Administrative Review Board

A G E N D A Administrative Review Board City Council Chambers 800 Municipal Drive, Farmington, NM August 6, 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 July 9, 2015 Meeting 60 4 Petition No. ARB 15-07 – a request from Joe Hewitt for a variance to allow 1 a reduction in the street side yard setback from 15 feet to 6 feet for the construction of a garage for property located at 1940 Lions Trail in the RE-1 Single-family Residential District. (Cindy Lopez) 5 Petition No. ARB 15-09 – a request from Jason Groen of TechnaGlass Retail 20 Service for a variance to allow a reduction in the required side yard setback from 20 feet and the 30 feet residential protections setback to 5 feet for the construction of a detached storage/warehouse building for property located at 1795 E. 20th Street in the LNC Local Neighborhood Commercial District. (Cindy Lopez) 6 Petition No. ARB 15-10 – a request from 4 Monkeys, LLC, represented by 42 Ken Stevens, for a variance to allow two freestanding signs within 170 feet of each other on the same street frontage located at 1600 E. 20th Street on the northeast corner of E. 20th and Knudsen. (Steven Saavedra) Business from: 7 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 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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  MINUTES ADMINISTRATIVE REVIEW BOARD July 9, 2015 – 6:00 P.M. The Administrative Review Board met in regular session on Thursday, July 9, 2015 at 6:00 p.m. in the City Council Chamber, 800 Municipal Drive, Farmington, New Mexico. Members present: Chairman Ireke Cooper James Dennis Adam Soukup Members absent: Paul Martin Lynn Scott Staff present: Cindy Lopez Mary Holton Steven Saavedra Karen Walker Others addressing the board: Sherry Blackmon Jeff Holmes Larry McLey Call to Order The meeting was called to order at 6:00 p.m. by Chair Cooper 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 Dennis, seconded by Board Member Soukup, to approve the agenda. The motion passed unanimously by a vote of 3-0. Approval of the Minutes from the June 4, 2015 Regular Meeting Board Member Dennis made a motion to approve the minutes of the June 4, 2014 regular meeting. The motion was seconded by Board Member Soukup and passed unanimously by a vote of 3-0. Swearing in of Witnesses All parties that wished to speak on behalf of any agenda item were sworn in by Karen Walker. Petition No. ARB 15-08 A Variance to Allow a Reduction to the Required Residential Protection Setbacks 941 Schofield Lane Discussion of ARB No. 15-08 on July 9, 2015 Associate Planner Steven Saavedra presented the staff report, a request from Larry McLey, represented by Sakura Engineering & Surveying, 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 in the GC General Commercial District for property located at 941 Schofield Lane. The petitioner intends to sell the property to Budget Blinds. 60 Senior Planner Cindy Lopez explained that only a few of the justifications were met for allowing this variance. Staff felt that a 10-foot setback could be injurious to the neighbor to the north as that residence is built up to the adjoining property line. The 10-foot setback is a 66% reduction and is not a minimum easing of the code. Staff felt the building could be designed in such a way to accommodate the needs of the petitioner and still protect the residence to the north. There are no setbacks on the east and south sides of the property which will allow the building to be pushed to the east and south. Therefore, the applicant will not suffer hardship if the variance is denied. Mr. Saavedra stated the property located at 941 Schofield Lane was recently approved for a zone change from MF-L Multifamily Low Density District to the GC General Commercial District by City Council on June 9, 2015. The subject property is directly south of a residential home and directly west of MF-L Multifamily Low Density District. Ms. Lopez stated that during the City Council Meeting on June 9, 2015, the Councilors thought the 30-foot setback on the north and the 26-foot setback on the west would protect the neighbors if the property was zoned GC General Commercial rather than LNC Local Neighborhood Commercial, which would have provided residential protection by limiting more intense uses that are allowed in General Commercial. The Community Development Department concludes denial of ARB 15-08 is appropriate. Jeff Holmes of 3932 Manchester Street has owned Budget Blinds for 17 years. He stated that finding a small piece of property without an existing structure is difficult. Mr. Holmes stated that his proposal to shift the building to the north would benefit the neighbor because there will not be lights, traffic, or bay doors on the north side of the building. All access to the building would be on the south side. Therefore, shifting the building to the north would protect the residential property. Sherry Blackmon of 125 West Main, works for Sakura Engineering & Surveying. Ms. Blackmon stated that the north side of the building would be for water detention. The 41-feet on the south side would allow trucks to back in to unload and be clear of the alley during unloading. The parking on the east side would be for employees and customers. Ms. Blackmon stated that the placement of the building with the 10-foot setback on the north is the most efficient way to utilize the property and still accommodate the needs of Budget Blinds. Moving the building to the south and east would not allow enough room for trucks to pull in on the north side and make the turn around the building on the west side. Larry McLey of 5240 Juniper Place is the owner of the property. Mr. McLey stated that he knows of many buildings around town with this type of setback next to residential areas. Mr. McLey said the neighbors on the north would be happier with no lights or traffic on that side of the building. Ms. Blackmon explained how space was needed for the dumpster, the water detention, the parking, and the deliveries. She said Waste Management needs a 50-foot straight back-in space for the dumpster. Ms. Lopez asked Mr. Holmes if he would be the only user of the building. Mr. Holmes said the west side of the building would be leased. He hoped Budget Blinds would grow enough to utilize the entire building eventually. 61 Board Members discussed Petition ARB 15-08. The discussion was lengthy to determine justifications on this petition. Chair Cooper said not much could be done with the area on the north if the 10-foot setback were allowed and another business went into the space in the future. Mr. Cooper said the 10-foot setback could protect the residence on the north. Board Member Dennis said it would be worse for the residence if bay doors were on the north side. Mr. Dennis said a lot of thought went into the design of this lot, but it is important to protect the neighbor if other businesses were to occupy the space in the future. Board Member Soukup said he disagreed with the other ARB members on the justification in that the 10-foot setback will be injurious to the residential neighborhood, and he agreed with staff on all other justifications. Mr. Soukup said it would help if the neighbor to the north had come to the meeting. Mr. Soukup did not feel he could approve this petition. Administrative Review Board Action of June 4, 2015 A motion was made by Board Member Dennis and seconded by Board Member Soukup to approve Petition No. ARB 15-08 for a variance to allow a 10-foot setback along the north property boundary reducing the 30-foot residential protections setback in the GC General Commercial District for property located at 941 Schofield Lane. AYE: Chair Cooper and Board Member Dennis. NAY: Board Member Soukup ABSTAIN: None ABSENT: Board Members Dennis and Scott. MOTION TO APPROVE 2-1 Business from the Floor: There was no business from the floor. Business from the Chair: There was no business from the Chair. Business from the Members: There was no business from the Board Members. Business from Staff: There was no business from Staff. Adjournment: The July 9, 2015 meeting of the Administrative Review Board was adjourned at 6:51 p.m. _________________________________ ________________________________ Ireke Cooper-Chairman Karen Walker-Administrative Assistant 62