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Board of Adjustment approves reduced setbacks for horse corral at 1421 North Cemetery Road
Summary
The Cochise County Board of Adjustment approved a variance allowing a horse corral and shade structure at 1421 North Cemetery Road to sit closer to property lines than zoning rules allow, with conditions limiting animals and requiring regular clean-up.
The Cochise County Board of Adjustment voted to approve a variance allowing a horse corral and shade structure at 1421 North Cemetery Road to be located closer to property lines than the county's zoning regulations normally allow.
Staff presented the application, identified in the record as docket BAR25-03, saying the request would reduce the 50-foot minimum setback required for a corral and corral shade structure under “section 2.510.13 of the zoning regulations.” Planner Sherman told the board the property, tax parcel number 20847043, is in an R18 residential zoning district and is approximately 1 mile northeast of Benson. Sherman said the applicant submitted a site plan showing an approximately 2,400-square-foot horse corral with an approximately 120-square-foot shade structure and noted that staff mailed 20 notices to property owners within 300 feet and received seven responses in favor and two in opposition.
Applicant Joseph Valentine told the board the horse, named Stormy, has been kept in the current corral location for 12 years and said moving the animal would cause pain because Stormy has arthritis. “Standing in pins tends to get arthritis. Stormy has arthritis, and to shrink him down into another pin is to cause him agonizing pain,” Valentine said. Valentine said the corral has been maintained, that neighbors nearby have shown no problem, and that the location allows the animal room to move.
Two nearby residents spoke during public comment. Randall Lawrence said he was not told by the applicant about the corral’s setback from Cemetery Road and objected to reducing the required setback to zero feet, calling the request “an extreme violation” of the zoning law. Joanne Mazza, a longtime resident, told the board she and other longtime neighbors tolerate rural uses such as horses and said residents moved to the area for that character.
Sherman discussed the variance criteria the board must consider, including hardship and whether the hardship was self-created, and said staff found the request met five of the required criteria. Sherman noted the closest residence is at least 60 feet from the corral and that a stockade fence separates that residence from the corral. Based on those factors, staff recommended approval with conditions including regular cleaning of the corral to prevent odors and flies and a limit of no more than two horses on the property.
Board member (motion) moved to approve docket BAR25-03 with the staff-recommended conditions; another board member seconded the motion. The board voted in favor; the minutes record “Aye. Motion carried.” The record does not list individual roll-call votes.
The approved variance reduces the minimum required setback for the horse corral and corral shade structure along the south property line to 0 feet and to 5 feet along the west property line adjacent to Cemetery Road, subject to the board’s conditions. The planning staff told the applicant he would be contacted by staff (mister Taylor) about next steps and a notice of action would be mailed.
Why it matters: The decision allows a longstanding corral to remain close to property lines under limited conditions and sets animal-number and maintenance limits intended to reduce odor, flies and neighborhood impacts. The board’s approval reflects staff’s finding that five of eight variance criteria were met and the receipt of multiple letters of support.
