Guest View-Don Bristow: Town Staff Was Wrong To Issue A Permit To LaMesa RV

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"I spoke on the La Mesa RV situation during the first call to audience at last nights council meeting.  In my opinion the Oro Valley Development and Infrastructure Department Administrator should not have approved Vestar's application for a special use permit.  Neither the Rancho Vistoso PAD or Oro Valley's Zoning Codes permitted uses allow this usage.  The Oro Valley Development and Infrastructure Department Administrator may grant temporary modification of Zoning Code requirements (standards), which are elements that apply to a Zoning Code.  In this case the C1 andC2 Zoning permitted uses can not be changed, even temporarily, without following the proper procedures contained in the Oro Valley Codes and Vestar's PAD.  The review and approval procedures for a Use Permit are outlined in Chapter 22 Section 22.5 for the Oro Valley Town Codes.

Additionally, both the PAD and Oro Valley Codes clearly apply only to automobiles.  If the intend was to allow RVs, cargo vans, trucks or any other form of motor vehicle they would have been included.  There is a long history of  unique definitions and legal descriptions for each class and type of motor vehicle. Therefore, it is impossible to claim that any category of motor vehicle can be included within another. As an example, one can not factually propose that an RV can be considered an automobile for Zoning Code or PAD purposes.

I requested that Vestar/La Mesa RV Special Use Permit, MB1300125, be cancelled and if Vestar/La Mesa desires to conduct business at the Oro Valley Market Place they apply for a new permit using the procedures contained in the OV Codes.

Mayor Hiremath directed staff to investigate my opinion."

Don Bristow
Oro Valley Resident
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Thanks for your work on behalf of all of us, Don. 
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