Administrative Review Board

A G E N D A City of Farmington Administrative Review Board June 5, 2014  A G E N D A Administrative Review Board June 5, 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 May 8, 2014 Meeting 59 4 Petition No. ARB 14-09 - a request from Phyllis Off of C & H Investment, 1 represented by Paul Martin of Sakura Engineering, for a variance to allow an existing vehicle salvage/repair shop to add three (3) bay doors to the north side of their building facing a residential boundary line that is within 200 feet of the residential district boundary in the GC General Commercial District at 508 Murray Drive. (Cynthia Lopez) 5 Petition No. ARB 14-10 – a request from Joel Cooper for a variance from 23 the requirements of Section 2.8 Residential Districts Density and Dimensional Schedule of the Unified Development Code (UDC) and from the requirements of the recorded plat (Lot 4 in Crestwood Estates No. 3 Phase IV Replat ‘A’ Subdivision) for a reduction in the front yard setback to be allowed to build a residence 30 from the front property line in the RE-20 Residential District at 5021 English Place. The petitioner is also asking for a reduction of the required rear yard setback from 30 feet to 25 feet. (Cynthia Lopez) 6 Petition No. ARB 14-11 – a request from Doug Johnson for a variance from 43 the requirements of the recorded plat (Lot 3A in Crestwood Estates No. 3 Phase IV Replat ‘A’ Subdivision) for a reduction in the front yard setback to be allowed to build a residence 45 from the front property line in the RE-20 Residential District at 5015 English Place. (Cynthia Lopez) 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 6 7 8  MF-L SMHA 9 GC 508 Murray Drive Property Line and Zoning District Line 508 Murray Drive N 10 11 MF-L IND IND MF-L SMHA IND GC IND 200 foot Property Buffer GC MF-L SMHA SF-MH IND MF-L MF-L SMHA SF-MH Property Lines AREA UNDER CONSIDERATION ± COMMUNITY DEVELOPMENT Petition No. ARB 14-09 DEPARTMENT 200 Date: 5/29/2014 Feet 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5021 5015 5021 & 5015 English Place N 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 5021 5015 5021 & 5015 English Place N 51 52 53 54 55 56 57 58  MINUTES ADMINISTRATIVE REVIEW BOARD May 8, 2014 - 6:00 P.M. The Administrative Review Board met in regular session on Thursday, May 8, 2014 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: Ireke Cooper James Dennis Staff Present Mary Holton Cynthia Lopez Sam Montoia Kathy Banks Others Addressing the Board Charlie Brannon Paul Candelaria Dorothy Daniel Donnie Dearen Bryan McCarty Nancy Sies Mike Weirs 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 There were no changes to the agenda and accepted unanimously by a vote of 3-0. Approval of the Minutes from the April 6, 2014, Regular Meeting A motion was made by Board Member Nick Martin to approve the minutes from the April 6, 2014, regular meeting. The motion was seconded by Board Member Paul Martin and passed unanimously by a vote of 3-0. Petition ARB 14-08 Automotive Repair within 200 feet of, and Bay Doors facing, a Residential District at 1107 Acacia Street Discussion of ARB 14-08 on May 8, 2014 Associate Planner Sam Montoia presented the staff report, a request from Dorothy Daniel for a variance to the 200 foot distance requirement of an automotive repair business to a residential 59 district and also to allow bay doors to face a residential district. The property is approximately 1.51 acres and has a history of automotive use. The building is currently divided into two suites and the petition includes both suites. Mr. Montoia identified that section 2.4.59 provides the standards for this type of business. The property located to the west is in the MF-L Multi-Family Low Density District. The residential properties closest to the site are owned by Ms. Daniel and her daughter. Staff recommends approval of SUP 14-08 and believes it is a minimum easing of the code, in general harmony with the neighborhood and is not injurious to the neighborhood. Board Member Nick Martin asked what type of screening is provided, since it is hard to see the fences in the aerial photos. Mr. Montoia stated that on the north side next to the other automotive and industrial use it is chain link. The fence separating the residences is propanel, but the petitioner would be better able to fully answer that question. Board Member Nick Martin asked if just one bay door faces a residence. Mr. Montoia stated yes, one to the west, the other bay doors face other industrial uses. Mr. Montoia shared that the wording of section 2.4.59 is under review to add the clarifying terms “residential use within a residential district”, not just the zoning district, to