Administrative Review Board

A G E N D A Administrative Review Board City Council Chambers 800 Municipal Drive, Farmington, NM April 5, 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 March 8, 2018 Meeting 56 4 Approval of the Open Meetings Resolution 54 5 Petition No. ARB 18‐16 – a request from Russell Allen for a variance to the 1 required minimum 2‐acre lot size in the RE‐2, Residential District for Lots 3A and 3B located at 8565 Foothills Drive. (Helen Landaverde) 6 Petition No. ARB 18‐19 – a request from Jarred and Kristen Santesson for 24 a variance to allow a six‐foot tall vinyl fence on the front property line and to allow an outdoor recreation area within the required front yard area in the MU/RPO, Mixed Use/Residential Preservation Overlay District, for property located at 209 N. Auburn. (Helen Landaverde) 7 Business from: Floor: Chairman: Members: Staff: 8 Adjournment All decisions 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.  ADMINISTRATIVE REVIEW BOARD Petition ARB 18-16 Variance to the minimum lot size requirement in the RE-2, Residential District 8565 Foothills Drive April 5, 2018 DESCRIPTION OF PETITION Petition No. ARB 18-16 is a request from Russell Allen for a variance to the required minimum lot area for property located at 8565 Foothills Drive in the RE-2, Residential District. Pursuant to Section 2.8, Density and Dimensional Standards, of the Unified Development Code (UDC) the minimum lot size requirement in the RE-2 District is two (2) acres (87,120 ft.²). The property is legally described as: That part of the NW1/4 of Section 18, Township 30, North of Range 12 West, N.M.P.M., in the City of Farmington, San Juan County, New Mexico. Otherwise located at 8565 Foothills Drive GENERAL INFORMATION Applicant .......................... Russell Allen Property Owner ............... Russell Allen Location of Property ....... 8565 Foothills Drive (R0055847) Nature of Petition ............ The applicant requests a variance to the required minimum lot area in the RE-2, Residential District to allow for the size of Lots 3A and 3B, in Triple Eagle Subdivision, to be less than 2 acres for the subject property. Applicable Regulations... City of Farmington Unified Development Code (UDC): Pursuant to Section 2.8. Density and Dimensional Standards the required minimum lot area is 2 acres (87,120 ft.²) in the RE-2, Residential District. Zoning .............................. RE-2, Residential District Existing Use ..................... Vacant Surrounding Zoning/ ….. North: RE-2, Residential Land Use South: RE-2, Residential East: RE-2, Residential West: RE-2, Residential Public Notice……………. Publication of Notice of this petition appeared in the Daily Times on Sunday, March 18, 2018. Property owners within 100 feet were sent notice by certified mail on Wednesday March 14, 2018. A sign was posted on the property on Friday, March 23, 2018. Staff Helen Landaverde, Associate Planner 1  ARB 18-16 Petition Report Page 2 BACKGROUND The applicant is requesting a variance to the minimum lot area in the RE-2, Residential District to allow for the minimum lot size of Lots 3A and 3B, in Triple Eagle Subdivision, to be less than 2 acres. Proposed Lot 3A will be 86,968 ft.² (1.996 acres) and proposed Lot 3B will be 87,055 ft.² (1.998 acres). The applicant is requesting a variance to reduce the minimum lot area for the purpose of developing single-family dwellings on the subject property located at 8565 Foothills Drive. On December 8, 2017 the applicant submitted a Summary Plat application, Triple Eagle Subdivision, for a lot split of parcel R0055847. Upon review it was discovered that the proposed lot split did not meet the minimum lot size requirement in the RE-2 District. The applicant is proposing the following lot sizes:  Proposed Lot 3A will be 86,968 ft.² (1.996 acres); and  Proposed Lot 3B will be 87,055 ft.² (1.998 acres). The square footage difference for Lot 3A is 152 ft.², approximately 1% less than the minimum required size. The square footage difference for Lot 3B is 65 ft.²; approximately 1% less than the minimum required size. San Juan County Tax Assessor’s records show that the size of the subject property is 4 acres (174,240 ft.²). The applicant stated that the subject property was sold and bought as a 4 acre parcel (174,240 ft.²); however, when the property was surveyed for a lot split it was discovered that the proposed lots did not meet the minimum lot size requirement of two (2) acres (87,120 ft.