Dateline: May 22, 2003

City hears complaint on zoning

By Roger Estlack, Clarendon Enterprise

The Clarendon Board of Aldermen is seeking legal advice after a zoning ordinance debate at last week’s regular meeting.

Gary Hunt came before the board concerning his request to build boat storage units on his property at Eighth and Cottage on the west side of town. He said he had contacted a contractor to begin work on the project and then applied for a building permit, which was denied.

City officials say the permit request was denied because land in that area is zoned Residential District-1 and commercial buildings are not allowed.

“I just want to know, are you going to deny me my Fifth Amendment property rights?” Hunt asked.

Alderman Michael Tibbets said he didn’t want to deny Hunt’s rights and read passages from the TML Law & Procedures Manual concerning challenges to zoning powers. He questioned why the city was trying to deny people their livelihoods with zoning ordinances and animal ordinances.

“There’s a reason people work in Amarillo and live here,” Tibbets said. “It’s because we don’t have zoning like in Amarillo.”

According to city records, the zoning ordinance for Clarendon was passed in 1965.

Alderman Tommy Hill made a motion to table the issue, which died for lack of a second.

Alderman Tibbets moved to grant Hunt’s request for a permit. That motion also died for lack of a second.

The board then approved a motion by Alderman Bobbie Kidd to seek the advice of legal counsel on the issue. Kidd and Aldermen Janice Knorpp and Mark White voted in favor. Tibbets and Hill abstained.

In other city business, Theresa Shelton spoke on behalf of the Clarendon Outdoor Entertainment Association and asked the city for help defraying the cost of advertising the Saints’ Roost Celebration. The board voted to give the COEA $1,500 from the Motel Bed Tax Fund.

Alderman Knorpp was appointed to fill a vacant position on the Clarendon Economic Development Board.

R. Paul addressed the board concerning dumping fees at the city’s recycling center. He does not have a pickup but does have a small trailer, and he wanted to know if he could dump once a month with his paid water stub. The board reviewed Ordinance 338 and determined that this is allowed under the code.

Loy Davis was requested to appear before the board and was asked about the mobile homes he was allowed to place at Eighth and Johns. The aldermen asked if had set them on concrete slabs. He said he had not but that he had set them on concrete blocks. Several members of the board thought they remembered requiring him to place them on slabs, but he remembered differently, and since there was no mention of it in the minutes, they took no action.

Frank Hommel addressed the board concerning the future of Thunder Junction. He is offering to sell the park to the city at a cost of $40,000, which is a fraction of the money spent to build the park. The price includes everything except the Ferris wheel, which has been sold, and the land, which is at the beginning of a 99-year lease. The board will gather more information and discuss the theme park further at its next meeting.

Water and sewer tap fees were discussed, and the board voted to increase the fees by $100 for water taps and $50 for sewer taps due to the increased cost of materials.