the distance requirement. Petitioner Dorothy Daniel of 708 McCormick School Road stated that there is screening between her property and the church property. She added that this is a good business to have here and it is written in the leasing contract (between herself and the tenant) that it will be kept a clean business. Board Member Nick Martin asked about the fences and Chairman O’Keefe about the screening. Ms. Daniel stated the west side is chain link with no screening, but there is screening fencing along the section on the church’s property line. Mr. Charlie Brannon of 65 S. Carlton stated he was in favor of this petition. He added that his business is across the street, and that it is a heavy industrial area with lots of truck traffic. There was no one else present to speak in favor of, or in opposition to, this petition. Board Member Paul Martin made a motion to approve ARB 14-08. The motion was seconded by Board Member Nick Martin and upon voice vote passed unanimously by 3-0. Administrative Review Board Action of May 8, 2014 Board Member Paul Martin made a motion to approve Petition No. ARB 14-08, a request from Dorothy Daniel for a variance to the 200 feet distance requirement of an Automotive Repair Businees to a residential district and for bay doors facing a residential district. AYE: Chairman O’Keefe and Board Members N. Martin and P. Martin NAY: None ABSTAIN: ABSENT: Board Members Cooper and Dennis RECUSE: None MOTION TO APPROVE 3-0 Petition ARB 14-05 Reduction of Side Yard Setback 3603 N. Buena Vista Avenue 60 Discussion of ARB 14-05 on May 8, 2014 Associate Planner Sam Montoia presented the staff report for a variance request to reduce the side yard setback from 5 feet to 1.5 feet for the already constructed carport. The petitioner installed the carport to house his RV and it was installed within the required setback. Staff had received 10 letters of support from surrounding neighbors and one from a person outside of the neighborhood. There is a lot of support from the neighborhood and comments about how the structure looks. Staff feels that the request is in harmony with and not injurious to the neighborhood. Mr. Montoia indicated that there is an existing brick wall along the neighbor’s property line. Staff is recommending approval with the condition that the petitioner must meet all building code requirements. Mr. Montoia stated that there is a member of the building inspection division available at the meeting to answer any questions from the Board. Board Member Paul Martin asked how this issue came to Staff’s attention. Mr. Montoia stated that a call was received by the City and that Building Inspection investigated that call. Mr. Montoia stated that the petitioner shared that he thought since it was a temporary type building that it didn’t require a permit. Petitioner Paul Candelaria of 3603 N. Buena Vista Avenue, stated he was told he didn’t need a building permit. He stated he knew someone called the City, but that didn’t matter to him, he was there to fix the error on his part. He added that he now knows to go and talk to the city before he builds anything. Nancy Sies of 3601 N. Buena Vista Avenue stated she lives in the house on the south side of the Candelaria’s. She stated that before it was built Mr. Candelaria talked to us and asked if it was okay with us. She added that this carport and home are very well taken care of and that in her opinion this is the prettiest carport she has seen. Plus, when you’re driving down the street you can’t see it until you are right in front of it, because my house blocks the carport. Board Member Nick Martin asked if there was any drainage during a rainstorm or downpour. Ms. Sies stated that there is a space between the carport and the property line so no water falls on her property. She added that she is in favor of this petition. There was no one else present to speak in favor of, or in opposition to, this petition. Board Member Paul Martin asked the Chief Building Inspector to address staff’s concerns. Chief Building Inspector Leo Hardie stated there were three concerns. The first is the carport covering a bedroom window, which part of the carport would need to be removed to clear egress from that window. Second, there is some sheetrock on the south side of the structure, along the fence line, and third, the whole carport would need to be shifted forward a short distance. Mr. Hardie indicated the Mr. Candelaria has agreed to correct all three of these concerns. Board Member Nick Martin asked if the window would need to be shift forward. Mr. Hardie stated the carport would shift forward so that any egress from that window would not be under the carport. Chairman O’Keefe asked if this petition was granted, would the petition have to comply with building and fire codes. Mr. Hardie answered yes. Mr. Montoia identified that there were two more letters of support that were submitted after the agenda was published. Board Member Nick Martin stated that not too long age the board denied a petition for this very similar situation because it was a fire code violation where the carport was installed in front of a window for egress. He added that he understands that the petitioner has agreed to address all three of the concerns mentioned tonight and to meet the building and fire code requirements. 