² ) in the RE-2 District. The properties in the surrounding area are primarily residential and meet the minimum lot area requirements for the RE-2 District. Lot sizes in this area over two (2) acres. Nevertheless, the requested variance is consistent with the City’s 2020 Future Land Use Plan. The plan calls for this area to be Residential Single Family Low Density (greater than or equal to 1.0 acre lot) (see attachment). The proposed Lots 3A and 3B, in the Triple Eagle Subdivision, would be greater than 1.0 acre. The requested variance is also consistent with the City’s Comprehensive Plan Chapter 7 Housing goal: “Promote quality, affordable, and safe housing that meets the needs of the community and assure implementation of sound standards for orderly development and growth.” It is to be noted that the subject property is directly across and borderlines the property where a well site, New Mexico Federal N 3F (gas well City number 330) is located. Pursuant to the Municipal Code Chapter 19 Oil and Gas Wells, Section 19-1-3(a)(c) Proximity of well, tanks or pipelines to building: (c) No building, other than buildings necessary for the operation of the well, shall be constructed or moved within 100 feet of any wellhead, production equipment or hydrocarbon storage tank. No building used as a place of assembly, institution, or school shall be constructed within 300 feet of any wellhead, production equipment, or hydrocarbon storage tank. No street shall be constructed or realigned to be within 75 feet of any 2  ARB 18-16 Petition Report Page 3 wellhead, production equipment or hydrocarbon storage tank. Variances to this subsection may be granted by the administrative review board. There is an existing residence, south east, approximately 242 feet from the gas well. The development of single-family dwellings on the proposed Lots 3A and 3B in the Triple Eagle Subdivision must meet the 100 feet proximity of well(s), tanks or pipelines. The required setbacks in the RE-2 District (UDC 2.8) are as follow: Front: 35 feet Interior (side): 15 feet Street (side): 35 feet Rear: 30 feet The request is to legitimize the size of the lots in the Triple Eagle Subdivision through a variance in order to make the proposed lots buildable lots. Building permits cannot be approved and/or issued for the development of the subject property due to the required minimum lot area of 2 acres (87,120 ft.²) in the RE-2, Residential District. The proposed lot sizes for the Triple Eagle Subdivision could be challenging for the applicant in the attainment of building permits for the development and/or improvements to the properties as well as future real estate transaction(s). 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. The subject property was assessed and sold to the applicant as a 4 acre parcel (174,240 ft.²); however, when the applicant had the property surveyed for a lot split it was discovered that the proposed lots did not meet the minimum lot size requirement of two (2) acres (87,120 ft.²) in the RE-2 District. Due to the minimum lot area requirement of 2 acres (87,120 ft.²), building permits cannot be approved and/or issued for the development of the subject property. The existing circumstances are unique and were not created by the applicant. 3  ARB 18-16 Petition Report Page 4 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 the rights commonly enjoyed by other property owners in the surrounding area. The square footage difference for Lot 3A is 152 ft.², approximately 1% less than the minimum required size. The square footage difference for Lot 3B is 65 ft.²; approximately 1% less than the minimum required size. Due to UDC 2.8. Density and Dimensional Standards building permits cannot be approved and/or issued for the development of the subject property. Farmington’s 2020 Future Land Use Plan calls for this area to be Residential Single Family Low Density (greater than or equal to 1.0 acre lot). Lot sizes in this area are over two (2) acres; even so, the proposed lots for the Triple Eagle Subdivision will be greater than an acre and the proposed lot sizes are consistent with the City’s 2020 Future Land Use Plan. 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 code. The proposed lot sizes for Lot 3A and 3B are approximately 1% less than the minimum required size; two (2) acres. The square footage difference for both lots are 152 ft.² and 65 ft.². The proposed lots for the Triple Eagle Subdivision would be in compliance with the zoning requirements (setbacks). The applicant is proposing to use the property in a reasonable manner, to build single-family dwellings, and would not result in disorderly development. The request is reasonable and in keeping with the spirit and intent of the Code and the City’s comprehensive plan. 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 applicant has demonstrated that the requested variance is in harmony with the general interest, purpose and intent of the UDC. The requested variance will not be injurious to the surrounding neighborhood or otherwise detrimental to the public welfare. 