Home-Based Water Business Continues To Bother Neighbors

By Naomi Hatch
   June 24 was not the first time Jane Martineau came to the Taylor Town Council with a complaint about a neighboring, home-based Sparklett’s water business. She said she feels that no one has listened to her and asked the town to purchase property she owns on 900 East and Bullduck.
   “I need some resolution,” she said, noting that she had sent a letter so council members “have an idea where I’m at and where I’m coming from.”
   Martineau explained that in 1999 she sold her home in Snowflake and had an opportunity to move back to Taylor, where they owned land and intended to build two homes, the first one to live in briefly and the other to live in forever.
   She recalled that in 1997 Taylor implemented its Planning and Zoning Ordinance, but in 2000 they is-sued a building permit, but the use was not completed and she questioned why.
   In the beginning she valued the friendship of her neighbors and did nothing, but as time went on the Sparkletts business began to grow, as did her concerns and annoyances.
   Martineau said she talked to several town employees, went before the Taylor Planning and Zoning Commission, wrote letters and spoke with previous town manager Stephen Sturgell, the town fire marshal and eventually the state fire marshal. One concern she had were the two gas tanks located near her home.
   The town did nothing, she said, but the state fire marshal immediately issued a cease and desist order and had them remove the gasoline from the tanks, which still sit there empty. Martineau said she felt she should not have had to be the one to call the state fire marshal.
   Martineau spoke with the building inspector, filed a code enforcement complaint and addressed the council in March 2006, providing a list of things that would help the situation, but felt nothing really hap-pened. She recently talked to Town Attorney Sterling Solomon and Town Manager Eric Duthie.
   She noted that she felt the town negligently issued the building permit, and did not follow guidelines that require a variance or a zone change, and feels that if the law had been followed, this situation would not have happened. She also feels the town has not taken any responsibility for the situation nor any action to correct it.
   “I feel like nobody is taking me seriously,” said Martineau. “I feel like every time I try to address it I’ve been blown off.”
   She noted that she did have the opportunity to move, and said, “I will never build there now. I didn’t create the problem, it wasn’t grandfathered in and I can’t believe any of you would like that next to your home. We’ve suffered,” adding that if it had been there when they moved there, she wouldn’t complain.
   “I’m not here to ask for any resolution about that. I just want to move on with my life, and feel like the town created the problem, they didn’t obey their codes and didn’t enforce them,” said Martineau, who asked the town to purchase her remaining property.
   Councilman Jared Hatch asked if Martineau had put the property up for sale and she responded, “No, it’s not a very good market, and I feel like the city needs to take responsibility for what they’ve done.”
   He then commented that there was a petition sent around by the builder and her husband had signed it.
   Martineau said she was not aware of her husband signing the petition, and Hatch noted that was stated in the Jan. 11, 2006, minutes.
   Solomon referred to the petition and stated, “That clearly is not the proper way for a variance. There were no public notices for the building permit,” noting the variance process should have been followed, but pointed out that notice had been given when her husband signed the petition.
   Martineau said, “If you can produce a document where he has signed it, I won’t come here again.”
   Solomon explained that he was directed to look into it but the two parties came to an agreement that certain items would be addressed, such as putting up a fence.
   Vice Mayor Debbie Tuckfield said, “I do feel as a town we let her down.” She also noted that a welding business operates by her home, and stated that she did not object to it, but felt the town needed to follow its own guidelines.
   “When I do look at the building permit, it’s asking for a metal building for a garage. I think that’s a misconception. I think as a town if we do have a small business and have a code, let’s make sure we’re operating under that,” said Tuckfield.
   Martineau pointed out, “This clearly goes beyond the scope of a home based business.”
   Mayor John Cole said, “From a town perspective, we are not able to purchase property…We are in a position to revisit and reinforce it.”
   Mary Miller, a neighbor living down the road, said, “It definitely negatively impacts everybody.” She did not remember signing a petition and said, “I remember talking to him and it was just a garage. I know there are doubledecker trucks that are very dangerous.”
   Solomon said he could look into this.
   Martineau said, “I’m not here to put pressure on him, that was not my purpose in being here.”
   Tuckfield clarified that she was not against home based businesses, but felt they should all comply with codes, stating, “I feel like we have been lax in that,” and that what was agreed upon should be followed through.
   Councilman Jordy Fuentes said, “I would like to direct staff to look into all small businesses and make sure they are meeting town code, and if they are not, we provide variances for them.” He later clarified that he expected this to happen over a period of time.
   Duthie asked Building Inspector Jeff Johnson, “How do we know about small businesses that are home based? If they don’t tell us, how do we know?”
   Johnson responded, “Usually we find out about them when they go too far, neighbors complain and that’s your automatic priority list.”
   Duthie pointed out that the town does not have a business license procedure, and Johnson encouraged council to approve the procedure and a business license.
   Fuentes expressed concern that the town was losing sales tax.
   Hatch apologized to Martineau, noting her husband didn’t communicate the petition to her, stating, “But I feel this person went about it the right way and there was more to this business at the time.”
   Councilman Robin Palmer asked Solomon if he was going to look into all the angles, stating, “I’d like to know what exactly should have been done, what wasn’t enforced and what the town should have done.”
   Mayor Cole asked Solomon to look into this, stating, “If there’s something else we need to look at in that process, let’s do it.”