Administrative Review Board

A G E N D A City of Farmington Administrative Review Board September 5, 2013  A G E N D A Administrative Review Board September 5, 2013 at 6:00 p.m. Item No. 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes from the August 8, 2013 Meeting 15 4 Petition No. ARB 13-09 – a request from Dr. Dan Farley, represented by Carlyn 1 Rodahl of Rodahl Hummel Architecture, P.C., for a variance from the required 20 foot side yard setback to 8 feet 2 inches for a dentist’s office and an office addition (30’ x 32’) located at 703 N. Dustin Avenue in the OP Office Professional District. 5 Business from: Floor: Chairman: Members: Staff: 6 Adjournment ATTENTION PERSONS WITH DISABILITIES: The meeting room and facilities are fully accessible to persons with mobility disabilities. If you plan to attend a meeting and need an auxiliary aid or service, please contact the City Clerk's office at 599-1101 or 599-1106, prior to the meeting so arrangements can be made.  ADMINISTRATIVE REVIEW BOARD Petition ARB 13-09 Variance from the required 20 foot side yard setback to 8 feet 2 inches for a Dentist’s Office September 5, 2013 DESCRIPTION OF PETITION Petition No. ARB 13-07 is a request from Dr. Dan Farley, represented by Carlyn Rodahl of Rodahl Hummel Architecture, P.C., for a variance from the required 20 foot side yard setback to 8 feet 2 inches for a dentist’s office and an office addition (30’ x 32’) located at 703 N. Dustin Avenue in the OP Office Professional District. The property is legally described as: Lot Fifteen E (15E), in Block Twelve (12), of the HAYS ADDITION, REPLAT “E”, in the City of Farmington, San Juan County, New Mexico, as shown on the Plat of said Subdivision filed for record December 6, 2001. GENERAL INFORMATION Applicant ............................. Dr. Dan Farley Representative .................... Carlyn Rodahl of Rodahl Hummel Architecture, P.C. Property Owner ................... Dr. Dan Farley Location of Property ........... 703 N. Dustin Avenue Nature of Petition ................ The applicant is requesting a variance from the required 20 foot side yard setback in the OP Office Professional District to 8 feet 2 inches for a dentist’s office and to allow the replacement of an attached carport with an office addition to be 8 feet 2 inches from the side property line (north property line). Applicable Regulations ...... City of Farmington Unified Development Code (UDC): Pursuant to Section 2.8 in the OP Office Professional District the required side yard setback is 20-feet. Zoning .................................. OP Office Professional District Existing Use ........................ Office Surrounding Zoning……. North, OP Office Professional South, East and West: SF-7 Single-family Residential District Surrounding Land Use… North and South, Office East and West: Residential Public Notice…………….. Publication of Notice of this petition appeared in the Daily Times on Sunday, August 18, 2013. Adjoining property owners were sent notice by certified mail on Wednesday, August 14, 2013, and a sign was posted on the property on Friday, August 23, 2013. Staff...................................... Cynthia Lopez, Senior Planner BACKGROUND The office at 703 N. Dustin Avenue is located 8 feet 2 inches from the side property line (north) and has a carport attached to the rear (west side) of the building. The petitioner is proposing to remove the existing carport and replace it with more offices for his dental business. The office is currently a legal nonconforming building. Originally the building was used as a residence and was in a residentially zoned district which only required a 5 foot side yard setback. The property was approved to be rezoned to the OP Office Professional District on September 10, 1996. The 1 OP District in 1996 required a 10 foot side yard setback and therefore the building became a legal nonconforming structure. In January 2008 the Unified Development Code was adopted by the City. The new code required a 20 foot side yard setback in the OP Office Professional District. The owner is proposing to align the new addition with the existing building on the north side, which will replace the carport. The existing building and the new addition will be only 8 feet 2 inches from the north property. This variance request, if approved, will reduce the north (side yard) setback from 20 feet to 8 feet 2 inches. ANALYSIS Variance Criteria – Section 8.12.4, UDC A variance may be granted only where a literal enforcement of the Code provisions would result in unnecessary hardship for a particular property. In order to grant a variance, the ARB must make a positive finding of fact concerning each of the following or, if a positive finding of fact cannot be made that the ARB specifically describes the circumstance that would outweigh the strict requirement for a positive finding of fact and determine The variance will not be a public detriment: 1. That special conditions and circumstances exist, which are peculiar to the land, structure or building involved and are not applicable to other lands, structures or buildings in the same district; and, furthermore, that they are not self-imposed, self-created or otherwise the result of actions by the applicant. Originally Dustin Avenue was a residential street but as the City grew the streets character began to change. Currently the street is a minor arterial and the uses in the area are converting to offices and commercial properties. With the rezoning of these properties many of the original residential structures that met the code at the time of their construction no longer meet current