4  ARB 18-16 Petition Report Page 5 This criterion IS met. 5. That the proposed variance will not permit a use not otherwise allowed in the underlying district. The granting of this variance will not allow a use that is not otherwise allowed in the RE-2 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. No nonconforming uses, structures or buildings in the same district have been considered as grounds for this variance request. 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 intent of the minimum lot area regulation is to support appropriate density and development in residential districts. The strict adherence to the code would restrict the reasonable use of the land and/or potential improvements to the property. The request is to legitimize the size of the lots in the Triple Eagle Subdivision through a variance in order to make the proposed lots buildable lots and to obtain building permits for the subject property. The strict adherence to UDC 2.8. Density and Dimensional Standards would not allow for building permits to be approved and/or issued for the development of the subject property. This criterion IS met. CONCLUSION The Community Development Department concludes that approval of ARB 18-16, is appropriate. The request is a minimum easing of the code, is in harmony with the neighborhood, and will not be injurious to the neighbors. RECOMMENDATION The Community Development Department recommends approval of Petition ARB 18-16, a request from Russell Allen for a variance to allow the minimum lot area for the size of 5  ARB 18-16 Petition Report Page 6 Lots 3A and 3B, in the Triple Eagle Subdivision, to be less than 2 acres in the RE-2, Residential District for property located at 8565 Foothills Drive. More specifically Lot 3A will be 86,968 ft.² (1.996 acres) and Lot 3B will be 87,055 ft.² (1.998 acres). 6  ARB 18-16 Petition Report Page 7 7  ARB 18-16 Petition Report Page 8 8  ARB 18-16 Petition Report Page 9 9  ARB 18-16 Petition Report Page 10 Pictometry Images Well site distance from existing residence Well site distance from subject property 10  ARB 18-16 Petition Report Page 11 11  ARB 18-16 Petition Report Page 12 PLANNING MEMO COMMENTS SUMMARY ARB 18-16 8565 FOOTHILLS DR Deadline: 3/5/18 City of Farmington Departments CD The petitioner submitted a summary plat petition which prompted this ARB petition. If the ARB approves the requested variance, this information must be included as a plat note on Director – M. Holton the proposed summary plat. The exact area measured by the surveyor should be used on that plat. An indication that the lots are 2 acres in size would be misleading, and should not be indicated on either lot on the plat. 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 ELEC Customer Care Manager – L. Richardson ELEC Electrical Engineering – L Aligarbes No comment ELEC T & D – R. Romero DRC meeting 3/11/18 - an all-weather surface FIRE Fire Captain – D. Doudy and turn around would be required FIRE Fire Marshall – B. Vega LEGAL City Attorney – J. Breakell LEGAL Deputy City Attorney – E. Wayne No comment POLICE Code Compliance – M. Romero POLICE Sergeant – P. Flores PRCA C. Styron No comment PW City Engineer – N. Westerling PW Engineering – T. Sitta No comment PW Streets Superintendent PW Traffic Engineer – C. Trask Make certain that the existing 15ft access PW easement shown will allow the west most Water/Waste Water – M. Tso property to have access/utility easement pass the two new properties. Other Entities New Mexico Gas Company – L. Moore CenturyLink – D. Willato No comment 12  ARB 18-16 Petition Report Page 13 Enterprise Field Services Comcast Cable – M. Johnson CH2MHILL OMI – R. Rosen Field Services Farmington School District – C. Lyons 13  ARB 18-16 Petition Report Page 14 14  ARB 18-16 Petition Report Page 15 15  ARB 18-16 Petition Report Page 16 16  ARB 18-16 Petition Report Page 17 17  ARB 18-16 Petition Report Page 18 18  ARB 18-16 Petition Report Page 19 19  ARB 18-16 Petition Report Page 20 20  ARB 18-16 Petition Report Page 21 21  ARB 18-16 Petition Report Page 22 22  ARB 18-16 Petition Report Page 23 23  ADMINISTRATIVE REVIEW BOARD Petition ARB 18-19 Variance to allow (1) a six-foot tall vinyl fence on the front property line and (2) to allow an outdoor recreation area within the required front yard area, in the MU/RPO, Mixed Use/Residential Preservation Overlay District 209 N. Auburn April 5, 2018 DESCRIPTION OF PETITION Petition No. ARB 18-16 is a request from Jarred and Kristen Santesson for a variance to allow for Fundamentals Child Development to have (1) a six-foot tall vinyl fence on the front property line and (2) to allow an outdoor recreation area within the required front yard area, in the MU/RPO, Mixed Use/Residential Preservation Overlay District. Pursuant