Administrative Review Board

A G E N D A Administrative Review Board City Council Chambers 800 Municipal Drive, Farmington, NM September 6, 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 August 9, 2018 Meeting 19 4 Petition No. ARB 18-62 – a request from Larry and Debbie Hilliard for a variance 1 to the rear yard setback requirements of UDC Sec. 2.5 Accessory Structures for the MF-M, Multi-family Medium Density District to build a garage 10-feet from the rear yard lot line for property located at 1226 S. Bluffview Avenue. (Teri Clashin) 5 Business from: Floor: Chairman: Members: Staff: 6 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. 1 2 3 4 5 6 7 8  PLANNING MEMO COMMENTS SUMMARY ARB 18-62 1226 S. BLUFFVIEW AVE. Deadline: 8/13/18 City of Farmington Departments CD Director – M. Holton No comment CD Addressing – Planning Division A Building permit will be required for the CD Chief Building Official – D. Childers accessory structure. 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 We don't have any existing powerline on the ELEC Electrical Engineering – L Aligarbes back of the property that we have to deal with. No Conflict. 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 City Engineer – N. Westerling PW Engineering – T. Sitta No comment PW Streets Superintendent PW Traffic Engineer – C. Trask 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 9 10 11 12 13 14 15 16 17 18  MINUTES ADMINISTRATIVE REVIEW BOARD August 9, 2018 – 6:00 P.M. The Administrative Review Board met in regular session on Thursday, August 9, 2018 at 6:00 p.m. in the City Council Chamber, 800 Municipal Drive, Farmington, New Mexico. Members present Acting Chair-James Dennis Paul Martin Oliver Roe Members absent: Ireke Cooper Jeff Johanson Staff present: Teri Clashin Helen Landaverde Cindy Lopez Karen Walker Others addressing the Board: Blake Barnett Bonnie Cummings Douglas Kinsey Bob Larson Laura Larson Sam Lasater Derald Polston Call to Order The meeting was called to order at 6:05 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 Roe to approve the agenda. The motion passed unanimously by a vote of 3-0. Approval of the Minutes from the July 5, 2018 Regular Meetings Board Member Martin made a motion to approve the minutes of the July 5, 2018 regular meeting. The motion was seconded by Board Member Roe 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 18-50 Variance to allow for a six-foot (6) tall fence to be placed on the south property line with a 0-foot street side setback Discussion of ARB No. 18-50 on August 9, 2018 Associate Planner Helen Landaverde presented the staff report for ARB 18-50, a request from Shane Lostak, represented by Derald Polston, for a variance to allow for (1) a six-foot tall fence to be placed on the south property line with a 0-foot street side setback, (2) a variance to the required setbacks, and (3) a reduction to the required sight triangle for property located at 3601 San Medina Avenue in the SF-7, Single-family Residential District. Pursuant to Section 2.8 Density and Dimensional Standards and 2.8.3(C)(a)(2): “Where a corner lot abuts an interior side yard of the property to the rear, there shall be a front yard setback on both streets with the street side yard being equal to the front yard of the lot to the rear, but in no case less than 15 feet.” In addition, UDC 5.3.6D Corner setbacks and Intersection Visibility (safe sight triangle), minimum sight triangle for local streets; 20’ x 20’. San Juan County Tax Assessor’s records show that the size of the property is 0.150 acres. There is a residence with a detached garage on the property. The subject property is a corner lot with double frontage at the intersections of 36th Street and San Medina Avenue. San Medina Avenue serves as the primary access for the property; therefore, 36th Street is considered a street side. Presently, the existing structures on the subject property do not meet most of the required setbacks in the SF-7 District and are considered to be nonconforming structures. The existing home and garage was built in 1979. The existing structures have maximized the buildable area. Ms. Landaverde stated the owner would like to expand the play area for his grandchildren by placing a six-foot tall wooden fence on the south property line with a 0-foot street side setback. The setbacks in the SF-7 District currently allows for the applicant to utilized 630 square feet of rear yard area and approximately 810 square feet of the street side area for play area; the total combined area is approximately 1,440 square feet. The owner currently utilizes approximately 230.75 square feet of the street side area. The proposed 0-foot street side setback would allow for approximately an additional 1,404 square feet of play area space for his grandchildren. The applicant is proposing to enclose part of the street side and is proposing a sight triangle of approximately 19’ x 13’ on the west side of the property between the proposed fence and the neighboring property line. Currently, there is a tree to the west on the applicant’s property that encroaches into the neighboring property and does not meet the City’s visual clearance requirement “clear line of sight between three feet and seven feet above the street grade.” The neighboring property has two driveways, one to the east that is the primary access, and one to the west for an RV. Pursuant to UDC 5.4.5 Visual