Board affirms hearing officer in Church of the Common Good zoning appeal; RLUIPA arguments rejected on record review

The Coconino County Board of Supervisors unanimously affirmed a hearing officer’s decision on Sept. 23 that found zoning violations at a property associated with the Church of the Common Good and ordered the owner to remedy those violations under the county zoning ordinance.

Pastor Andrew Stevens, representing the Church of the Common Good, appealed the hearing officer’s order. In his presentation the pastor described the property as a religious retreat used by itinerant ministry participants and argued that enforcement of the zoning ordinance imposed a substantial burden on the church’s religious exercise. Stevens invoked the Religious Land Use and Institutionalized Persons Act (RLUIPA) and cited out‑of‑state cases in support of his argument, saying the retreat provides temporary shelter and storage for traveling ministry members.

County compliance manager Mark Stento told the board that inspections over an eight‑month period documented occupied recreational vehicles, makeshift dwellings and outdoor storage of refuse, inoperable vehicles and secondhand materials on the parcel. Stento said the hearing officer reviewed photographic evidence, witness statements and testimony, applied the county zoning ordinance and RLUIPA, and issued a reasoned order. He asked the board to affirm the hearing officer’s decision because, he said, the record contained substantial evidence of violations and the enforcement was a neutral application of the zoning code.

Attorney Rose Winkler explained the board’s standard of review: the board examines whether the hearing officer abused discretion, committed an error of law, or issued a decision unsupported by substantial evidence. After presentations the board deliberated in closed discussion and took a binding vote.

Supervisor Tammy Ontiveros moved to find that the hearing officer did not abuse his discretion; Supervisor Horstman seconded. In deliberations multiple supervisors said they had reviewed the full record, including exhibits and the hearing transcript, and concluded there was substantial evidence supporting the hearing officer’s findings. The motion passed unanimously.

Why this matters The decision leaves the hearing officer’s compliance order in place; the county’s code enforcement process and remedy schedule remain effective unless subsequently modified by the board or a court. The case highlights tensions that can arise between land‑use enforcement and claims of religious exercise when a group’s practices involve temporary dwelling or campground‑style uses.

Key legal and factual points - Legal standard: The board reviewed the hearing officer’s decision under the abuse‑of‑discretion standard, as explained by county counsel. That standard asks whether substantial evidence in the record supports the hearing officer’s determinations. - Reporter’s note: The church argued application of RLUIPA; county staff argued that neutral, generally applicable zoning rules do not amount to a substantial burden on religious exercise as applied here. - Evidence cited by county staff included multiple inspections, photographs and statements showing RV occupancy and outdoor storage; the hearing officer found some testimony by the church implausible in light of the record.

Provenance - topicintro: transcript excerpt where the appeal is introduced and the parties are recognized (s=2491.3298–s=2531.565). - topicfinish: transcript excerpt recording the board’s motion to affirm the hearing officer and the unanimous vote (s=4095.2048–s=4116.23).