Administrative Review Board

A G E N D A Administrative Review Board City Council Chambers 800 Municipal Drive, Farmington, NM November 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 October 4, 2018 Meeting 38 4 Election of Officers 5 Petition No. ARB 18-76 – a request from Jeffrey and Pamela Woolley for a 1 variance (1) to reduce the required setback of 100 feet to 72 feet for buildings constructed within any well site equipment, and (2) to reduce the side yard setback from 15 feet to 10 feet in the RE-1, Residential Estate district for property located at 7500 Las Brisas Trail. (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. 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  MINUTES ADMINISTRATIVE REVIEW BOARD October 4, 2018 – 6:00 P.M. The Administrative Review Board met in regular session on Thursday, October 4, 2018 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 Oliver Roe Members absent: Paul Martin Staff present: Teri Clashin Mary Holton Karen Walker Others addressing the Board: Jon Haxton Pam Markle Scott Martin 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 Roe 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 September 6, 2018 Regular Meetings Board Member Dennis made a motion to approve the minutes of the September 6, 2018 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 18-66 Variance to the minimum lot size and the front yard setback Discussion of ARB No. 18-66 on October 4, 2018 Associate Planner Teri Clashin presented the staff report for ARB 18-66, a request from Jon Haxton, represented by Sakura 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 for both lots. The front-yard setback for both lots will be 24 ft. instead of the 35 ft. requirement. The properties are located in the RE-20, Residential Estate District at 906 Deer Trail. The representative, Scott Martin, Sakura Engineering & Surveying, submitted the Haxtons Hummingbird Subdivision summary plat, SP 18-56, to staff in July to come into compliance with the City’s subdivision regulations. At that time, staff found the two lot sizes did not meet the density and dimensional standards for the RE-20 zoning district. Staff recommended the petitioner to submit a variance to the lot sizes and front yard setbacks before the summary plat could be approved. San Juan County Tax Assessors records show that Lot 1 is 0.35 acres and Lot 2 is 0.36 acres. Lot 1 has an existing residential structure that was built in 1978. Lot 2 has an accessory structure. This area of the City was annexed on December 9, 1958, before the original subdivision regulations were adopted on June 22, 1971. Lot 1 was created by deed in 1977, and Lot 2 was created by deed in 1978. The two parcels are lots of record. The UDC Section 2.8 Density and Dimensional Standards for RE-20 lists the minimum lot area as 20,000 sq. ft. According to the Haxtons Hummingbird Subdivision Summary Plat, Lot 1 = 15,092 sq. ft. or 0.35 acres and Lot 2 = 15,511 sq. ft. or 0.36 acres. The RE-20 front yard setback requirement is 35 feet from the front property line. The placement of the residential structure is 24 feet from the front property line and does not meet the minimum front yard setback. The Community Development Department concludes that approval of ARB 18-66 is appropriate. The need for the variance is not self-imposed, self-created or the result of actions by the petitioner. The literal enforcement of the UDC would result in an unnecessary hardship on the petitioner. The request is a minimum easing of the code and would be I harmony with the general purpose and intent of the code concerning lot sizes and front yard setback requirements. The Community Development Department recommends approval with the following conditions: • The minimum lot size for Lot 1 = 15,092 sq. ft./0.35 acres, and Lot 2 = 15,511 sq. ft./0.36 acres. • The minimum front yard setback will be reduced from 35 feet to 24 feet for both lots. • The petitioners must finalize the summary plat for Haxtons Hummingbird Subdivision. Scott Martin, Sakura Engineering and Surveying 125 W. Main St., said the petitioner thought about consolidating the two lots, but the mortgage company did not want the lots consolidated at this time. The petitioner is doing the summary plat in order to obtain a building permit to make improvements on his property. Pam Markle, 880 Deer Trail, said she wanted to know if Mr. Haxton intended to build a house on the other lot. Jon Haxton, 906 Deer Trail, said he did not intend to build on the other lot. He said the process began when he needed a building permit to improve the existing structure. He would like to add a new roof, a patio cover, and build a shop in the future. Most of the change, said Mr. Haxton, will be on the back of the house. Administrative Review Board Action of October 4, 2018 A motion was made by Board Member Roe and seconded by Board Member Johanson to approve Petition No. ARB 18-66, a request from Jon Haxton, represented by Sakura 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 for both lots from 35 feet to 24 feet for properties located in the RE-20, Residential estate District at 906 Deer Trail with the following conditions:  • The minimum lot size for Lot 1 = 15,092 sq. ft./0.35 acres, and Lot 2 = 15,511 sq. ft./0.36 acres. • The minimum front yard setback will be reduced from 35 feet to 24 feet for both lots. • The petitioners must finalize the summary plat for Haxtons Hummingbird Subdivision. AYE: Chair Cooper, Board Members Dennis, Johanson, and Roe. NAY: None ABSTAIN: None ABSENT: Board Member Martin 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 4, 2018 meeting of the Administrative Review Board was adjourned at 6:15 p.m. _________________________________ ________________________________ Ireke Cooper-Chair Karen Walker-Administrative Assistant