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BISBEE — The Cochise County Board of Supervisors on Tuesday voted unanimously to approve a rezoning request to accommodate an existing towing-and-impound business just outside of Douglas.
Richard Munoz has been operating the business out of his home and adjacent land on 24th Street since 2001. He went through the permitting process when he moved a mobile home onto his two acres, but none of the inspectors from the county told him he needed to get his land rezoned to the developing category. The land had been zoned neighborhood conservation.
“I’ve been in business all this time and have had no problems or complaints from the neighbors,” Munoz said. “I thought I had all the permits I needed. Then an inspector came by and told me I needed rezoning. Inspector Rick Hernandez has been out to the property several times.”
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In reaction, Supervisor Pat Call said, “We could put this guy out of business. In some views, the county is somewhat complicit. How have we missed this for so long? The county was out there and we didn’t tell him. That’s a problem that concerns me.”
Munoz got a permit for his home several years ago, said senior planner Susan Buchan. “Staff did not revisit the area until years later in January 2006 when inspectors saw the business,” she said. “Planning and zoning is concerned with dust, noise and heavy traffic tearing up the dirt roads.”
Call replied, “We do our best to bring those not in compliance into compliance. Mr. Munoz was not trying to fool anyone.”
Buchan said Munoz’s parcels are in an existing residential neighborhood and the parcel that holds his impound yard is in a floodplain. Upon inspecting the impound yard, fluids leaking from vehicles were found on the ground as well as a make-shift oil recycling system that had been set up on the edge of the property. Those caused environmental concerns. She said Munoz would have to bring his property up to code, construct a wall around the impound yard to divert flood water, fence and screen the property, and initiate efforts to contain any toxins that might leak out of the stored vehicles to prevent rainwater run-off contamination.
“His location in relation to the floodplain is significant to his request,” Call said. “There won’t be any building or development behind him. Since no one has complained and he is on the outskirts of a residential area, I see no reason not to allow him to continue his business.”
The supervisors agreed Munoz needed to create an egress from Washington Street, which is paved to prevent dirt road damage and avoid driving through the residential neighborhood on 24th Street.
Munoz told the supervisors that he was in the process of purchasing two additional lots on Washington Street, so he would have no trouble accessing the road.
herald/review reporter Shar Porier can be reached at 515-4692.
Bill Stein wrote on Nov 22, 2008 7:45 PM: