New P&Z approve special-use permit, summary replats and variances in short order

by Kathleen Sloan | June 25, 2020
5 min read
The new Truth or Consequences Planning and Zoning Commission approved everything three applicants asked for, including a special-use permit and two variances that give exemptions to laws on the books.

The first action meeting was held June 24.

The P&Z did not follow the laws that require them to make findings of fact before approving special-use permits and variances. But they were not instructed to either.

City Manager Morris Madrid and Zoning Official Traci Alvarez are responsible for putting together the P&Z packets that include pertinent local laws on applicants’ requests. They submitted nothing about special-use permits and variances to the new board members.

This is the first time the City Commission has appointed members to the P&Z for seven years. In the interim the City Commission has been performing P&Z duties. It hasn’t been bothering with findings of fact for variances and special-use permits either.

Therefore it is questionable if the new P&Z can now start obeying those laws that have been ignored for so long. Any applicant seeking a special-use permit or variance who was denied could cry foul, claiming he or she was being singled out and held to a higher standard than others.

320 BROADWAY

The P&Z held a public hearing on a special-use permit application by Anna Scattoloni and Corrinne Farmer, who own Galactic Digs Gallery and Other Treasures at 320 Broadway.

They want to live and work in the building, using the front half as art gallery, studio and retail space and the back half as living space.

To live and work in the downtown C-1 commercial zone requires a special-use permit.

A neighbor’s objections were emailed to the P&Z and read into the record. P&Z Chairperson Lilla Urban asked if it were fair to not be able to question the opponent.

City Attorney Jay Rubin agreed written statements were objectionable.

The public hearings were conducted using the Battershell procedure. It requires that opponents, proponents, the P&Z, City staff and the public be able to cross examine each other.

Nevertheless, Rubin allowed the opponent’s statement to be submitted as evidence because of the COVID-19 pandemic.

The opponent said his house was across the alley behind the applicants’ building. He bought the house because of its proximity to the business zone. He assumed 320 Broadway would operate as a business, closing at a reasonable hour. He objected to noise at night, cars coming and going through the alley and business and residential parking in the alley. He requested the P&Z keep the building strictly commercial.

P&Z Member James Bush said “There is parking in the front—quite a lot of it. I don’t think parking is an issue.”

The applicants said they too valued quiet.

P&Z Member Rick Dumiak wanted to put a time restriction on the permit—six months or a year—renewal being based on verification that a business was still operating in the building.

“It irks me there are so many businesses downtown that are not businesses,” Dumiak said.

Madrid and Rubin agreed that the City Commission was very concerned that live-work special-use permits given previously had degenerated into downtown residences with shuttered businesses. Both urged the P&Z to put conditions on the special-use permit.

But P&Z Chairperson Lilla Urban said, “I’m not comfortable coming up with a list of conditions.”

“I am unclear what adequate conditions are. Who is deciding? It should be very clear criteria,” Urban said.

Madrid said, “It’s up to staff [to decide] if the business is a going concern versus a residence behind a mask of a business.”

Urban was not persuaded. “I do think it is a bigger subject,” giving examples of a businessperson-resident having an illness in the family forcing them to close. “Would the permit be revoked?” she asked.

Extensive renovations could also keep the building closed, Urban said, and if the permit were revoked the money spent couldn’t be recaptured.

Urban called for a vote on her motion to grant the special-use permit with no conditions and it passed with Dumiak casting the only nay vote.

The P&Z recommendation will go to the City Commission for a final decision.

408, 410 and 412 MAIN ST.

The P&Z held a public hearing on a summary replat and variance application for 408, 410 and 412 Main St.

The applicant was Gerald Bush, P&Z Commissioner James Bush’s brother, the latter recusing himself from the proceeding.

Bush wanted a “walkway easement to lots 13 and 14” in the back of the buildings.

There were no opponents or proponents besides Bush who testified.

P&Z Chairperson Urban asked if Bush owned all three buildings, and if so, why he couldn’t do what he wanted with his property.

Zoning Official Traci Alvarez said Bush did own all three building lots and simply stated all summary replats come before the board.

Bush explained if he sold the corner building on Foch and Main the two interior buildings would have no access in the back from Foch.

A variance was needed because all summary replat applications require the property come up to code, Alvarez said. Since the building lots do not meet the minimum width standard in the C-1 commercial zone, “buildings would have to be torn down” to bring them into conformity.

