Administrative Review Board

A G E N D A Administrative Review Board City Council Chambers 800 Municipal Drive, Farmington, NM September 5, 2019 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 June 6, 2019 Meeting 16 4 Petition No. ARB 19-72– a request from Victor Prado for a variance to reduce the 1 required side yard setback from 15 feet to 6 feet in the SF-10, Single Family Residential District, for property located at 5608 Ravella Drive. (Beth Escobar) 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.  ADMINISTRATIVE REVIEW BOARD Petition ARB 19-72 Variance to allow for a six-foot fence in the side yard setback 5608 Ravella DR September 5, 2019 DESCRIPTION OF PETITION Petition No. ARB 19-72 is a request from Victor Prado, property owner of 5608 Ravella Dr., for a variance to reduce the side yard setback of 15 feet for a fence six feet in height. The request is to reduce the setback to 6 feet. The property is legally described as: Lot 8, in Block 5, of the Ravella Plaza Subdivision, in the City of Farmington, San Juan County, New Mexico, as shown on the Plat of said Subdivision filed for record July 26, 1961. Otherwise located at 5608 Ravella Drive GENERAL INFORMATION Applicant ......................... Victor Prado Property Owner ............... Victor Prado Location of Property ....... 5608 Ravella Dr. – R0023269 Nature of Petition ............ The subject property is a corner lot that abuts the interior side yard of the residential property to the rear. The applicant is requesting a variance to allow a reduction in the required 15-foot setback for a fence six feet in height. The request is to reduce the setback to six feet. Applicable Regulations .. City of Farmington Unified Development Code (UDC): Section 5.4.4.4 “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. Fences must adhere to the location and height requirements of subsection 5.4.4A. (1) which states: Fences and walls located in required front yard (setback) shall be limited to a height of three feet at the front right-of-way line, rising evenly to a maximum of 54 inches at setback line, and thereafter a maximum of six feet; provided...” Zoning .............................. SF-10 Single-family Residential Existing Use .................... Residential. Surrounding Zoning/ ….. North: SF-10, Single-family Residential District/Ravella Plaza Subdivision 1 Land Use ......................... South: SF-10, Single-family Residential District/Ravella Plaza Subdivision .......................................... East: SF-10, Single-family Residential District/Ravella Plaza Subdivision .......................................... West: SF-10, Single-family Residential District/Ravella Plaza Subdivision Public Notice…………….Publication of Notice of this petition appeared in the Daily Times on Sunday, August 18, 2019. Property owners within 100 feet were sent notice by certified mail on Wednesday August 14, 2019. A sign was posted on the property on Friday, August 23, 2019. Staff Beth Escobar, Planning Manager BACKGROUND The applicant is requesting a variance to allow a six-foot fence to encroach into the required 15-foot side setback. The applicant states this is the best location of the fence and wishes to store a car trailer and have a secure area for grandchildren and dogs. The subject property is located in the Ravella Plaza subdivision on a corner lot. Per the UDC code fence height in the required 15-foot side setback is limited to three feet. There is a 10-foot wide strip of City right-of-way along the east side of the subject property. If this variance request were granted, the six-foot high fence would begin at a distance of sixteen feet from the curb along Lee Lane. Approximate starting point of six-foot fence. 2 ISSUES Farmington Fire Marshall  Expressed a concern about visibility, specifically for the driveway for the property directly to the north. Qwest Corporation/Century Link  The applicant has secured an Encroachment Agreement with this utility to construct the proposed fence across the existing utility easement on the east side of the property. No additional comments have been received and no input from the notified neighbors has been submitted. 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. 5608 Ravella is a corner lot. The majority of the outdoor area for this lot is along the western edge parallel to Lee Lane. The applicant’s wish to fence this area in is comparable to a six-foot fenced back yard area. 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. Per Sec. 5-4 – Fences and walls of the UDC, a six-foot high fence would be allowed along the rear and side property lines of this property if it were not a corner lot. This criterion IS met. 3 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 UDC. The proposal is to allow a six-foot high fence starting six feet from the side property boundary. This is a variance request of nine feet. 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 requested variance is in harmony with the general interest, the general purpose and intent of the Code. The intent of the required 15-foot setback is to provide visibility protection for the neighboring property abutting the corner lot. With the 10-foot wide City right-of-way adjacent to the east side of the subject property, plus the proposed six-foot setback before the fence begins, this protection is accomplished. In addition, allowance of a six-foot high fence would screen the proposed car trailer storage from the view of pedestrians and vehicles travelling along Lee Dr. 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 not otherwise allowed in the SF-10 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. 