The Arizona Daily Star withdrew a petition to open a distribution center in Dove Mountain, forcing the Town of Marana to remove the item from the Board of Adjustments agenda.

The meeting had been planned for Dec. 13. The Star, Tucson’s daily newspaper, was hoping to open the distribution center in the vacant Basha’s Shopping Center.

This would have been the second time the board met to review the issue, after it originally approved the application on Nov. 1.

However, the town did not follows open meeting laws by not posting notice of the meeting at the site, requiring Frank Cassidy, the town attorney, to call a second hearing.

In a Dec. 8 letter to the Town of Marana, Marg Simon, of the Snell & Wilmer Law Offices said, “While our client firmly believes that the Board of Adjustments made the correct decision when it approved a newspaper distribution center at Dove Mountain, and while our client has invested substantial time and effort pursuing its lease arrangements and construction plans for its facility, the setbacks caused in part by the Town’s posting oversight lead our clients to conclude it must pursue other locations for its operation. Matters of timing are too critical for any other course of action, and no other practical alternative exists.”

Simon’s letter also didn’t rule out further legal action against the Town to be reimbursed for “certain expenses incurred under the unique facts and circumstances that transpired in this matter.”

The application to open the distribution center originally went to the Board of Adjustments after it was rejected by Zoning Administrator Kevin Kish.

Kish said a distribution center would fall under warehousing, which is not listed as the kind of business permitted inside the shopping center.

The property is zone F-Specific Plan, which means all business prospects at the center, must follow the Dove Mountain Specific Plan.

Kish explained that the site has a mixed-use designation, which allows uses such as professional, commercial, retail commercial, financial institutions, restaurants, religious facilities, campus park/industrial, medical facilities, education facilities, hotel, medium density residential, research and development, major employment and helistop.

Since a warehouse is not specified in the Dove Mount Specific Plan, Kish said the application had to be denied.

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