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By Jesse Jones, The Paper. — The Albuquerque City Council rejected a conditional use permit for an overnight shelter near the Sunport last week that originally opened under incorrect city advice. But the shelter’s doors remain open while the council prepares to approve its findings.
Councilors voted 6-3 during a Sept. 9 council meeting to grant the appeals and overturn the Zoning Hearing Examiner’s May approval of a conditional use permit for Empower Health Services’ shelter at 2300 Yale Blvd. SE. The Zoning Hearing Examiner later approved the permit with 19 safety conditions, but neighboring business owners appealed, citing concerns about crime, loitering and vagrancy.
The shelter can remain open until the City Council approves its formal findings at an upcoming meeting, Tim Walsh, a Planning Department spokesperson, told The Paper. After that, Empower Health Services can appeal the decision, but Walsh said the appeal would not automatically pause the council’s decision.
The facility opened last November without a permit after a city employee incorrectly advised Dr. Karan Mahajan, Empower’s CEO, that no zoning change was required. Mahajan said he contacted city staff before opening and was advised in writing that no additional requirements had been identified. During the council hearing, planning staff said the employee who gave the property owner incorrect zoning guidance is no longer with the department.
The City Council is expected to adopt its formal findings on the appeal Sept. 21. After that, the Planning Department will determine what enforcement action, if any, is required and Empower Health Services will decide how it wants to respond.
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