Administrative Review Board

A G E N D A Administrative Review Board City Council Chambers 800 Municipal Drive, Farmington, NM May 5, 2022 - 6:00 p.m. 1. Call Meeting to Order 2. Approval of the Agenda 3. Approval of Meeting Minutes from April 7, 2022 4. Petition No. ARB 22-22 – A request for a variance of 15 feet to allow for a rear setback of 15 feet for one 15’ x 15’-6” new addition and the restoration of one 8’ x 10’ existing addition at rear of the existing building. Located at 1601 N. Dustin Ave. 5. Petition No. ARB 22-27 – A request from Darren White for a variance to the 300-foot distance requirement from a religious institution, a school and two adjacent Cannabis Retail Facilities for a Cannabis Retail Facility. Located at 3024 E. Main St. 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.  Minutes Administrative Review Board April 7, 2022 The Administrative Review Board met in regular session on Thursday, April 7, 2022 at 6:00 p.m. in the Executive Conference Room, 800 Municipal Drive, Farmington, New Mexico. Members Present: Chair James Dennis Vice Chair Brian Erickson Shorty Rogers Members Absent: Carl Winters Staff Present: Beth Escobar Mike Safrany Tami Spencer Others Addressing the Board: Jason Little James Smith Ernie Jaquez Trenton Keeling 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 Vice Chair Erickson made a motion to approve the Agenda, Chair Dennis seconded the motion. The motion passed unanimously by a vote of 3-0. Approval of the Minutes from the March 3, 2022 Regular Meetings Vice Chair Erickson made a motion to approve the minutes of the March 3, 2022 regular meeting. Chair Dennis seconded the motion. The motion passed unanimously by a vote of 3-0. Swearing in of Witnesses Tami Spencer, Administrative Assistant swore in all parties that wished to speak. ____________________________________________________________________________ Petition ARB 22-13 – 7101 E. Main St. Mike Safrany, Senior Planner presented the following: 1 Variance Request • The petitioner is Jason Little, potential tenant • Location: 7101 E Main St. • Request: Waiver of the 300-foot distance requirement from a retail cannabis establishment to a religious establishment. Applicable Code • City of Farmington Unified Development Code Section 2.4.41 Recreational cannabis sales: Retailers of recreational cannabis shall be licensed by the New Mexico Cannabis Control Division. Retail sales are permitted in the CB: Central Business, GC: General Commercial and I: Industrial Zoning Districts only. Such uses shall not be permitted within 300 feet of any school (public and private), religious institution, registered daycare center or from another dispensary. Distance is measured by a straight line from the closest property line of the retail business to the closest property line of a religious institution, school, registered daycare or dispensary. (NMSA Chapter 60-6b-10) Aerial View 2  Zoning Map Staff Analysis 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 physical buildings are approximately 725 ft. away from each other with the old Aztec Hwy and natural landscape separating the two buildings. Despite the actual distance, The property lines are considered within 300 feet from each other. This criterion IS met. 3 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. A literal interpretation of the code would prohibit a retail cannabis facility from being located at 7101 E Main St. despite the site being properly zoned General Commercial. 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. Considering the realities of the distances, plus the right-of-way provided by the old Aztec Highway and the location of the religious institution being over 725 feet from the subject property, this request is a minimum easing of the Unified Development Code and would allow the property owner to have a retail cannabis sales store on the subject property. 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 proposed variance is not injurious to the neighborhood. The location is on a commercial corridor along with other commercial businesses. This criterion IS met. 5. That the proposed variance will not permit a use not otherwise allowed in the underlying district. Granting of this variance would not permit a use not otherwise allowed in the GC: General Commercial Zoning 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. The applicant would be prevented from opening a retail cannabis facility at the location of the subject property. 