CREMATORIUM---- UPDATE

Our friends & neighbors who are fighting for their rights against the proposed crematorium in close proximity to their homes wanted us to know the latest news on this issue.

They have hired an attorney to protect their rights, and the following is the latest update as presented by Brenda & Larry Ryan.

Explanation of Legal Action to Date

Late January 2007: We were surprised to learn that the Town Council had approved the construction of a crematory in conjunction with the development of a funeral home on property zoned C-1 in the Rancho Vistoso Community Two. Our concerns regarding the crematory use are based upon the damaging effect of a crematorium adjacent to our homes, the pollution it causes and ill effects on our health; the property devaluation because of its pollution and those effects, and the basic disregard by the Town of Oro Valley for the original and amended zoning restrictions for this site. A crematory is not listed in the Oro Valley Zoning Code as a permitted use in the C-1 zone. The only funeral related use permitted in the Zoning Code in the C-1 zone is a “funeral chapel.” Prior to 2005, a funeral chapel in the C-1 zone required a conditional use permit. However, in December 2005 the TOV Mayor and Council amended the Zoning Code to remove the requirement of a conditional use permit for a funeral home. February 5, 2007: A group of us met with Town officials, including the Planning and Zoning Administrator and the Town Attorney to discuss how a crematory came to be approved for the site. We were told that the Town’s Planning and Zoning Administrator had previously issued a zoning opinion that a crematory was an “analogous” use to a “funeral chapel,” which is a permitted use in C-1. There had been no public notice of this zoning interpretation. February 22, 2007: Our attorney had prepared an Appeal to the Board of Adjustment the decision of the Oro Valley Planning and Zoning Administrator. This Board is comprised of volunteers who are appointed by the Town of Oro Valley Council to review zoning decisions made by Town officials. The appeal is authorized by Arizona statute, and is the statutory method to challenge a zoning interpretation. Our position for the appeal is that a crematory is not a use permitted under the zoning code in the C-1 zone. TOV Attorney Melinda Garrahan refused to accept the appeal. A letter followed from TOV, which stated that the crematory was not an analogous use, but rather an “accessory” use to a funeral chapel, and therefore was permitted in the C-1 zone. The developer, however, has admitted that the crematorium is a primary use to make his business profitable. March 8, 2007: In an attempt to exhaust all administrative remedies, our attorney prepared an Application for Appeal to the Design Review Board to appeal the decision to allow the Crematorium on this C-1 site as permitted under the Rancho Vistoso Planned Unit Development plan. Town Officials also rejected this application. March 21, 2007: Our attorney filed with the Pima County Superior Court a Special Action Complaint in Mandamus, which is a court action to require a public official to perform an act the official has a duty to perform – in this case the duty of the Town officials to accept our appeal and the statutory duty of the Board of Adjustment to hear the appeal. Our attorney also filed an “Order to Show Cause” requesting a speedy hearing before a judge regarding our rights of Appeal to the Board of Adjustment. The Complaint and Order to Show Cause states that our rights under the Arizona Constitution and the U.S. Constitution were breached when we were not allowed an appeal by the Town of Oro Valley. If, at the hearing the judge affirms our right to appeal to the Board of Adjustment, then we will re-file the Appeal and go before the Board to explain our concerns and present legal arguments in support of our position that a crematory is not a permitted use in the C-1 zone. If the judge denies our request, we can appeal the judge’s decision.In 2007, the TOV zoned the parcel at the corner of La Canada and Tangerine (diagonally across from the Oro Valley Post Office) to be a C-1 with the specific restriction that there can be NO funeral home. It appears that TOV capriciously zones property to suit the whims of the Council. One can only wonder why the Town of Oro Valley keeps changing the reasons and guidelines as to why this crematory project was permitted by them in the first place.