Administrative Review Board

A G E N D A Administrative Review Board City Council Chambers 800 Municipal Drive, Farmington, NM November 7, 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 October 3, 2019 Meeting 15 4 Petition No. ARB 19‐85 – a request from Robin Porter, requesting a variance 1 from Section 5.3.3.A requiring a paved driveway, and Section 6.4.8.C.1.A of the Unified Development Code requiring installation of a sidewalk prior to placement of a new manufactured home for property located at 6007 McCarty Avenue. (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 19-85 Variance request to waive the requirement for a paved driveway and installation of a sidewalk in City right-of-way prior to placement of a new manufactured home November 7, 2019 DESCRIPTION OF PETITION Petition No. ARB 19-5 is a request from Robin Porter, owner of property located at 6007 McCarty Avenue in Farmington, requesting a variance from two sections of the Uniform Development Code (UDC): Section 5.3.3.A requiring a paved driveway and Section 6.4.8.C.1.A requiring installation of a sidewalk prior to placement of a new manufactured home. LEGAL DESCRIPTION Lot 2, in Block 7, of the Park Lane Estates, in the City of Farmington, San Juan County, New Mexico, as shown on the Plat of said Subdivision filed for record September 1, 1959. Otherwise located at 6007 McCarty Avenue GENERAL INFORMATION Applicant Robin Porter Property Owner Robin Porter Location of Property 6007 McCarty Ave Nature of Petition The petitioner is requesting a waiver of the requirement to install a paved driveway and a sidewalk prior to setting a new manufactured home. Applicable Regulations City of Farmington Unified Development Code (UDC): Section 5.3.3A requires all driveways providing access to parking on a property shall be paved. Section 6.4.8.C.1.A requires sidewalks on all streets for subdivision developments. Zoning SF-MH Single-Family Mobile Home Existing Use Currently vacant. Previous use as single-family residential Surrounding Zoning North: SF-MH, Single-family Mobile Home Residential District/Pak Lane Estates Subdivision Land Use South: SF-MH, Single-family Mobile Home Residential District/Pak Lane Estates Subdivision East: SF-MH, Single-family Mobile Home Residential District/Pak Lane Estates Subdivision West: RA-Rural Agricultural Public Notice Publication of Notice of this petition appeared in the Daily Times on Sunday, October 20, 2019. Property owners within 100 feet were sent notice by certified mail on Wednesday October 16, 2019. A sign was posted on the property on Friday, October 25, 2019. Staff Beth Escobar, Planning Manager  ARB 19-85 Petition Report Page 2 BACKGROUND The applicant is requesting a waiver of the requirement for a paved driveway and installation of a sidewalk in City right-of-way prior to setting a new manufactured home on the property. The new unit is a replacement for an older mobile home that has been removed from the property. As noted in comments from the engineering division, the property is located in the Park Lane Estates which was recorded with San Juan County in 1959. This subdivision was originally located within the county and annexed into the City of Farmington in 1978. Historical aerial maps show that in 1985 the streets were all dirt within this subdivision. The City of Farmington paved the streets and installed curb and gutter per the Paving Special Assessment District 91-16 as-built document dated June 1993. The requirement to install a sidewalk is part of Article 6-Subdivision Standards of the UDC. Sidewalks were not installed by the developer for this subdivision that was originally part of San Juan County outside City limits. The Community Works Director has determined that the requirement for sidewalk installation shall be applied to the property owner prior to redevelopment of any property since this burden should not be shifted to the City. The requirement for a paved driveway applies to all residential development except or those in the RE 1,2 & 20 Zoning Districts. INPUT FROM NEIGHBORS: There have been no comments received regarding this application.  ARB 19-85 Petition Report Page 3 Google Earth View of Subdivision Subject property  ARB 19-85 Petition Report Page 4 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 special condition relative to this petition is that Ms. Porter is replacing an older mobile home that was originally set on the property. The permit for the new home has triggered the requirements for a paved driveway and sidewalk, neither of which previously existed. The majority of properties in the Park Lane Estates subdivision have older mobile homes on the lots. Most of the properties have gravel driveways. Only two properties in this subdivision have sidewalks in front of the lot. 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 the applicant, the cost of installation of a paved driveway and sidewalk would exceed her budget for this project and she would not be able to place a home on this lot. 