INTRODUCTION - The City of Phoenix held a stealth hearing on 10/19/04 to trash the provisions of Section 708 of the Zoning Ordinance. The purpose of the hearing was to improperly issue a use permit for The Center, which facilitates the illegal hiring of undocumented workers.
DETAILS - While two of us were attending a Zoning Administrator hearing at City Hall on 10/19/04 on an unrelated matter, we accidentally discovered about three hours prior to the fact that a Zoning Administrator hearing on The Center was scheduled for 2:30 that afternoon. The hearing was to cover the following:
Despite the totally inadequate notice, we were able to get 6 others besides ourselves to get down to the 2:30 hearing to testify in opposition. To her credit, the Zoning Administrator denied the request to extend The Center use for 5 years based on her correct conclusion that such a request didn't meet any of the four required variance tests (all of which must be met) of the Zoning Ordinance; however, she erroneously granted a one-year extension of the use permit citing Zoning Ordinance Section 708.C.1. as the authority to do so. Her action was directly contradictory to the provisions and intent of this Section which reads as follows:
"The Zoning Administrator will establish the time period in the use permit hearing that shall not exceed twelve months. A time extension of no more than twelve months may be granted only through an additional use permit hearing."
The granting of the use permit at the 10/19/04 hearing will be the third year The Center has operated under a temporary use permit.
BOARD OF ADJUSTMENT APPEAL - On 10/25/04, we filed an appeal against the Zoning Administrator's decision. The appeal date at the Board of Adjustment has been set for 12/2/04.
WHY SHOULD YOU CARE? - You should care, because despite protests to the contrary that the Center is just a pilot program that is not intended as a model for other parts of the City, the Arizona Republic has hinted a similar Center at 36th Street and Thomas would be a good idea. Further, such a concept was alluded to in past testimony by a representative of Neighborhood Services. Lastly, Salvador Reza as he was testifying in
support of the new use permit on 10/19/04 let the words 36th Street and Thomas slip. His direct words were as follows:
"They would be on the corner of a McDonalds and on the corner of, ah, 36th and Thomas, ah, I'm sorry 36th and Thomas is already full".
You should also care, because all of the problems that were originally identified with The Center, still exist.
HOW CAN I HELP? - By attending the 12/2/04 hearing and filling out a card indicating that you support the appeal, and are opposed to the granting of the use permit. The particulars are as follows:
Date: Thursday - 12/2/04
Time: 1:00 p.m., but you should be there by 12:45 p.m.
Place: City Council Chambers on 200 W. Jefferson Street
Phoenix - This is the round building behind the Old City Hall building. You can park in the City garage off of 4th Avenue.
The BOA secretary will stamp your ticket
We had 40 at the last hearing. It would be good to have at least this number on 12/2/04. Questions may be directed to Paul Barnes at 602-840-1579 or to his email address at pbarnes32@cox.net.
Note: Posted as a public service -- Not an American
Patrol meeting/event
