Administrative Review Board

A G E N D A Administrative Review Board City Council Chambers 800 Municipal Drive, Farmington, NM October 8, 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 August 6, 2015 Meeting 15 4 Petition No. ARB 15-12 – a request from Don Elwell, Jr., represented by 1 Todd Wagener of Wagener Engineering for a variance to allow a front yard setback of 12 feet in the IND Industrial District for property located at 1610 E. Cedar St. (Cindy Lopez) 5 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  MINUTES ADMINISTRATIVE REVIEW BOARD August 6, 2015 – 6:00 P.M. The Administrative Review Board met in regular session on Thursday, August 6, 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 Members absent: Adam Soukup Staff present: Cindy Lopez Mary Holton Steven Saavedra Karen Walker Others addressing the board: Chris Beal Jason Groen Joe Hewitt 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 Martin, seconded by Board Member Scott, to approve the agenda. The motion passed unanimously by a vote of 4-0. Approval of the Minutes from the July 9, 2015 Regular Meeting Board Member Dennis made a motion to approve the minutes of the July 9, 2014, regular meeting. The motion was seconded by Board Member Martin and passed unanimously by a vote of 4-0. 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 15-07 A Variance to the Street Side Yard Setback 1940 Lions Trail Discussion of ARB No. 15-07 on August 6, 2015 Senior Planner Cindy Lopez presented the staff report, a request from Joe Hewitt, for a variance to allow 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 Residential Estates District. The request is to allow a 6 foot street side yard setback. The property owner dedicated a portion of the 33 foot patent easement along the south and east property lines when he 15 subdivided in December of 2012. The residence sits on a sandstone bluff overlooking the 1.09 acre parcel of land. Lions Trail is at the same elevation as the bluff. The rest of the property is approximately 20 feet below the bluff. The petitioner was approved for a building permit for the shed on the site in September 2014. Ms. Lopez stated the petitioner is requesting a variance to allow the location of a garage to the east of the existing residence in the only area large enough on top of the bluff to accommodate the garage. The property is unique in that it is constrained by elevation differences in the landscape and the 33 foot easement to the south. Lions Trail dead ends at the property and therefore the garage, at 6 feet from the side property line, will not be detrimental to the neighbors or the neighborhood. The Community Development Department recommends approval of Petition ARB 15-07 from Joe Hewitt for a variance to allow a 6 foot side yard setback for the construction of a garage located at 1940 Lions Trail. Ms. Lopez explained the patent easement was put into place on the south and east side of each lot so the lots would not be landlocked when they were divided into 2.5 acre lots. The terrain was not taken into consideration when the lots were subdivided. Joe Hewitt of 1940 Lions Trail stated the portion of the patent easement was dedicated to the City for turn-around space for fire trucks. The house was set back from the 33 foot easement which is not dedicated, meeting the setback requirement on RE-1. The garage would line up with the front of the house. Administrative Review Board Action of August 6, 2015 A motion was made by Board Member Martin and seconded by Board Member Scott to approve Petition No. ARB 15-07 for a variance to allow a 6-foot street side yard setback for the construction of 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 Residential Estates District. AYE: Chair Cooper, Board Members Dennis, Martin, and Scott. NAY: None ABSTAIN: None ABSENT: Board Member Soukup. MOTION TO APPROVE 4-0 Petition No. ARB 15-09 A Variance to the Side Yard Setback 1795 E. 20th Street Discussion of ARB No. 15-09 on August 6, 2015 Senior Planner Cindy Lopez presented the staff report, a request from Jason Groen of TechnaGlass Retail Service, for a variance to allow a reduction in the required side yard setback from 20 feet and the 30 foot residential protections setback to 5 feet; and for the size of an accessary structure on the lot for the construction of a detached warehouse building for property located at 1795 E. 20th Street in the LNC Local Neighborhood Commercial District. 16 For a variance to the size of the warehouse, pursuant to Section 2.5.2B the total gross floor area of all accessory structures that are built in the required rear or side yard on a lot shall not exceed 1,000 square feet or 50% of the total gross floor area of the principal structure on the lot. The principal structure is approximately 4,700 square feet and the proposed warehouse building is approximately 3,026 square. The total square footage allowed in the required rear or side yard would be 2,350 square feet for this lot. Ms. Lopez explained the property abuts 20th street on the north, Sullivan Avenue and Fairgrounds Road on the east and Yucca Avenue on the south. The TechnaGlass site is elevated approximately 8 feet above the residential site to the west. The petitioner installed an 8 foot retaining wall along the shared property line with the residence. The property drops down at a slope to Yucca Avenue on the