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. It is reasonable to expect to place a manufactured home on this property. Manufactured homes are typically a more affordable housing option. Waiving the requirement for a paved driveway and sidewalk installation is a minimum easing of the code is this specific subdivision where there a few paved driveways and sidewalks. This criterion IS met.  ARB 19-85 Petition Report Page 5 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. In this situation, waiver of the two requirements would not be injurious to the neighborhood since there is a preponderance of gravel driveways and no sidewalks. 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- MH 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. As stated in the application, installation of a paved driveway and sidewalk would exceed her budget for this project and she would not be able to go forward with her plans of setting a new home on this lot. This criterion IS met. CONCLUSION The Community Development Department concludes that approval of ARB 19-85 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 waiver of the requirements for a paved driveway and sidewalk installation.  ARB 19-85 Petition Report Page 6 RECOMMENDATION The Community Development Department recommends approval of Petition ARB 19-85 from Robyn Porter, for a variance to waive the requirement for a paved driveway and installation of a City sidewalk.  ARB 19-85 Petition Report Page 7 PLANNING MEMO COMMENTS SUMMARY ARB 19-85 6007 MCCARTY AVENUE Deadline: 10/24/19 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 No comment ELEC T & D – R. Romero FIRE Fire Captain – K. Rix No comment FIRE Fire Marshall – B. Vega No comment 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 S. Reeves/ R. Crosby PRCA ORII – C. Styron PW City Engineer – N. Westerling PW No Comment. Historical Information Found: 1) The property is located in the Park Lane Estates which was recorded with San Juan County in 1959. 2) This was originally located within the county and annexed into the City of Farmington in Engineering – T. Sitta 1978. 3) Historical Aerials show that in 1985, the streets were all dirt streets within this subdivision. 4) The City of Farmington paved the streets with curb and gutter per the Paving Special Assessment District 91-16 as-built document dated June 1993. PW Streets Superintendent PW Traffic Engineer – I. BlueEyes No comment PW Water/Waste Water – M. Tso No comment  ARB 19-85 Petition Report Page 8 Other Entities New Mexico Gas Company – R. Castillo No comment CenturyLink – D. Willato No comment Enterprise Field Services – M. Waszut No comment Comcast Cable – M. Johnson CH2MHILL OMI Surface Land Negotiator for BP – M. Venzara Farmington School District – C. Lyons ARB 19-85 Petition Report Page 9 ARB 19-85 Petition Report Page 10 ARB 19-85 Petition Report Page 11  ARB 19-85 Petition Report Page 12 NOTICE OF PUBLIC HEARING VARIANCE REQUEST PETITION NO. ARB 19‐85 October 16, 2019 Dear Property Owner: Notice is hereby given that an application has been filed with the Administrative Review Board of the City of Farmington, New Mexico, a request from Robin Porter, requesting a variance from Section 5.3.3.A requiring a paved driveway, and Section 6.4.8.C.1.A requiring installation of a sidewalk prior to placement of a new manufactured home for property located at 6007 McCarty Avenue, in the City of Farmington, San Juan County, New Mexico, as described below: LEGAL DESCRIPTION Lot 2, in Block 7, of the Park Lane Estates, in the City of Farmington, San Juan County, New Mexico, as shown on the Plat of said Subdivision filed for record September 1, 1959. Otherwise located at 6007 McCarty Avenue A public hearing will be held before the Administrative Review Board of the City of Farmington on Thursday, November 7, 2019 at 6:00 p.m. in the City Council Chambers at City Hall, 800 Municipal Drive, Farmington, New Mexico to consider this variance request. All persons of interest are invited to attend said hearing and shall have an opportunity to be heard on why said application should be granted or denied. You are receiving this letter because you may own property within 100 feet (excluding public right‐of‐ way) of the proposed change. You are invited to attend the hearing noted above or submit written comments prior to the meeting to the Community Development Department – Planning Division at 800 Municipal Drive, Farmington, New Mexico 87401. Please be advised that all submitted comments will become public record and that there is the possibility that any petition may be withdrawn before the hearing date. If you have any questions or would like additional information regarding this notice or the petition, please contact Beth Escobar at 505‐599‐1285 or