Commission votes to limit dwelling units

Nye County Commissioners voted 3-0 to pass an ordinance mandating one dwelling unit per lot, but excluded recreational vehicles and set a two-year sunset clause to revisit the issue.

Commissioners Cameron McRae and Dick Carver were absent. McRae had school district business, while Carver is recovering from a brain tumor.

"This obviously, by the people in this room, is an extremely contentious issue," said Commissioner Henry Neth, who proposed the ordinance.

That was an understatement in an almost three-hour, hotly debated discussion, in which many in the standing-room only crowd of about 150 shouted at commissioners and applauded when opponents spoke against it.

Neth said residents who want to allow relatives to live on a second dwelling on their property can apply to the state for a hardship variance. The Pahrump Regional Planning Commission voted not to take a stand on the ordinance last week. The county redefined a "lot" as a parcel to include fixed, legal boundaries and a legal means of access or a space within an approved RV park.

The ordinance states the regulation must take into account the potential impairment of natural resources. It states multiple dwellings placed on lots have become a technique where property owners circumvent board requirements for water rights and road construction related to land divisions.

Ron Williams, head of the Nye County Planning Department, told commission chairman Jeff Taguchi the rationale for the ordinance was to make up for a lack of regulation at the state level. A May 22 letter from Galen Denio, manager of the state public health engineering department, said he erred in interpreting that only one septic system is allowed per lot, the regulations mean only one septic system is allowed on a lot with at least an acre that contains one single-family dwelling regardless of whether the lot is legally defined.

"The attorney general's office finds there's no prohibition toward providing more than one well or one septic on a piece of land," Williams said.

Nye County Planner Cheryl Beeman quoted from the letter in which Denio threatened, "continued degradation of the quality of drinking water to the point where water quality standards are exceeded could result in the immediate (and very expensive) requirement by the Nevada Division of Environmental Protection to install a wastewater collection system and treatment plant."

Residents quickly lined up in opposition to the ordinance, mostly because they had relatives to care for on separate homes on their lot. Some said they were on a "hit list" reproduced in back of the room, which contained property owners on a Nye County Assessor's list who had more than one dwelling per parcel.

Clarice Shirley, owner of the Water Hole Bar, said she has three dwellings on a 2.5-acre lot with two septic tanks and one well.

"I have my sister who is 80 years old, she lives with my brother who is 74 years old. I also have a nephew who is living on my property who is mentally challenged," Shirley said. "When I moved here I didn't have all those people living with me but I do now. I don't know why they're putting them out on the street and making them street people."

Shirley said nobody came to her residence and checked her well water. "I don't believe anyone has proved to me that the quality of water is suffering in Pahrump Valley," she said.

Butch Borasky said he's been installing septics for 25 to 30 years which are designed for a four-bedroom home, with 1.5 people per bedroom. A septic tank consists of a 1,250-gallon tank with a 100-foot leach field, he said.

"You have a few places with slumlords where you have five, six, seven, eight families on one system. If you want to go after someone, go after them first," Borasky said. "There are no wells being polluted here. It's a scare tactic somebody keeps putting out there. It's not happening, there's not that many failed septics in this town."

Borasky said when he moved to Pahrump it was common practice to have two homes on one lot, the other home was typically for a dependent family member.

Arlene High, who works for Progressive Choices, an organization helping the mentally handicapped, said she's concerned about a lack of regard for the less fortunate on the county commission, which recently voted against tax breaks for an affordable housing project.

"This bill does not affect anybody who has a medical hardship who has followed the law and got an exemption for their parent, their child, anybody they want on their property," Neth replied.

"Are you going to pay for it Henry?" Harley Kulkin shouted, while standing in line. Kulkin was almost removed from the meeting by sheriff's deputies.

County Commission candidate Patricia Cox said an opinion on the ordinance is needed from the Nevada attorney general's office.

"A lot of this has happened because we do not have a master plan," Cox said. "We need to have zoning in place and a master plan in place before any other variances come through."

"I came here and so did everybody else because it fits in our financial picture," Kulkin said. "We all try to live here with dignity with what we have.

"So they put two mobiles on one septic tank. It's not against the law," Kulkin said. "I live on 20 acres. You want to tell me I can have one house on it?"

Bill King said a "granny flat" law like that used in California would fit Pahrump's situation.

"I want to be able to take care of my 88-year-old mother on my property as soon as she can come out here," he said, "as long as I don't mess up my well or my neighbor's well because that's my obligation as a good citizen."

Darrell Crooks said real estate people told him he could buy a piece of property in Pahrump where it's unrestricted, he could do whatever he wants with it.

Pahrump Town Board candidate Chuck Taylor said the county should grandfather in existing uses, then restrict property owners to one dwelling and septic system per 1.25 acre lot.

"If we don't do this the federal government is going to come in here and they're going to start dictating to us," Taylor said.

Town board member and Realtor Paula Glidden said she agreed with the complaining residents.

"We shouldn't be throwing the baby out with the bath water," she said. "We're trying to make this a better place for everybody."

"We've got to go from today and move forward or we're going to be here two years from now talking about the same thing," Glidden said.

Kulkin led residents in a show of hands who oppose the ordinance. "They don't want it! Don't insult me as a veteran for what I fought for!" Kulkin said.

"The end point has been very clouded over and lost today," Neth said. "State law says one single-family dwelling per septic tank."

While admitting there aren't any contaminated wells in the valley yet, Neth said, "The water table in Pahrump Valley has dropped significantly in the last 20 years. One of the reasons the parcelling ordinance is in place to help us slow down that process."

Neth said he'd be willing to ask the Nevada Division of Health to require a set number of fixtures per septic tank and allow Nye County to grant a hardship variance allowing elderly or handicapped relatives to live in a second dwelling on a lot instead of the state.

"Would you rather have us wait until there's contaminated wells? Then it's too late to do anything about it," Neth said. "You won't be able to pump out of your individual wells. You will have to hook up to municipal water and sewer."

"If you want your tax bills to go up, keep fighting this thing," Neth said.

Commission chairman Taguchi said the No. 1 reason a community grows or dies is linked to development of infrastructure. However Taguchi said when certain ordinances affect individuality, he starts to perk up his ears.

"I know a lot of families that support dependent children and dependent parents," Taguchi said. "I just oppose anything that would deny you the right to take care of your relatives."

Taguchi said he was satisfied the ordinance allows someone to place an RV on their property as a guest dwelling and allow someone to live in it.

After the vote, there were shouts of "tyranny!" from some members of the audience.


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