Use permitted for 5 acres after neighbors’ complaints addressed
ANewcastle homeowner found themselves at odds with their neighbors as the number of animals on their property grew to more than was allowable for the size of their property.
Husband and wife Diego Murrieta and Angelica Gil had to seek a Use Permitted on Review from the City of Newcastle in order to comply with Code Enforcement regulations and to appease other area property owners.
After the couple took several steps, including reducing the number of their animals, the City Council has approved the UPOR for a confined horse stable and an allowance of 10 horses and seven steers.
Murietta and Gil own a 5.09 acreage in Newcastle which is zoned agriculture. Murietta and their daughter are team ropers.
Neighbors initially complained about the number of animals they were keeping on the property. At the December 2024 City Council meeting, several neighbors addressed the Council to make complaints of the smell of animal urine and flies coming from the property. It was also said that there was a problem with runoff water entering a nearby creek bed.
As the request for a UPOR went through the Newcastle Planning Commission, notices were sent out to all neighbors within 400 feet. Of those 20 residences, more than 70%, came back protesting the request.
After culling their animals to the allowable amount and showing the City they met other code criteria, the Planning Commission approved the UPOR request unanimously.
The Commission’s approval and a recommendation for approval by the City staff was provided to City Council members, who discussed the issue at length, and heard from four of the area landowners.
The Council eventually approved the UPOR request with stipulation that the number of horses were set at 10, automatic fly sprayers were in use, and there were individual paddocks for the horses. They also noted that if the property is sold that the UPOR stipulations would continue on to the next owner.
Angelica Gil also addressed the Council and answered questions posed to her. She said this is the first time anyone has brought up an issue with flies, or any issue with runoff water. In fact, she said her family likes to barbecue outside, and she invited the Council members to come to a barbecue at her property, saying they would not see a problem with flies.
Newcastle Mayor Karl Nail noted that these are the types of problems municipalities see when there is an encroachment of housing into agriculture areas.
