Administrative Review Board

A G E N D A City of Farmington Administrative Review Board December 5, 2013  A G E N D A Administrative Review Board December 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 November 7, 2013 Meeting 67 4 Petition No. ARB 13-14 – a request from Five Springs Properties, LLC, 1 represented by Gary Risley, for a variance to the required rear (25 feet to 9 feet) and side yard (20 feet to 5 feet on the east, 20 feet to 15 feet on the west) setbacks, for the reduction of calculating parking spaces for the basement storage areas (1 parking space per 500 square feet), and to reduce the number of required parking spaces by 4 spaces, for property located at 2705 Rabbitbrush Drive in the OP Office Professional District. 5 Petition No. ARB 13-15 – a request from a request from Mark Wulfert for 23 a variance to the flood plain elevation requirements for property located at 6445 Hawkeye Street in the SF-10 Single-Family Residential District with a PD Planned Development Overlay. 6 Petition No. ARB 13-16 – a request from a request from Stett Performance 59 for a variance to the required distance of 200 feet to perform automotive repairs from any residential district boundary for property located in the GC General Commercial District located at 1717 Schofield Lane. 7 Business from: Floor: Chairman: Members: Staff: 8 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. 1 2 3 4 5  LNC OP 6 2705 Rabbitbrush N 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21  PETITION NO. ARB 13-14 2705 RABBITBRUSH DRIVE Deadline: November 19, 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 • Developer made arrangement with Electric ELEC Engineering - Luwil Aligarbes Engineering in regards to existing power line. • No further comment. 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 comment POLICE Code Compliance No Response POLICE Captain McPheeters No Response PRCA Roger Drayer No comment s from PRCA PW Engineering- Virginia King No Response PW Engineering – Nica Westerling If Electric is agreeable to vacating their easement no other engineering concerns identified. PW Streets Superintendent - Jim Couch No Response PW Traffic Engineering Admin – Steve Krest No Comments 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 22 23 24 25 26 27 28 29 6445 Hawkeye Street N 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66  MINUTES ADMINISTRATIVE REVIEW BOARD November 7, 2013 - 6:00 P.M. The Administrative Review Board met in regular session on Thursday, November 7, 2013 at 6:00 p.m. in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico. Members Present: Chairman Tom O’Keefe Ireke Cooper Tim Christensen Paul Martin Members Absent: Nick Martin Staff Present Mary Holton Cynthia Lopez Dee Dee Moore Others Addressing the Board Bill Anglin Ed Blinzler Call to Order The meeting was called to order at 6:00 p.m. by Chairman O’Keefe 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 Christensen, seconded by Board Member Cooper, 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 October 3, 2013 Regular Meeting A motion was made by Board Member Christensen to approve the minutes from the October 3, 2013, regular meeting. The motion was seconded by Board Member Paul Martin. The members were polled and the motion passed unanimously by a vote of 4-0. Petition ARB 13-12 Reduction in Side Yard Setback 907 N. Monterey Discussion of ARB 13-12 on November 7, 2013 Senior Planner Cynthia Lopez presented the staff report and stated that the petitioner is requesting a reduction to the side yard setback to 3 feet to allow for a carport. This property already has a garage 1 foot from the property line, but the garage is more like a 67 shed, the garage door does not face the driveway and there is no access from the alley. The residence to the north is 15 feet from the property line. The petitioner currently leases this property to an elderly couple and would like to provide an ice-free walkway during the winter. Ms. Lopez stated that the structure is proposed to be 3 feet from the property line with a roof overhang of about a foot. Staff feels that this is a minimal easing of the code and that neighbors also have structures at the property line. Therefore, this is not injurious to other neighbors and would allow them the same enjoyment of their property. Staff recommends approval of ARB 13-12. Board Member Paul Martin asked if staff could, in the future, indicate the additional overhang into the setback, such as the 1 foot distance for the overhang. He also stated that the fire code requires the structure to be fire retardant. Mr. P. Martin also stated that he read in the staff report that other structures in the neighborhood are built close to the property line and that information should not be a reason to approve this petition. Ms. Lopez stated that each petition should be reviewed on its own merit and just because others have the same situation it should not be the reason to approve this petition. However, when answering the question about the same enjoyment of their property it is pertinent. Ms. Lopez also added that in Item 5 the zoning district noted as GC should be SF-7 Single Family Residential District. Bill Anglin of 6154 Hwy 64, Bloomfield, representative for the petitioner, stated that the staff report was pretty good the way it was written. He added that Building Inspection and the Fire Department have fire retardant requirements, and that the overhang would not exceed one foot and be made of fire block material too. There was no one else present to speak in favor or in opposition to this petition. Board Member