July 14, 2013

RE:  Docket  SU-13-07 (Van Wart Appeal)

Cochise County Board of Supervisors:

I am writing you in regard to the above Appeal scheduled to occur in Bisbee Arizona on Tuesday, July 23, 2013.

My wife and I own the property to the north of the Van Warts and I am the conservator for Nathan Properties, first lien holder of the property to the south of the Van Warts.  As you know, these three parcels were subdivided from the original 13.40 acre parcel.  For the sake of clarification, I will refer to these properties as Parcel A and C respectively and the Van Warts as parcel B.

I am writing you now as I have only recently been informed of additional pertinent information regarding the storing of port-a-lets and storage of biological waste on Parcel B.

In March, my wife called and spoke to Ashley Van Wart by telephone prompted by a letter we received from them regarding their intentions to store port-a-lets on their property.  At the time, it was explained to us that the sole intent was to store anywhere from 2 to 27 port-a-lets on their property.  We were told that the port-a-lets would arrive to and leave from the property clean.  We specifically asked whether biological wastes would be brought onto the property and or the port-a-lets cleaned off on the property.  We were assured that no biological waste would be handled on or transported to/from the property.  Based on this conversation, we wrote a letter in support of a Special Use Permit.

On July 7, 2013, we were in receipt of additional information which states that the proposed Special Use Permit would include storing and transfer of biological waste on the property.  Additional, more comprehensive, information was also provided.

In review of this information, the following concerns are identified:

1.   The actual existence of a biological waste holding tank.  Subsequent to that, the holding tank ports have no sink and or concrete drains around them to ensure sanitary transfer of biological waste.  This raises concerns about whether or not the underground tank meets code as it does not appear, from the information that we have, that it was inspected and permitted prior to being installed.

2. The open carport which houses the three pumping trucks is built 25’ rather than the required 40’ from the southern property line between lots B and C.  This poses a negative visual impact from Parcel C (from south to north).

In light of the two concerns above, we must repeal our support for the Special Use Permit in question.  These factors pose sanitary, safety risks and may negatively affect property values/marketability.


James B. Hayes and Marion D. Hayes
Parcel #124-41-005G
James B. Hayes, conservator Nathan Properties
Parcel #124-41-005J