obstructions. “All fences, walls, and hedges shall be subject to the section 5.3.6, corner setback and intersection visibility (safe sight triangle).” The minimum required safe sight triangle between the proposed fence and the neighbor’s property line is 20’ x 20’. In order to maximize the use of the street side, said Ms. Landaverde, the applicant is requesting a reduction to the required sight triangle between the proposed fence and the neighboring property line. The applicant will maintain a 20’ x 20’ sight triangle at the intersections of 36th Street and San Medina Avenue. Presently, there is traffic control in this area, a stop sign at the intersection adjacent to the subject property and the speed limit in this area is 25 m.p.h. In the interest of coming into compliance with the SF-7 District density and dimensional standards, the applicant is also requesting a variance to the required setbacks for the subject property. Ms. Landaverde mentioned a letter from Robert and Laura Larson protesting the fence petition. The Larson’s live at 606 E. 36th Street. The letter stated that a curb cut was added to the west side of their property a few years ago. Mr. and Mrs. Larson mentioned in their letter that a previous owner to 3601 San Medina had put up a similar fence. The letter said the covenants for their subdivision prohibit a 6-foot fence on that lot with a 0-foot setback, and after contacting the City, the property owner had to take the fence down. The Community Development Department recommends approval of Petition ARB 18-50 subject to the following conditions: • Only a portion of the street side, south property line, shall be enclosed with a six-foot tall fence at a 0-foot street side setback as proposed by the applicant (see Proposal). • Both sight triangles (20’ x 20’), at the intersections of 36th Street and San Medina Avenue and within the subject property and the neighboring property to the west, must be maintained. • A visual clearance between three feet and seven feet above the street grade shall be maintained between the subject property and the neighboring property to the west. Board Members Dennis and Martin questioned the need for a sight triangle to the east side of the petitioner’s property. Mr. Martin said he was not aware that a sight triangle was required between properties. Ms. Landaverde said it was required for fences. Board Member Roe asked about the covenants for the subdivision that were mentioned in the letter from Mr. and Mrs. Larson. Ms. Landaverde said the City does not regulate covenants. Board Member Martin again asked if the east sight triangle on the petitioner’s property was required by code. Ms. Landaverde said code required the sight triangle due to the height of the fence. Derald Polston, 5315 Calibri Place, said the tree between the properties has been trimmed. Mr. Polston mentioned that the curb cut on the neighbor’s property is for extra parking and not for primary parking. Bob Larson, 606 E. 36th Street, said he parks his 5th wheel RV behind his house and has to use the secondary driveway to back the RV onto the property. Mr. Larson said he has to pull quite a way into the street before he can see. He presented pictures to the Board Members. According to Mr. Larson, a young girl had been run over and killed near this intersection. Mr. Larson said if the variance was approved and someone gets hurt, the City should be liable. Board Member Martin asked Mr. Larson if he had help pulling the RV in and out. Mr. Larson said his wife helps him. Mr. Martin noted that Ms. Larson could make sure no one was coming. Mr. Martin also noted that people need to assume liability for their actions. Mr. Larson said a fence would be a safety hazard. He said the codes are put in place for a purpose, and a fence would erode the appearance of the neighborhood and set a precedence. Bonnie Cummings, 3603 San Medina, said safety was not an issue for her. Ms. Cummings complaint had to do with trees between her property and the petitioner’s property that are disturbing her fence. Board Member Dennis asked if a wrought iron fence would be allowed rather than a solid wood fence. Ms. Landaverde said a wrought iron fence would meet the requirements. Board Member Roe asked if the sight triangle on the east was required due to the neighbor’s second driveway. Ms. Landaverde said it was required because the petitioner was asking for a 6-foot tall fence. Laura Larson, 606 E. 36th Street, stated that her husband frequently parks his pickup truck in the west driveway and she is not usually available to flag people when he backs the truck out. Ms. Larson said Mr. Lostak does not take care of his yard. Ms. Larson said that she will require a written statement from the City if the petition is approved so that the City will be responsible for any liability. Board Member Martin asked to have the rules for covenants explained. Cindy Lopez said the City does not enforce covenants. That is a private issue between individuals. Ms. Lopez stated that a 6-foot tall fence would be allowed if it were 15-feet from the property line. If the residence to the east did not take access from the north, a 6-foot fence would be allowed on the property line. Board Member Roe made a motion to deny Petition ARB 18-50. The motion was not seconded. The motion died. Board Member Dennis mentioned that the second driveway on the property to the east is self- imposed to