Administrative Review Board

A G E N D A City of Farmington Administrative Review Board October 3, 2013  A G E N D A Administrative Review Board October 3, 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 September 5, 2013 Meeting 20 4 Petition No. ARB 13-10 – a request from Melody Preuss, represented by Mike 1 Silversmith, for a variance from the required 200 feet distance of an automobile repair operation to a residential zone district boundary and to the requirement that no bay doors may open to a residential district in the GC General Commercial District located at 1919 W. Apache Street. 5 Petition No. ARB 13-11 – a request from Brad Walls, represented by Brett 9 Elliott of La Jolla Construction, for a variance to the front yard setback for a wall for property located in the RE-1 Residential Estates District located at 7211 Tuscany Court. 6 Business from: Floor: Chairman: Members: Staff: 7 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 13-10 Variance to the required distance of 200 feet from any Residential District and for bay doors facing residential for Vehicle Repair October 3, 2013 DESCRIPTION OF PETITION Petition No. ARB 13-10 is a request from Melody Preuss, represented by Mark Silversmith, for a variance to the required distance of 200 feet from any residential district boundary and for bay doors facing a residential district for property located at 1919 West Apache in the GC General Commercial District. The property is legally described as: Lots 1 and 2, in Block 1, of the WEST APACHE SUBDIVISION, in the City of Farmington, San Juan County, New Mexico, as shown on the Plat of said Subdivision filed for record August 5th, 1952 and re-filed for record March 25th, 1954. GENERAL INFORMATION Applicant ............................. Melody Preuss Representative .................... Mark Silversmith Property Owner ................... Mark Silversmith; Nadine M. Cole Location of Property ........... 1919 West Apache Street Nature of Petition ................ The applicant requests a variance to the required distance of 200 feet from any residential district boundary for the operation of an automotive business, and for bay doors facing a residential district property. (The distance between the garage doors and the residential district is approximately 80 feet.) Applicable Regulations ...... City of Farmington Unified Development Code (UDC): Pursuant to Section 2.4.59 Vehicle repair: 1). “No repairs shall be conducted within 200 feet of any residential district boundary” and 2). “No automobile repair or service facility shall be permitted to have bay doors facing a residential district.” There is no distance requirement for the doors, only the boundary which is adjacent to the residential district, zero distance. Zoning .................................. GC General Commercial District Existing Use ........................ Dormant Auto Garage Surrounding Zoning……. North: RE-20 Residential Estates 20 South, East and West: GC General Commercial District Surrounding Land Use… North: Institutional Use, Navajo Preparatory School. South: Commercial Storage East: Commercial Mobile Home Storage and/or Sales West: Nonconforming residence Public Notice…………….. Publication of Notice of this petition appeared in the Daily Times on Sunday, September 15, 2013. Adjoining property owners were sent notice by certified mail on Thursday, September 12, 2013, and a sign was posted on the property on Thursday, September 19, 2013. Staff...................................... Sam Montoia, Associate Planner 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18  COMMENT SUMMARY 7211 TUSCANY COURT Deadline: September 16, 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 Comment ELEC Engineering - Luwil Aligarbes No Conflict 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 envisions no known POLICE Captain McPheeters adverse impact to Police Operations or to Public Safety by the proposed petition. PRCA Roger Drayer No Response 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 19  MINUTES ADMINISTRATIVE REVIEW BOARD September 5, 2013 - 6:00 P.M. The Administrative Review Board met in regular session on Thursday, September 5, 2013 at 6:00 p.m. in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico. Members Present: Vice Chairman Ireke Cooper Tim Christensen Nick Martin Paul Martin Members Absent: Chairman Tom O’Keefe Staff Present Fran Fillerup Mary Holton Dee Dee Moore Sam Montoia Others Addressing the Board Carlyn Rodahl Call to Order The meeting was called to order at 6:00 p.m. by Vice Chairman Cooper and, there being a quorum present, the following proceedings were duly had and taken. Vice Chairman Cooper introduced new Board Member Paul Martin. Approval of the Agenda A motion was made by Board Member Nick Martin, seconded by Board Member Christensen, to approve the agenda. The members were polled and the motion passed unanimously by a vote of 4-0. Approval of the Minutes from the August 8, 2013 Regular Meeting A motion was made by Board Member Christensen to approve the minutes from the August 8, 2013, regular meeting. The motion was seconded by Board Member Nick Martin. The members were polled and the motion passed unanimously by a vote of 4-0. Vice Chairman Cooper stated for the record that he has done some work for the petitioner and determined that this rebuild would not need to have fire systems installed. He added that he did not believe that his outside interest in the project would influence his voting and if any of the Board Members were uncomfortable with this association that he would refrain from voting. There were no concerns voiced by any of the other Board Members. 