And the saga continues.
Near the end of September, Coconino County Superior Court Judge Dan Slayton gave his ruling regarding an appeal by the owners of Son Silver West — finding in favor of the city of Sedona.
The Robson family, longtime owners of the business, had until Oct. 17 to file with the Arizona Courts of Appeals. Had they done so, the city would have had 20 days to file its own cross-appeal. Instead, Robson attorney Francis Slavin filed a motion for a new trial in Slayton’s court.
On Monday, Oct. 23, City Attorney Robert Pickels received the judge’s orders denying the new trial. That document was dated Wednesday, Oct. 18, which gives the Robsons until Nov. 18 to file their motion of appeal with the state. Emails to Slavin and co-counsel Heather Dukes seeking comment were not returned by press time.
In June of last year, the Sedona Board of Adjustments said the issuance of two notices of violations by Community Development Director Audree Juhlin in late 2015 to the Robson family were justified. The Board’s decision was then appealed to the Coconino County Superior Court. Slayton’s September ruling includes the following:
- Plaintiffs shall immediately cease and desist all use of the property [adjacent vacant lot on State Route 179] for parking.
- Plaintiffs shall immediately cease and desist all use of the property [adjacent vacant lot on State Route 179] for commercial purposes including shipping/receiving activities and storage and merchandise.
- Plaintiffs shall remove all outdoor retail display area in excess of the approved 5,000 square feet within 30 days. [Now at 16,000 square feet.]
- Plaintiffs shall remove all enclosed retail area in excess of the approved 2,250 square feet within 30 days. [Now at 5,600 square feet.]
- Buildings A and B as included on the site plan for the recent applications need to be returned to storage sheds and not retail display or other commercial purposes.
- Plaintiffs shall restore 1,950 square feet of the primary dwelling unit back to single-family residential within 30 days.
The Robsons are allowed to keep the Father Kino Chapel, a converted shed that was approved by the city in 1993, for their own personal use without having to revert it back to a shed. However, Slayton ruled it can’t be used for public use unless all the required building permits are issued.
In 1992 the Robsons were granted a conditional use permit for their property located on State Route 179. Because it was operating as a commercial business on a single-family residential property prior to the city’s incorporation in 1988, it is considered grandfathered as a legal nonconforming use.
However, when a nonconforming use occupies a building, expanding the use into additional buildings or land areas is prohibited, a city document states.
The alleged violations on the property include warehousing, manufacturing, shipping/receiving and employee parking, which are not in compliance with the Sedona Land Development Code.
“The city continues to support the legal, nonconforming uses that have been previously authorized for the Son Silver West property,” Pickels said in September. “Our hope is that this ruling will bring us one step closer to compliance with the conditions that were established for the commercial use of this residential property.”