to keep the two horses
but still enforce the Ordinance.
There being no further public comment, the floor was closed to public participation and returned
to the Commission for further discussion and/or a motion.
Meeting Minutes-P&Z - Prescott
September 5, 2007
Page 8
Commissioner McClelland felt that an exception should be allowed and made a motion to
recommend approval of the Use Permit, HA# H7115, with the following Stipulations.
Commissioner Reilly seconded the motion.
1. Use Permit to be approved on a temporary non-transferable ten (10) year basis.
2. Property to be maintained in accordance with the site plan dated July 11, 2007 and letter
of intent dated July 10, 2007, in accordance with all applicable codes, regulations and
ordinance requirements.
3. Applicant to complete fencing on north side of property within thirty (30) days of the
Board of Supervisors approval.
4. Complaints about improper disposal of manure that cause a nuisance in the
neighborhood may result in a Staff review of the use permit.
5. In the event the owner of the subject property files a claim under ARS Section 12-1134
regarding this Use Permit, this Use Permit shall be null and void.
Commissioner Jackson said this was similar to the previous application and he did not see
justification to allow the additional horse.
Commissioner Kerkman asked if the person who was opposed to this, were they opposed to
more than just the fence; he felt it would be hard to support the opposition to flies and odor since
it was next to a stable. He asked if the fence issue were disposed of, would that person still be
objecting.
Ms. Russell said she would have to defer to the applicant but when Ms. Russell spoke to the
opposition she did not indicate she would support this proposal even if the fence issue was
resolved.
Commissioner Reilly said in the Granite Mountain Stables there were approximately 95 horses
which were right next to them. He felt that because her acreage was enough to allow two horses
and would not be a detriment to the area, he felt the person complaining probably wanted the
Stables to go away. He said the area should be considered as there were a lot of horses out
there.
Commissioner Lindner said he somewhat concurred with Commissioner Reilly, but he did see this
as a long-term, temporary, non-transferable permit. He saw it as somewhat as a compromise but
also as somewhat on the long side and he would rather see it on a shorter term, but that being
said, he felt the applicant had made a reasonable case for hardship, and because of the nature of
that area, he had been there and there were a tremendous amount of horses in that area, it would
not make that much of a change and he would also cite the staff brief which shows other
approvals and finally they saw somewhat of a limited opposition and one of the reasons for that
opposition was the flies, and saying again, there were a lot of flies because you got that many
horses in that area, so he saw this as somewhat of a reasonable compromise and he would
support it.
Chairman Garner said the person living directly northwest of them stated in their letter they were
opposed for more than just the fence issue. He said he could see this application resulting in a
trickle down effect and to approve a Use Permit where the parcels were not that large they
needed an unanimous approval of their neighbors and could not circumvent one person’s rights
over another’s.
Commissioner Jackson said he had lived in Arizona for over 62 years, and where one could have
a horse had changed; he felt they needed to stick to the zoning and in this case the zoning
allowed only one horse.
Meeting Minutes-P&Z - Prescott
September 5, 2007
Page 9
Chairman Garner asked for a vote at this time. The vote was 7 to 2. Commissioners Barnert,
Kerkman, Lindner, McClelland, Province, Reilly, and Stewart voted in favor of the motion to
approve. Chairman Garner and Commissioner Jackson voted in opposition to the motion to
approve because they felt that even though the applicant’s property was located next to a stable,
the existing zoning should be upheld.
This item will be heard by the Board of Supervisors on October 1, 2007.