Administrative Review Board

A G E N D A City of Farmington Administrative Review Board January 9, 2014  A G E N D A Administrative Review Board January 9, 2014 at 6:00 p.m. Item No. 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes from the December 5, 2013 Meeting 19 4 Petition No. ARB 13-17 – a request from Mr. Victor Prado, for a variance 1 from the required 200 feet distance of all automobile repair operations to a residential zone boundary in the GC General Commercial District at 2017 E. 19th Street. 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. 1 2 3 4 5  PD LNC SF-7 20TH 1903 1903 -A -C 2017 - 2021 - 1901 - 2017 - C 1909 1819 1819 -5 -A -B LNC 1908 - POSITIVE 1901 - LNC 1900 - 2010 - 19TH 19TH 1817 - 2017 - 2021 - 2023 - 1811 - 1812 - GC 18TH 1813 - 2017 E. 19th 1809 - SCHOFIELD MF-M 1729 - 1703 FARMINGTON -6 1703 -1 Parcels City 1703 1703 1703 - 15 - 13 -9 GC 1717 - 1703 1703 1703 SF-7 - 16 - 14 - 10 LNC 1700 1700 MF-M - 1A - 1 1700 1700 1700 1700 1700 1700 1700 1700 -2 -4 -5 -6 -7 -9 - 13 - 14 PD 1509 SF-7 17TH -A 200' buffer of Subject Building 0 25 50 Feet 6 1631 -3 MF-M ¯ 7 8 9 10 11 12 13 14 15 16 17 18  MINUTES ADMINISTRATIVE REVIEW BOARD December 5, 2013 - 6:00 P.M. The Administrative Review Board met in regular session on Thursday, December 5, 2013 at 6:00 p.m. in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico. Members Present: Chairman Tom O’Keefe Nick Martin Paul Martin Members Absent: Tim Christensen Ireke Cooper Staff Present Leo Hardie Mary Holton Virginia King Cynthia Lopez Sam Montoia Dee Dee Moore Nica Westerling Others Addressing the Board Brad Ballard Randy Jensen Jim Proffitt Hayes Neely Richard Neely Gary Risley Chad Stett 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 Nick Martin, seconded by Board Member Paul Martin, to approve the agenda. The motion passed unanimously by a vote of 3-0. Approval of the Minutes from the November 7, 2013 Regular Meeting A motion was made by Board Member Paul Martin to approve the minutes from the November 7, 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 3-0. 19  Petition ARB 13-14 Reduction of Setbacks and 4 Parking Spaces 2705 Rabbitbrush Ridge Discussion of ARB 13-14 on December 5, 2013 Senior Planner Cynthia Lopez presented the staff report, a request from 5 Springs Properties, LLC, represented by Annette and Gary Risley for a variance to the rear and side yard setbacks, for the calculation of parking for the storage areas at 1 parking space per 500 square feet and for a reduction of 4 required parking spaces. She stated that this property slopes steeply to the south with a cul-de-sac on the north which creates an unusual front property line. Additionally the soil is made up of cobbles and the petitioner has had to change their site plan and recreate the design for this building. The office will house Mr. Risley’s attorney practice as well as Mrs. Risley’s accounting offices. Ms. Lopez stated that the steep slope and cobbles have required reengineering of the design to anchor the building into the hillside. This change includes a basement area which increases the required number of parking spaces. Staff is recommending approval for both the setback reductions and the parking space reduction by four spaces allowing a total of 23 parking spaces for the offices. Chairman O’Keefe asked if the new basement uses the standard of 1 parking space per 500 square feet. Ms. Lopez stated that the previous designed open crawl space now needs to be anchored to the exterior walls to stabilize the foundation, and now that the space is enclosed it could be used for storage. She explained that there is only 59 feet from the rear of sidewalk to where the lot starts to slope down. The parking requirement in the front of the building would include a 19 foot long perpendicular parking space and 24 feet width for the 2-way driveway with another 19 feet for the second row of parking. Board Member Paul Martin asked if the ADA parking requirement needs to be van accessible, if the building will have an elevator and will the property to the south be built on. Ms. Lopez stated that the ADA requirement for parking is just one space and that the property to the south is Open Space provided for the Planned Unit Development (PUD). Chairman O’Keefe asked if Leo Hardie, Chief Building Inspector, could address the elevator requirements. Mr. Hardie stated that under the ADA a building is not required to have an elevator, except for government and medical buildings, for a privately owned building until you have a 3rd level and 3,000 square feet. The 2009 International Building Code (IBC) has a provision for a gross square footage of 3,000 square feet, however the State of New Mexico does not use that provision in its requirements. This has been in effect since 2000. By the adopted State standards, an elevator will not be required for this building. Gary Risley presented a slide show which provided drawings of the proposed building and photos of the cobbles and the topography of the lot. He added that only because of the required enclosure of the crawl space is he now required to increase his parking by 4 spaces. He added that they plan to have a sidewalk separating the parking from the building and that an area to the east will be used to provide additional backing space to be able to turn around to exit the parking lot. Mr. Risley stated that their clients are on an appointment only basis and that with only three conference rooms available, the number of people is controlled by the meeting space. 