20  Petition ARB 13-09 Variances to Side Yard Setbacks 703 N. Dustin Avenue Discussion of ARB 13-09 on September 5, 2013 Associate Planner Sam Montoia presented the staff report which was a request from Dr. Dan Farley for his dental office, located at 703 N. Dustin Avenue in the OP Office Professional District. The existing building is currently 8 feet 2 inches from the property line which also includes the carport located on the west side. The petitioner seeks to enclose the carport to provide additional office space for his business. The required setback in the OP district is 20 feet, the petitioner requests to encroach 11 feet 10 inches with the office improvement. Mr. Montoia noted that there were a couple of corrections to the staff report. In Section 1, streets is used as plural and should be used as possessive. Also, in Section 5 of the report, it may refer to the zoning as being SF-7 District, but should be changed to OP Office Professional District. Staff recommends approval of ARB 13-09 and the reduction of the setback to 8 feet 2 inches in the OP Office Professional District. The petitioner’s representative, Carlyn Rodahl of Rodahl & Hummell Architecture, stated he wanted to make a correction that the carport will be removed and a new addition put in its place. The new addition will extend a little bit to the south, but not to the north beyond the existing carport edge. Vice Chairman Cooper asked if he had read staff’s report and was in agreement with their recommendation. Mr. Rodahl stated that he had read the report and is in agreement. Board Member Christensen asked if the new construction would maintain the required 10-foot clearance from existing power lines. Mr. Rodahl that it does. There was no one present to speak in opposition of this petition. Board Member Christensen stated that he felt this was pretty straight forward. The Board has approved a lot of variances that asked for an extension of an existing grandfathered condition, and this petition seems to be fine to him. Board Member Nick Martin mentioned that he disagrees that it is a request of a minimum easing because it is more than half of the 20-foot setback distance required. Everything else makes sense to approve. Board Member Christensen added that with the history over the years, the thinking is that the proposed addition doesn’t make the property to the north any less safe than it is with the pre-existing condition. There may be building code issues that the architect will need to address, but the approval doesn’t change the location more than it already is. Vice Chairman Cooper asked for a clarification before a motion was made. He asked if it was an error showing the petition is ARB 13-07 where it should have been ARB 13-09 in the staff report. Mr. Montoia stated that is should be corrected to ARB 13-09, the current petition. Board Member Paul Martin noted the Fire Marshall giving his approval on the plans. Stating his familiarity with older parts of town, he noted that the UDC and the zoning had changed and had become more restrictive over the years. As long as the fire codes are 21 addressed, Board Member Paul Martin stated he did not see any problems, and that this is going to happen with structures changing from residential to commercial use. Administrative Review Board Action of September 5, 2013 Board Member Christensen made a motion to approve Petition No. ARB 13-09 as recommended by staff, with identified changes to the report, a request from Dr. Dan Farley, represented by Tom Hummel of Rodahl & Hummel Architecture, P.C., for a variance from the required 20 feet side yard setback to 8 feet 2 inches for a dentist’s office located at 703 N. Dustin Avenue in the OP Office Professional District. The motion was seconded by Board Member Nick Martin and upon a voice vote the motion passed 3-0. AYE: Board Members Christensen, Nick Martin and Paul Martin NAY: None ABSTAIN: Vice Chairman Cooper 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. Business from Staff: There was no business from Staff. Adjournment: The September 5, 2013 Meeting of the Administration Review Board was adjourned at 6:09 pm. ___________________________ __________________________ Ireke Cooper, Vice-Chairman Dee Dee Moore, Office Manager 22