to UDC 5.5.4 Fences and wall location and height, fences and walls located in the required front yard setback shall be limited to three (3) feet at the front property line. Pursuant to UDC 2.4.16C Day care centers, “No portion of such (outdoor) recreation area shall be located within the required front yard area of the property.” The property is legally described as: That part of the MAHANY TRACT as shown on the Plat of ROSS 2nd ADDITION, filed for record April 18, 1905, in the City of Farmington, San Juan County, New Mexico. Otherwise located at 209 N. Auburn GENERAL INFORMATION Applicant .......................... Jarred and Kristen Santesson Property Owner ............... Jarred and Kristen Santesson Location of Property ....... 209 N. Auburn (R0031654) Nature of Petition ............ The applicants request a variance to the fence height in the required front yard setback and to allow an outdoor recreation area in the required front yard area in the MU/RPO, Mixed Use/Residential Preservation Overlay District. Applicable Regulations... City of Farmington Unified Development Code (UDC): Pursuant to UDC 5.5.4 Fences and wall location and height, fences and walls located in the required front yard setback shall be limited to three (3) feet at the front property line. Pursuant to UDC 2.4.16C Day care centers, “No portion of such (outdoor) recreation area shall be located within the required front yard area of the property.” Zoning .............................. MU/RPO, Mixed Use/Residential Preservation Overlay District Existing Use ..................... Child daycare center Surrounding Zoning/ ….. North: MU/RPO, professional services/medical clinic Land Use South: MU/RPO, professional services/offices 24  ARB 18-19 Petition Report Page 2 East: LNC, Local Neighborhood Commercial, professional services/offices and residential West: MU/RPO, professional services/offices Public Notice……………. Publication of Notice of this petition appeared in the Daily Times on Sunday, March 18, 2018. Property owners within 100 feet were sent notice by certified mail on Wednesday March 14, 2018. A sign was posted on the property on Friday, March 23, 2018. Staff Helen Landaverde, Associate Planner BACKGROUND The applicants are requesting a variance to allow for Fundamentals Child Development to have (1) a six-foot (6) tall vinyl fence on the front property line for safety and security purposes and (2) to allow an outdoor recreation area within the required front yard area, in the MU/RPO, Mixed Use/Residential Preservation Overlay District for property located at 209 N. Auburn. The applicants are proposing to utilize the front yard area as a second outdoor play area. Research shows that the child day care center at 209 N. Auburn has been existent since 1997 (School of Montessori). The day care center later became Fundamentals Child Development in 2015. San Juan County Tax Assessor’s records show that the day care center, consisting of two separate buildings and an outdoor play area, occupies two parcels of land; R0031654 (0.344 acres; 19,791 ft.²) and R0031653 (0.448 acres; 19,501 ft.²)(see attachment). The day care center occupies parcel R0031654 and R0031653 is for off-site parking and an outdoor play area, measuring approximately 5,987 ft.² Fundamentals Child Development currently provides care for 64 children. The applicants are preparing to expand their day care services to a total of 80 children and may later expand supervision to a total of 125 children; maximum capacity for both buildings. The applicants are proposing to utilize the front yard area as a second outdoor play area in preparation for the future expansion of the day care at maximum capacity. The existing outdoor play area is located northwest on parcel R0031653. The day care center is within close proximity to the outdoor play area. Building 1 is approximately 123 feet away and Building 2 is approximately 38 feet from the outdoor play area (see Figure 1). Figure 1. Location of outdoor play area. 25  ARB 18-19 Petition Report Page 3 Building #1 Building #2 The applicants are requesting a variance to allow a six-foot (6) tall vinyl fence on the front property line for the second outdoor play area (facing a collector road, North Auburn) for safety and security purposes. According to the applicants, the subject property “is located in a designated Data Driven Analyzed Crime Table (DDACT) neighborhood…a “high crime” area. There is also a high amount of pedestrian traffic in the property area that could pose a threat to our young learners” (see attachment). Pursuant to New Mexico Administrative Code (NMAC) 8.16.2.21B (b) the space requirement for outdoor activity space for each child using the area at one time is 75 ft.² The existing outdoor play area measures approximately 5,987 ft.