4  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 request were denied. However, the approval of the request will provide a better quality of life for this applicant by allowing him to take full advantage of his exterior yard area. This criterion IS met. CONCLUSION The Community Development Department concludes that approval of ARB 19-72 is a minimum easing of the code, meets the intent of the code and is a property that has characteristics unique enough to allow for a reduction in the side yard setback requirement for a six-foot fence. RECOMMENDATION The Community Development Department recommends approval of Petition ARB 19-72 from Victor Prado, for a variance to allow for a reduction in the required side setback from 15 feet to six feet to allow for installation of a six-foot high fence subject to: 1. Upon submittal of the building permit for the fence, a field inspection by staff will be completed ensuring visibility for vehicles exiting the property to the north is protected. 2. The new fence shall be constructed on the south side of the existing railroad ties. 5  PLANNING MEMO COMMENTS SUMMARY ARB 19-77 5608 RAVELLA DR. Deadline: 8/22/19 City of Farmington Departments CD Director – CD Addressing – Planning Division CD Chief Building Official – D. Childers No comment CD Long Range Planner CD MPO 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 Expressed concerns about visibility LEGAL City Attorney – J. Breakell LEGAL Deputy City Attorney – E. Wayne POLICE Code Compliance – M. Romero No comment POLICE Sergeant – P. Flores PRCA S. Reeves/ R. Crosby PRCA ORII – C. Styron No comment PW City Engineer – N. Westerling PW Engineering – T. Sitta No comment PW Streets Superintendent PW Traffic Engineer – I. BlueEyes No comment PW Water/Waste Water – M. Tso Other Entities New Mexico Gas Company – R. Castillo No comment CenturyLink – D. Willato Provided easement access agreement Enterprise Field Services Comcast Cable – M. Johnson CH2MHILL OMI Surface Land Negotiator for BP – M. Venzara Farmington School District – C. Lyons 6 7 8 9 10 11 12 13 14 15  MINUTES ADMINISTRATIVE REVIEW BOARD June 6, 2019 – 6:00 P.M. The Administrative Review Board met in regular session on Thursday, June 6, 2019 at 6:00 p.m. in the City Council Chamber, 800 Municipal Drive, Farmington, New Mexico. Members present Vice Chair-Paul Martin Brian Erickson Jeff Johanson Oliver Roe Members absent: Chair-James Dennis Staff present: Cindy Lopez Karen Walker Others addressing the Board: Dennis Ivie Chad Waite Call to Order The meeting was called to order at 6:00 p.m. by Acting Chair Paul Martin 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 Johanson to approve the agenda. The motion passed unanimously by a vote of 4-0. Approval of the Minutes from the May 9, 2019 Regular Meetings Board Member Roe made a motion to approve the minutes of the May 9, 2019 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 19-40 Variance to allow for accessory structures of more than the required 2,000 square feet In the buildable area of the property 634 W. Apache Street Discussion of ARB No. 19-40 on June 6, 2019 Senior Planner Cindy Lopez presented the staff report for ARB 19-40, a request from Chad Waite, represented by Dennis Ivie, for a variance to allow a second detached 24 foot by 46-foot garage (1,104 sq. ft.) in the allowed buildable area of a 1.47-acre parcel in the SF-7, Single- family Residential District located at 634 W. Apache Street. The minimum lot area for the SF-7 zoning district is 7,000 square feet. The petitioner has an existing detached garage of approximately 2,327 square feet. An accessory structure built on a residential property cannot exceed 2,000 square feet or 50% of the principle structure, whichever is greater, according to the UDC, Unified Development Code. The petitioner is requesting to add an additional garage. There are two smaller existing outbuildings on the property. The petitioner intends to remove the outbuilding behind the house and the new garage will replace the outbuilding. The Glade Arroyo runs along the west side of the property. The petitioner also owns the 1.46- acre vacant property to the east. The properties across Apache Street from the Glade Arroyo to Schwartz Avenue include eight residences, ranging in property size from 0.17 acres to 0.2 acres and totaling 1.41 acres. Each of those residences can have up to three accessory buildings. The intent of the SF-7 zoning district is to control the density of properties. Mr. Waite has a large property. There is a severe grade change between the front of the property where the residence and existing detached garage are located. The additional proposed garage will not be seen from the road due to the grade change. The Community Development Department concludes that approval of ARB 19-40 is a minimum easing of the code, meets the intent of the code and is a property that has characteristics unique enough to allow for a second garage of over the 2,000 square foot maximum without adversely affecting the neighbors or the neighborhood. Board Member Johanson asked to have the outbuildings clarified. Chad Waite, 634 Apache Street, said the shed that will be torn down is actually behind the house. Ms. Lopez asked that one of the conditions be changed to “the removal of one of the outbuildings “. Dennis Ivie, 201 Taylor Drive, said he agrees with the conditions with the change. Administrative Review Board Action of June 6, 2019 A motion was made by Board Member Roe and seconded by Board Member Johanson to approve Petition No. ARB 19-40, a request from Chad Waite, represented by Dennis Ivie, for a variance to allow a second detached 24 foot by 46-foot garage (1,104 sq. ft.) in the allowed buildable area of a 1.47-acre parcel in the SF-7, Single-family Residential District located at 634 W. Apache Street, subject to: • Meeting all floodplain requirements, construction and documentation, which shall be completed and submitted to the City Floodplain Manager prior to the issuance of a building permit or a certificate of occupancy; and, • The removal of one of the outbuilding below the hill behind the house. AYE: Acting Chair Martin, Members Erickson, Johanson, and Roe. NAY: None ABSTAIN: None ABSENT: Chair Dennis  APPROVED 5-0 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 introduced the new ARB Board Member Brian Erickson. Adjournment: The June 6, 2019 meeting of the Administrative Review Board was adjourned at 6:17 p.m. _________________________________ ________________________________ Paul Martin-Acting Chair Karen Walker-Administrative Assistant