PRESCOTT - Emotions ran high and tempers teetered on the edge Wednesday as Williamson Valley residents appeared before the Yavapai County Planning and Zoning Commission to protest a real estate office at the Old Stage Stop.
The commissioners upheld the restrictions on the Old Stage Stop by voting unanimously to deny a request from Dan Main for a zoning map amendment to expand the building for commercial uses.
In 2005, the planning commission and the Board of Supervisors approved a zoning change allowing for the construction of the Old Stage Stop country store at Williamson Valley and Outer Loop roads. The change specifically limited land use to the store and gas pumps. The developer, Hunt Properties Holdings LLC, verbally agreed to the establishment of a community meeting room.
A real estate office occupies that space and a small conference room is available for community meetings.
Planning Manager Elise Link said Main's application would expand the commercial uses to include business offices. She said the amendment would apply only to the 1,750 square feet at the rear of the building, not the store or the gas pumps.
Main said he thought the realty office was a legal use because he has a set of county-approved plans indicating a realty office at that location.
"I can't believe that just because it was on a drawing someone would think it was allowed," Commissioner Joe Jackson said. "I am concerned that you have violated the zoning code and that doesn't seem to bother you very much."
Commissioner Tom Reilly said he could understand that if someone had a signed drawing it would signify approval.
Development Services Director Ken Spedding said, "Approval of plans does not constitute approval of use."
Commissioner Gene Kirkman added, "I felt the limitations imposed on the building were specific. I am disappointed they were not kept."
Chairman Curt Garner said that while the zoning map change was for specific uses, he anticipates that at some time the commission will entertain other uses.
"I think the animosity comes from the commission being put in a position of condoning this use instead of approving it," Garner said.
No one person spoke in favor of the proposal at the commission meeting. Some residents alluded to backroom deals, collusion, pay offs and commission integrity.
Garner stopped Inscription Canyon resident John Freeman when he tried to say a criminal investigation might be in order "whether there was collusion among county employees and/or appointed and elected officials with the owners of the country store and real estate office renters to circumvent county zoning laws."
For most residents, the biggest problem was that the developer gave his word and did not keep it.
"The gentleman gave his work and then did not keep it. I don't think we should be condoning that," Frank Deek said.
Repeating a statement she made following the June 14 public hearing, Mariann Littell said, "I don't think the county should give amnesty to people who knowingly break the law."
Several residents also expressed concerns that approving "business offices" at the Old Stage Stop would open the door for more commercial development.
Friends of Williamson Valley President Georgene Lockwood said she saw failures by the property owners, the tenant and the building department.
She said the three groups either ignored the zoning restrictions or tried to pull a "bait and switch."
The planning commission will forward the application for the amendment to the Board of Supervisors with a recommendation for denial.
The supervisors will hear the application Aug. 6. Despite its controversial nature, the application could be on the board's consent agent because of the commission's unanimous vote.