accommodate the RV. Board Member Martin stated that he did not agree with the sight triangle on the east side of the petitioner’s property. Board Member Martin made a motion to approve Petition ARB 18-50 with conditions presented by Staff. The motion was not seconded. Mr. Martin chose to withdraw his motion after Board discussion. Administrative Review Board Action of August 9, 2018 A motion was made by Board Member Roe and seconded by Board Member Dennis to deny Petition No. ARB 18-50, a request from Shane Lostak, represented by Derald Polston, for a variance to allow for (1) a six-foot tall fence to be placed on the south property line with a 0-foot street side setback, (2) a variance to the required setbacks, and (3) a reduction to the required sight triangle for property located at 3601 San Medina Avenue in the SF-7, Single-family Residential District. AYE: Acting Chair Dennis, Board Member Roe. NAY: Board Member Martin ABSTAIN: None ABSENT: Chair Cooper, Board Member Johanson. DENIED 2-1  Petition No. ARB 18-51 Variance to reduce the number of parking spaces for a Family Dollar Store Discussion of ARB No. 18-51 on August 9, 2018 Associate Planner Teri Clashin presented the staff report for ARB 18-51, a request from Leaf Properties, represented by Douglas Kinsey, for a variance from the requirements of UDC Sec. 5.2.3 Minimum off-street parking requirements for the LNC, Local Neighborhood Commercial District, to reduce the number of parking spaces for a Family Dollar Store on Wildflower Parkway. The property is 5.47 acres and is located approximately 576 feet east of Wildflower Mesa Drive. The property is part of a larger parcel and will be required to be subdivided through a plat process prior to the issuance of any building permits or release of electricity. On March 27, City Council approved a request from Leaf Properties, represented by Douglas Kinsey for a zone change from Multi-Family Medium Density (MF-M) to Local Neighborhood Commercial for the purpose of a small retail store. Parking space requirements are based on the size of the building. The petitioner submitted conceptual design drawings for a Family Dollar Store, and the proposed Family Dollar store is 104 feet X 80 feet = 8,320 square feet. The minimum parking requirement is 41 parking spaces with a minimum of three accessible spaces, one of which has to be a van-accessible space. The petitioner is requesting a variance to reduce the number of parking spaces required from 41 to 30 parking spaces, of which two must be accessible handicap spaces. The request is a reduction of 11 parking spaces (25%) for a total of 30 parking spaces. As part of the justification for the variance, the petitioner has stated that other dollar stores within the City have fewer parking spaces than the UDC requires. Based on the other dollar stores found within the City, said Ms. Clashin, two have fewer parking spaces than the UDC requires. The Family Dollar store on West Main was built before the implementation of the UDC in 2008 and has only 25 parking spaces. The physical layout of the property also poses constraints to the land. The property is located on a slope, causing restrictions to the location of the building, parking area, storm water detention and septic system placement. In addition, the location of the building cannot be placed within the existing utility easements found on the property. The petitioner has stated he intends on subdividing his parcel into two lots. According to the design drawings submitted, the petitioner will develop the western part of the lot with the Family Dollar store. Staff recommends the eastern part of the property be used as overflow parking if needed. In addition, if the eastern lot is developed in the future a shared parking agreement between the two businesses is highly recommended. The Community Development Department concludes that approval of ARB 18-51 is appropriate. Douglas Kinsey, from Helen, GA, pointed out on the map the area that slopes. He said there will be a detention pond to handle the storm water, and there is an area with a septic tank. Mr. Kinsey stated that the oil company has a gas line that goes through the property as well. Board Member Dennis said there is a need to match the parking spaces to the use of the building. If the Dollar Store becomes a different type of retail store, it would need to be a change of use and the parking would need to be reviewed. Administrative Review Board Action of August 9, 2018 A motion was made by Board Member Martin and seconded by Board Member Roe to approve Petition No. ARB 18-51, a request from Leaf Properties, represented by Douglas Kinsey, for a variance from the requirements of UDC Sec. 5.2.3 Minimum off-street parking requirements for the LNC, Local Neighborhood Commercial District, to reduce the number of required parking spaces to 30 for a Family Dollar Store on Wildflower Parkway. AYE: Acting Chair Dennis, Board Members Martin, and Roe. NAY: None ABSTAIN: None ABSENT: Chair Cooper, Board Member Johanson. APPROVED 3-0 Petition No. ARB 18-53 Variance to allow a reduction in lot size Discussion of ARB No. 18-53 on August 9, 2018 Planning Manager Cindy Lopez presented the staff report for ARB 18-53, a request from Blake Barnett and Robert & Sandra Burnett, for a variance to allow a lot size variance for three properties that do not meet the one-acre minimum lot size. The properties are located