Administrative Review Board

A G E N D A Administrative Review Board City Council Chambers 800 Municipal Drive, Farmington, NM March 8, 2018 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 9, 2017 Meeting 17 4 Election of Officers 5 Petition No. ARB 18‐04 – a request from Gerald Miller, represented by Eddie Miller, for a variance from the requirements of UDC 5.4 Fences and Walls for the SF‐7 Single Family Residential District to allow for a 6’6” tall fence 10 feet from the front (south) property line for property located at 3801 Yorkshire Street has been withdrawn. (Helen Landaverde) 6 Petition No. ARB 18‐13 – a request from Joe & Stan, LLC for a variance to 1 allow for a 5 foot rear yard setback for the northeast corner of a residential structure only, in the SF‐7, Single‐family Residential District for property located at 1446 Bluejay Circle. (Helen Landaverde) 7 Business from: Floor: Chairman: Members: Staff: 8 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16  MINUTES ADMINISTRATIVE REVIEW BOARD December 7, 2017 – 6:00 P.M. The Administrative Review Board met in regular session on Thursday, December 7, 2017 at 6:00 p.m. in the City Council Chamber, 800 Municipal Drive, Farmington, New Mexico. Members present Chair-Ireke Cooper James Dennis Jeff Johanson Members absent: Paul Martin Staff present: Teri Clashin Mary Holton Helen Landaverde Karen Walker Others addressing the Board: Tom Hummell Rose Kartchner 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 Dennis and seconded by Board Member Johanson to approve the agenda. The motion passed unanimously by a vote of 3-0. Approval of the Minutes from the November 9, 2017 Regular Meetings Board Member Dennis made a motion to approve the minutes of the November 9, 2017 regular meeting. The motion was seconded by Board Member Johanson 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 17-77 Variance to the side yard setback Discussion of ARB No. 17-77 on December 7, 2017 Associate Planner Teri Clashin presented the staff report for ARB 17-77, a request from Rose Kartchner, represented by Cheney-Walters-Echols, for a variance from the requirements of UDC Sec. 2.8 Density and dimensional standards for the SF-10 Single Family Residential district, to allow the side yard setback to be 2.3 feet instead of the required 5 feet due to the irregular shape of the front yard for property located at 2712 Harvard Drive. The San Juan County Tax Assessor’s records indicate that the size of the property is 0.31 acres. According to UDC, Unified Development Code 2.8 Density and dimension standards, the side yard setback requirements for the SF-7 zoning district is 5 feet. The variance is to allow the side yard setback to be 2.3 feet. Ms. Clashin explained that staff considers the area of the driveway to be the front yard, and the location of the master bedroom to be the side yard. The master bedroom is currently located 25 feet from the side yard property line, said Ms. Clashin. The petitioner is planning to expand her master bedroom to make it handicap accessible for a wheelchair, and the addition will expand 22.7 feet into the side yard, leaving 2.3 feet between the addition and the property line. The addition will include the bedroom and a small patio. The total addition is approximately 500 square feet. The property west and south of the master bedroom belongs to the Victory Baptist Church; due to the setback requirements, this area of the church property is not a buildable area. The Community Development Department concludes that approval of ARB 17-77 is appropriate. The request is a minimum easing of the code and would be in harmony with the general purpose and intent of the code. The petitioner must complete a compliance plat and apply for a building permit for the addition. Board Member Dennis asked for clarification on what is considered the side and the front of the property. Ms. Clashin said staff determined that the south side of the building is the side yard due to the placement of a carport on the property. Rose Kartchner, who owns the house at 2712 Harvard Drive said she purchased the home with the intent of making it ADA compliant for her personal use. Administrative Review Board Action of December 7, 2017 A motion was made by Acting Chair Dennis and seconded by Board Member Scott to approve Petition No. ARB 17-77, a request from Rose Kartchner, represented by Cheney-Walters- Echols, for a variance from the requirements of UDC Sec. 2.8 Density and dimensional standards for the SF-10 Single Family Residential district, to allow the front yard setback to be 2.3 feet instead of the required 30 feet due to the irregular shape of the front yard for property located at 2712 Harvard Drive. The petitioner must complete a compliance plat and apply for a building permit for the addition. AYE: Chair Cooper, Board Members Dennis, and Johanson. NAY: None ABSTAIN: None ABSENT: Board Member Martin. APPROVED 3-0 Petition No. ARB 17-80 Variance to the front yard setback Discussion of ARB No. 17-80 on December 7, 2017 Associate Planner Helen Landaverde presented the staff report for ARB 17-80, a request