20 Board Member Paul Martin asked about the finished floor level being lower than the curb and that the photos showed the drainage from the parking lot flowing to the open space. Mr. Risley stated that the lot planning has allowed the natural flow of water to remain as is currently being directed. Board Member Paul Martin asked if the finished floor is supposed to be higher or equal to the curb. Ms. Lopez stated that those concerns are addressed during the building permit review process. Board Member Nick Martin asked when Mr. Risley was anticipating his construction. Mr. Risley stated that the plans are almost complete and they would like to start immediately or by the end of December. There was no one else present to speak in favor or in opposition to this petition. There was no discussion among the board members. Administrative Review Board Action of December 5, 2013 Motion was made by Board Member Paul Martin and seconded by Board Member Nick Martin to approve Petition No. ARB 13-14 a request Five Springs Properties, LLC, represented by Annette and 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 (allowing 23 parking spaces total for the site), for property located at 2705 Rabbitbrush Drive in the OP Office Professional District. AYE: Chairman O’Keefe, Board Members Nick Martin, and Paul Martin NAY: None ABSTAIN: None ABSENT: Board Members Cooper and Christensen MOTION TO APPROVE PASSED 3-0 Petition ARB 13-15 Permission to build below the flood plain 6445 Hawkeye Discussion of ARB 13-15 on December 5, 2013 Senior Planner Cynthia Lopez presented the staff report, a request from Mark Wulfert to allow a basement of a residence to be built 2.7 feet below the 100 year flood level. This property is located in the SF-10 Residential District just south and west of the Hawkeye Pond, and south and east of the Carl Arroyo. During August 2010 and September 2013, the City of Farmington had two flood events and on one of these events the pond overflowed. The same flood damaged the three culverts draining from the Hawkeye pond. Ms. Lopez stated that staff had met with the City Engineer Nica Westerling and staff does not feel that this request meets the criteria for a variance to the floodplain regulations. Staff feels that there is no hardship and if approved, it could increase flood heights, public safety and conflict with local laws. Staff recommends denial. 21 Chairman O’Keefe asked how the building would increase flood heights. Ms. Lopez stated that there could be erosion of the property around the home, debris could get caught along the walls of the homes, and could undermine the foundation. She also mentioned that FEMA has provided an email in opposition to this variance request which was forwarded to the board prior to the hearing. Board Member Paul Martin asked, because of the mention of the pond overflow, that if during the approval of this subdivision was the detention pond for the 50 year-2 hour storm or the 100 year-24 hour storm. Ms. Lopez stated that City Engineer Nica Westerling could better answer that question. Ms. Westerling stated that the pond was based on a 25 year-24 hour event, which is according to City standards. She added that this is a City standard not a FEMA standard. Brad Ballard representative for Mark Wulfert, of 431 CR 3000, Animas Valley Construction identified in a photo a tree that has been sitting on the banks of the drainage through the last three floods and is still undisturbed. He added that the petitioner is already raising the level two feet and plans to use retaining walls on the property to deflect any water that may leave the arroyo. There were no others present to speak in favor of this petition. Jim Proffitt of the San Juan Country Club Estates Properties and residing at 6420 Club House Drive stated that he was not here to discourage building, but agrees with the City Engineer. The lot has flooded when the pond tops out. He added that the San Juan Country Club Homeowners Association has been involved in two lawsuits since 2010 and he feels if Mr. Wulfert re-sells the property, there is the liability for another lawsuit, because it is part of the SJCC Estates. He doesn’t know what could be done to ensure that the flooding doesn’t happen again, but he wanted to express the concerns of the association. Board Member Nick Martin asked Ms. Westerling if there was any type of engineering or preventative measures that they could take to alleviate some of the concerns. Ms. Westerling stated that you can’t flood