Administrative Review Board

A G E N D A Administrative Review Board City Council Chambers 800 Municipal Drive, Farmington, NM October 4, 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 September 6, 2018 Meeting 17 4 Petition No. ARB 18-66 – a request from Jon Haxton, represented by Sakura 1 Engineering & Surveying, for a variance to 1) the minimum lot size for two properties that do not meet the 20,000 sq. ft. minimum lot size; and 2) to reduce the minimum front-yard setback from 35 feet to 24 feet for both lots located in the RE-20, Residential Estate District at 906 Deer Trail. (Teri Clashin) 5 NOTE: THIS PETITION WAS CANCELLED 10/1/18 Petition No. ARB 18-67 – a request from Jeffrey Ring with Animas Valley Mall, represented by Timothy Prescott with FastSigns, for a variance to allow for a maximum size of an exterior wall sign for Xfinity (tenant) to be 60 sq. ft., for property located at 4601 E. Main St., Ste. 130. (Helen Landaverde) 6 Business from: Floor: Chairman: Members: Staff: 7 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 9 10 11 12 13 14 15 16  MINUTES ADMINISTRATIVE REVIEW BOARD September 6, 2018 – 6:00 P.M. The Administrative Review Board met in regular session on Thursday, September 6, 2018 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 Oliver Roe Members absent: Ireke Cooper Staff present: Teri Clashin Mary Holton Karen Walker Others addressing the Board: Larry Hilliard 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 Acting Chair Dennis to approve the agenda. The motion passed unanimously by a vote of 3-0. Approval of the Minutes from the August 9, 2018 Regular Meetings Board Member Martin made a motion to approve the minutes of the August 9, 2018 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. NOTE: Board Member Roe arrived at 6:04 p.m. Petition No. ARB 18-62 Variance to the rear yard setback Discussion of ARB No. 18-62 on September 6, 2018 Associate Planner Teri Clashin presented the staff report for ARB 18-62, a request from Larry and Debbie Hilliard for a variance to reduce the rear-yard setback requirements of UDC Sec. 2.8 Density and Dimensional Standards from 25 ft. to 10 ft. in the MF-M, Multi-family Medium Density District for property located at 1226 S. Bluffview Avenue. The subject property is 0.52 acres. This area of the City was annexed on September 14, 1954. The residential home was built in 1958 before the original subdivision regulations were adopted and is considered a lot of record. The setbacks for the MF-M district are 20 feet front yard, 8 feet side yard, and 25 feet rear yard. The petitioners would like to build a garage and an attached firewood shelter in their rear yard. The garage will be 1,600 sq. ft., and the shelter will be 400 sq. ft. for a total combined area of 2,000 sq. ft. The petitioner, Larry Hilliard, stated the intent of the garage is to rebuild and restore old vehicles. The proposed building is for personal storage and use. The 10 feet rear-yard setback is recommended by Building and Fire Code to prevent fire spread through the separation of principle structures and accessory structures of adjacent properties. The subject property has two driveways on the north and south side of the residential structure. In the rear of their home, there is a U-shaped driveway that allows for them to park their vehicles on the north side of the home where there is a carport. This allows for easy access to Bluffview Avenue. The south driveway is used to park flatbed trailers in the rear-yard. The petitioners have stated the need to leave the U-shaped driveway intact to make way for the flatbed trailers. UDC section 2.5.2.B Accessory uses and structures states “The total gross floor area of all accessory structures that are built in the required rear and side yard on a lot shall not exceed 1.000 square feet or 50 percent of the total gross floor area of the principle structure on the lot, whichever is greater. 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." Staff was able to research the neighborhood for granted variances for garages. The petitioner's neighbor located at 1112 South Bluffview Avenue, six homes north of the petitioner's home, was granted a variance to their rear-yard setback from 25 feet to 10 feet to allow for a 2,000 square foot garage. The ARB commission approved the ARB 11-01 variance on February 3, 2011. The petitioners were able to get three signatures of support for ARB 18-62 from their neighbors. The Community Development Department concludes that approval of ARB 18-62 is appropriate. The request is a minimum easing of the code and it would be in harmony with the general purpose and intent of the code concerning setback requirements. The Community Development Department recommends approval of Petition ARB 18-62 from Larry and Debbie Hilliard, for a variance to reduce the rear-yard setback form 25 feet to 10 feet in the MFM, Multi-Family Medium Density District at 1226 South Bluffview Avenue in the City of Farmington, San Juan County, New Mexico and subject to the following condition: 1. The petitioners must apply for a building permit for the accessory structure. Acting Chair Dennis asked if the property to the east had accessory structures on the rear lot line. Ms. Clashin said those structures were legal nonconforming. Larry Hilliard, 1226 S. Bluffview Avenue, said he needed to keep the circle driveway that goes around the back of the house because of the flatbed trailers that he has in the back. He said the shop will be 40 ft. x 40 ft. and will be built from wood and stucco. Acting Chair Dennis asked if the shop would fit better if it were a different size such as 30 ft. x 50 ft. Mr. Hilliard said the shop size he was requesting was better for the intended usage of the shop, but he would consider a different size if necessary. Administrative Review Board Action of September 6, 2018 A motion was made by Board Member Martin and seconded by Board Member Roe to approve Petition No. ARB 18-62, a request from Larry and Debbie Hilliard for a variance to reduce the rear-yard setback requirements of UDC Sec. 2.8 Density and Dimensional Standards from 25 ft. to 10 ft. in the MF-M, Multi-family Medium Density District for property located at 1226 S. Bluffview Avenue with the following condition: 1. The petitioners must apply for a building permit for the accessory structure. AYE: Acting Chair Dennis, Board Members Johanson, Martin, and Roe. 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: Mary Holton mentioned that Petition ARB 18-50, a request from Shane Lostak, represented by Derald Polston is on appeal and will go before City Council on September 11, 2018. Adjournment: The September 6, 2018 meeting of the Administrative Review Board was adjourned at 6:26 p.m. with a motion by Board Member Martin that was seconded by Board Member Roe by a vote of 4-0. _________________________________ ________________________________ James Dennis-Acting Chair Karen Walker-Administrative Assistant