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  Regular Agenda Item     3. F.    
Regular BOS Meeting
Meeting Date: 06/18/2019  
Submitted For: Scott Buzan Submitted By: Scott Buzan, Community Development Director
Department: Community Development Division: Planning and Zoning

Information
Request/Subject
Request that the Board of Supervisors accept the surrender of Conditional Use Permit No. 14-02 by Ray Stephens on May 2, 2019.
Background Information
On May 6, 2014, the Board of Supervisors approved Conditional Use Permit No. 14-02 to operate a wine-making business - Trident Winery (production) in the basement of Mr. Stephens's residence located at 3465 Harps Way in Pine AZ.  In July 2017, Mr. Stephens began offering wine tours with onsite wine consumption and retail wine sales at the Harps Way property.  On July 28, 2017, Gila County Code Enforcement opened a complaint for the zoning violation of offering wine consumption and sales in a R1 zoned district without an approved Conditional Use Permit.  This complaint progressed through the complaint procedure process including a hearing in front of the Hearing Officer, an appellate review before the Board of Supervisors and, lastly, in front of Judge Gary Scales in Superior Court.  The County and Mr. Stephens with the encouragement of Judge Scales entered into a mutual release and settlement agreement on May 2, 2019, rather than continue to incur the time, expense, and uncertainty of further litigation.
Evaluation
The County's zoning complaint asserted that the offering of wine tours with onsite wine consumption and the retail sale of wine on the Harps Way property was a violation of Conditional Use Permit No. 14-02 and Gila County Zoning Ordinance No. 2014-04.  Mr. Stephens agreed to termination of the winery operations or any liquor-related business on the Harps Way property including wine production as a condition of the settlement agreement.
Conclusion
With the termination of winery operations at the Harps Way property, the County achieved its objective to have onsite wine consumption and retail wine sales discontinued on the residentially zoned property.  Although not requested by the County, Mr. Stephens surrendering his Conditional Use Permit for production was gladly accepted.
Recommendation
It is recommended that the Board of Supervisors accept the surrender of Conditional Use Permit No. 14-02.
Suggested Motion
Information/Discussion/Action to accept the surrender of Conditional Use Permit No. 14-02 by Ray Stephens on May 2, 2019.  (Scott Buzan)

Attachments
CUP-14-02
Settlement Agreement
Order to Approve

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