County sticks by its car lot decision

Thursday, Feb. 22, 2001 | 11:41 a.m.

It will be back to court for opponents of a disputed car-sales operation on West Sahara Avenue.

The Clark County Commission reaffirmed Wednesday a July decision that was sent back to the commission by District Court Judge Michael Cherry in January.

The commission's July decision approved zoning to allow a 10-acre car sales operation at Sahara and Tioga Way, near the intersection of Sahara and Buffalo Drive. The approval came despite protests of nearby residents and a recommendation to deny the permit from county planning staff.

Cherry asked for clarification on issues of the state's Rural Neighborhood Preservation area. The state statutes limit intensive development in those zones and surrounding buffer areas.

Cherry said commissions need to identify whether the car lot is within a preservation zone buffer area, and how a car lot would serve as a buffer.

County zoning maps indicate that the West Sahara location is in a Rural Neighborhood Preservation zone buffer area.

Deputy District Attorney Robert Warhola said the commissioners had only two issues to consider: Whether the area is within the buffer zone, and if so, is the zoning appropriate.

He told commissioners that the second issue wasn't really important. The zoning map doesn't represent the protected zones.

"It's just a map (the planning department) publishes that indicates a property might or might not be in an RNP area," he said.

Warhola added that the Legislature couldn't have meant the zoning law to apply to areas previously zoned commercial, as the West Sahara property was.

"The Legislature did not have the authority to 'downzone,' " he said.

Commissioner Erin Kenny, who represents the area, agreed. She said that numerous conditions designed to protect nearby residents could be lost if the commissioners overturned their previous decision.

The developer, Sonic Automotive, could challenge any reversal and win, while vacating the earlier conditions, she said.

The commission voted 5-0 to reaffirm their earlier decision.

Garry Hayes, an attorney representing residents of the area, said the case isn't over. The opponents to the car lot have a hearing before Cherry on March 12.