Administrative Review Board

A G E N D A Administrative Review Board City Council Chambers 800 Municipal Drive, Farmington, NM February 9, 2017 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 November 3, 2016 Meeting 93 4 Petition No. ARB 17-05 – a request from Melissa Marin for a variance to 1 allow the parking of a truck weighing more than 11,501 gross vehicle weight rating (GVWR), in the SF-10, Single Family Residential District, on 3.37 acres of property located at 1305 Sycamore Street. (Cindy Lopez) 5 Petition No. ARB 17-06 – a request from Mike Ulrich, owner of Porters 21 Restaurant, represented by Johnny Quintana/Ram Signs, for a variance to install a freestanding sign 80 square feet in sign area and 18 feet in height. The restaurant is located in the LNC, Local Neighborhood District, which allows for a freestanding sign with a maximum of 50 square feet in sign area and 10 feet in height. The property is located at 2210 E. 20th Street. (Mary Holton) 6 Petition No. ARB 17-04 – a request from Arthur Martinez, appealing the 37 revocation of the business registration license of a Home Occupation for his business operating as Next Century Gadgetry, located at 4405 Atlantic Street, Farmington, NM. (Cindy Lopez) 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 Staff...................................... Cynthia Lopez, Senior Planner BACKGROUND The petitioner is requesting a variance to allow a vehicle weighing more than 11,501 gross vehicle weight rating (GVWR) parked overnight on residentially zoned property for 3.37 acres of property located at 1305 Sycamore Street in the SF-10 Single Family Residential District. Pursuant to Section 5.2.7 A of the Unified Development Code “except as provided in subsection B below, all “commercial vehicles” including self-propelled vehicles with or without trailers, having a weight class of 11,501 gross vehicle weight rating (GVWR) or more individually, or combined, and all commercial trailers, are prohibited from parking in any residential zoning district (street or lot).” Subsection B allows a commercial vehicle to park in a residential district on a temporary basis for the purpose of loading or unloading, or for providing other services common to residential areas. The property is east of Sycamore Park and shares a property line with the park. The park is zoned MF-L Multiple Family Residential Low Density. Across Sycamore Street to the north is a smaller property with one residence and a larger (5 acre) property with a residence in the middle of the lot, both are zoned MF-M/SMHAO Multiple Family Residential Medium Density with a Special Mobile Home Area Overlay. To the east and south are single family residences in the SF-10 Single Family Residential District. The property has been in use as both residential and commercial since 1990. The original business was registered as B & B Sweeping until 2014. This property was annexed into the City of Farmington in 1998. The property has a single residence and several storage buildings that can accommodate the parking of the truck. A six foot tall fence encompasses the property. The fence and outbuildings were established on this property prior to being annexed into the City and are legal nonconforming structures. The petitioner will operate a home occupation for a septic business and is requesting to be able to park the truck on site overnight. All septic operations except the office use will be conducted off-site. ANALYSIS Variance Criteria – Section 8.12.4, UDC A variance may be granted only where a literal enforcement of the Code provisions would result in unnecessary hardship for a particular property. In order to grant a variance, the ARB must make a positive finding of fact concerning each of the following or, if a positive finding of fact cannot be made that the ARB specifically describes the circumstance that would outweigh the strict requirement for a positive finding of fact and determine that the variance will not be a public detriment: 1. That special conditions and circumstances exist, which are peculiar to the land, structure or building involved and are not applicable to other lands, structures or buildings in the same district; and, furthermore, that they are not self-imposed, self-created or otherwise the result of actions by the applicant. This property was established as a residence and business prior to being annexed into the City. The previous owners operated their business on the site until 2014. The lot is 3.37 acres, which can accommodate the structures that exist on the property. The outbuildings and the six foot tall fence are sufficient to screen the septic truck from view. The only neighbors that could be affected by where the truck will be parked are to the east and south. The truck can be located on the site in such a way that it will have sufficient distance from the neighbors so as to not adversely affect them. This criterion IS met. 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 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92  MINUTES ADMINISTRATIVE REVIEW BOARD November 3, 2016 – 6:00 P.M. The Administrative Review Board met in regular session on Thursday, November 3, 2016 at 6:00 p.m. in the City Council Chamber, 800 Municipal Drive, Farmington, New Mexico. Members present: Chair Ireke Cooper Paul Martin Lynn Scott Members absent: James Dennis Staff present: Cindy Lopez Karen Walker Others addressing the board: Doug Pilling 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 3-0 Approval of the Minutes from the October 6, 2016 Regular Meetings Board Member Martin made a motion to approve the minutes of the October 6, 2016 regular meeting. The motion was seconded by Board Member Scott 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 16-97 Variance to Allow a 5 Foot Rear Yard Setback Discussion of ARB No. 16-97 on November 3, 2016 Senior Planner Cindy Lopez presented the staff report for ARB 16-97, a request from Cornerstone Holdings, Inc., represented by Doug Pilling for a variance to allow a 5 foot rear yard setback in the LNC, Local Neighborhood Commercial District, for property located at 802 E. 20th Street. Ms. Lopez said the requirement in the LNC is for a 30 foot rear yard setback. The petitioner would like to add approximately 1,560 square feet to the rear of the building. Coldwell Bankers, a real estate office, is the current tenant of the building. Ms. Lopez explained that this is an older commercial area. The three properties to the west up to Butler Avenue do not meet the setback requirements. These properties are small for LNC parcels that require such large setbacks. The Coldwell Banker property abuts the parking lot for the office complex on the north. The office complex to the north is in the OP Office Professional zoning district and has over 15,000 square feet of office space. The north office complex is required to have 60 or more parking spaces. Therefore the parking lot on this site will most likely not ever change. The parking lot allows sufficient space around Coldwell Bankers for health, welfare, and safety concerns. This petition meets the intent of the code and will not adversely affect surrounding properties. Therefore, staff recommends approval. Board Member Scott asked Doug Pilling, owner of Coldwell Banker located at 802 E. 20th Street, why he was adding on to the building. Mr. Pilling said the business is training new realtors and absorbing another real estate business. Their building needs more office space. Board Member Martin asked Ms. Lopez if the Coldwell Banker building would have enough parking spaces with the addition. Ms. Lopez said people are able to park in the front and on the east side of the building. This provided adequate parking. Administrative Review Board Action of November 3, 2016 A motion was made by Board Member Martin and seconded by Board Member Scott to approve Petition No. ARB 16-97, a request from Cornerstone Holdings, Inc., represented by Doug Pilling for a variance to allow a 5 foot rear yard setback in the LNC, Local Neighborhood Commercial District, for property located at 802 E. 20th Street. AYE: Chair Cooper, Board Members Martin and Scott. NAY: None ABSTAIN: None ABSENT: Board Member Cooper APPROVED 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 Members. Business from Staff: Cindy Lopez reminded the Board Members of a Commissioner training on November 11, 2016 at 3:00 in Council Chambers at 800 Municipal Drive. Adjournment: The November 3, 2016 meeting of the Administrative Review Board was adjourned at 6:08 p.m. with a motion by Board Member Martin that was seconded by Board Member Scott by a vote of 3-0. _________________________________ ________________________________ Ireke Cooper-Chair Karen Walker-Administrative Assistant