² and would exceed the current required space for 64 children (for each child using the area at one time) of 4,800 ft.² (64 children x 75 ft.² = 4,800 ft.²). The applicants are proposing an additional 980 ft.² for the second outdoor play within the required front yard to proportion an outdoor activity space for children under 24 months. Pursuant to UDC 5.5.4 Fences and wall location and height, fences and walls located in the required front yard setback shall be limited to three (3) feet at the front property line. In nonresidential districts such as in the MU RPO District, front yard fences using wrought iron open design are permitted up to eight feet (5.5.4B(2)). The applicants would like to maximize the size of the second outdoor play area for the children and build a six-foot (6) tall vinyl fence on the front property line with a 0’ front yard setback from the right-of-way. 26  ARB 18-19 Petition Report Page 4 The required front yard setback in the MU RPO District for a six-foot (6) tall vinyl fence is 10 feet. If the proposed fence were built at the setback line the second outdoor play area would measure 600 ft.² (remainder of front yard area (6 ft.) x length of lot (100 ft.)(see Figure 2). Figure 2. Second outdoor play area The New Mexico Administrative Code (NMAC) 8.16.2.24 (J)(2) requires “a fence at least four feet high and with at least one latched gate available for an emergency exit” for the outdoor play area. However, pursuant to the City’s UDC 2.4.16C Day care centers, “No portion of such (outdoor) recreation area shall be located within the required front yard area of the property.” The applicants are also requesting a variance to allow an outdoor recreation area within the required front yard area. The properties to the north, south, and west are zoned MU RPO District. The property to the east is zoned LNC. Most of the surrounding properties do not have front yard fences except for the property located at 212 North Auburn Avenue which is directly across the subject property; there is a three (3) foot-tall white picket fence located within the front yard property line (see attachment). The applicants are requesting a variance to allow for (1) a six-foot tall vinyl fence on the front property line with a 0’ front yard setback from the right-of-way and (2) to allow an outdoor recreation area within the required yard area. 27  ARB 18-19 Petition Report Page 5 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. The circumstances are self-imposed and self-created. The existing outdoor play area (5,987 ft.²) currently exceeds NMAC8.16.2.24 8.16.2.21B(b) space requirement for outdoor activity for each child using the area at one time (75 square feet); the required outdoor play area space for 64 children (currently enrolled) at one time is 4,800 ft.² (64 children x 75 ft.² = 4,800 ft.²). The applicants’ future expansion of day care services to 80 children would require an outdoor play area for each child using the area at one time to be 6,000 ft.² For the future expansion day care services for a total of 125 children the required outdoor play area for each child using the area at one time would be 9,375 ft.² (125 children x 75 ft.² = 9,375 ft.²). However, the applicants are not proposing to have the second outdoor play area for 80 children and/or 125 children at one time. The proposed second outdoor play area is to conveniently provide an outdoor activity space for children less than 24 months. Because the applicants are proposing a second outdoor play area, the State (NMAC) 8.16.2.24 (J)(2) requires “a fence at least four feet high” to secure the space for safety purposes. The State requirement of a minimum four-foot tall fence for the outdoor play area creates a unique circumstance that does not affect other structures or buildings in the same district. This criterion IS NOT met. 28  ARB 18-19 Petition Report Page 6 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 not deprive the applicant of the rights commonly enjoyed by other property owners in the surrounding area. The applicants are proposing a second outdoor play area within the front yard setback to provide an outdoor activity space for children less than 24 months. Yet, the State is not requiring that the day care center have an additional outdoor play area. Presently, the existing outdoor play area (5,987 ft.²) exceeds NMAC8.16.2.24 8.16.2.21B(b) outdoor activity space requirement for the 64 children, which is 4,800 ft.² (64 children x 75 ft.² = 4,800 ft.