north of Sunrise Parkway, east of Butler Avenue, across from the driveway into Piñon Hills Golf Course in the RE-1, Residential Estates District. The properties were created by deed in 1978. The two properties owned by Robert and Sandra Burnett are each 0.44 acres and the one owned by Blake Barnett is 0.59 acres. All three parcels are vacant. The middle property is addressed as 2134 Sunrise Parkway. The property to the east owned by Steve Biernacki, along with the three parcels owned by the Burnett’s and Mr. Barnett where all part of the 2.47-acre parcel created by deed in 1978 and subsequently sold to Mr. Biernacki. Mr. Biernacki then sold the other three parcels to the Burnett’s and Mr. Barnett. They were not aware that the lots did not meet the City’s subdivision or minimum lot size regulations. The Unified Development Code Section 2.8 requires a minimum lot size in the RE-1 Residential Estates District to be one acre. Section 6.3 states “No electrical service and, where applicable, no permit for the construction of a building or buildings upon any lot, tract or parcel shall be issued until a building lot, tract or parcel has been created by compliance with…” a platted subdivision or is a ‘lot of record’. A ‘lot of record’ must be deeded prior to the original subdivision regulations established on June 22, 1971. The petitioner’s property, which abutted the City limit at the time the property was created, was in the Farmington Planning and Platting Jurisdiction. To be a ‘lot of record’ the owners are required to submit a summary plat to the City for review and approval. The owners of these properties will be required to submit a subdivision plat to the City prior to the issuance of any electric or building permits. Patent easements (33 feet wide), which were created by Congress, are on the south and east side of each of the original 2.5 acre parcels in this area of the City. Access to Blake Barnett’s property can utilize the patent easement along the south side of his property, and, to Robert and Sandra Burnett’s property from the patent easement on the south side of the north abutting property. However, the middle property owned by the Burnett’s will require an access and utility easement from the patent easement through the northern-most property to the site. Both of the patent easements access Sunrise Parkway to the east. There is sewer access to the west in Daybreak Drive and the owners can access the sewer through the same patent easements. The Community Development Department concludes that approval of ARB 18-53 is appropriate subject to the following conditions: • The two lots owned by Robert and Sandra Burnett must be no smaller than 0.44 acres and the lot owned by Blake Barnett must be no smaller than 0.59 acres. • All three lots must meet the setback requirements in the Unified Development Code for the RE-1 Residential Estates zoning district. • The owners must submit a plat to the City for review and approval for the lots to come into compliance with Farmington’s subdivision regulations prior to the issuance of any electric or building permits. • The lot addressed as 2134 Sunrise Parkway (R0050087) must be granted an access and utility easement from one of the other two properties. Blake Barnett, 2205 Blanch Avenue, stated that he currently has a worthless piece of property through no fault of his own. He is asked for approval of this petition. Sam Lasater, 4704 Daybreak Drive, stated that he has lived at this address for 39 years. He said he has given 33 feet on his western side for a roadway. He stated that he will not give up 33 feet on the eastern side for an easement. Derald Polston, 5315 Calibri Place, said he has been looking for property near the college for student housing and would be interested in these properties. Administrative Review Board Action of August 9, 2018 A motion was made by Board Member Martin and seconded by Board Member Roe to approve Petition No. ARB 18-53, a request Blake Barnett and Robert & Sandra Burnett, for a variance to allow a lot size variance for three properties that do not meet the one-acre minimum lot size. The properties are located north of Sunrise Parkway, east of Butler Avenue, across from the driveway into Piñon Hills Golf Course in the RE-1, Residential Estates District with the following conditions: • The two lots owned by Robert and Sandra Burnett must be no smaller than 0.44 acres and the lot owned by Blake Barnett must be no smaller than 0.59 acres. • All three lots must meet the setback requirements in the Unified Development Code for the RE-1 Residential Estates zoning district. • The owners must submit a plat to the City for review and approval for the lots to come into compliance with Farmington’s subdivision regulations prior to the issuance of any electric or building permits. • The lot addressed as 2134 Sunrise Parkway (R0050087) must be granted an access and utility easement from one of the other two properties. AYE: Acting Chair Dennis, Board Members Martin, and Roe. NAY: None ABSTAIN: None ABSENT: Chair Cooper, Board Member Johanson 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 noted that this is her last ARB meeting as she is retiring. Adjournment: The August 9, 2018 meeting of the Administrative Review Board was adjourned at 7:33 p.m. _________________________________ ________________________________ Jim Dennis-Acting Chair Karen Walker-Administrative Assistant