proof a residence, it is not allowed, but flood proofing can be done for a commercial property. So unfortunately, there is nothing they can do. Chairman O’Keefe reviewed the justification on pages 31 and 32 of the ARB Agenda. Board Member Paul Martin asked if the petitioner could do any type of bank stabilization to avoid flood waters if the pond overflows in the future. Ms. Westerling stated that the problem with that is that the bank of the arroyo is on San Juan Country Club property, not on the property of the petitioner. She further stated that the stabilization of those banks is highly recommended. Mr. Ballard readdressed the board, identifying that the home will be located 100 feet from the existing wash. He also asked what advantage raising the home two feet is going to provide. Chairman O’Keefe asked what the objection to raise the basement was. Mr. Ballard stated that the slab is already 18 inches above the highest point on the property, and if he has to also raise that level another 2.5 feet, the finished floor will be almost four feet above the high line and they are not sure if the SJCC Home Owner Association will approve that design. 22 Mr. Proffitt readdressed the board stating that their concerns are for the home owner. Board Member Paul Martin asked if the owner had looked at a two story design all above ground, without a basement. Mr. Ballard stated that the petitioner bought this lot for the express purpose of designing a walk-out basement style home. There was no one else present to speak in favor or in opposition of this petition. Board Member Paul Martin made a motion to recommend denial per staffs’ recommendation. The motion was seconded by Board Member Nick Martin. The motion to deny was passed unanimously by a 3-0 vote. Administrative Review Board Action of December 5, 2013 A motion was made by Board Member Paul Martin and seconded by Board Member Nick Martin to deny Petition No. ARB 13-15 a request from Mark Wulfert for a variance to the floodplain elevation requirement (to build the basement 2.7 feet below the 100 year flood level) for property located at 6445 Hawk Eye Street in the SF-10 Single-family Residential District with a PD Planned Development Overlay. AYE: Chairman O’Keefe, Board Members Nick Martin, and Paul Martin NAY: None ABSTAIN: None ABSENT: Board Members Cooper and Christensen MOTION TO DENY PASSED 3-0 Petition ARB 13-16 Auto Repairs adjacent to Residential District 1717 Schofield Discussion of ARB 13-16 on December 5, 2013 Associate Planner Sam Montoia presented the staff report, a request from Chad Stett for a automotive repair business within 200 feet of a residential zone district (UDC 2.4.59). This type of repair is a permitted use within the GC General Commercial district. The history of this property shows that the last business was an electrical contractor. The existing property to the west is the Boys & Girls Club, although they are located in a residential zone, there are no residential uses at that property. The shop doors are not facing the residential property where the Boys & Girls Club is located. Staff recommends approval of ARB 13-16. Petitioner Chad Stett of 1717 Schofield stated that there are numerous auto repair businesses in this neighborhood and is asking the board to allow him to also enjoy the same benefit the other businesses have. There was no one else present to speak in favor of this petition. Hayes Neely stated that he leases the property just to the north and has concerns about the noise and safety of the “dyno” equipment. He also stated that he thinks the rear buildings have make-shift electrical. If the “dyno” machine exploded there is a Tae Kwan Do facility 50-75 feet away where children may be present and could be hurt. 23 Randy Jensen owner of 1729 Schofield also had concerns about safety, stating that there is a mobile home park less than 200 feet across Sullivan from this property. He also felt that the property was too confined for fire trucks to access it in case of an emergency. He also stated that he felt the shop does not meet the electrical requirements and poises a hazard. He wanted the rear/back building to be examined for safety. Chairman O’Keefe asked staff if they could confirm what zoning district the mobile home park residents are in. Mr. Montoia stated that the mobile home park is in the GC General Commercial district also and is a legal non-conforming use within that district. Director Holton added that the code states a 200-foot separation from a residential district, not a residence. Mr. Jensen asked if it was appropriate for a tenant to apply for a special use permit. Chairman O’Keefe stated that a tenant can ask for a variance. Board Member Nick Martin asked if the residents of the mobile home park were notified. Mr. Montoia stated that the list of properties within the 100 foot buffer is provided by a local title company. Chairman O’Keefe stated that it appears the mobile home park should have been notified. Ms. Lopez stated that the property at 1701 Schofield