Administrative Review Board

A G E N D A Administrative Review Board City Council Chambers 800 Municipal Drive, Farmington, NM July 9, 2015 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 June 4, 2015 Meeting 14 4 Petition No. ARB 15-07 – a request from Joe Hewitt for a variance to allow a 6-foot street side yard setback for a garage that will align with the existing house along the south property line for property located at 1940 Lions Trail in the RE-1 Single-family Residential District. (Cindy Lopez) This petition has been postponed until August 6, 2015 at the petitioner’s request. 5 Petition No. ARB 15-08 – a request from Larry McLey, represented by 1 Sakura Engineering, for a variance to allow a 10-foot setback along the north property boundary reducing the required 30-foot residential protections setback as set forth by UDC Section 5.10 for property located at 941 Schofield Lane. (Steven Saavedra) 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  MINUTES ADMINISTRATIVE REVIEW BOARD June 4, 2015 – 6:00 P.M. The Administrative Review Board met in regular session on Thursday, June 4, 2015 at 6:00 p.m. in the City Council Chamber, 800 Municipal Drive, Farmington, New Mexico. Members present: Chairman Ireke Cooper James Dennis Paul Martin Lynn Scott Adam Soukup Members absent: None Staff present: Cindy Lopez Mary Holton Sam Montoia Karen Walker Others addressing the board: Shawn Adams Craig Yoshimoto Call to Order The meeting was called to order at 6:03 p.m. by Chair Cooper and there being a quorum present the following proceedings were duly had and taken. Approval of the Agenda Senior Planner Lopez made an amendment to the agenda. Petition No. ARB 15-06, a request from Shawn Adams, represented by James Dennis for a variance should read “to allow a 11’ 5” side yard setback on the south, and a 16’ 6” front yard setback on the west, for a building located at 410 N. Auburn Avenue in the LNC Local Neighborhood Commercial District.” A motion was made by Board Member Martin, seconded by Board Member Scott, to approve the amended agenda. The motion passed unanimously by a vote of 5-0. Approval of the Minutes from the May 21, 2015 Regular Meeting Board Member Martin made a motion to approve the minutes of the May 21, 2014, regular meeting. The motion was seconded by Board Member Dennis and passed unanimously by a vote of 5-0. Swearing in of Witnesses All parties that wished to speak on behalf of any agenda item were sworn in by Karen Walker. 14  Petition No. ARB 15-04 A Variance to the Allowed Size of a Commercial Sign 3030 E. Main St. Suite W2 Discussion of ARB No. 15-04 on June 4, 2015 Associate Planner Sam Montoia presented the staff report, a request from San Juan Associates, represented by Craig Yoshimoto, Property Manager Peterson Properties LLC. The petitioner seeks a variance to the allowed size of a commercial sign for property located at 3030 East Main Street Suite W2 in the GC General Commercial District. This is the former site of Don Dinero. The business owner would like to install a 38 square foot sign. The linear frontage of the space is 30 feet. The Alexander sign measures 149 inches by 37 inches. Mr. Montoia also stated that the sign existed to the west of Staples in the same shopping complex. Building permit records indicated that the sign was installed in September 2007. Mr. Montoia said that the sign was installed prior to adoption of the UDC and was therefore a legally nonconforming sign. The Community Development Department recommends approval of Petition ARB 15-04 for a variance to allow the existing sign of 38 square feet along the north façade at 3030 East Main Street Suite W2 in the GC General Commercial District. Craig Yoshimoto, 3030 E. Main Street, explained that an opportunity came to move Alexander’s to the vacant Don Dinero location. The variance request for the sign will prevent incurring the cost of a new sign. Board Member Dennis said that in his opinion, the sign fit with the area. Administrative Review Board Action of June 4, 2015 A motion was made by Board Member Martin and seconded by Board Member Scott to approve Petition No. ARB 15-04 for a variance to allow a38 square foot sign in the GC General Commercial District located at 3030 E. Main Street, Suite W2. AYE: Chair Cooper, Board Members Dennis, Martin, Scott, and Soukup. NAY: None ABSTAIN: None ABSENT: None MOTION TO APPROVE 5-0 Petition No. ARB 15-06 A Variance to the Front, Rear and Side Yard Setbacks 410 N. Auburn Avenue Board Member Dennis recused himself and left the room due to a conflict of interest with Petition ARB 15-06. Discussion of ARB No. 15-06 on June 4, 2015 Senior Planner Cindy Lopez presented the staff report, a request from Shawn Adams, represented by James Dennis, for a variance to allow a 11’ 5” side yard setback on the south, 15 and a 16’ 6” front yard setback on the west of the building located at 410 N. Auburn Avenue in the LNC Local Neighborhood Commercial District. The building is a dance studio on the corner of Apache Street and Auburn Avenue. The site includes two lots. The building sits on the south property and the north lot consists of a parking lot. The existing building is a legal non- conforming structure in the district. The front of the building currently encroaches on the front yard setback. It sits 16’ 6” from the front property line. The petitioner would like to expand on the studio space by adding onto the north, south and east side of the building. The addition will encroach into the side yard setback to the south allowing an 11’ 5” side yard setback. The building is already 15’ from the property line on the south. The addition will not encroach into the east rear yard or the north side yard setback. Ms. Lopez explained the property to the north is zoned SF-7 Single Family. The property to the east is zoned MU RPO Mixed Use with a Residential Preservation Overlay. The property to the west is MF-L Multifamily Low Density. The requested setbacks are less than those required by surrounding properties. This is a minimum easing of the code. Staff feels the request conforms to the existing character of the neighborhood. The request will not be detrimental to the neighbors. Therefore, the Community Development Department recommends approval of Petition ARB 15-06. Board Member Soukup said his daughter goes to this dance studio. He stated he would not have any financial gain involved with his vote. Other Board Members had no issue with his participation in the vote. Board Member Martin asked why this area was not GC General Commercial. Ms. Lopez explained LNC Local Neighborhood Commercial is more conducive to neighborhood needs and is more restrictive as far as uses in a neighborhood. Shawn Adams, 25 Rd 3905, Aztec, stated he owns the building and the tenant has been there for 12 years. He wants to remodel the building to make it more usable as a dance studio for the tenant. Administrative Review Board Action of June 4, 2015 A motion was made by Board Member Martin and seconded by Board Member Scott to approve Petition No. ARB 15-06 for a variance to allow an 11’ 5” side yard setback on the south, and a 16’ 6” front yard setback on the west of the building in the LNC Local Neighborhood Commercial District located at 410 N. Auburn Avenue. AYE: Chair Cooper, Board Members Martin, Scott, and Soukup. RECUSED: Board Member Dennis NAY: None ABSTAIN: None ABSENT: None MOTION TO APPROVE 4-0 16 Business from the Floor: There was no business from the floor. Business from the Chair: There was no business from the Chair. Business from the Members: There was no business from the Board Members. Business from Staff: There was no business from Staff. Adjournment: The June 4, 2015 meeting of the Administrative Review Board was adjourned at 6:26 p.m. _________________________________ ________________________________ Ireke Cooper –Chairman Karen Walker-Administrative Assistant 17