61 Board Member Nick Martin made a motion to approve ARB 14-06. The motion was seconded by Board Member Paul Martin and upon voice vote passed unanimously by 3-0. Administrative Review Board Action of May 8, 2014 A motion was made to approve Petition No. ARB 14-05, a request from Paul Candelaria for a variance to reduce the 5-foot required side yard setback to a distance of 1.5-feet for a carport located at 3603 N. Buena Vista Avenue and to complete the required modifications to meet all building and fire code requirements. AYE: Chairman O’Keefe and Board Members N. Martin and P. Martin NAY: None ABSTAIN: ABSENT: Board Members Cooper and Dennis RECUSE: None MOTION TO APPROVE 3-0 Petition ARB 14-06 Reduction of Front Yard Setback 6001 Carl Avenue Discussion of ARB 14-06 on May 8, 2014 Senior Planner Cynthia Lopez presented this request for a reduction in the 25-foot required front yard setback by 5.08 feet to a distance of 19.95 feet for property located in the SF-7 Single- Family Residential District at 6001 Carl Avenue. This property is narrower than other properties in the district and the road curves along the front property line. The Carl Arroyo is located at the rear on the property. Ms. Lopez identified that because of the arroyo, the building footprint cannot be moved back, so a reduction to the front setback is being requested. The part of the building that would encroach into the front setback is a small portion of the garage. Staff recommended that this property has special circumstances and is unique. The construction will align with the neighboring home and also meet the character of the neighborhood. Staff feels this is a minimum easing of the code and recommends approval of ARB 14-06. Board Member Paul Martin stated that he would like to commend staff for their thoroughness and willingness to work with people and look out for the citizens. He added that he had seen some variance requests that were recommended for denial for just six inches. Petitioner Bryan McCarty of 5602 Villa View Drive stated that most of the lots in this subdivision are 60x134 feet but this lot is 87x92 feet because of the curvature of Carl Avenue. He added that this home will not stick out even with the reduction of the 5 feet. He stated that he has no objection to staff’s recommendation and is looking forward to building a home and making use of this vacant land. There was no one else present to speak in favor of, or in opposition to, this petition. Board Member Paul Martin asked if the arroyo flooding issues and footing requirements were addressed with the City Engineer. Ms. Lopez stated that there were no comments received on the subject from the engineer. Mr. McCarty added that all of the lots have current flood certification done by Mr. Don Fallon and Mr. Farnsworth, who developed the subdivision. Board Member Paul Martin asked about the south east corner of the lot where it appears that some soil erosion has taken place, and if there is any mitigiation in place to ensure this new home 62 does not cause flooding to that identified area. Ms. Lopez stated that during the building permit process the engineer will look at the drainage and any flood issues for this property. Board Member Nick Martin made a motion to approve ARB 14-06. The motion was seconded by Board Member Paul Martin and upon voice vote passed unanimously by 3-0. Administrative Review Board Action of May 8, 2014 A motion was made to approve Petition No. ARB 14-06, a request from Bryan McCarthy for a variance to reduce the 25-foot required front yard setback by 5.08 feet to a distance of 19.95- feet for property located at 6001 Carl Avenue. AYE: Chairman O’Keefe and Board Members N. Martin and P. Martin NAY: None ABSTAIN: ABSENT: Board Members Cooper and Dennis RECUSE: None MOTION TO APPROVE 3-0 Petition ARB 14-07 Off-site Sign 3011 Bloomfield Hwy Discussion of ARB 14-07 on May 8, 2014 Associate Planner Sam Montoia presented the request for an off-site sign for a business at 1201 Dowell, co-located on the same pole with an on-site sign on property located at 3011 Bloomfield Highway. There are currently