south. A drainage pond is located on the southeast corner of the lot at the toe of the slope. The proposed warehouse building is at the same level as the main building. Ms. Lopez discussed another constraint on the property. There is an overhead electric easement that runs east/west on the petitioner’s property and also runs through the residential property to the west. The property to the west has an overhead electric easement that runs north/south through that lot. The house that was built on the property was required to be built as far to the west as possible to miss the electric easement. There is an unbuildable area that is approximately 22 feet from the adjoining property line between the petitioner’s property and the residential property. This would allow a distance of 27 feet between the residence and the warehouse. Ms. Lopez concluded staff recommends approval of ARB 15-09 is appropriate. The property is unique in that it is constrained by elevation differences and electric easements. The request is a minimum easing of the code as the residential property to the west also has an electric easement that creates a 22 foot buffer on that property. The warehouse building should not be injurious to the one residential property to the west as it sits 8 feet above that property and will be required to install a fence. Jason Groen of 5500 Railroad Drive, owner of TechnaGlass, stated that the retaining wall was originally built so that an accessory structure could be built on the property. The warehouse would protect the residential neighbor from noise and excessive lighting. Access to the warehouse would come from 20th street. Administrative Review Board Action of August 6, 2015 A motion was made by Board Member Martin and seconded by Board Member Scott to approve Petition No. ARB 15-09 from Jason Groen of TechnaGlass Retail Service for a variance to allow a reduction in the required side yard setback from 20 feet and the 30 foot residential protections setback to 5 feet; and for the size of an accessary structure on the lot for the construction of a detached storage/warehouse building for property located at 1795 E. 20th Street in the LNC Local Neighborhood Commercial District. AYE: Chair Cooper, Board Members Dennis, Martin, and Scott. NAY: None ABSTAIN: None ABSENT: Board Member Soukup. MOTION TO APPROVE 4-0 17  Petition No. ARB 15-10 A Variance to Two Freestanding Signs 1600 E. 20th Street Discussion of ARB No. 15-10 on August 6, 2015 Associate Planner Steven Saavedra presented the staff report, a request from 4 Monkey, LLC, represented by 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. Mr. Saavedra explained that pursuant to UDC 5.8.7(D) 3, no two freestanding signs shall be within 300 feet of each other on the same street frontage in the General Commercial Zoning District. 4 Monkeys, LLC intends to have two businesses on the property. The intended businesses are Grease Monkey Lube and Monkey Shine & Car Wash. The petitioner would like to differentiate the two businesses with two different signs. The petitioner received approval for the Monkey Shine & Car Wash Sign on July 1, 2015. However, the Grease Monkey Lube sign was not approved because it is within 170 feet of the other sign. Mr. Saavedra stated staff recommends approval of ARB 15-10. The petitioner is not significantly modifying or expanding the freestanding sign, which has existed for 10 years. If the freestanding sign on the corner were 10-feet to the north, it would be on a different street frontage. The Community Development Department does not believe these two freestanding signs negatively affect the surrounding neighborhood. Board Member Martin inquired as to whether the traffic engineers had approved the sign on the corner for height and sight distance. Mr. Saavedra stated traffic did not have any issues. Chris Beal of 6441 Hawkeye Street is one of the owners of the property at 1600 E. 20th Street. Mr. Beal stated the intention is to replace the existing signage. The corner sign would actually be smaller than the existing sign. Mr. Beal stated the signs are needed to reflect that the businesses are operating independently. Board Member Dennis asked how the signs were in non-compliance if they were just being replaced. Ms. Lopez said the code states that two signs cannot be within 300 feet of each other on the same business frontage. The signs are being expanded on, which requires that all signage must come into compliance with the current code. Therefore, the signs lose their non- conforming status. Administrative Review Board Action of August 6, 2015 A motion was made by Board Member Dennis and seconded by Board Member Martin to approve Petition No. ARB 15-10 for a variance from 4 Monkeys, LLC, represented by Ken Stevens, to allow two freestanding signs within 170 feet of each other on the same street frontage located at 1600 E. 20th Street. AYE: Chair Cooper, Board Members Dennis, Martin, and Scott. NAY: None ABSTAIN: None ABSENT: Board Member Soukup. MOTION TO APPROVE 4-0 18 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 Board Members. Business from Staff: There was no business from Staff. Adjournment: The August 6, 2015 meeting of the Administrative Review Board was adjourned at 6:38 p.m. _________________________________ ________________________________ Ireke Cooper-Chairman Karen Walker-Administrative Assistant 19