A Strawberry Realtor got a scare after building a 144-square-foot office without getting a Gila County building permit or zoning approval.
Kimberly Brennan built a 9x16-foot office in the mistaken assumption it qualified as an accessory building – which doesn’t require a permit under the Gila County rules. However, as soon as she added electricity – she needed a bunch of permits and approvals.
Last April, the county planning staff discovered she was building the little office in her back yard fronting the highway without a permit – and immediately issued two stop-work orders.
She applied for the needed permits.
The planning staff recommended the county reject the request, because the odd, triangular lot didn’t give her enough room to comply with the normal setbacks for a “habitable” structure.
On Nov. 17, the planning commission took up her case. Brennan said she just wanted some space to work and store documents. She didn’t plan to have clients come into the tiny office.
The Planning Commission ignored the staff recommendation and approved the structure on a 7-1 vote, with a long list of conditions. She promised to submit a building and engineering plan, avoid any future encroachments, put no other structures on the property, submit an approved design, promise not to connect the structure to the septic without another permit and abide by all other relevant regulations.
And so in the fullness of time, the dispute came before the Gila County Board of Supervisors at its Jan. 17 meeting.
County planning staff again recommended rejection. The staff report observed the situation amounted to a “self-imposed hardship, due to not obtaining a building permit or asking community development prior to starting construction.”
A contrite Brennan pleaded her case.
“It’s not a big office,” she said. “These days people don’t typically meet their clients in the office – and they sign documents online. When I started construction, I didn’t realize that accessory building means no electricity. I understand when you don’t follow the ordinance, the staff has to recommend denial. But they have a series of conditions I’m ready to meet. This was an oversight on my part – and I have engineering ready to go. I hope you will approve my tiny office and let me continue to work in Strawberry.”
“I was wondering what kind of office you’d have without septic. Are they going to have a port-a-John?” asked Supervisor Tim Humphreys.
Nope, said planner Randall Pluimer. No septic and no portable potty allowed.
Supervisor Steve Christensen asked, “So the planning commission essentially said, let’s approve it but work this out and get it into compliance?”
Right, said Pluimer.
And the supervisors agreed 2-1 that sounded reasonable. Humphrey voted in opposition.
So sometimes you can fight the bureaucracy – providing you can wait 10 months, attend enough hearings and apologize really nicely.
This has no negative impact to anyone. Codes and rules are very confusing and she made an error. Government is not in the business to PUNISH people but find solutions. Good job and the right decision.
The BOS was wrong. We have rules for a reason and when we have two different sets of rules then they have no meaning. I'm surprised a real estate agent didn't know better.
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This has no negative impact to anyone. Codes and rules are very confusing and she made an error. Government is not in the business to PUNISH people but find solutions. Good job and the right decision.
The BOS was wrong. We have rules for a reason and when we have two different sets of rules then they have no meaning. I'm surprised a real estate agent didn't know better.
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Keep it Clean. Avoid obscene, hateful, vulgar, lewd, racist or sexually-oriented language.
PLEASE TURN OFF YOUR CAPS LOCK.
Don't Threaten. Threats of harming another person will not be tolerated.
Be Truthful.
Be Nice. No name-calling, racism, sexism or any sort of -ism degrading to another person.
Be Proactive. Use the 'Report' link on each comment to let us know of abusive posts.
Share with Us. We'd love to hear eyewitness accounts, the history behind an article. Real names only!