Expert: Judy Hedding - 12/18/2003

Question
Judy, OK,, here goes, I live in Prescott Az, our City council recently just passed a "Special Use Permit" to allow for a height excemption of an extra 32 feet, to a group of "Investors". City code allowes for a 50 foot tall building, but with the recently passed Special use permit, they, the  Investors can now build an 82 foot tall structure. There is an Individual who is trying to gather signatures to   bring this matter to a Referendeum. Problem is, the City attorney says the passage of the Special Use Permit is an Administrative Act, not a Legislative Act, therefore, collect all the signatures a person wants, but the City will not put the matter to the public for a Vote. Hmm I thinks to myself, so here I'am Judy, asking you to please give me some guidance and help, and hopefully some answers.For I'am against this 82 foot tall building, and a whole lot of other people are also.Note; the City Attorney said there was case law to support his stance, but would not mention what cases by name, at least this is what I was told. Thanks again Judy. Jim Jensen  

Answer
Well, Jim, I'll tell ya. I'm not an attorney, nor do I play one on TV! Seriously, I don't know the answer to your question, but if I was in your position I would contact
1. the City Council person for my area, since it was the City Council that considered the issue to begin with. Here's a web site in case yu don't have a phone number:
http://www.cityofprescott.net/Directory/index.cfm
2. The Yavapai County Permitting and Compliance people. Here's the web site:
http://www.co.yavapai.az.us/departments/Dev/div/pc/DSHome_PERMITTING.asp

Clearly, you want to do more than tell someone that you are against the building. Specifically, you want to know what recourse, if any, there is to the decision to issue the permit.

Good luck!