P&Z extends appeal time

By Jim Maniaci
Cibola County Bureau

MILAN — The Village Planning-Zoning Commission decided Thursday to give two people until Monday, Nov. 21, to bolster their appeals in code enforcement cases.

Commissioners had called Mark Robinson to explain why he seemingly ignored notices he was penetrating setbacks in the front and back yard of a mobile home at 1511 Tietjen which he has a state-approved building permit to enlarge.

The commission also heard an appeal from Patrick Cassidy about the village's denial of a conditional use permit for a mobile home or travel trailer for a home for his son Kelly in a commercial zone at 723.5 Uranium Ave.

Robinson's case was listed on the agenda only for discussion, so no formal action could be taken. Cassidy maintains, in his case, that Cibola County has charged him residential taxes instead of commercial taxes on the lot and therefore a home should be allowed.

Commissioner Joe Chavez repeated the commission's philosophy stated at each meeting that the old way of just doing things is gone since the commission is following the interim code the Board of Trustees adopted while the P&Z group updates the old code for submission to the trustees. Commission Chair Pauline Barker said the group hopes to be finished by Thanksgiving, if possible.

In Robinson's case on Oct. 24, the commission voted 4-0 that Robinson had violated the setback, which is measured from the property's boundary where there are not supposed to be any structures.

Police Chief Jerry Stephens told the commission Thursday night the structure's addition and everyone complimented Robinson on the quality of his construction work over the old mobile home intruded about half-way into the 15-foot setback.

At the October meeting Code Enforcement Officer Ethel Eagan told the commission she measured the front setback from the edge of the pavement, so the structure just about cleared the 20-foot front setback. The commission Thursday night said she should have measured from the front property line.

Robinson admitted under direct questions from Barker that he had been advised by both village officials that if he was denied a variance to allow the intrusion he would have to tear out the violating portion.

In Cassidy's case, Barker pointedly told him, on July 27, the commission gave him 90 days to remove the violating home on wheels.

"It's now 17 days shy of 120 days," she said. He replied he had been sick and the commission had been misinformed because it was not a camp trailer, by six inches.

Barker countered with the main point, that he was establishing a new residence in a commercial zone, without asking the village's permission through a variance.

That's when Cassidy raised the point he has been paying residential, not commercial taxes, on the lot for years. Commissioners asked him to bring all the necessary documents to a special meeting on Nov. 21. The next regular meeting will be at 5:30 p.m. Dec. 8.

Cassidy pointed out Barker lives in a commercial zone. She replied it was grandfathered. He countered with Milan being full of incompatible zoning and that was why he had most of Uranium Avenue rezoned to residential. He also said he had given the village 90 days to see what to do, but commissioners informed him that is the reverse of what happens.

Eagan added that a trailer can be used for storage, but it has to be moved away from the main structure and all utilities disconnected permanently.

Just when it seemed the discussion was over, Barker and Cassidy got into a dispute about previous occupancy and the lengths of unoccupancy.

Cassidy charged he was being singled out. Barker told him his case was the one before the commission, even though there may be others. Cassidy said he could name a dozen, but declined to do so then, indicating the code enforcement officer should be doing that.

Commissioners Mary Tovar, Mary Lundstrum and Don Sweeney also attended, with Board of Trustees Member Dominic Vigil coming in for comments from citizens and asking about the Exit 79 clean-up, specifically at the Love's Truck Stop.

— To contact reporter Jim Maniaci, telephone (505) 285-6184 or (505) 870-7775 (cellular).