Administrative Review Board

A G E N D A Administrative Review Board City Council Chambers 800 Municipal Drive, Farmington, NM November 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 October 5, 2017 Meeting 66 4 Petition No. ARB 17-76 – a request from Tammy Bruyere, represented by 1 Chris Haiby with Viking Security Fence, LLP, for a variance from the requirements of UDC Section 5.4.4 Fence and wall location and height for SF-7 Single-family Residential District, to allow for a 5’6” tall fence structure (2’6”tall retaining wall topped by a 3’ tall picket fence) in the front yard setback for property located at 3500 Colgate. Avenue. (Helen Landaverde) 5 Petition No. ARB 16-68 – a request from Matt Dodson for a variance to 24 allow: (1) a detached shop/storage building with a second story, 4,000 square feet (40’x50’x2) and (2) a carport measuring 600 square feet (40’x15’), totaling 4,600 square feet, to keep and repair multiple personal vehicles for property in the SF-7 SMHAO, Single-family Residential District with a Special Mobile Home Area Overlay, for property located at 455 Taylor Drive. (Helen Landaverde) 6 Business from: Floor: Chairman: Members: Staff: 7 Adjournment All decision of the Administrative Review Board are final unless appealed in writing to the City Clerk ‘s office within 15 days. 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.  All decision of the Administrative Review Board are final unless appealed in writing to the City Clerk ‘s office within 15 days. 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 60 61 62 63 64 65  MINUTES ADMINISTRATIVE REVIEW BOARD October 5, 2017 – 6:00 P.M. The Administrative Review Board met in regular session on Thursday, October 5, 2017 at 6:00 p.m. in the City Council Chamber, 800 Municipal Drive, Farmington, New Mexico. Members present Acting Chair-James Dennis Jeff Johanson Paul Martin Lynn Scott Members absent: Ireke Cooper Staff present: Julie Baird Jennifer Breakell Teri Clashin Helen Landaverde Cindy Lopez Toni Sitta Karen Walker Ellen Wayne Others addressing the Board: Matt Dodson Michael Smith Callie Vanderbilt Call to Order The meeting was called to order at 6:00 p.m. by Acting 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 and seconded by Board Member Johanson to approve the agenda. The motion passed unanimously by a vote of 4-0. Approval of the Minutes from the September 7, 2017 Regular Meetings Board Member Martin made a motion to approve the minutes of the September 7, 2017 regular meeting. The motion was seconded by Board Member Johanson 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 17-66 Variance to the height of a fence in a front yard Discussion of ARB No. 17-66 on October 5, 2017 Commissioner Martin recused himself from voting due to a conflict of interest with the petitioner. Associate Planner Teri Clashin presented the staff report for ARB 17-66, a request from Michael Smith for a variance to allow a 6-foot tall fence in the front yard in the SF-7 Single Family Residential area on 0.18 acres for property located at 704-C W. Arrington. Ms. Clashin stated the petitioner leases the property, which currently has a manufactured home located on Lot 2 and takes street access to Arrington Street through an access easement. The property is part of the Brimhall Subdivision which was recorded on December 20, 2007. The subdivision has four lots, each approximately 0.18 acres. All four lots take access to Arrington Street through the joint access easement. Both Lot 2 and Lot 3 are not located directly on Arrington Street. The petitioner is requesting to install a 6-foot tall fence around the property, including the front yard for safety and privacy. The petitioner has stated that the area has a large number of vagrants and theft. Pursuant to Unified Development Code (UDC) Section 5.4 Fences and Walls, said Ms. Clashin, the purpose is to provide adequate privacy and security without impeding or obstructing vision at intersections. The property is not located on Arrington and takes access from a private drive; therefore, there are no concerns with obstructing views on Arrington Street. According to Sec. 5.4 Fences and Walls, in residential districts fences and walls located in required front yards shall be limited to a height of three feet at the front right-of-way line, rising evenly to a maximum of 54 inches at the setback line, and thereafter a maximum of six feet. The minimum front setback for SF-7, Single Family Residential District is 25 feet. The petitioner is requesting a variance to allow for a six-foot tall fence on the front property line with a zero foot setback. If the variance is approved, the petitioner will hire a surveyor to re- establish the existing property lines to make certain that the fence is built within the property lines. 