Planning commission approves Love’s as applicant, splits on permitted‑use and harmony findings

The San Juan County Planning and Zoning Commission on remand from Administrative Law Judge Lynn Cresswell voted that Love’s (applicant) was the proper land‑use applicant for the Sunny Acres/Spanish Valley travel‑center proposal and then considered whether the facility is a permitted use under the county’s 2011 zoning ordinance and whether it is “in harmony” with the surrounding neighborhood.

The commission approved a staff recommendation that Love’s is the correct applicant. A motion adopting the staff findings on that question passed on a recorded motion (motion carries on the record).

On the second question — whether the Love’s proposal qualifies as a permitted use under the 2011 Commercial Highway (CDH) rules — commissioners debated competing legal readings of the ordinance. After discussion the commission adopted the staff recommendation finding the proposed travel center is a permitted use in the CDH zone; that motion passed on a 4–3 recorded vote.

Commissioners then considered whether the Love’s travel center is in harmony with the intent of the neighborhood commercial/commercial‑highway zoning. Multiple motions were made and recorded on the question. The commission recorded a vote finding the proposal was not in harmony (motion…