The P&Z unanimously granted the request to change the lot lines to include a five-foot walkway behind the buildings, which included the summary replat and variance requests.

The P&Z recommendation will go to the City Commission for a final decision.

323 W. RIVERSIDE DR.

The third public hearing was also an application for a summary replat and variance at 323 W. Riverside Dr.

The owner, Russell Wade, wanted to change the internal lot lines “to cleanly separate the houses from the mobile homes.”

Lots 15, 16 and 17 have houses on them and lots 18 through 26 have mobile homes on them in the R-3 residential zone that allows higher density.

Richard Epstein testified as a proponent, stating he was in favor of granting the variance and summary replat “because I want to buy the property.”

A summary replat requires the property come up to code, which includes putting in curb, gutter and sidewalk. A variance from the requirement was requested as a “financial hardship.” In addition, the applicant stated no curb, gutter and sidewalk currently exist along the property.

With no discussion, the P&Z granted the summary replat and variance.

The P&Z recommendation will go the City Commission for a final decision.

author
Kathleen Sloan is the Sun’s founder and chief reporter. She can be reached at kathleen.sloan@gmail.com or 575-297-4146.
Share this:
HAVE YOU SEEN?

Understanding New Mexico's proposed new social studies standards for K-12 students

“The primary purpose of social studies is to help young people develop the ability to make informed and reasoned decisions for the public good as citizens of a culturally diverse, democratic society in an interdependent world.”
—National Council for the Social Studies 

Reader Michael L. Hayes of Las Cruces commented: What impresses me is that both the proposed standards and some of the criticisms of them are equally grotesque. I make this bold statement on the basis of my experience as a peripatetic high school and college English teacher for 45 years in many states with many students differing in race, religion, gender and socioeconomic background, and as a civic activist (PTA) in public education (My career, however, was as an independent consultant mainly in defense, energy and the environment.)

The proposed social studies standards are conceptually and instructionally flawed. For starters, a “performance standard” is not a standard at all; it is a task. Asking someone to explain something is not unlike asking someone to water the lawn. Nothing measures the performance, but without a measure, there is no standard. The teacher’s subjective judgment will be all that matters, and almost anything will count as satisfying a “performance standard,” even just trying. Students will be left to wonder “what is on the teacher’s mind?” or “have I sucked up enough.”

Four other quick criticisms of the performance standards. One, they are nearly unintelligible because they are written in jargon. PED’s use of jargon in a document intended for the public is worrisome. Bureaucrats often use jargon to confuse or conceal something uninformed, wrong or unworthy. As a result, most parents, some school board members and more than a few teachers do not understand them.

Two, the performance standards are so vague that they fail to define the education which teachers are supposed to teach, students are supposed to learn, and parents are supposed to understand. PED does not define words like “explain” or “describe” so that teachers can apply “standards” consistently and fairly. The standards do not indicate what teachers are supposed to know in order to teach or specify what students are supposed to learn. Supervisors cannot know whether teachers are teaching social studies well or poorly. The standards are so vague that the public, especially parents or guardians, cannot know the content of public education.

Three, many performance standards are simply unrealistic, especially at grade level. Under “Ethnic, Cultural and Identity Performance Standards”; then under “Diversity and Identity”; then under “Kindergarten,” one such standard is: “Identify how their family does things both the same as and different from how other people do things.” Do six-year-olds know how other people do things? Do they know whether these things are relevant to diversity and identity? Or another standard: “Describe their family history, culture, and past to current contributions of people in their main identity groups.” (A proficient writer would have hyphenated the compound adjective to avoid confusing the reader.) Do six-year-olds know so much about these things in relation to their “identity group”? Since teachers obviously do not teach them about these other people and have not taught them about these groups, why are these and similar items in the curriculum; or do teachers assign them to go home and collect this information?

Point four follows from “three”; some information relevant to some performance measures requires a disclosure of personal or family matters. The younger the students, the easier it is for teachers to invade their privacy and not only their privacy, but also the privacy of their parents or guardians, or neighbors, who may never be aware of these disclosures or not become aware of them until afterward. PED has no right to design a curriculum which requires teachers to ask students for information about themselves, parents or guardians, or neighbors, or puts teachers on the spot if the disclosures reveal criminal conduct. (Bill says Jeff’s father plays games in bed with his daughter. Lila says Angelo’s mother gives herself shots in the arm.) Since teacher-student communications have no legal protection to ensure privacy, those disclosures may become public accidentally or deliberately. The effect of these proposal standards is to turn New Mexico schools and teachers into investigative agents of the state and students into little informants or spies.