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 fence regulations. The Community Development Department recommends approval. Board Members requested a clarification of what is considered the front yard of the property. Planning Manager Cindy Lopez said the shared private drive creates the front for each of the properties. Mike Smith, who resides at 509 La Plata Drive, said his main objective is for privacy and security due to the substantial amount of foot traffic in the area. Administrative Review Board Action of October 5, 2017 A motion was made by Board Member Johanson and seconded by Board Member Scott to approve Petition No. ARB 17-66, a request from Michael Smith for a variance to allow a 6 foot tall fence on the front property line in the SF-7 Single Family Residential area for property located at 704-C W. Arrington. AYE: Acting Chair Dennis, Board Members Johanson and Scott. NAY: None ABSTAIN: Board Member Martin ABSENT: Chair Cooper APPROVED 3-0 Petition No. ARB 17-68 Variance to the size of an accessory structure Discussion of ARB No. 17-68 on October 5, 2017 Associate Planner Helen Landaverde presented the staff report for ARB 17-68, a request from Matt Dodson for a variance to allow: (1) a 26 foot tall detached shop/storage building with a second story, 6,300 square feet (42’x75’x2) and (2) a carport measuring 630 square feet (42’x15’), totaling 6,930 square feet, to keep and repair multiple personal vehicles for property in the SF-7 SMHAO, Single-family Residential District with a Special Mobile Home Area Overlay, located at 455 Taylor Dr. The applicant is requesting a variance to the required size and height allowed within the building footprint for accessory structures. The two-story building and the carport totaling 6,930 square feet is 346.5% over the allowed size and 30% over the allowed height requirements for accessory structures and uses. Ms. Landaverde stated the applicant is proposing to maintain and repair multiple personal vehicles at 455 Taylor Drive in the SF-7 SMHAO, Single-family Special Mobile Home Area Overlay District. San Juan County Tax Assessor’s records indicate that the property is 0.44 acres and there is a 1,560 square foot double wide manufactured home (60’ x 26’) located on the property. Lot sizes in this area vary from 0.12 acres to 0.33 acres. Accessory structures range from 96 square feet to 840 square feet and a height of 5-10 feet. Pursuant to the UDC Section 2.5 (B). Accessory uses and structures, “Accessory uses and structures must be subordinate to the principal use and structure on the subject lot in terms of area, extent, and purpose…Any accessory structure that is constructed within the allowed building footprint shall not exceed 2,000 square feet or 50 percent of the total gross floor area of the principal structure, whichever is greater; or exceed 20 feet in height.” The applicant is the owner of Lot 1 and Lot 2; however, the applicant does not reside on the property and the principal structure, a 1,560 square foot double wide manufactured home, is leased. The petitioner is proposing to use the second story of the proposed building as a rest area while he works on his vehicles. The request is not consistent with the character of the neighborhood. It is not a minimal easing of the code. The proposed shop/storage building is not subordinate to the principle structure, and there is concern about storm water runoff. The applicant would not suffer a hardship if the request is denied. The Community Development Department recommends denial. Board Member Martin asked if there were any multi-family housing in the area. His question was concerned with future use of the building. The nearest multi-family is several blocks to the south-east on West Comanche and North Behrend. Board Member Dennis questioned whether it was permissible to build a house 6,930 square feet on this lot. Ms. Lopez responded that it could be built, but this is an accessory structure. She explained that the intent of the Code is to not have excessively large accessory structures in residential areas. Ms. Landaverde said a maximum of three accessory structures are allowed on a residential lot, but the total combined square footage of the accessory structures cannot be greater than 2,000 square feet. Board Member Dennis asked if the applicant could build this large of a shop/storage building if it was attached to the principle structure. Ms. Lopez said if it was attached to the principle structure it would be part