Lane was notified (Tae Kwon Do), and that she would need to verify the list because some owner are not tenants and have different addresses. Chairman O’Keefe asked if the building department review for fire code and structural safety. Director Holton stated that the Business License process prompts the Fire Marshall to do an inspection. Chairman O’Keefe also asked about the “dyno” noise and if the use of that equipment was contemplated during the concerns to require all repairs to be completed with the bay door closed. Director Holton stated that the petitioner could better answer those questions. Mr. Stett stated that the “dyno” does create noise, maybe more that an impact wrench, but is only used for about 5 seconds at a time. He added that there appears to be conflict between himself and the property to the north, which is also a competing automotive repair business. He added that the building at 1717 Schofield Lane is concrete cinder block and that there is always the possibility that something could break, or fall or even catch fire, but that the gate is open during the day and the fire truck would have free access. Mr. Stett stated that he had spoken with the gentleman at the Tae Kwon Do facility and they didn’t have any issues with this type of business. Chairman O’Keefe asked what types of repair would be performed at this business. Mr. Stett answered that there would be racing type setups and general repair, performance upgrades and a variety of other things. That is why the “dyno” equipment is used, because the same situation cannot be duplicated on city streets. Richard Neely of 201 McDonald Road identified that he is currently purchasing the building north of 1717 Schofield. He added that he had witnessed a 55 gallon fuel drum sitting right next to a high performance vehicle. Mr. Jensen stated that he had no axe to grind with Mr. Stett and that his relationship with Mr. Richard Neely was strictly business. He added that he is just trying to protect his property. 24 Mr. Hayes Neely was concerned that the “dyno” was extremely loud and that the people in the mobile home park should have been notified. He also stated that Mr. Stett is currently living in the front of the building. He concluded that race gas is very high octane and could cause an explosion. There was no one else present to speak in opposition of this petition. Chairman O’Keefe stated that he had concerns about the 100 foot notification list, he felt the line would extend farther than what is shown. Mr. Montoia stated that staff would need to verify that the property of the mobile home park was notified, because there is not an actual address that matches on the list from the title company. He also added that some of the concerns and issues noted by neighbors should be addressed through code compliance. Ms. Lopez presented the map provided by the title company that showed the locations and owners that were notified within the 100 foot distance requirement. Mr. Richard Neely asked if the tenants are notified if the owners are not tenants. Director Holton stated that a tenant can submit a petition, but the owner must sign off on it per City Code. Board Member Paul Martin asked staff for a clarification of the request from Stett Performance. He wanted to make sure that the concerns and issues of fuel storage and whether a person is living at that location are not under the jurisdiction of this board, but are to be handled by the Fire Marshall and Code Compliance. Mr. Montoia stated that he is correct. Ms. Lopez stated that Code Compliance can investigate and determine if the ordinances are being met and the Fire Department periodically inspects business sites. Board Member Paul Martin stated that the boards task is to determine where the issues of the code deal with this request and that that is the only item that they can make a determination on. Mr. Montoia stated the he was correct. Board Member Paul Martin made a motion to recommend approval per staff’s recommendation. The motion was seconded by Board Member Nick Martin. The motion to approve the variance was denied by a 1-2 voice vote. Administrative Review Board Action of December 5, 2013 Board Member Paul Martin made a motion to approve Petition No. ARB 13-16 a request from Chad Stett, of Stett Performance for a variance to the required distance of 200 feet from any residential district boundary for property located at 1717 Schofield Lane in the GC General Commercial District. AYE: Board Member Paul Martin NAY: Chairman O’Keefe and Board Member Nick Martin ABSTAIN: None ABSENT: Board Members Cooper and Christensen MOTION TO APPROVE FAILED 1-2 25 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: Dee Dee Moore stated that she would provide a list of 2014 meeting dates for the Board to review at the next meeting. Adjournment: The December 5, 2013 Meeting of the Administration Review Board was adjourned at 7:17 pm. ___________________________ __________________________ Tom O’Keefe - Chairman Dee Dee Moore, Office Manager 26