This PED proposal for social studies standards is a travesty of education despite its appeals to purportedly enlightened principles. It constitutes a clear and present danger to individual liberty and civil liberties. It should be repudiated; its development, investigated; its PED perpetrators, dismissed. No state curriculum should encourage or require the disclosure of private personal information.

I am equally outraged by the comments of some of T or C’s school board members: Christine LaFont and Julianne Stroup, two white Christian women, who belong to one of the larger minorities in America and assume white and Christian privileges. In different terms but for essentially the same reason, both oppose an education which includes lessons about historical events and trends, and social movements and developments, of other minorities. They object to the proposal for the new social studies standards because of its emphasis on individual and group identities not white or Christian. I am not going to reply with specific objections; they are too numerous and too pointed.

Ms. LaFont urges: “It’s better to address what’s similar with all Americans. It’s not good to differentiate.” Ms. Stroup adds: “Our country is not a racist country. We have to teach to respect each other. We have civil rights laws that protect everyone from discrimination. We need to teach civics, love and respect. We need to teach how to be color blind.”

Their desires for unity and homogeneity, and for mutual respect, are a contradiction and an impossibility. Aside from a shared citizenship, which implies acceptance of the Constitution, the rule of law and equality under the law, little else defines Americans. We are additionally defined by our race, religion, national origin, etc. So mutual respect requires individuals to respect others different from themselves. Disrespect desires blacks, Jews or Palestinians to assimilate or to suppress or conceal racial, religious or national origin aspects of their identity. The only people who want erasure of nonwhite, non-Christian, non-American origin aspects of identity are bigots. Ms. LaFont and Ms. Stroud want standards which, by stressing similarities and eliding differences, desire the erasure of such aspects. What they want will result in a social studies curriculum that enables white, Christian, native-born children to grow up to be bigots and all others to be their victims. This would be the academic equivalent of ethnic cleansing.

H.E.L.P.

This postmortem of a case involving a 75-year-old women who went missing from her home in Hillsboro last September sheds light on the bounds of law enforcement’s capacity to respond, especially in large rural jurisdictions such as Sierra County, and underscores the critical role the public, as well as concerned family and friends, can play in assisting a missing person’s search.

Reader Jane Debrott of Hillsboro commented: Thank you for your article on the tragic loss of Betsey. I am a resident of Hillsboro, a friend of Rick and Betsey, and a member of H.E.L.P. The thing that most distresses me now, is the emphasis on Rick’s mis-naming of the color of their car. I fear that this fact will cause Rick to feel that if he had only gotten the facts right, Betsey may have been rescued before it was too late. The incident was a series of unavoidable events, out of everyone’s control, and we will never know what place the correct color of her car may have had in the outcome. It breaks my heart to think that Rick has had one more thing added to his “what ifs” concerning this incident.

Diana Tittle responded: Dear Jane, the Sun undertook this investigation at the request of a Hillsboro resident concerned about the town’s inability to mount a prompt, coordinated response to the disappearance of a neighbor. From the beginning, I shared your concern about how our findings might affect Betsy’s family and friends. After I completed my research and began writing, I weighed each detail I eventually chose to include against my desire to cause no pain and the public’s right to know about the strengths and limitations of law enforcement’s response and the public’s need to know about how to be of meaningful assistance.

There was information I withheld about the state police investigation and the recovery. But I decided to include the issue of the car’s color because the individuals who spotted Betsy’s car emphasized how its color had been key to their identification of it as the vehicle described in Betsy’s Silver Alert. Because the misinformation was corrected within a couple of hours, I also included in this story the following editorial comment meant to put the error in perspective: “The fact that law enforcement throughout the state was on the lookout in the crucial early hours after Betsy’s disappearance for an elderly woman driving a “light blue” instead of a “silver” Accord would, in retrospect, likely not have changed the outcome of the search” [emphasis added].

I would also point to the story’s overarching conclusion about the inadvisability of assigning blame for what happened: “In this case, a perfect storm of unfortunate circumstances, many of them beyond human control, hindered the search that it would fall to Hamilton’s department to lead.”

It is my hope that any pain caused by my reporting will eventually be outweighed by its contribution to a better community understanding of what it will take in the future to mount a successful missing person’s search in rural Sierra County.

Scroll to Top