of that structure and not an accessory structure; therefore, it would be allowed. Matt Dodson, who resides at 620 Gladeview Drive, stated that he was unaware until he arrived at the meeting tonight that the Planning Division was not going to approve his petition. Mr. Dodson presented numerous pictures of the property where he would like to build the shop/storage building. He said he rebuilds old vehicles and finishes one vehicle about every 10 years. Currently, he has 15 older model vehicles that are stored in various places around town. Mr. Dodson explained that 1/3 of the ground floor of the shop would be used to rebuild vehicles, and 2/3 will be utilized to store the other 14 vehicles that are not currently being worked on. Mr. Dodson stated that the second floor of the building would be used as a breakroom with a sink, bathroom, microwave and television. He would use part of the second floor for parts storage and woodworking tools. Mr. Dodson stated that the carport would be used to cover his 5th- wheel trailer. Mr. Dodson presented pictures that he said represented the drainage on the property. He said all the water runs to one corner of the property and he would have no problem putting in something to capture the water. Mr. Dodson said the area is in a low spot and is hardly visible from the adjoining lots. He did not feel the shop/storage building would be obnoxious to neighbors. He said any noise generated from his shop would not be an issue due to a house and a garage that block the noise. Mr. Dodson said he did not plan to be noisy. Board Member Dennis asked Mr. Dodson if he planned to sell his cars once they were rebuilt. Mr. Dodson stated that he hasn’t sold an old vehicle in 30 years and this is merely his hobby. Board Member Johanson asked what would happen to the property and the structure once Mr. Dodson no longer had a use for it. Mr. Dodson said it would have to be sold to someone who would use it for the same purpose as he intends to use it. Callie Vanderbilt, who resides at #7 Road 5398, owns a house at 411 Taylor Drive. Her house abuts Lot 1 that is owned by Matt Dodson. Ms. Vanderbilt currently rents this home, but is concerned about noise and the impact on property value if Mr. Dodson builds a large shop. She said she currently lives about 1/3 of a mile away from a vehicle shop and says it is very noisy. Board Member Martin expressed the purpose of the UDC is to protect the property rights of people, as well as the health, safety, and general welfare of existing and future residents of the City. Board Member Dennis asked what the building would be made from. Mr. Dodson said it would probably be metal. He stated that he envisioned building only 1/3 of the building for now because metal buildings are expensive. Board Member Dennis asked if the lot could be subdivided. Mr. Dodson said he could not subdivide the property due to the 20-foot wide access easement. Ms. Lopez said the lots would have to have the minimum square footage to be subdivided, and the access easement would need to be 24-foot wide. Administrative Review Board Action of October 5, 2017 A motion was made by Acting Chair Dennis and seconded by Board Member Scott to approve Petition No. ARB 17-68, a request from Matt Dodson for a variance to allow: (1) a 26 foot tall detached shop/storage building with a second story, 6,300 sq. ft. (42’x75’x2) and (2) a carport measuring 630 sq. ft. (42’x15), totaling 6,930 sq. ft., to keep and repair multiple personal vehicles in the SF-7 SMHAO, Single-family Residential District with a Special Mobile Home Area Overlay, for property located at 455 Taylor Dr. AYE: Acting Chair Dennis, Board Member Johanson. NAY: Board Members Martin and Scott. ABSTAIN: None ABSENT: Chair Cooper APPROVED 2-2 City Attorney Jennifer Breakell mentioned that the petition could be tabled until all 5 Board Members could be present. Matt Dodson was asked if he would accept tabling Petition ARB 17-68. A motion was made by Board Member Martin and seconded by Board Member Scott to table Petition No. ARB 17-68 until the next ARB Meeting on November 9, 2017. AYE: Acting Chair Dennis, Board Members Johanson, Martin, and Scott. NAY: None ABSTAIN: None ABSENT: Chair Cooper APPROVED 4-0 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: There was no business from Staff. Adjournment: The October 5, 2017 meeting of the Administrative Review Board was adjourned at 7:14 p.m. with a motion by Board Member Martin that was seconded by Board Member Scott by a vote of 4-0. _________________________________ ________________________________ James Dennis-Acting Chair Karen Walker-Administrative Assistant