²). Still, the applicants are not proposing to have the second outdoor play area, within the front yard setback, to meet the State requirements for the future expansion of having 80 children to 125 children occupying the outdoor activity space at one time. Additionally, the day care center occupies two parcels of land and the combined size for the properties is approximately 0.792 acres. Other uses in this area, offices and residences, are much smaller than the subject property and vary in sizes from 0.16 acres to 0.34 acres. This criterion IS NOT 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. Although the applicants are proposing to use the property in a reasonable manner, the requested variance for a six-foot tall vinyl fence on the front property line with a 0’ front yard setback is not a minimum easing of the code. In nonresidential districts such as MU RPO front yard fences using wrought iron open design are permitted up to eight feet without a variance approval. The proposed height for the vinyl fence is a 100% increase to the maximum allowed fence height in the front property line permitted in the MU RPO District. This criterion IS NOT 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 surrounding area is MU/RPO and LNC and comprises primarily of offices. The purpose of the residential preservation (RPO) overlay zoning district is intended to facilitate adaptive re-use and preservation of older residential structures, and 29  ARB 18-19 Petition Report Page 7 compatible new development. A six-foot (6) tall vinyl fence on the front property line would not be compatible or reflect the residential preservation character of the area. A wrought iron open design fence would be more appropriate. In addition, the requested variance for a six-foot (6) tall vinyl fence on the front property line would be injurious to the surrounding neighborhood or otherwise detrimental to the public welfare. The proposed fence would interfere with the required sight triangle of traffic entering a collector road, North Auburn, for the day care center and other businesses that use the alley/driveway south of 209 Auburn, to access parking areas. If North Auburn is widened in the future it would further obstruct the sight triangle south of 209 Auburn. This criterion IS NOT met. 5. That the proposed variance will not permit a use not otherwise allowed in the underlying district. The granting of this variance will not allow a use that is not otherwise allowed in the MU/RPO, Mixed Use/Residential Preservation Overlay 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. No nonconforming uses, structures or buildings in the same district have been considered as grounds for this variance request. This criterion IS met. 7. That the applicant would suffer an unnecessary hardship if the variance requested were denied. The applicant would not suffer an unnecessary hardship if the variance were denied. On the one hand, the strict adherence to UDC 5.5.4 Fences and wall location and height for the proposed six-foot (6) tall vinyl fence would not allow for the maximization of the front yard area as an outdoor play area. Yet, a wrought iron open design fence up to eight feet in the front yard property line is permitted the MU RPO District without a variance approval and would provide an additional 980 ft.² of space in the front yard. Fundamentals Child Development has an existing outdoor play area that exceeds NMAC8.16.2.24 8.16.2.21B (b) space requirement for the currently enrolled 64 children at one time (64 children x 75 ft.² = 4,800 ft.²). The existing outdoor play 30  ARB 18-19 Petition Report Page 8 area measures approximately 5,987 ft.² and can provide outdoor activity space for 79 children at one time. On the other hand, The applicants’ future expansion of day care services to 80 children would require an outdoor play area for each child using the area at one time to be 6,000 ft.² The future expansion of day care services for a total of 125 children would require for the outdoor play area, for each child using the area at one time, to be 9,375 ft.² (125 children x 75 ft.² = 9,375 ft.²). However, the applicants are not proposing to have the second outdoor play area within the front yard setback to meet the State requirements for 80 children and/or 125 children at one time. The proposed second outdoor play area is to conveniently provide an outdoor activity space for children less than 24 months. This criterion IS NOT met. CONCLUSION The Community Development Department concludes the following is appropriate with conditions for ARB 18-19:  Denial for a six-foot tall vinyl fence on the front property line with a 0’ front yard setback from the right-of-way. The request is not a minimum easing of the code, it is not in harmony with the neighborhood, and would be injurious to the neighbors;  A four-foot (4) tall vinyl fence or a six-foot (6) tall wrought iron fence on the front property line with a 0’ front yard setback from the right-of-way is more appropriate and would meet NMAC 8.16.2.24 (J)(2) minimum fence requirements;  