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Board reverses Planning & Zoning and approves two guest units at North Cherokee Trail property
Summary
The Board of Supervisors overturned a 3–4 Planning & Zoning Commission denial and granted a special-use authorization to permit two guest lodging units at 163 N. Cherokee Trail, voting 2–1 after an appeal by owner Michael Clement.
The Cochise County Board of Supervisors voted 2–1 to grant an appeal by property owner Michael Clement and approve two guest lodging units at 163 North Cherokee Trail, reversing a 3–4 decision by the Planning & Zoning Commission.
Staff had recommended conditional approval of docket SUA 24‑19 subject to two conditions: observance of quiet hours — 10 p.m. to 6 a.m. — for paying guests, and prohibition of street and head‑in parking along Tequila Trail. Planning and Zoning denied the request (3–4) after concerns about density and neighborhood character; the commission’s decision referenced the community’s existing lot sizes and adjacent higher-density residential areas.
At the county hearing, Planning & Zoning staff described the property as an RU‑4 parcel within a development of 4‑acre lots near one‑acre and smaller lots to the west, and said approval would permit up to four dwellings on the 4‑acre lot (one dwelling per acre). Staff noted an accessory living quarter (ALQ) had been approved in November 2024; the applicant proposed converting a garage and shed into two guest units.
Applicant Michael Clement told the board the structures already exist and said his requested use would not introduce new buildings or increase built acreage. He said initial occupants would be family members and said the units are “permanent” and “not going anywhere.” Clement offered to drop one element of his request (the garage conversion) as a compromise to secure approval of the smaller unit.
Supervisor Crosby moved to grant the appeal, arguing staff had recommended approval and noting the structures were in place. After a second, the board voted; one supervisor recorded a nay and Supervisor Gomez broke the tie by voting aye, producing a 2–1 approval. The board did not modify the staff‑recommended conditions in the motion; the motion as approved allows the guest lodging authorization with the conditions recommended by staff.
The board instructed staff to file the decision consistent with zoning regulations; staff noted the board must state factual and legal bases when reversing the commission, and that the board could have chosen to approve only one guest unit as a modification. The decision reverses the Planning & Zoning Commission on SUA 24‑19 and authorizes the guest lodging uses under the conditions discussed.