from Joe Lloyd for a variance from the requirements of UDC, Unified Development Code Section 2.8 to allow for an 18 foot front yard setback in the required 30 foot front yard setback in the LNC, Local Neighborhood Commercial District for property located at 1501 E. 20th Street, Durango Joe’s. San Juan County Tax Assessor’s records show that the size of the property is 0.42 acres. The applicant is requesting a variance to the north front yard setback to allow for the expansion of the existing uncovered patio. The Durango Joe’s coffee establishment occupies 1,024 sq. ft. of the property and has a drive through service. The patio is located 26 feet from the north front property line. There are two existing curb cut entries to the property. The applicant is in the process of expanding the parking area in the rear yard. Ms. Landaverde said the applicant would like to extend the existing uncovered patio by eight feet to provide an additional 8-10 outdoor seating spaces. Presently, Durango Joe’s has seven tables with 14 seats inside and 3 patio table with 6 seats outside. The current use meets the off-street minimum parking requirements. There are 19 marked parking spaces for the current use on the property, which meets the off-street minimum parking requirements. The proposed patio expansion will increase Durango Joe’s seating to 30 seats and requires a minimum of 10 parking spaces for the existing use and the proposed expansion. There is sufficient off-street parking for the current use and for the proposed patio expansion. With the approval of this variance, said Ms. Landaverde, an 18 foot front yard setback to the north property line would allow for a six foot tall fence or wall at the setback line. However, a six foot tall fence structure at the setback line would not be in character with the area. The applicant has expressed that he would like to maintain the existing height of the patio wall; a four foot tall stucco wall. Farmington’s Complete Streets Program promotes creating spaces that “extend the public realm and create outdoor dining experiences” to encourage locals to linger and shop. Other buildings in the area are mostly commercial and meet the 30 foot setback requirement for the LNC district, however, the subject property is the only one with drive through service. The requirements for off-street parking, vehicle stacking, and internal circulation limit potential improvements and development for the property. The requested variance is a minimum easing of the UDC. The Community Development Department recommends approval of Petition ARB 17-80 from Joe Lloyd for a variance to allow an 18 foot front yard setback to the required 30 foot front yard setback for the north property line at 1501 East 20th Street in the LNC, Local Neighborhood Commercial District and subject to the following conditions: 1. The applicant must apply for building permits. 2. The patio wall and/or other fence structures in the north front yard must not exceed a maximum of four feet at the 18-foot front yard setback. Board Member Dennis asked if the existing patio meets the 30 foot setback requirement. Ms. Landaverde said it did, but an uncovered patio can encroach 6 feet into that setback. Tom Hummell, from Rodahl & Hummell Architecture at 609 N. Dustin, is representing Joe Lloyd, the petitioner. Mr. Hummell said Mr. Lloyd’s intent is to increase the patio area to increase outdoor seating for the business. Mr. Hummell mentioned the new retaining wall on the back of the lot to move parking spaces back, add more parking, and increase the circulation for the drive through. Administrative Review Board Action of December 7, 2017 A motion was made by Acting Chair Johanson and seconded by Board Member Dennis to approve Petition No. ARB 17-80, a request from Joe Lloyd for a variance from the requirements of UDC Sec. 2.8 to allow for an 18 foot front yard setback in the required 30 foot front yard setback in the LNC, Local Neighborhood Commercial District for property located at 1501 E. 20th Street, Durango Joe’s, with the condition that the applicant must apply for building permits and the patio wall or fence structures in the north front yard must not exceed a maximum of 4 feet at the 18 foot front yard setback. AYE: Chair Cooper, Board Members Dennis, and Johanson. NAY: None ABSTAIN: None ABSENT: Board Member Martin 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: Helen Landaverde informed the Board Members that Petition No. ARB 17-68, a request from Matt Dodson to allow a 4,600 square foot 2-story shop/storage building in the SF-7 SMHAO, Single-family Special Mobile Home Area Overlay District that was denied by the Administrative Review Board at the November 9, 2017 ARB meeting will be heard on appeal at the January 9, 2018 City Council meeting. Adjournment: The December 7, 2017 meeting of the Administrative Review Board was adjourned at 6L23 p.m. with a motion by Board Member Dennis that was seconded by Board Member Johanson by a vote of 3-0. _________________________________ ________________________________ Ireke Cooper-Chair Karen Walker-Administrative Assistant