Administrative Review Board

A G E N D A Administrative Review Board City Council Chambers 800 Municipal Drive, Farmington, NM July 6, 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 May 4, 2017 Meeting 23 4 Petition No. ARB 17-51 – a request from John Palau, representing Deborah 1 Montgomery, for a variance to allow a 15-foot front yard and a 0-foot side yard setback for property in the LNC district located at 210 N. Auburn. (Helen Landaverde) 5 Discussion on possible ARB Commission Rules of Procedure 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.  ADMINISTRATIVE REVIEW BOARD Petition ARB 17-51 Variance to the front yard setback of 30 feet reduced to 15 feet and the side yard setback from 20 feet to 0 feet and the minimum lot area of 8,708.75 sq. ft. June 28, 2017 DESCRIPTION OF PETITION Petition No. ARB 17-51 is a request from John Palau, representing Deborah Montgomery, for a variance to allow (1) a 15-foot front yard and a 0-foot side yard setback and (2) a minimum lot area for nonresidential uses at 8,708.75 sq. ft. for property in the LNC Local Neighborhood Commercial district, located at 210 N. Auburn (R0021130), in the City of Farmington, San Juan County, New Mexico. The property is legally described as: Ross’ Subdivision, Block 1, Lot 14 and N 12.5 ft. of Lot 15, in the City of Farmington, San Juan County, New Mexico. Otherwise located at 210 N. Auburn Ave. GENERAL INFORMATION Applicant .......................... John Palau Representative ................ John Palau Property Owner ............... Resource Associates Grant Writing and Evaluation Services (Deborah Montgomery) Location of Property ....... Ross’ Subdivision, Block 1, Lot 14 and N 12.5 ft. of Lot 15 (R0021130) Nature of Petition………..The applicant is requesting a variance to: (1) the front and the side yard setback and (2) the minimum lot area for nonresidential uses in the LNC Local Neighborhood Commercial District. Applicable Regulations... City of Farmington Unified Development Code (UDC): Pursuant to UDC 2.8 Density and dimensional standards, (1) the required front yard setback is 30 feet and the side yard setback is 20 feet and (2) the minimum lot area for nonresidential uses is 10,890 sq. ft. Zoning .............................. LNC Local Neighborhood Commercial Existing Use ..................... Office Building Surrounding Zoning……. North: MU, Mixed Use South: LNC, Local Neighborhood Commercial East: MU RPO, Mixed Use Residential Preservation Overlay West: LNC, Local Neighborhood Commercial Surrounding Land Use… North: Residential East: Residential South: Dentist Office West: Child Daycare 1 Public Notice……………..Publication of Notice of this petition appeared in the Daily Times on Sunday, June 16, 2017. Adjoining property owners were sent notice by certified mail on Wednesday, June 14, 2017, and a sign was posted on the property on Friday, June 23, 2017. Staff .................................. Helen Landaverde, Associate Planner BACKGROUND The applicant is requesting a variance to: (1) the front and side yard setbacks and (2) the minimum lot area for nonresidential uses in the LNC, Local Neighborhood Commercial District to allow a renovation of a legal non-conforming office building with a new façade and a roof extension (see attachments). The subject property is located at 201 North Auburn Avenue in the Ross Subdivision (1901). San Juan County Tax Assessor’s records show that the property is 0.2 acres (8,708.75 sq. ft.) and the footprint area of the office building is 3,097 sq. ft. The office building was built in 1985 approximately 15 feet from the front property line and within 0 feet of the side (north) property line and approximately 5 feet of the south side property line. There are six marked parking spaces for the current use on the property, yet the subject property does not meet the off-street minimum parking requirements for office use (1.0 per 250 sq. ft. = 12 parking spaces). Pursuant to UDC 2.8.1 Density and dimensional standards the minimum front setback is 30 feet and the minimum side yard setback is 20 feet in the LNC, Local Neighborhood Commercial District. The minimum lot area for nonresidential uses in the LNC District is 10,890 sq. ft. The property does not meet the minimum lot size for nonresidential uses or the required setbacks as required by the UDC, which was adopted in 2008. However, the previous zoning code that was in effect at the time this building was built had a 0- foot side yard setback for non-residential projects and had no minimum lot area requirements. Therefore, the property is legal non-conforming. The applicant has communicated that the proposed renovation to the façade and the roof would improve the overall energy efficiency of the office building. The applicant is also proposing to meet the off-street minimum parking requirements for office use and will provide marked parking spaces on the east side (rear) of the property including ADA parking. In addition, the applicant has indicated that the proposed renovation would promote architectural conformity in the area. The applicant is requesting a variance request to: (1) the front yard setback of 30 feet reduced to 15 feet and the side yard setback from 20 feet to 0 feet and (2) the minimum lot area of 8,708.75 sq. ft. from the required 10,890 sq. ft. to the existing lot area for nonresidential uses, to allow for the renovation of a legal non-conforming structure for energy efficiency improvements to the existing building. 