codes. The nonconforming structures are not self- created or resulting in actions by the current property owners but are the result of the change in character of the area and rezoning actions to accommodate these changes. The Dustin Avenue area is different from other OP districts in the City in that the lots and businesses are smaller with less impact on the scattered residential properties of the area. This criterion IS met. 2. That a literal interpretation of the provisions of the Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the Code. The office building to the north of 703 N. Dustin is approximately 10 feet or less from its south (side yard) property line and the office to the south is approximately 5 feet or less from its south (side yard) property line. There are several other offices in this area along Dustin Avenue that are less than 20 feet from their side yard property lines. Therefore this property would be deprived of rights commonly enjoyed by other offices in the same district currently. This criterion IS met. 3. The applicant demonstrates that the request is a minimum easing of the Code requirements, making possible the reasonable use of the land, building or structure. 2  The requested variance is a minimum easing of the UDC. The office building and attached carport are already located within 8 feet 2 inches of the side yard property line. Replacing the existing carport with an office addition (30 feet by 32 feet) that aligns with the main offices will not change the separation that currently exists. The addition will extend to the south by a few feet but it will still be further away from the south property line than is required. There is enough property to allow for any additional parking that will be required for the addition. This criterion IS met. 4. That the granting of the variance is in harmony with the general interest, the general purpose and intent of the Code, and is not injurious to the neighborhood or otherwise detrimental to the public welfare. The requested variance is in harmony with the general interest, purpose and intent of the UDC. The requested variance will not be injurious to the surrounding neighborhood or otherwise detrimental to the public welfare. The office with the carport has existed in this location since 1980. The separation between this building and the office building to the north will not change. This criterion IS met. 5. That the proposed variance will not permit a use not otherwise allowed in the underlying district. Granting this variance will not allow a use not otherwise allowed in the SF-7 Single- family Residential District. The use is residential and is an allowed use in this district. This criterion IS met. 6. That no nonconforming use of neighboring lands, structures or buildings in the same district and no permitted use of lands, structures or buildings in other districts has been or shall be considered grounds for the issuance of a variance. No non-conforming uses or buildings on other properties are used to justify the requested variance. This criterion IS met. 7. That the applicant would suffer an unnecessary hardship if the variance requested were denied. The applicant would suffer an unnecessary hardship if the variance were denied. The building and carport exists and maintains a nonconforming status. The variance will give the owner legal status and will allow the owner to replace the carport with an office addition at the same distance from the property line as exists now. This criterion IS met. CONCLUSION The Community Development Department concludes that approval of ARB 13-09 is appropriate. The request is a minimum easing of the code, generally in harmony with the neighborhood and will not be injurious to the neighbors. 3 RECOMMENDATION The Community Development Department recommends approval of Petition ARB 13-09 from Dr. Dan Farley, represented by Carlyn Rodahl of Rodahl Hummel Architecture, P.C., for a variance from the required 20 foot side yard setback to 8 feet 2 inches for a dentist’s office and an office addition located at 703 N. Dustin Avenue in the OP Office Professional District. 4 5 6 7 8 9  PETITION NO. ARB 13-09 703 N. DUSTIN AVE Deadline: August 20, 2013 City of Farmington Departments CD Director – Mary L. Holton Comments are incorporated in the staff memo. CD Addressing – Planning Division No Comments CD Chief Building Inspector – Leo Hardie No Comments CD MPO - Joe Delmagori No MPO comments CD Oil & Gas Inspector No Comments City Manager’s Office – Bob Campbell No objections ELEC Customer Care Manager – Nicki Parks No Comments Maintain 10’ of clearance between the building ELEC Engineering - Luwil Aligarbes and the existing power line. (Please see attached drawing) ELEC T & D - Steve Henson No Response Fire Department criteria will be met through the FIRE Fire Marshall – Bob Popa Building Inspection process. LEGAL Deputy City Attorney – Jennifer Breakell No Comments POLICE Code Compliance No Response The Police Department has no opinion on the POLICE Captain McPheeters merits of this petition. PRCA Roger Drayer No Comments PW Engineering- Virginia King No Response PW Engineering – Nica Westerling No Response PW Streets Superintendent - Jim Couch No Response PW Traffic Engineering Admin – Steve Krest No Issues PW Water/Wastewater Admin – Ruben Salcido No Comments Other Entities CH2MHILL OMI No Response Comcast Cable - Mark Johnson No Response New Mexico Gas Company - Ryan Holden No Response Enterprise Field Services No Response Farmington School District No Response CenturyLink – Laurence Joe No Response U.S. Post Office No Response Williams Field Services - Lloyd