TUCSON, Ariz. (KGUN) — The City of Tucson Code Enforcement gave The Pit on 22nd Street and Pantano Road and the food trucks there until next Tuesday to clear out.
The city is saying The Pit does not follow the zoning code.
The Pit has been working to comply with a violation to meet a solution, but the bottom line is the set-up does not follow city code. The Pit now needs to submit a development package in order to remain in compliance.
But the owners were not aware that they were not complying, because they were taking action. One of the owners, Amber Donahue, provided me with this timeline to show the series of events since there was an initial complaint in July:
06/27/2022 - Complaint filed with city zoning
07/18/2022 - Notice of complaint from Code enforcement
08/08/2022 - City Council Ward 2 email indicating code enforcement will help us with solution
08/11/2022 - Official zoning violation with instructions to pause enforcement
08/11/2022 - Services of Alliance Engineering rendered for site plan approval
08/12/2022 - Meeting with zoning and planning 10am
08/15/2022 - Pima County Health Dept restaurant review consultation
09/26/2022 - Meeting with Mike Czechowski, City Economic Development Call
11/21/2022 - New site plan submitted
12/08/2022 - New site plan rejected
01/03/2023 - Site plan resubmitted for review
01/08/2023 - Code enforcement visit with 4 police vehicles because of complaint (unfounded)
01/11/2023 - Told they need to shut down over the phone by Tuesday 01/17
Despite their work to comply, Donahue said a city staff member of Code Enforcement showed up at the property with a complaint last Sunday.
“They can show up with four police cars with armed police officers while we’re serving food to the community, there are kids here,” she said.
Yesterday, they received a call that they need to have the property cleared out by Tuesday if they don’t submit a development package to meet zoning requirements. Donahue said costs for this could reach $40-100,000, in addition to the $100,000 she’s already invested.
Donahue wants another solution, because even if she did comply, a Peddler’s License wouldn’t allow the trucks to be closer than 100 feet apart.
Owners of the food trucks are worried.
Donald Adkins with Bemo’s Ol’ Joe’s Food Truck said, “It would be devastating. I’m not out here trying to get rich.”
“We wish we didn’t have to move,” said Luis Mellan with 520 Food Truck.
It's well liked by the community. Amber Donahue started a petition in July to keep the pit open, and is almost at 3000 signatures as of Thursday afternoon.
“The community, we love it. Hopefully they let us stay,” said Gabriela Delgadillo with Samurai Sombrero. “My family depends on this,” said Alma Silva with Messylicious.
But Andy Squire with the City of Tucson told me The Pit has to follow code.
“What we have is what’s on the table. There is a code amendment that can be looked at to modify code, which would allow greater functionality, or they would need to submit development packages to exist, within existing code, to come into compliance,” he said.
City council member Paul Cunningham has supported the pit being in his ward, but understands city staff have a job to do. Still, he wishes he was notified before the city took this step.
“We’re working with the business to keep it open and that communication needs to be there. Obviously that didn’t happen. And it’s not the first time that a Ward office and the City haven’t had perfect communication. These things happen, and you get over it and move on and do your best,” he said.
Cunningham believes the pit is a great concept and said he hopes he can sit down with the owners and Code Enforcement to keep it going. I've requested interviews with the city officials involved. We'll keep you updated if they come to a solution before Tuesday.
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Reyna Preciado is a reporter for KGUN 9, she joined the KGUN 9 team in July of 2022 after graduating Arizona State University. Share your story ideas with Reyna by emailing reyna.preciado@kgun9.com or by connecting on Instagram, or Twitter.