4  This criterion IS met. Public Notice • Letters were sent to 8 surrounding property owners. At the time of this report, no public input has been received. Name Address Cave Jack and Lee O PO Box 79 Flora Vista, NM 87415 Jaquez Ernie R and PO Box 610 Flora Vista, NM Rosemarie 87415 Nexstar1 LLC, Clifton 4300 E Main St. Farmington, NM Horace 87402 Smith James and Jolene 7075 Old Aztec Farmington, NM Highway 87402 Toy Barn LLC 3906 N Buena Vista Farmington, NM Ave. 87401 Rosenbaum Development PO Box 2308 Farmington, NM LLC 87499 Montoya Anthony and 1611 NM 170 La Plata, NM 87401 Linda Cavalry Chapel 6925 E. Main St. Farmington, NM 87402 Staff Recommendation The Community Works Department recommends approval of Petition ARB 22-05 from Matthew Kopelman for a variance from Section 2.4.41 of the City of Farmington Unified Development Code to allow for a waiver of the 300-foot distance requirement from a retail cannabis facility to a religious institution, a school and an adjacent retail cannabis facility. Discussion Chair Dennis asked Senior Planner Safrany if the previous business was a gas station/convenience store, and if they sold alcohol. Senior Planner Safrany replied yes, and that they did sell alcohol. Jason Little, 437 Road 2900, Aztec, NM. Planning Manager Escobar informed the Board that there are no conditions of approval for this request so there is no obligation for Mr. Little to do anything other than get his business license. 5 Chair Dennis asked Mr. Little if he had already appeared in front of the City Council for the SUP on this property. Mr. Little confirmed he had appeared in front of the City Council, and they had unanimously approved the Special Use Permit for an integrated cannabis facility, which would be a full service facility. Mr. Little also added they own the property behind the convenience store, and in the future, they may use that property to cultivate marijuana. Mr. Little also stated they would be reopening the gas station/convenience store with the cannabis portion operating where the liquor store had been, they have also been maintaining the fuel tanks for about 7 years. They may possibly have a lab behind the store portion of the building. James Smith, 7075 Old Aztec Hwy, Farmington, stated he lives between Calvary Chapel and the location of the proposed retail cannabis facility. He also added he had been using marijuana edibles for his back and shoulder pain for many years. Mr. Smith wanted to show his support for this SUP. Ernie Jaquez, 334 Rd 3000, Aztec, informed the board his business, The Wood Shed, is located at 7145 E. Main St. He stated when the Circle S was open; there was a large amount of crime in the area. He also stated people would buy liquor at Circle S, then go, and camp in the trees below the property. There were numerous break-ins in the area. He is worried when the retail cannabis facility opens that the crime will start back up. Mr. Jacquez wanted to state his opposition to this facility. Mr. Little let Mr. Jacquez know he has had a medical cannabis facility in San Juan County for over 13 years; he wrote a good neighbor policy for his location on Browning Pkwy. He also maintains clean properties. Mr. Little also stated he has great relationships with the San Juan County Sheriff’s Office and the City of Farmington Police Department. Mr. Little wanted to assure Mr. Jacquez he would not allow any loitering or consumption on the property. Chair Dennis pointed out in the comments from the staff report, there is nothing stated regarding any safety comments regarding this SUP. Planning Manager Escobar stated the Farmington Police Department is not one of our established review agencies, so there would not be any comments from them. However, the Fire Department participates in the reviews of all our applications. Ms. Escobar also informed the Board the City of Farmington Police Department is forming a Cannabis Taskforce, because this regulation is new to our community, they will have specific officers trained to address any issues that come up. This taskforce will funnel these issues to Planning & Zoning if we need to change the process. Chair Dennis wanted to reiterate that this was brought in front of the City Council. Planning Manager Escobar replied that it had. Chair Dennis also stated the ARB had approved other cannabis facilities with similar property line issues, where the property lines were within 300 feet of religious institutions, but the actual buildings were beyond that 300 feet. Chair Dennis closed the public input portion of the meeting. With no other questions from the Board, Chair Dennis called for a motion. 6  Motion Vice Chair Erickson made a motion to approve petition ARB 22-13 as recommended by staff. Board Member Rogers seconded the motion. The motion passed unanimously 3-0. AYE: Chair Dennis, Vice Chair Erickson, and Board Member Rogers NAY: None ABSTAIN: None ABSENT: Board Member Winters APPROVED 3-0 Petition ARB 22-16 – 8655 Foothills Dr. Mike Safrany, Senior Planner presented the following: 8655 Foothills Drive ARB 22-16 RE-2, Residential District Zoning: RE-2, Residential District Property Size: 3.95 Acres Request:  Applicant wishes to subdivide the property through the summary plat process and create an additional lot.  To allow for proposed southern lot (with existing residence) to be 1.95 acres; and  Proposed northern lot to be 2.0 acres. Background  On March 3, 2022 the applicant submitted a Variance application for a lot split. One 2 acre lot and one 1.95 acre lot.  