Administrative Review Board

A G E N D A Administrative Review Board City Council Chambers 800 Municipal Drive, Farmington, NM December 3, 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 October 8 and November 5, 2015 38 Meeting 4 Petition No. ARB 15-15 – a request from R & D Investments, LLC., 1 represented by Othoniel Bejarano of Food Service Concepts Inc., for a variance to the required 30 foot front yard setback to allow a front yard setback of 10 feet in the IND Industrial District, for property located at 600 Scott Avenue. (Keith Neil) 5 Petition No. ARB 15-16 – a request from Top Performance Management 19 LLC., represented by Timothy Christensen Architect, for Beckland Dental, for a variance to the required 20 foot side yard setback to allow a 10 foot side yard setback in the LNC Local Neighborhood Commercial Zoning District, for property located at Beckland Drive next to Enterprise Rent-A- Car. (Steven Saavedra) 6 Review and approval of the 2016 ARB Meeting Calendar 37 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 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  ADMINISTRATIVE REVIEW BOARD ARB 2016 Regular Meeting Schedule Date Time & Location January 7, 2016 st February 4, 2016 DAY: 1 Thursday (after the 1st Tuesday) March 3, 2016 of each month April 7, 2016 TIME: 6:00 p.m. May 5, 2016 June 9, 2016 LOCATION: July 7, 2016 Farmington City Hall August 4, 2016 City Council Chambers 800 Municipal Drive September 8, 2016 Farmington, New Mexico October 6, 2016 November 3, 2016 December 8, 2016 January 5, 2017 ATTENTION PERSONS WITH DISABILITIES: The meeting room and facilities are fully accessible to persons with mobility disabilities. IF you plan to attend the meeting and will need auxiliary aid or service, please contact the City Clerk’s Office at 599-1101 or 599-1106 prior to the meeting so that arrangements can be made.  MINUTES ADMINISTRATIVE REVIEW BOARD November 5, 2015 – 6:00 P.M. The Administrative Review Board met in regular session on Thursday, November 5, 2015 at 6:00 p.m. in the City Council Chamber, 800 Municipal Drive, Farmington, New Mexico. Members present: James Dennis Paul Martin Lynn Scott Members absent: Chair, Ireke Cooper Adam Soukup Staff present: Cindy Lopez Keith Neil Steven Saavedra Karen Walker Others addressing the board: Dan Garcia Suzen Hickey Ron Lyman Call to Order The meeting was called to order at 6:16 p.m. by Vice-Chair Dennis 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 3-0. Approval of the Minutes from the October 8, 2015 Regular Meeting Vice-Chair Dennis made a request to table the approval of the Minutes until the next ARB meeting. Board Members Martin motioned to table and Board Member Scott seconded the motion. The motion passed with a 3-0 vote. Swearing in of Witnesses All parties that wished to speak on behalf of any agenda item were sworn in by Karen Walker. When asked if any Board Members had a conflict of interest, Board Member Martin asked Dan Garcia, who was present in the audience, if he was a petitioner. Mr. Garcia said he was there to help Ms. Hickey, but he was not a petitioner. Mr. Martin said he previously worked with Mr. Garcia but that there was no conflict of interest. Petition No. ARB 15-13 A Variance to the Required Side Yard Setback Discussion of ARB No. 15-13 on November 5, 2015 Associate Planner Keith Neil presented the staff report for ARB 15-13, a request from Ron Lyman, for a variance to allow a side yard setback of 0.5 feet in the SF-10 Single-Family District for property located at 1205 Camino Oro. The petitioner currently has approximately 9 feet of open space between the south side of the residence and the adjoining parcel’s 6 foot high wooden fence where the proposed carport would be located. The petitioner plans to construct an 8 ½ foot by 20 foot metal carport. According to the UDC Section 2.8.3, the SF-10 zoning district requires a 5 foot side yard setback. The 8 ½ foot carport will encroach 4 ½ feet into the required setback. Mr. Neil explained that there are two alleys that abut the property and provide access to the backyard. Mr. Lyman will attach the carport to the house and will provide a gutter along the southern edge to collect storm water and distribute the water into the petitioner’s rear yard. Also, Mr. Lyman will be required to install a one-hour firewall along the southern portion of the carport to meet fire regulatory standards. The petitioner provided twelve signatures on a petition of support from property owners within the neighborhood, including the adjoining property owner, Jane Misseri. Staff concludes approval of ARB 15-13 is appropriate. Vice-Chair Dennis inquired as to how a one-hour firewall is built. Derrick Childers of 800 Municipal, the City’s Chief Building Inspector, stated that a typical firewall consists of 5/8 inch Type X drywall on each side along with metal siding. Ron Lyman of 1205 Camino Oro said his neighbors did not have a problem with the building of the carport. He said he will fire proof the wall. Administrative Review Board Action of November 5, 2015 A motion was made by Board Member Martin and seconded by Board Member Scott to approve Petition No. ARB 15-13, a request from Ron Lyman, for a variance to allow a side yard setback of 0.5 feet in the SF-10 Single-Family District for property located at 1205 Camino Oro. AYE: Board Members Dennis, Martin, and Scott. NAY: None ABSTAIN: None ABSENT: Chair Cooper, Board Member Soukup. MOTION TO APPROVE 3-0 Petition No. ARB 15-14 A Variance to the Required Side Yard Setback Discussion of ARB No. 15-14 on November 5, 2015 Associate Planner Steven Saavedra presented the staff report for ARB 15-14, a request from Suzen Hickey for a variance to allow a carport to be built in her side yard abutting the principal structure and with a zero side yard setback for property located at 1911 Brenwood Drive in the SF-10 Single-Family District. Unified Development Code, Section 2.8.1 requires a side yard setback of 8 feet for a two-story residence in the SF-10 district. The City of Farmington owns the vacant lot north of the petitioner’s property. That property is 0.21 acres and has a severe slope. As of 2014, the City of Farmington landscaped the property. The City property is located at the intersection of 20th Street, Brenwood Drive, and Municipal Dr. Any structure on this lot will obstruct the sight triangle, creating a traffic obstruction The City plans on keeping this property vacant to alleviate any future problems at this intersection. Staff concludes that a variance to encroach into the maximum 10-foot separation between an accessory structure and for the encroachment of the required side yard setback is appropriate. Suzen Hickey of 1911 Brenwood Drive said she wanted to build the carport to store firewood and other equipment. Dan Garcia of #24 County Road 3451, Flora Vista said he is the contractor for the carport. The carport will be all metal with a slope so that rain water will run into a gutter and into the backyard. The carport will have a pro-panel back to keep the firewood dry. Administrative Review Board Action of November 5, 2015 A motion was made by Board Member Martin and seconded by Board Member Scott to approve Petition No. ARB 15-14, a request from Suzen Hickey, for a variance to allow a carport to be built in her side yard abutting the principal structure and with a zero side yard setback for property located at 1911 Brenwood Drive in the SF-10 Single-Family District. AYE: Board Members Dennis, Martin, and Scott. NAY: None ABSTAIN: None ABSENT: Chair Cooper, board Member Soukup. 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 the Members: There was no business from the Board Members. Business from Staff: There was no business from Staff. Adjournment: The November 5, 2015 meeting of the Administrative Review Board was adjourned at 6:44 p.m. _________________________________ ________________________________ James Dennis-Vice-Chair Karen Walker-Administrative Assistant