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 2 circumstance that would outweigh the strict requirement for a positive finding of fact and determine 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. The current non-conformity of the subject property is a unique circumstance. The San Juan Tax Assessor’s site indicates that the existing building on the property was built in 1985 approximately 15 feet from the front property line and within 0 feet of the side (north) property line and approximately 5 feet of the south side property. In addition, the size of the property is 0.2 acres (8,708.75 sq. ft.) and the footprint area of the office building is 3,097 sq. ft. The previous code (C-1 Local Commercial) allowed a 0 foot side yard setback and there were no minimum lot size requirements in this zoning district at the time the building was built on this property. This criterion IS met. 2. That a literal interpretation of the provisions of the Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the Code. The literal interpretation of the provisions of the UDC would deprive the applicant of some of the rights commonly enjoyed by other property owners in the area. The request for a variance to the front and side yard setback and to the minimum lot size will bring the property into conformity. Many of the buildings in this area are built closer to the property lines. They have been in existence since the 1950’s and 1960’s. The previous zoning requirements did not have minimum lot size standards and allowed for a 0 foot side yard setback. The front of the building closely aligns with the buildings in the area. This request is consistent with the character and setbacks in the neighborhood. This criterion IS met. 3. The applicant demonstrates that the request is a minimum easing of the Code requirements, making possible the reasonable use of the land, building or structure. The requested variance is a minimum easing of the UDC. The applicant’s request to: (1) the front and side yard setbacks and (2) the minimum lot area for nonresidential uses are a reasonable use of the land and building in the LNC, Local Neighborhood Commercial District. If approved, the variance will allow for a renovation to the façade and an extension to the roof for the purpose of improving the energy efficiency of the existing building. The proposed renovation (see attachments) is consistent with the surrounding character of the neighborhood. 3  This criterion IS met. 4. That the granting of the variance is in harmony with the general interest, the general purpose and intent of the Code, and is not injurious to the neighborhood or otherwise detrimental to the public welfare. The requested variance for: (1) the front and side yard setbacks and (2) the minimum lot area for nonresidential uses in the LNC, Local Neighborhood Commercial District will not be injurious to the surrounding neighborhood or otherwise detrimental to the public welfare. There are buildings along North Auburn Avenue that have setbacks similar to the subject property that do not meet the City’s current density and dimensional standards. Granting the variance would not be contrary or opposed to the general purpose and intent of the Code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. This criterion IS met. 5. That the proposed variance will not permit a use not otherwise allowed in the underlying district. Granting this variance will not allow a use not otherwise allowed in the LNC, Local Neighborhood Commercial District. The use is office and it is an allowed use in this district. This criterion IS met. 6. That no nonconforming use of neighboring lands, structures or buildings in the same district and no permitted use of lands, structures or buildings in other districts has been or shall be considered grounds for the issuance of a variance. Non-conforming uses or buildings on other properties are not used to justify the requested variance. This criterion IS met. 7. That the applicant would suffer an unnecessary hardship if the variance requested were denied. The applicant would suffer an unnecessary hardship if the variance were denied. The property and the existing office building (built in 1985) maintain a legal nonconforming status. The LNC District density and dimensional standards prevent the applicant from making potential improvements to the property. The maintenance and improvement to existing buildings helps to promote economic vitality in older neighborhoods. This criterion IS met. 4 CONCLUSION The Community Development Department concludes that approval of ARB 17-51 is appropriate. The request is a minimum easing of the code and it would be in harmony with the general purpose and intent of the code concerning density and dimensional standards. RECOMMENDATION The Community Development Department recommends approval of Petition ARB 17- 51 from John Palau, representing Deborah Montgomery, for a variance to allow (1) a 15-foot front yard and a 0-foot side yard setback and (2) the minimum lot area of 8,708.75 sq. ft. for nonresidential uses for property in the LNC Local Neighborhood Commercial District, located at 210 N. Auburn (R0021130). 