Nearly three years ago, the neighbors decided that they were going to operate a donkey rescue. Last night, the case was presented to the Bernalillo County Commissioners.
It was an interesting proceeding. The Order of Presentation was, as follows:
- Staff presentation - 5 minutes
- Appellants presentation - 25 minutes
- Opponent(s) presentation - 30 minutes
- Appellant's summation or rebuttal - 5 minutes
- Appellant's and opponent's questions - 5 minutes (moderated by the Chair)
- Staff closure - 2 minutes
- Board discussion and questions
- Action
Nick Hamm, the Zoning Commissioner who made the initial ruling, informed the Commissioners that the 20% rule was applicable based upon a petition from the opposition. The 20% rule is an interesting thing and, to tell you the truth, I'm not exactly sure how it works. Zoning has a formula to determine if those signing the petition make enough of a force to make the rule applicable. The only ones who can sign the Petition of Opposition are those whose homes are either within 100 feet or abutting the land seeking the zoning change. In addition to the petition, a print out of the Zoning map for those properties needs to be submitted with it and on that plat, the signatories need to be indicated on the plats of land that they occupy. Of the 8 plats of land that fit the criteria, 6 signed the petition. What application of the 20% rule does is require that a "super majority" of the Commissioners vote to overturn the decision of the Board of Adjustment. In other words, to overturn the previous decision of denying the conditional use permit, 4 of the Commissioners were needed to vote FOR the appellants.
For more info on the 20% rule, click here!
The vote was taken and the Commissioners in a 4 -1 ballot voted against granting the neighbors a conditional use permit. The vote was based upon testimony that has been presented at zoning meetings, in letters, in front of the Board of Adjustment, and that which was stated last night.
Hopefully now, the neighborhood can begin to heal.