Approval to allow the proposed second outdoor recreation area within the required front yard area, in the MU/RPO, Mixed Use/Residential Preservation Overlay District. RECOMMENDATION The Community Development Department recommends denial of Petition ARB 18-19, a request from Jarred and Kristen Santesson for a variance to allow Fundamentals Child Development to have (1) a six-foot (6) tall vinyl fence on the front property line for safety and security purposes and (2) to allow an outdoor recreation area within the required front yard area, in the MU/RPO, Mixed Use/Residential Preservation Overlay District for property located at 209 N. Auburn. However, the Community Development Department recommends approval of a four-foot (4) tall vinyl fence on the front property line with a 0’ front yard setback, but not in the sight 31  ARB 18-19 Petition Report Page 9 triangle and to allow a second outdoor recreation area within the required front yard area, in the MU/RPO, Mixed Use/Residential Preservation Overlay District. 32  ARB 18-19 Petition Report Page 10 33  ARB 18-19 Petition Report Page 11 34  ARB 18-19 Petition Report Page 12 Photos of 209 N. Auburn surrounding area 212 North Auburn Avenue 35  ARB 18-19 Petition Report Page 13 Photos of subject property Rear area of daycare center (Bldg. #2) Front yard area of daycare center (Bldg. #1) 36  ARB 18-19 Petition Report Page 14 37  ARB 18-19 Petition Report Page 15 38  ARB 18-19 Petition Report Page 16 PLANNING MEMO COMMENTS SUMMARY ARB 18-19 209 N. AUBURN Deadline: 3/19/18 City of Farmington Departments CD Director – M. Holton No comment 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 ELEC Customer Care Manager – L. Richardson ELEC Electrical Engineering – L Aligarbes ELEC T & D – R. Romero FIRE Fire Captain – D. Doudy FIRE Fire Marshall – B. Vega LEGAL City Attorney – J. Breakell LEGAL Deputy City Attorney – E. Wayne No comment POLICE Code Compliance – M. Romero No comment POLICE Sergeant – P. Flores PRCA C. Styron No comment PW A 6' tall opaque fence at the property line would interfere with the required sight triangle of traffic entering a Collector Road, both for the Montessori school and the other businesses that use the alley/driveway just to the south of 209 Auburn, to access parking areas. The road right City Engineer – N. Westerling of way includes the existing sidewalk and landscaped buffer at the street. If the road is widened in the future it will obstruct even more of the sight triangle, forcing vehicles to encroach into the road to see. The business sign and sign directing customers to park in the back would also have to be relocated or raised. PW Engineering – T. Sitta No comments to add. PW Streets Superintendent PW Traffic Engineer – C. Trask PW Water/Waste Water – M. Tso No comment 39  ARB 18-19 Petition Report Page 17 Other Entities New Mexico Gas Company – L. Moore CenturyLink – D. Willato No comment Enterprise Field Services Comcast Cable – M. Johnson CH2MHILL OMI – R. Rosen Field Services Farmington School District – C. Lyons 40  ARB 18-19 Petition Report Page 18 41  ARB 18-19 Petition Report Page 19 42  ARB 18-19 Petition Report Page 20 43  ARB 18-19 Petition Report Page 21 44  ARB 18-19 Petition Report Page 22 45  ARB 18-19 Petition Report Page 23 46  ARB 18-19 Petition Report Page 24 47  ARB 18-19 Petition Report Page 25 48  ARB 18-19 Petition Report Page 26 49  ARB 18-19 Petition Report Page 27 50  ARB 18-19 Petition Report Page 28 51  ARB 18-19 Petition Report Page 29 52  ARB 18-19 Petition Report Page 30 53  RESOLUTION A RESOLUTION SETTING AND ESTABLISHING A REGULAR MEETING DAY, TIME AND PLACE FOR THE ADMINISTRATIVE REVIEW BOARD PURSUANT TO CITY COUNCIL RESOLUTION NO. 2013-1466 AS RATIFIED WHEREAS, pursuant to the provisions of Resolution No. 2013-1466 as ratified, each board, commission, committee or other policy making body of the City of Farmington which holds regular meetings shall annually, subject to the ratification and approval of the City Council of the City of Farmington, establish a regular meeting day, time and place; and WHEREAS, the Administrative Review Board of the City of Farmington has determined and does recommend to the City Council that the regular meeting day, time and place of the Administrative Review Board of the City of Farmington and the location where a copy of the agenda of such meetings may be obtained shall be as set forth in this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE ADMINISTRATIVE REVIEW BOARD OF THE CITY OF FARMINGTON: That the regular meeting day, time and place of the Administrative Review Board of the City of Farmington shall be held on the first Thursday following the first Tuesday of each month at 6:00 p.m. in the Council Chambers, Municipal Building, 800 Municipal Drive, Farmington, New