The proposed lot split does not meet the minimum lot size requirement of two (2) acres in the RE-2 District.  The property was purchased prior to the RE-2 zoning requiring a 2-acre minimum being in place.  The properties in the surrounding area are: * primarily residential * meet the minimum lot area for the RE-2 District. Proposed Lots 7 Square footage difference • The northern lot will be 2 acres and will meet the minimum required size requirement • The southern lot will be 1.95 acres; approximately 2,178 sf or 5% less than the minimum required size. Recommendation The Community Works Department recommends approval of Petition ARB 22-16, a request from Charles Bisland for a variance to allow the minimum lot area of the southern lot to be less than 2 acres in the RE-2, Residential District.  More specifically the northern lot will be 2.0 acres and the southern lot will be 1.95 acres. For property located at 8655 Foothills Drive 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 subject property was assessed and sold to the applicant as a 3.95 acre parcel. Due to the minimum lot area requirement of 2 acres, the lot cannot be divided for further development of the property. The RE-2 zoning requiring a 2-acre minimum was not in place at the time of the purchase of the property. The existing circumstances are unique and were not created by the applicant. 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. The literal interpretation of the provisions of the UDC would deprive the applicant of the rights commonly enjoyed by other property owners in the surrounding area. The square footage difference for the proposed south end lot would be less than 5% of the minimum required size. Building permits cannot be approved and/or issued for the development of the subject property, improvements as well as future real estate transactions could become challenging. 8  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. The requested variance is a minimum easing of the code. The proposed lot size for the south end lot is approximately 5% less than the minimum required size. The proposed lots would be in compliance with the zoning requirements (setbacks). The applicant is proposing to use the property in a reasonable manner, to build a single-family dwelling, and would not result in disorderly development. The request is reasonable and in keeping with the spirit and intent of the Code and the City’s Comprehensive Plan. 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 applicant has demonstrated that the requested variance is in harmony with the general interest, purpose and intent of the UDC. The requested variance will not be injurious to the surrounding neighborhood or otherwise detrimental to the public welfare. 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 that is not otherwise allowed in the RE-2 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. The applicant would suffer an unnecessary hardship if the variance were denied. The intent of the minimum lot area regulation is to support appropriate density and development in residential districts. The strict adherence to the code would restrict the reasonable use of the land and/or potential improvements to the property. The request is to legitimize the size of the lots through a variance in order to make the proposed lots 9  buildable lots and to obtain building permits for the subject property. The strict adherence to UDC 2.8. Density and Dimensional Standards would not allow for building permits to be approved and/or issued for the development of the subject property. This criterion IS met. CONCLUSION The Community Development Department concludes that approval of ARB 22-16, is appropriate. The request is a minimum easing of the code, is in harmony with the neighborhood, and will not be injurious to the neighbors. 10  RECOMMENDATION The Community Development Department recommends approval of Petition ARB 22-16, a request from Charles Bisland for a variance to allow the minimum lot area for the south end Lot to be less than 2 acres in the RE-2, Residential District for property located at 8655 Foothills Drive. The easement running east and west along Colibri Pl. and the easement running north and south along Foothills Drive, as reflected on the legal description for the property, shall be dedicated to the City during the Plat process. REVIEWING AGENCIES COMMENTS Engineering Staff - Toni Sitta: 599-1399 and tsitta@fmtn.org No comment in regards to size of the property. The remaining section of Foothills (total 60 foot width) and Colibri (total 50 foot width) will be required to be dedicated as part of the plat process. Electrical Engineering Staff – Roberto Ga: 599-8314 and robertoga@fmtn.org Note that there is an overhead electrical line on the east side of the property running along south to north of Foothills Drive. City Attorney – Jennifer Breakell: 599-1285 and jbreakall@fmtn.org The City Attorney determined in an email correspondence that this application was not eligible for application of the ten percent Administrative Adjustment. INPUT FROM NEIGHBORS: Letters were sent out to eight property owners within 100 feet. NOTIFICATION LETTERS NAME ADDRESS CITYSTATEZIP 5441 Colibri LLC 1515 E 20th St Ste D FARMINGTON, NM 87401 Catherine Treinen Baker 6010 Laurie St FARMINGTON, NM 87401 Ryan and Brandy Brown 6001 Wildwood St FARMINGTON, NM 87402 Trenton and Robin Keeling 8668 Foothills Dr. FARMINGTON, NM 87402 Kinsey Trail LLC 8450 Hood Mesa Trail FARMINGTON, NM 87401 Otteson Van Horn Family Trust 8680 Foothills Dr. FARMINGTON, NM 87402 Billy and Lynn Ortiz Randall 5400 Colibri Pl. FARMINGTON, NM 87402 Marquel Alyce Ryan 8560 Foothills Dr. FARMINGTON, NM 87402 No comments have been received from the neighbors at the time of this report. 