Bell No Response 10 11 12 13 14  MINUTES ADMINISTRATIVE REVIEW BOARD August 8, 2013 - 6:00 P.M. The Administrative Review Board met in regular session on Thursday, August 8, 2013 at 6:00 p.m. in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico. Members Present: Vice Chairman Ireke Cooper Tim Christiansen Nick Martin Members Absent: Chairman Tom O’Keefe Staff Present Mary Holton Cynthia Lopez Dee Moore Sam Montoia Other Attendees Craig Siegel Call to Order The meeting was called to order at 6:02 p.m. by Vice Chairman Cooper and there being a quorum present the following proceedings were duly had and taken. Approval of the Agenda A motion was made by Board Member Christiansen, seconded by Board Member Martin, to approve the agenda. The members were polled and the motion passed unanimously by a vote of 3-0. Approval of the Minutes from the June 6, 2013 Regular Meeting A motion was made by Board Member Martin to approve the minutes from the June 6, 2013, regular meeting. The motion was seconded by Board Member Christiansen. The members were polled and the motion passed unanimously by a vote of 3-0. Petition ARB 13-08 Variances to an Accessory Structure Setback and Length of a Flag Lot Driveway 601 Ashurst Drive Discussion of ARB 13-08 on August 8, 2013 Senior Planner Cynthia Lopez presented the staff report, a request from Craig Siegel for a variance to the maximum length of a flag lot and to the separation to the property line for an existing carport. This property is approximately 4 acres and is divided by an 15 arroyo that runs north to south. This arroyo is also the dividing line for two zoning districts, SF-7 Single-Family Residential District and SF-10 Single Family Residential District. Ms. Lopez stated that the petitioner wished to subdivide the lot into two lots, the northernmost portion currently contains a home and the carport. In order to make the lot split, the flag lot portion will have to be approximately 175 feet long. The existing carport will be adjacent to the flag portion of the lot and would be located on the western most edge of the divided lot. Staff feels that this variance request is a minimum easing of the code and is not detrimental to any other properties or neighbors. Board Member Martin asked if staff had received any objections. Ms. Lopez stated, not to her knowledge. Craig Siegel of 601 Ashurst stated that his original intent, when he purchased this land, was to subdivide it. He added that there are not many options other than how it is currently laid out. Board Member Christiansen asked if Mr. Siegel had provided the site plan. Mr. Siegel stated that the site plan was provided by Sakura Engineering. There was no one present to speak in opposition of this petition. Board Member Christiansen stated that he felt the request was straight forward and the only way they could subdivide this property. Board Member Martin agreed with Board Member Christiansen and made a suggestion that the upright pole of the carport adjacent to the flag portion of the lot be wrapped with reflective tape. Administrative Review Board Action of June 6, 2013 Board Member Martin made a motion to approve Petition No. ARB 13-08, a request from Craig Siegel for a variance to increase the maximum length of a flag lot driveway from 150 to 175 feet and to reduce the minimum separation of an accessory structure from a property line from 3 feet to zero feet for property located at 601 Ashurst Drive in the SF-10 and the SF-7 Single-Family Residential Districts with the condition that reflective tape be applied to the upright pole of the carport. The Siegel’s asked if the pole could be painted with reflective paint. Board Member Martin amended his motion to allow reflective paint or tape. The motion was seconded by Board Member Christiansen and a voice vote was taken. AYE: Vice Chairman Cooper and Board Members Christensen and Martin NAY: None ABSTAIN: None ABSENT: Chairman O’Keefe MOTION TO APPROVE PASSED 3-0 Business from the Floor: There was no business from the Floor. Business from the Chair: There was no business from the Chairman. Business from Members: There was no business from the Members 16 Business from Staff: Senior Planner Cindy Lopez reminded the board that the NMAPA Conference is the first week in October and that Randy Van Vleck will be hosting a free conference for a half day of Board Training on Friday, October 4, 2013. Ms. Lopez will be handling the registration for the Board Training and asked that she be notified before mid-September. Director Holton stated that in order to take advantage of any of the sessions, including the mobile workshops, a registration would need to be completed. The registration can be for one day, at a cost of $100, or for a full registration for $150. She reminded the commission that seating is limited for the mobile workshops so they should reserve a spot. She included conference amenities, such as receptions, lunches, keynote breakfast and a Saturday technical training in Google SketchUp. Ms. Lopez added that she has attended multiple board training sessions where Randy Van Vleck has spoken and always learns something new. Vice-Chairman Cooper asked if someone could attend only the mobile workshop. Director Holton stated that at least a one-day registration would be required, but added that some of the mobile workshops, such as the Bureau of Reclamation, provide public tours outside of the conference. Adjournment: The August 8, 2013 Meeting of the Administration Review Board was adjourned at 6:16 pm. ___________________________ __________________________ Ireke Cooper, Vice-Chairman Dee Dee Moore, Office Manager 17