Friends’ letter appeals Cielo Madera decision

Friends of Madera Canyon, opposing a housing development near the canyon, says the most recent action to permit it was decided on a split vote procedure “and not on the merits of the appeal.”

Friends called for a rehearing.

The Friends has also filed action in Pima County Superior Court seeking a rehearing.

The Friends most recent action was to write the Pima County Board of Adjustment, District No. 4.

Madera Canyon is southeast of Green Valley, mostly on U.S. Forest Service land.

It’s a favorite of hikers, bikers, bird watchers and others who go there to enjoy its scenic beauty.

The Friends of Madera Canyon argues in the most recent letter that the original Board of Adjustment decision was because of a 2-2 tie vote “and not on the merits of the appeal.”

The conservation group first appealed to Pima County Superior Court July 10 seeking a re-hearing because the 2-2 vote of the Board of Adjustment June 10 had the effect of upholding the county’s planning department.

The department recommended approval of the Cielo Madera conservation subdivision.

In her letter to the Board of Adjustment for District No. 4, lawyer Katharina Richter said:

“A motion to uphold FOMC’s appeal failed on a vote of 2-2.

“The fifth member of the BofA was not present at the meeting.

“The appeal was essentially decided by the default determination of a split vote, and not on the merits of the appeal.”

One board of adjustment member was absent for the June 10 vote.

The new appeal is in a letter to the board of adjustment and to Gregg Hitt, a planner for the Board of Adjustment.

Friends’ lawyer Richter said in the letter that under current zoning the number of houses permitted is actually less than the proposed Conservation subdivision.

Opponents to Cielo Madera also argue that there are proposed roads on the land that do not serve the conservation subdivision and say that’s not permitted.

The next Board of Adjustment No. 4 meeting will be in Tucson, Aug. 12.

jlamb@gvnews.com | 547-9749