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Porter family granted conditional use permit with 90-day compliance deadline
Summary
After a public hearing, the Gila County Board of Supervisors approved a conditional use permit for Scott and Kim Porter with a condition that the Porters remedy code violations within 90 days and reapply for a use permit to continue onsite structures and utilities.
The Gila County Board of Supervisors on Feb. 3 approved a conditional use permit (CUPP2510-001) for Scott and Kim Porter with a requirement that the family come into compliance within 90 days.
County planning staff explained the Porters originally had a two-year use permit tied to plans for a primary residence but withdrew their house plans and later accrued violations when additional structures and hooked-up utilities were installed without permits. Planning staff told the board that the Planning & Zoning Commission recommended denial because the applicants had violated prior conditions and the commission lacked confidence the rules would be followed going forward.
At the public hearing, Kim Porter, the property owner, said health problems and family medical crises forced the family to pause home construction and that it was not their intention to ignore permitting requirements. “We pulled our permit… My husband had two major surgeries. I’ve had three major surgeries,” Porter told the board, and said the family still intends to build their retirement home and could remove or disconnect contested items if required.
Board members asked whether the Porters could reapply for building permits and what “coming into compliance” would require. County staff said compliance means obtaining permits for the installed structures and ensuring the property meets the use-permit requirements; if violations remain, the family could be required to disconnect utilities or remove items.
After discussion, a supervisor moved to approve the CUP with a 90-day deadline to cure violations and reapply for a building permit or convert to the standard use permit timeline; a second was made and the motion carried by voice vote. County staff agreed to work with the Porters on the compliance steps.
The board’s action allows the Porters to remain on the property while they pursue permits, subject to the short compliance window; staff will return if the conditions are not met.