11 Discussion Chair Dennis questioned the Deputy City Attorney’s comment that this was not eligible for the 10% administrative adjustment. Planning Manager Escobar explained the administrative adjustment is for property issues, not land issues. Chair Dennis also noted the plat showed some other ARB actions, he asked if there was anything similar. Ms. Escobar answered yes there is an existing ARB approval from 2018 on the properties to the south for the same type of issue. Trenton Keeling, 8668 Foothills Dr. Farmington, wanted to speak in regards to the adjustment of the property size requirements. When the city repaved Foothills Dr., and they made the Kinsey Bike Trail, it decreased Mr. Bisland’s property size. Mr. Keeling wanted to speak in favor of this approval for this lot split. He also felt anything Mr. Bisland built would only would improve his property value. Chair Dennis closed the public input portion of the meeting Vice Chair Erickson asked Planning Manager Escobar if the lot size is reduced, could that have bearing on future real estate transactions, is that because the lot size is under the two-acre minimum and they would have a hard time getting a loan. Ms. Escobar stated that is correct and without the variance approval, it would be considered unbuildable lot. Chair Dennis interjected this is a minimal easing of the lot size requirement and he feels it will not be detrimental to the area. Chair Dennis called for a motion. Motion Vice Chair Erickson made a motion to approve petition ARB 22-16 as recommended by staff. Board Member Rogers seconded the motion. The motion passed unanimously 3-0. AYE: Chair Dennis, Vice Chair Erickson, and Board Member Rogers NAY: None ABSTAIN: None ABSENT: Board Member Winters 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 Board Members. Business from Staff: Planning Manager Escobar announced Mike Safrany has been promoted to Senior Planner. He will remain the liaison to the ARB and assist with the Planning & Zoning 12 Commission. Ms. Escobar requested when the Board receives the packet Administrative Assistant Spencer emails out, if you could respond regarding your attendance, that would be appreciated. Adjournment: A motion was made by Vice Chair Erickson to adjourn the April 7, 2022 meeting of the Administrative Review Board; Chair Dennis seconded the motion. The meeting of April 3, 2022 was adjourned at 6:54 p.m. __________________________________ __________________________________ James Dennis Tami Spencer Chair Administrative Assistant 13  ADMINISTRATIVE REVIEW BOARD PETITION ARB 22-22 Variance to Section 2.8.1 and 2.8.3.C(1) of the City of Farmington Unified Development Code requiring a minimum thirty-foot rear setback for a structure in the LNC: Local Neighborhood Commercial District. DESCRIPTION OF PETITION Petition No. ARB 22-22 is a request for a variance to allow for a rear setback of 15 feet for a new addition to an existing building, and the restoration of an already encroaching addition. The petitioner intends to restore the building for private use. The Unified Development Code requires a 30-foot rear setback for structures in LNC zoning. LEGAL DESCRIPTION 1601 N. Dustin Ave. Otherwise located at 1601 N Dustin Ave. GENERAL INFORMATION Applicant Brian Overturf Property Owner Brian and Laura Overturf Representative N/A Location of Property 1601 N. Dustin Ave. Nature of Petition The petitioner is requesting a variance to allow for a rear setback of 15 feet for an addition to the existing structure on the west side of the property. Applicable Regulations City of Farmington Unified Development Code Section 2.8.3.C(1) states: Required yards (setbacks): (1) Measurements. Required yards refer to the unobstructed, unoccupied open area between the furthermost wall or wall edge of an allowed structure and the property line of the lot on which the structure is located. Such yards shall be unobstructed from the ground to the sky except as specified in this section. Zoning LNC – Local Neighborhood Commercial Existing Use Private Garage/Shop Surrounding Zoning/ Land Use North: LNC – Shopping Strip parking lot South: SF-A – Empty Lot East: SF-7 – Green Lawn Cemetery (SUP) West: LNC – Shopping Strip - Cleaners and Oasis Ministries Public Notice Publication of Notice of this petition appeared in the Daily Times on Wednesday, April 