The Final Chapter?

I'm hoping that last night was the final chapter in the sad, sordid drama which has rendered this neighborhood.  People who used to call each other friends, now do not speak or worse, they lie about those with whom the disagree. It's a sad, sad day.  But, perhaps, we are looking at the final chapter in this drama.

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:

1. Staff presentation - 5 minutes
2. Appellants presentation - 25 minutes
3. Opponent(s) presentation - 30 minutes
4. Appellant's summation or rebuttal - 5 minutes
5. Appellant's and opponent's questions - 5 minutes (moderated by the Chair)
6. Staff closure - 2 minutes
7. Board discussion and questions
8. 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.

Where do we go from here...

Well, the neighbor's appeal of the Zoning Commissioner's ruling was heard by the Bernalillo County Board of Adjustment.

A goodly number of their supporters were there, speaking for them. Supporters included neighbors up the street, whom we have never met, and others who have seen fit to call me a liar and worse throughout this entire process simply because I do not want to live next door to a livestock rescue.  The air was heavy with tension and the ill feelings were palpable, so much so that after the hearing, when I found myself in danger of being left alone with them, I asked my neighbors, Karen & Terry, to please walk with me to the garage.

After they and their supporters spoke, it was our turn.  Concerns voiced included: noise, flooded pens, soiled rainwater run off, numbers of animals, the previous online threats made by the appellants, etc. It is truly a nasty business which has set neighbor against neighbor. The County Line Neighborhood Association, an entity which has extended invitations to those in the neighborhood who are in favor of the operation, also opposes the rescue as voted upon by the active members and that was made clear at the hearing.

After all sworn testimony had been heard, the Board members cussed & discussed the issue. I believed that Ms. Barbour was going to vote for them as she was the one who made the previous motion to give them another deferral.  It was obvious that the Chair, Mr. Carrillo (?), was supportive of them.  And, another member, Mr. Chavez, commented how it is beholden upon people to care for and to help animals (or something similar) and how much he tried to help animals.  "Oh great," I thought, "Here it comes.  They are going to be approved."  Much to my stunned surprise, Ms. Barbour motioned that they be denied the conditional use permit and, excepting the Chair, the Board upheld the Zoning Commissioner's ruling!

As many, including myself and my husband, in the opposition camp have stated throughout the process, we are not against donkey or animal rescue. We are against the establishment of a livestock rescue business, regardless of species, in a residential area where most properties are about 2 acres in size. An operation of the size they are running needs more acreage and many fewer neighbors. In the past 20 years, since we've moved here, at least 20 new houses have been erected within a 1/2 mile circumference of the neighbor's property. This is not the right location.

Now, the question is, where do we go from here.  Will they be filing another appeal, this time to the County Commissioners?  Will they cease operations?  Will they move?  Will they continue doing business as normal?  Will the County issue them a 'cease and desist operations' letter? So many, many questions.  Guess we'll be finding out sooner or later.  For now, I'm just glad this is somewhat over.