no other principal free-standing signs within 100 feet of this sign. This petition is required because the width of the highway at this location is approximately 154 feet and the UDC requires a 200 foot width and also to be on a principal arterial. New Mexico Department of Transportation (NMDOT) has identified Bloomfield Highway as a Scenic Byway. This off-site sign is to be co-located with an on-site sign for the business at 3011 Bloomfield Highway. Mr. Montoia also identified that the size of the off-site sign is greater than the allowed square feet based on the ratio of 1 square foot for every 5 linear feet of highway frontage. This location has 121 linear feet so the maximum size of the sign would be 24 square feet. The proposed signs would each be 4x8 feet, or 32 square feet. Chairman O’Keefe asked for clarification of the sizes of the signs. Mr. Montoia stated that the on-site sign does not need any approvals as its right is existing, but the addition of the off-site sign on the same pole exceeds the allowable dimensions of the off- site sign based on linear frontage along Bloomfield Highway. Staff is recommending approval of both the 32 square foot size and the off-site principal free-standing sign. Board Member Nick Martin asked if the sign has a safe distance from the power line and if it is outside the safe sight triangle. Mr. Montoia stated that this sign is approximately 10 feet away from the power lines and meets the standards for the safe sight triangle. Board Member Paul Martin asked if the foundation for the sign has been analyzed to support the signage being doubled in size. Ms. Lopez stated that the contractor has to do that as a part of the permit application process and it would be checked at the building permit stage. Chairman O’Keefe asked how this sign is on-site. Mr. Montoia explained the top portion (4’x8’) is for the business 63 at 3011 Bloomfield Highway and the bottom portion (4’x8’) would advertise and direct customers to the business located to the south at 1201 Dowell Road. Board Member Paul Martin asked if the Dowell Road frontage is also included in the calculations. Mr. Montoia stated the off-site sign dictates the Bloomfield Highway frontage dimension is used because it is a principal arterial. Petitioner Donnie Dearen of Doghouse Supply stated that he has been in business for 9 years and the reason for this variance to help customers locate their business and build their business. He added that there is a letter of agreement between the owner of the property and himself to allow this sign. Co-Owner of Doghouse Supply, Mike Weirs stated that their business property is located at the end of a dead end street, so there is no drive-by traffic. He identified that the proposed sign has a large arrow to direct customer to help find the location which will improve and grow their business. There was no one else present to speak in favor of, or in opposition to, this petition. Chairman O’Keefe asked staff what the minimum distance between off-site signs and principal free-standing off-site signs was. Mr. Montoia stated that the separation requirement is 100 feet. Board Member Paul Martin made a motion to approve ARB 14-07, the motion was seconded by Board Member Nick Martin. Chairman O’Keefe stated the he is a bit concerned that the Board is seeing more off-site advertising requests, and that the code should be revisited, because it is so restrictive at 200 feet street width. He stated that even if the 200 feet was available at some point, it’s been almost impossible to get an off-site sign location. Ms. Lopez stated that these are the types of items that will be looked at as the UDC is reviewed. Administrative Review Board Action of May 8, 2014 Board Member Paul Martin made a motion to approve Petition No. ARB 14-07, a request from Donnie Dearen for a variance to allow an off-site sign on a principal arterial less than 200 feet in width and also for the sign sizes to be 32 square feet, in excess of the 24 square feet allowed. AYE: Chairman O’Keefe and Board Members N. Martin and P. Martin NAY: None ABSTAIN: ABSENT: Board Members Cooper and Dennis RECUSE: None MOTION TO APPROVE 3-0 Business from the Floor: There was no business from the Floor. Business from the Chair: There was no business from the Chair. Business from Members: There was no business from the Members. Business from Staff: Ms. Lopez stated that Associate Planner Fran Fillerup is on temporary loan to the MPO Office until the MPO Planner position is filled. 64 Adjournment: The May 8, 2014 Meeting of the Administration Review Board was adjourned at 6:59 pm. ___________________________ __________________________ Tom O’Keefe – Chairman Dee Dee Moore, Office Manager 65