Mexico and that the location where a copy of the agenda of the regular meeting may be inspected seventy-two (72) hours in advance of the meeting shall be at the Community Development Department, Municipal Annex, 805 Municipal Drive, Farmington, New Mexico. PASSED, SIGNED, APPROVED and ADOPTED this _______ day of ______, 2018. By: Chairperson, Administrative Review Board 54  MINUTES ADMINISTRATIVE REVIEW BOARD March 8, 2018 – 6:00 P.M. The Administrative Review Board met in regular session on Thursday, March 8, 2018 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 Oliver Roe Members absent: Jeff Johanson Staff present: Helen Landaverde Cindy Lopez Karen Walker Others addressing the Board: Joe Kozimor 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 and seconded by Board Member Dennis to approve the agenda. The motion passed unanimously by a vote of 4-0. Approval of the Minutes from the December 7, 2017 Regular Meeting Board Member Martin made a motion to approve the minutes of the December 7, 2017 regular meeting. The motion was seconded by Board Member Dennis and passed unanimously by a vote of 4-0. Election of Officers A motion was made by Board Member Martin to elect Ireke Cooper as Chairman and James Dennis as Vice-Chairman. The motion was seconded by Board Member Roe. 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 18-13 Variance to the rear yard setback Discussion of ARB No. 18-13 on March 8, 2018 Associate Planner Helen Landaverde presented the staff report for ARB 18-13, a request from Joe Kozimor for a variance to allow for a 5-foot rear yard setback for the northeast corner of a residential structure from the rear property line, in the SF-7, Single-family Residential district for property located at 1446 Bluejay Circle in the Little Creek Subdivision Phase VI. The applicant is requesting a variance to the required 15 foot rear yard setback for Lot 11. The recorded plat for Little Creek Subdivision Phase VI also requires a 15-foot rear yard setback for this subdivision. The applicant is proposing a 5-foot rear yard setback to the northeast corner of the residential structure to allow for the west property line to have a side yard setback of 11-feet to 17-feet in order to provide sufficient access to the backyard for larger equipment or an RV. The side yard setback to the east property line will be 5-feet and will meet the setback requirement in the SF-7 District. The minimum lot size in the SF-7 District is 7,000 square feet. The size of Lot 11 is 16,169 square feet and is an irregularly shaped parcel of land. Other irregularly shaped lots vary in sizes from 11,095 square feet to 16,876 square feet. Lots that are not irregular in shape vary from 7,989 square feet to 9,350 square feet. Lot 11 is the fourth largest lot in the Little Creek Subdivision Phase VI. The unusual shape of the front property line makes it difficult to place a residential structure on the property while still maintaining the rear yard setback The Community Development Department recommends approval subject to the following condition(s): • The 5-foot rear yard setback applies only to the northeast corner of the residential structure from the property line; Lot 11; and • The remainder of the rear yard for Lot 11 will comply with the required 15-foot setback as indicated in the UDC and on the recorded plat. Administrative Review Board Action of March 8, 2018 A motion was made by Board Member Martin and seconded by Board Member Roe to approve Petition No. ARB 18-13, a request from Joe & Stan, LLC for a variance to allow for a 5-foot rear yard setback for the northeast corner of the residential structure only, in the SF-7, Single-family Residential district for property located at 1446 Bluejay Circle in the Little Creek Subdivision Phase VI, with the following conditions: • The 5-foot rear yard setback applies only to the northeast corner of the residence from the property line; Lot 11; and • The remainder of the rear yard for Lot 11 will comply with the required 15-foot setback as indicated in the UDC and in the recorded plat. AYE: Chair Cooper, Board Members Dennis, Martin, and Roe. NAY: None ABSTAIN: None ABSENT: Board Member Johanson. APPROVED 4-0 Business from the Floor: There was no business from the Floor. Business from the Chair: Chair Cooper welcomed new Board Member Oliver Roe. Business from the Members: There was no business from the Members. Business from Staff: There was no business from Staff. Adjournment: The March 8, 2018 meeting of the Administrative Review Board was adjourned at 6:16 p.m. with a motion by Board Member Dennis that was seconded by Board Member Martin by a vote of 4-0. _________________________________ ________________________________ Ireke Cooper-Chair Karen Walker-Administrative Assistant