Judge Reverses Council on Zoning Rejection

5 Nov

I have written before about what I see as the Jefferson County Council’s excessive willingness to deny rezoning applications filed by people trying to start new businesses, instead siding with the NIMBY interests of neighboring landowners. On this subject, we had a case last month (16JE-CC00344) in which a rejected applicant sued the county and won, with the judge ordering the council to approve the rezoning request.

It was in April 2016 that the council heard a request by Tony Pona to rezone land at Miller Road and West Outer Road in Imperial from residential to commercial in order to open a mini-storage and boat/RV storage facility. The county staff and the planning and zoning commission recommended approval of the project, but the county council rejected it (see meeting minutes here). Pona filed a lawsuit a month later.

In October, JeffCo judge Troy Cardona sided with Pona, stating that:

The reasoning for the denial was at best conjecture and refuted by the evidence presented. The denial cites to traffic concerns as one of the main reasons for denial, yet such speculation used in the denial was refuted by a traffic study that showed little to no impact on traffic. It has been held that it is incongruous to use existing traffic conditions to limit a property owner to a use which those very traffic conditions have made undesirable.

At the council’s October 23 meeting, it passed the first of three votes of approval of the storage project. This was after moving the vote to the end of the meeting, after a closed session that presumably was used to discuss this case and the judge’s order.

This case goes to show that business owners have avenues to challenge the council if it makes improper zoning denials.

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