Administrative Review Board

A G E N D A City of Farmington Administrative Review Board October 9, 2014  A G E N D A Administrative Review Board City Council Chambers 800 Municipal Drive, Farmington, NM October 9, 2014 at 6:00 p.m. Item Page No. 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes from the September 4, 2014 Meeting 17 4 Petition No. ARB 14-14 – a request from Richard Armistead for a variance 1 for a vehicle repair business located within 200 feet of a residential district at 1209 Basin Road. (Sam Montoia) 5 Workshop on “Quasi-Judicial Proceedings” presented by Jennifer Breakell, Deputy City Attorney. 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16  MINUTES ADMINISTRATIVE REVIEW BOARD September 4, 2014 - 6:00 P.M. The Administrative Review Board met in regular session on Thursday, September 4, 2014 at 6:00 p.m. in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico. Members Present: Chairman Tom O’Keefe Ireke Cooper Nick Martin Members Absent: James Dennis Paul Martin Staff Present Mary Holton Cynthia Lopez Dee Dee Moore Others Addressing the Board Scott Maxwell Phil Offerle Alberta Wethington Call to Order The meeting was called to order at 6:00 p.m. by Chair 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 except to identify that the minutes being approved were from the June 5, 2014 meeting not the May 8, 2014 meeting and accepted with the noted date correction. Approval of the Minutes from the June 5, 2014, Regular Meeting A motion was made by Board Member Nick Martin to approve the minutes from the June 5, 2014, regular meeting. The motion was seconded by Board Member Ireke Cooper and passed unanimously by a vote of 3-0. Petition ARB 14-12 3903 Crestridge Drive – Side Yard Setbacks Discussion of ARB 14-12 on September 4, 2014 Senior Planner Cynthia Lopez presented the staff report, a request to replace a temporary canvas covered structure with a metal structure six inches from the property line, which will reduce the five foot side yard setback by four feet six inches. Staff is recommending denial of petition ARB14-12. Board Member Cooper asked if a permit was required for the temporary structure. Ms. Lopez stated she assumed a permit was not issued. 17 Mr. Phil Offerle of 5848 Hwy 64, representative for the petitioner, stated that this structure would not be attached to the home, but is a freestanding structure. Board Member N. Martin asked about the pitch of the roof and if water drainage would affect the neighboring property. Mr. Offerle stated that there is a slight pitch to the roof and the driveway was recently replaced with concrete so all water flow will remain on the petitioner’s property. Mr. Offerle stated that the client wants the ability to remove the structure if he moves from this property. Chairman O’Keefe asked if this would be a steel structure. Mr. Offerle stated it would be with 5/8 inch firewall along the fence. Board Member Cooper asked if the fence was cinder block. Mr. Offerle stated that yes it was, the original wood fence has been removed and replaced with cinder block. Mr. Offerle stated that the petitioner could address to the justification for this variance. Mr. Maxwell of 3903 Crestridge Drive felt that to deny this petition would cause him a hardship. He added that he would like to protect his investment in classic cars, a boat and other vehicles. The structure will protect them from the elements. He added that he spoke with the neighbor to the south and they do not have an issue with this structure. He stated that the Fire Department would be able to access the rear yard through an opening on the north side of the property. Chairman O’Keefe asked about placing the structure in the rear yard. Mr. Maxwell stated that it would be hard to back in a boat trailer around the residence. There was no one else present to speak in favor of, or in opposition, to this petition. Director Holton reminder the board that during the building application review all building codes would need to be met. Ms. Lopez stated that the structure is 13 feet wide, but if it was smaller and the setbacks were maintained there would not need to be a variance. Board Member N. Martin asked is there are any windows or doors on the south side of the residence. Mr. Offerle stated only a kitchen window approximately 2.5 feet by 3 feet. Board Member Cooper stated that his initial concern was with drainage, but those concerns have been addressed and answered to his satisfaction. He added that it appears that this is a significant investment and a snag at the 11th hour. Board Member Ireke Cooper made the motion to approve ARB14-12. The motion was seconded by Board Member Nick Martin. Administrative Review Board Action of September 4, 2014 A motion was made by Board Member Ireke Cooper and seconded by Board Member Nick Martin to approve Petition No. ARB 14-12, a request from Scott Maxwell, represented by Phil Offerle, for a variance to allow a carport six inches from the principle structure and encroaching into the required 5 foot side yard setback by 4 feet 6 inches in the SF-7 Single-family Residential District at 3903 Crestridge Drive. AYE: Board Members Cooper and N. Martin NAY: Chairman O’Keefe ABSTAIN: None ABSENT: Board Members P. Martin and J. Dennis RECUSE: None MOTION TO APPROVE 2-1 Board Member Cooper stated that his justification was that this would be a hardship if denied because of the significant investment for the work already completed. He believes that it was not necessarily the owners that got themselves into this situation. He believes the drainage 18 concerns he had were addressed and that there is no opposition