Madera group might need new grounds for appeal

The conservation group Friends of Madera Canyon wants the county’s Board of Adjustment for District No. 4 to rehear arguments against a proposed development near the entrance to the popular recreation site.

On a 2-2 vote in July, the board of adjustment denied the appeal. One member was absent.

The planning department had ruled in favor of the 180-house development, and on the appeal to the Board of Adjustment that decision stood.

Friends of Madera Canyon have filed an appeal in Superior Court to overrule the Board of Adjustment’s decision, and also asked the board to reconsider.

Earlier, Pima County’s planning director, Arlan M. Colton, had said the issue would be put before the District 4 Board of Adjustment members at the August meeting, and if they decided to rehear, that would occur in September.

However, Colton’s July 24 letter to board members said the appeal appears to cite new evidence that more houses could be built under existing zoning than had been proposed. Consequently, it’s a new issue.

And introducing that now may not actually be an appeal of the board’s original decision.

Colton’s letter said what’s described as new evidence should have been presented at the July meeting. He said information in the new request “does not appear to be germane to the requests made for the original interpretation.”

If the Friends want to appeal on the evidence, he suggested, “it would need to be in a separate, new application, as it would not otherwise properly be before the Board of Adjustment for consideration.”

The Board Adjustment for District No. 4 next meets at 1:30 p.m. Tuesday, Aug. 12, at the County - City Public Works Center, basement room C., 201 North Stone, Tucson.

jlamb@gvnews.com | 547-9749