5 6 Photos of subject property 7 8  PLANNING MEMO COMMENTS SUMMARY ARB 17-50 210 N. AUBURN Deadline: 6/19/17 City of Farmington Departments CD If the variance is granted, the applicant’s submitted plans, including the site plan Director – M. Holton and proposed elevations, need to be attached and referenced in the Findings of Fact. CD Addressing – Planning Division CD Chief Building Official – D. Childers No comment CD Long Range Planner CD MPO – D. Garcia CD Oil & Gas Inspector – L. Simms CITY City Manager’s Office – J. Baird No comment Customer Care Manager – L. ELEC Richardson ELEC Electrical Engineering – L Aligarbes No conflict ELEC T & D – R. Romero FIRE Fire Captain – D. Doudy FIRE Fire Marshall – B. Vega LEGAL City Attorney – J. Breakell The Legal non-conforming status can not LEGAL be remedied, because of the location of Petitioner’s structure to the boundary and the location of the neighboring structure. However, Petitioner’s roof extension should not be completed if the Deputy City Attorney – R. Frost extension creates a subsequent UDC violation. Further, Legal does not oppose approving the petition upon Petitioner’s successful modification to bring the property into compliance concerning UDC office use parking requirements. POLICE Code Compliance – T. Johnston POLICE Sergeant – P. Flores PRCA C. Styron No comment PW City Engineer – N. Westerling PW Engineering – T. Sitta No comment 9 PW Streets Superintendent –J. Couch 1. Consider improving ADA accessibility PW along frontage of property and Traffic Engineer – C. Trask rearranging parking to conform with current standards PW Water/Waste Water – M. Tso No comment Other Entities New Mexico Gas Company – L. Moore No comment CenturyLink – D. Willato No comment Enterprise Field Services Comcast Cable – M. Johnson CH2MHILL OMI – R. Rosen Field Services Farmington School District – C. Lyons 10 11 12 13 14 15 16 17 18 19 20 21 22  MINUTES ADMINISTRATIVE REVIEW BOARD May 4, 2017 – 6:00 P.M. The Administrative Review Board met in regular session on Thursday, May 4, 2017 at 6:00 p.m. in the City Council Chamber, 800 Municipal Drive, Farmington, New Mexico. Members present: Chair Ireke Cooper James Dennis Paul Martin Members absent: Lynn Scott Staff present: Mary Holton Cindy Lopez Karen Walker Others addressing the Board: Daniel de la Torre Call to Order The meeting was called to order at 6:15 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 Martin to approve the agenda. The motion passed unanimously by a vote of 3-0 Approval of the Minutes from the March 9, 2017 Regular Meetings Board Member Dennis made a motion to approve the minutes of the March 9, 2017 regular meeting. The motion was seconded by Board Member Martin and passed unanimously by a vote of 3-0. Open Meetings Resolution Board Member Martin made a motion to approve the Open Meeting Resolution to continue with the same date and time for the regular ARB meetings. The motion was seconded by Board Member Dennis 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 17-28 Variance to the maximum permitted fence height on the front property line with a 0’ front yard setback Discussion of ARB No. 17-28 on May 4, 2017 Planning Manager Cindy Lopez presented the staff report for ARB 17-28, a request from Stotz Equipment, represented by Daniel de la Torre, for a variance to the fence height on the front property line for property on 0.61 acres for property located at or next to 1201 Troy King Road in the PIP, Planned Industrial Park district. Ms. Lopez stated that Stotz Equipment is requesting a variance to the fence height on the front property line to allow a 6-foot tall chain-link fence. The purpose of a 6-foot tall chain-link fence on the front property line is to increase the security of the front yard and prevent their large agricultural machinery from vandalism and theft. The property is approximately 0.61 acres and is part of a larger property that is approximately 7.55 acres. The maximum fence height on the front property line in the PIP district is 3-feet. Six-foot tall fences are not permitted closer than 45-feet from the front property line. The petitioner has built a 6-foot tall chain-link fence on the front property line, but has agreed to remove and relocate it if the variance is not approved, said Ms. Lopez. The fence is located approximately 20-feet from the edge of the pavement off Troy King Road. The character of this area is industrial and several properties in the area have six-foot tall chain- link fences on the front property line. The fence will not obstruct visibility for vehicles entering or exiting Troy King Road, said Ms. Lopez. Staff recommends approval of Petition ARB 17-28. The variance request is a minimum easing of the code and will not be injurious to the area. Daniel de la Torre of Chandler, AZ, representative of Stotz Equipment, had no more to add. Administrative Review Board Action of May 4, 2017 A motion was made by Board Member Martin and seconded by Board Member Dennis to approve Petition No. ARB 17-28, a request from.Stotz Equipment, represented by Daniel de la Torre, for a variance to the fence height on the front property line for property located at or next to 1201 Troy King Road in the PIP, Planned Industrial Park district. AYE: Chair Cooper, Board Members Dennis, and Martin. NAY: None ABSTAIN: None ABSENT: Commissioner Scott. APPROVED 3-0 Business from the Floor: There was no business from the Floor. Business from the Chair: Chair Cooper asked Ms. Lopez if there has been any further outcome on Petition ARB 17-04. Ms. Lopez said Mr. Martinez has acquired a business space on Bloomfield Highway and has had his business license reinstated. Business from the Members: There was no business from the Members Business from Staff: There was no business from Staff. Adjournment: The May 4, 2017 meeting of the Administrative Review Board was adjourned at 6:26 p.m. with a motion by Board Member Martin that was seconded by Board Member Dennis by a vote of 3-0. _________________________________ ________________________________ Ireke Cooper-Chair Karen Walker-Administrative Assistant