bescobar@fmtn.org. Sincerely, Karen Walker Administrative Assistant ARB 19-85 Petition Report Page 13 ARB 19-85 Petition Report Page 14  MINUTES ADMINISTRATIVE REVIEW BOARD October 3, 2019 – 6:00 P.M. The Administrative Review Board met in regular session on Thursday, October 3, 2019 at 6:00 p.m. in the City Council Chamber, 800 Municipal Drive, Farmington, New Mexico. Members present Chair-James Dennis Brian Erickson Jeff Johanson Members absent: Paul Martin Staff present: Beth Escobar Karen Walker Others addressing the Board: Hannelore Collyer Marilyn Hendricks Chuck Melazzo Call to Order The meeting was called to order at 6:00 p.m. by Chair James 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 Johanson and seconded by Board Member Erickson to approve the agenda. The motion passed unanimously by a vote of 3-0. Approval of the Minutes from the September 5, 2019 Regular Meetings Board Member Johanson made a motion to approve the minutes of the September 5, 2019 regular meeting. The motion was seconded by Board Member Erickson 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 19-81 Variance to allow for the reduction of the required 20-foot front setback to a carport at 1007 Delhi Terrace Discussion of ARB No. 19-81 on October 3, 2019 Planning Manager Beth Escobar presented the staff report for ARB 19-81, a request from Marilyn Hendricks to reduce the front yard setback from 20 feet to 15 feet to allow for a carport in the SF-7, Single-family Residential District for property located at 1007 Delhi Terrace. Delhi Terrace Subdivision was recorded in 1973. The surrounding subdivisions were recorded prior to 1971. Subdivisions recorded prior to 1971 would be allowed a 15-foot setback for a carport. Per the application, the original garage has been modified and is no longer useable as a garage. The carport will provide a safe access for the owner from the front door of the house to where she parks her vehicle. The request 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 20-foot front yard setback requirement for a carport. Staff recommends approval of Petition ARB 19-81. It is a minimum easing of the code and it is in harmony with the general intent of the code. Due to the orientation of the houses on each side of the property, it will have a minimum impact on the neighbors. Approval is recommended subject to the following condition:  The carport will need to be located no closer than 5 feet from the side property line or a 1-hour wall will need to be constructed. (From the support posts with a max 2 foot overhang). Chair Dennis asked if any other properties in the area have carports. Ms. Escobar said there were not any other carports in this neighborhood. Staff received a letter of recommendation from several neighbors. Marilyn Hendricks, 1007 Delhi Terrace, said her husband passed away in June and she feels she needs something to protect her car from the weather. The carport will be open on the sides, but will protect the car from snow and rain. Hannelore Collyer, 934 E. Navajo Street, said she is in favor of the carport. Administrative Review Board Action of October 3, 2019 A motion was made by Board Member Erickson and seconded by Board Member Johanson to approve Petition No. ARB 19-81, a request from Marilyn Hendricks to reduce the front yard setback from 20 feet to 15 feet to allow for a carport in the SF-7, Single-family Residential District for property located at 1007 Delhi Terrace subject to the following conditions:  The carport will need to be located no closer than 5 feet from the side property line or a 1-hour wall will need to be constructed. (From the support posts with a max 2 foot overhang). AYE: Chair Dennis, Members Erickson, and Johanson. NAY: None ABSTAIN: None ABSENT: Board Member Martin APPROVED 3-0 Discussion regarding security at City Hall Beth Escobar noted the interruption at the back door of Council Chambers during a Planning & Zoning meeting. Ms. Escobar explained that staff has received training for active shooter incidents. Although the Board Members have not received such training through the City, staff will receive phone alerts if there is an emergency. Ms. Escobar explained emergency/evacuation procedures to the Commissioners. 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: Beth Escobar stated that she would like to discuss possible changes to the UDC at the next meeting. Chair Dennis said he would like to be informed by email of any changes that need to be considered rather than at an ARB meeting. Mr. Dennis said he is interested in understanding the reasoning for some of the UDC rules. Ms. Escobar said she would send out emails to all of the Board members. Adjournment: The October 3, 2019 meeting of the Administrative Review Board was adjourned at 6:23 p.m. _________________________________ ________________________________ James Dennis - Chair Karen Walker - Administrative Assistant