from the neighbor to the south or any other affected parties. Board Member N. Martin stated that his justification was that there is currently a structure in place and a permanent structure would be a safer structure and this is a minimum easing of the code. Petition ARB 14-13 3901 Crestridge – Setbacks and Number of Accessory Buildings Board Member Nick Martin stated that he has a conflict of interest and would prefer not to vote, comment, or make a motion. He indicated that he would abstain, thereby keeping a quorum for the meeting. The petition was presented at this time. Discussion of ARB 14-13 on September 4, 2014 Senior Planner Cynthia Lopez presented the staff report, a request from Alberta Wethington, represented by Phil Offerle, for a variance to allow a 20 foot by 30 foot patio cover within 2 feet of the principle structure and encroaching into the required 15 foot rear yard setback by 9 feet, and to allow a fourth accessory structure in the SF-7 Single-family Residential District at 3901 Crestridge Drive. Ms. Lopez stated that an accessory structure must be 10 feet from the principle structure and no more than 3 accessory structures are allowed on the property. The proposed structure is only two feet from the principal structure. However, even with the fourth structure the maximum square footage for accessory structures would meet the code. Chairman O’Keefe asked if this was for a car. Mr. Phil Offerle, representative for Ms. Weatherly, stated that one of the structures in the back yard is just a pergola with a picnic table and bar-b-que. The new structure will be for a small motor home, open on the sides and the same type of construction as the previous petition. He added that there is a small slab that will be expanded to the size of this new structure. Chairman O’Keefe asked how they would get the motorhome into the rear yard. Mr. Offerle stated that when the wood fencing was replaced with cinder block, the existing small gate was replaced with a 16 foot gate on the south property line adjacent to the right-of-way. Mr. Offerle stated that the petitioner would be willing to give up the pergola to meet the requirement for only 3 accessory structures. This petitioner also has invested in automobiles and classic cars and this structure would allow the petitioner to move the motorhome to the rear of the home. Chairman O’Keefe stated that it appears this is another situation where work was done before the permit process was undertaken. Mr. Offerle shared that it was in the general plan, but the petitioner decided there would be more space for the cars if the motor home was parked in the rear. Petitioner Ms. Wethington stated that they had attempted to cover the motorhome with a fabric cover, but it didn’t last or protect the motorhome. She added that by allowing this structure in the rear it would protect her property and keep it safe from vandalism. There was no one else present to speak in favor of, or in opposition, to this petition. Board Member Cooper asked if the pergola was an accessory structure even though it does not have a permanent foundation. Ms. Lopez stated yes it was. She added that if the proposed structure were attached to the home than the 10 foot clearance was not needed and the pergola could remain. Mr. Offerle indicated that they would be agreeable to that. 19 Chairman O’Keefe asked the petitioner if the proposed structure could be attached to the house. Mr. Offerle stated that the area where this could attach is at the rear of the garage and there are no doors or windows. Ms. Lopez stated that it attached the variance would then be only for the encroachment into the rear yard setback. Board Member Cooper asked if the request would then be for only 1 variance rather than 3 variances. Ms. Lopez stated yes, that was correct. Mr. Offerle stated that they would like to leave the footprint of the structure where it is because the angle allows easier access to the structure, and could possibly attach the pergola to the home. He added that if that didn’t work for the Board that they were willing to work with the building department. Board Member Ireke Cooper made a motion to approve ARB 14-13 with the addition of a condition that the 20x30 foot proposed structure be attached to the end of the house. The motion was seconded by Chairman O’Keefe and upon voice vote passed by 2-0-1. Administrative Review Board Action of September 4, 2014 A motion was made by Board Member Ireke Cooper and seconded by Chairman O’Keefe to approve Petition No. ARB 14-13, a request from Alberta Wethington, represented by Phil Offerle, for a variance to allow a 20 foot by 30 foot patio cover attached to the principle structure and encroaching into the required 15 foot rear yard setback by 7 feet, in the SF-7 Single-family Residential District at 3901 Crestridge Drive. AYE: Chairman O’Keefe and Board Member Ireke Cooper NAY: None ABSTAIN: Board Member Nick Martin ABSENT: None RECUSE: None MOTION TO APPROVE 2-0-1 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: Board Member Nick Martin stated that he will be moving out of state and will be resigning his position on the Administration Review Board. He will provide his resignation in writing to the mayor. Business from Staff: There was no business from Staff Adjournment: The September 4, 2014 Meeting of the Administration Review Board was adjourned at 6:28 pm. ___________________________ __________________________ Tom O’Keefe – Chairman Dee Dee Moore, Office Manager 20 The following presentation was given at the New Mexico State Planning Conference last week. It is being provided to you as general information.