Christensen stated that he was in favor of this petition and if granted the requirements of the building code must be met. There was no further discussion among the board members. Administrative Review Board Action of November 7, 2013 Board Member Christensen made a motion to approve Petition No. ARB 13-12 as recommended by staff, a request from Mark and Sandy McCool, represented by Bill Anglin, for a variance to the required 5 foot side yard setback to allow a carport to be constructed three (3) feet from the property line for property located at 907 N. Monterey Avenue in the SF-7 Single-family Residential District, the motion was seconded by Board Member Cooper. AYE: Chairman O’Keefe, Board Members Cooper, Christensen, and P. Martin NAY: None ABSTAIN: None ABSENT: Board Member N. Martin MOTION TO APPROVE PASSED 4-0 68  Petition ARB 13-13 Reduction of 5 foot setback to 4.28 feet 2700 Hutton Discussion of ARB 13-13 on November 7, 2013 Senior Planner Cynthia Lopez presented the staff report, a request from Edward & Jovella Blinzler for a reduction to the 5-foot side yard setback that was originally approved in 2009. The previous variance allowed the setback to meet up to the 5-foot utility easement on the east side of the property, because of the uniqueness of the property. This property has been re-surveyed and the foundation is now a little less than 5 feet from the easement. There is also a request to abandon the 5-foot utility easement, since there is an existing 15 foot utility easement just over the wall on the property to the east. This request is to encroach about 8 inches into the 5-foot side yard setback on the north corner of the building and less than 4 inches into the 5-foot side yard setback on the south corner of the building. Staff is recommending approval of ARB 13-13. Board Member Christensen asked if the side yard setback reduction was contingent on the abandonment of the 5-foot easement. Ms. Lopez stated “yes”. Board Member P. Martin informed that board that he has had past relationships with both parties but is not currently involved with this project. Chairman O’Keefe asked Board Member P. Martin if he felt he could be non-biased for this petition. Board Member Christensen asked if Board Member P. Martin had any monetary gains involved in this petition. Board Member P. Martin answered that he could provide a non-bias opinion and that he does not have any monetary involvement in this petition. Board Member Cooper stated that he was okay with Board Member P. Martin continuing in this petition’s discussion. Ed Blinzler of 6403 Red Rock Court pointed out that the existing wall between the two properties was indicated as being on the property line, however when the property was re-surveyed it was noted that the wall/property line was off a few inches. The building and footings have already been constructed and that is why there is a need to reduce the 5-foot setback to 4.28 feet and to 4.65 feet from the property line. Christine Hunt of 2714 Eastridge Court, who was in receipt of the property owner notice letter, asked if the parking lot was going to be on the west side of the property, because if so it will be hard to get on to Hutton. Board Member Christensen stated that the parking is to be on the north side of the building and access will be on Rabbitbrush. Ms. Lopez added that the west side of the property is approximately 22 feet above the road and no access would be from that side. Chairman O’Keefe informed Ms. Hunt that parking issues do not fall under this variance request. There was no one else present to speak in favor or in opposition of this petition. Ms. Lopez reminded the Board that the approval of the variance is also contingent upon the abandonment of the 5 foot utility easement on the east side of the property. Board Member Christensen asked if this board had the power to grant the encroachment on an easement. Ms. Lopez stated that the approval of the abandonment can be added as a condition to the petition. 69 Administrative Review Board Action of November 7, 2013 Board Member Christensen made a motion to approve Petition No. ARB 13-13 as recommended by staff, with the stipulation that the approval of this variance be contingent on the abandonment of the easement along the east side of the property, the motion was seconded by Board Member Cooper. This is a request from Nearly Famous, represented by Edward and Jovella Blinzler, for a variance to the previously approved 5 foot side yard setback to allow a building to be constructed 4.28 feet from the property line on the south corner of the building and 4.65 feet from the property line on the north corner of the building for property located at 2700 Hutton Avenue in the LNC Local Neighborhood Commercial District AYE: Chairman O’Keefe, Board Members Cooper, Christensen and P. Martin NAY: None RECUSE: None ABSENT: Board Member N. Martin MOTION TO APPROVE PASSED 4-0 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: Board Member Cooper asked where the aerial photos are retrieved from because they have great clarity. Ms. Lopez stated that the City has two sources that are used, but that both are for city employee use only. She added that aerial copies can be provided by staff at the Community Development Department. Chairman O’Keefe added that San Juan County also has good aerial images. Business from Staff: There was no business from Staff. Adjournment: The November 7, 2013 Meeting of the Administration Review Board was adjourned at 6:24 pm. ___________________________ __________________________ Tom O’Keefe - Chairman Dee Dee Moore, Office Manager 70