Administrative Review Board

A G E N D A Administrative Review Board City Council Chambers 800 Municipal Drive, Farmington, NM January 9, 2020 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 December 5, 2019 Meeting 15 4 Petition No. ARB 19-95– a request from Kirby Mortenson, owner of property 1 located at 5109 Hallmarc Drive in Farmington, represented by Dennis Ivie, requesting a variance Section 2.5.8.A.(3) of the Unified Development Code prohibiting a separate utility meter for a guest house. (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.  MINUTES ADMINISTRATIVE REVIEW BOARD December 5, 2019 – 6:00 P.M. The Administrative Review Board met in regular session on Thursday, December 5, 2019 at 6:00 p.m. in the City Council Chamber, 800 Municipal Drive, Farmington, New Mexico. Members present Chair-James Dennis Vice Chair-Paul Martin Brian Erickson Jeff Johanson Members absent: None Staff present: Francisco Alvarado Beth Escobar Karen Walker Others addressing the Board: Cody Waldroup 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 Martin and seconded by Board Member Erickson to approve the agenda. The motion passed unanimously by a vote of 4-0. Approval of the Minutes from the November 7, 2019 Regular Meetings Board Member Erickson made a motion to approve the minutes of the November 7, 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 19-92 Variance to allow a separate meter for a future guesthouse 6250 Kokopelli Trail Discussion of ARB No. 19-92 on December 5, 2019 Associate Planner Francisco Alvarado presented the staff report for ARB 19-92, a request from Cody Waldroup for a variance to allow a separate power meter to provide electric service to a future guesthouse for property in the RE-1, Residential Estate District located at 6250 Kokopelli Trail. The property consists of 2.5 acres with a 2-story house and a detached carport. A building permit for the detached guesthouse was approved on September 20, 2019. Construction is underway. Pursuant to UDC, Unified Development Code, Section 2.5.8, one detached guesthouse may be allowed as an accessory use to a single-family dwelling in the RE-1 district, with shared utilities. Separate utility meters shall not be allowed. The petitioner has stated that an electrical contractor did not recommend sharing utilities with the main house because the principal structure already consumes all of the available power supply. The power box in the northeast corner of the property is too far from the guesthouse and would require a great deal of digging through sandstone. The petitioner has discussed with Farmington Electric Utility Service (FEUS) about using a separate meter to access an existing power pole. This power pole is located near the property entrance, about 100 feet from the proposed guesthouse. The petitioner has agreed to cover upgrading expenses for a taller pole that would eliminate low-hanging power lines into the property and a separate meter if he were allowed to access this power pole for a second meter. The geological conditions in this area are classified as FA, Farb-Persayo-Rock, which is found in only 15% of the Farmington area, said Mr. Alvarado. This type of soil limits excavations to only shallow excavations. FEUS requires a minimum depth of 18 inches for the installation of underground conductors, and running wires from the existing power box around the property to the proposed guesthouse would require excavating a length of approximately 365 feet, of which 310 feet would be on FA soil. Petition ARB 19-92 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 separate meter. The Community Works Department recommends approval of Petition ARB 19-92 from Cody Waldroup for a variance to allow a separate electric meter for a detached guesthouse, subject to the following condition: • The applicant shall work with the Electric Utility to install a new, taller power pole in place of the existing power pole by the property entrance. Applicable costs will be covered by the applicant, which he has already agreed to, according to the application. Chair Dennis asked for clarification as to why a second meter was not allowed per the UDC. Mr. Alvarado said not allowing a second meter was an attempt to prevent owners from selling or renting guesthouses. Cody Waldroup, 6250 Kokopelli Trail, said he is building the guesthouse for his mother in order to take care of her. He stated that he does not intend to rent the guesthouse. Mr. Waldroup said that trenching from the back of the property can be done, but it would be very expensive. There would also be an issue of loss of power due to the distance. Administrative Review Board Action of December 5, 2019 A motion was made by Board Member Martin and seconded by Board Member Erickson to approve Petition No. ARB 19-92, a request Cody Waldroup for a variance to allow a separate power meter to provide electric service to a future guesthouse for property in the RE-1, Residential Estate District located at 6250 Kokopelli Trail subject to the following condition: • The applicant shall work with the Electric Utility to install a new, taller power pole in place of the existing power pole by the property entrance. Applicable costs will be covered by the applicant, which he has already agreed to, according to the application. AYE: Chair Dennis, Members Erickson, Johanson, and Martin. NAY: None ABSTAIN: None ABSENT: None APPROVED 4-0 Discussion on the Food Truck Ordinance in City Limits Planning Manager Beth Escobar said the mobile food unit ordinance is part of the municipal code and was adopted in 2017. A person interested in selling from a food truck must obtain a Special Event permit from the City Clerk and must have a business license. Ms. Escobar said the City views food trucks as an opportunity for employment for families and small business owners. It is advantageous for the City to support these types of businesses. Chair Dennis stated that he did not feel comfortable having food trucks allowed in every sector of the city. He said he would prefer a separate area where they could set up their trucks. Mr. Dennis said he is not concerned about the aesthetics of food trucks. His concerns involve regulations and appropriate zoning areas. Ms. Escobar said the City is in the process of a Comprehensive Plan update, as well as an update to the UDC. She expressed an interest in receiving feedback or participation from the ARB members regarding those updates. 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 announced that Elizabeth Sandoval would be taking over as the new Administrative Assistant for Planning. Ms. Escobar said there would be a TED talk event on January 30, 2019 from 5:30-8:00 p.m. at the Civic Center to discuss broadband, senior living facilities, and outdoor recreation. Adjournment: The December 5, 2019 meeting of the Administrative Review Board was adjourned at 6:43 p.m. _________________________________ ________________________________ James Dennis - Chair Karen Walker - Administrative Assistant