20, 2022. Property owners within 100 feet were sent notice by certified mail on Wednesday, 15  April 20, 2022. A sign was posted on the property on Friday, April 22, 2022. Staff Mike Safrany, Senior Planner BACKGROUND The property owner is requesting a variance to allow for a setback reduction of 15 feet from a 30-foot setback to a 15-foot setback, from the property line to a future addition to an existing structure. Structures are required to have a minimum 30-foot rear setback. Currently the existing structure already has an addition which protrudes into the setback by 8 feet. The owner would also like to restore this existing addition. Due to the existing addition and a steep slope at the rear of the building, fire trucks are currently unable to circle around the rear of the building. The property is 0.47 acres. PETITIONER’S JUSTIFICATION FOR A VARIANCE Per the petition application, the property owner intends to restore and improve the building and the neighborhood. The area consists of several businesses, residential units, Brookside Park and the Bisti-Bay Pool Complex. By cleaning up the property and restoring it to the condition and style it once had in the 1960’s, the owner will help make this property appeal to the immediate surrounding area and be an asset to the neighborhood. REVIEWING AGENCIES COMMENTS Derrick Childers, Chief Building Official: 599-1305 and dchilders@fmtn.org If the new west wall is 10 feet or closer to the west property line the wall will need to be a 1 hour wall. NOTIFICATION LETTERS NAME ADDRESS CITYSTATEZIP CBS Properties LTD 735 E Main St FARMINGTON, NM 87401 Green Lawn Cemetery 1606 N Dustin Ave. FARMINGTON, NM 87401 Larry and Sharon Lee 4120 Skyline Drive FARMINGTON, NM 87401 Dorothy Marting 7963 Caruth Ct. Dallas, TX 75225 INPUT FROM NEIGHBORS: No formal comments have been submitted at the time of this report. 16 ZONING/VICINITY MAP 17 AERIAL MAP 18 19 FRONT (EAST) ELEVATION OFF N. DUSTIN AVE. 20 REAR ELEVATION – WEST SIDE OF BUILDING 21  SLOPE AT REAR (WEST) SETBACK EXISTING ADDITION 8’ INTO REAR (WEST) SETBACK 22  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 Administrative Review Board (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 architectural design of this building offers a mid-century modern style which is both iconic and unique, and which the applicant wishes to preserve by extending the floor area to the rear of the building and leaving the front design as is. The applicant also wishes to restore the front façade as part of the remodel efforts. 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. The subject property was previously zoned C-1 for commercial use, which has been changed to Local Neighborhood Commercial. The previous zoning did not require any setback distances. Further north on Dustin Ave. and 20th St. are several businesses which are also zoned Local Neighborhood Commercial that were previously zoned C-1. These properties currently have structures that were constructed either within the setbacks or along the property line. Literal interpretation of the code would deprive the applicant rights other properties under similar conditions enjoy. 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. In staff’s opinion, this is a minimum easing of the code, specifically taking into consideration the existing building already encroaches 8 feet into the setback. This criterion IS met. 23 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. At the time of this report, staff has received no input from the neighbors. This criterion IS met. 5. That the proposed variance will not permit a use not otherwise allowed in the underlying district. Granting of this variance would not permit a use not otherwise allowed in the LNC Nonresidential 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. The applicant would be unable to use the property to its full potential if the variance requested were denied. This criterion IS met. CONCLUSION The Community Works Department concludes that approval of ARB 22-22 is a minimum easing of the code, does meet the intent of the code and is a property that has characteristics unique enough to allow for waiver of the minimum rear setback for an addition. RECOMMENDATION The Community Works Department recommends approval of Petition ARB 22-22 from Brian Overturf, property owner of 1601 N Dustin Ave, for a reduction to 15-feet of the required rear setback for an addition to the existing structure. 24  PLANNING MEMO COMMENTS SUMMARY ARB 22-22 DEADLINE: April 15, 2022 City of Farmington Departments CW Planning Manager – B. Escobar CW Addressing – Planning Division CW If the new west wall is 10 feet or closer to the west property line the wall will need to be a 1 Chief Building Official – D. Childers hour wall. CW Long Range Planner CW MPO – P. Koeppel CW Oil & Gas Inspector CITY City Manager’s Office – J. Baird No Comment ELEC Customer Care Manager – L. Richardson ELEC Electrical Engineering –Roberto Ga No Comment ELEC T&D – Field Op – L. Lugenbeel FIRE Fire Captain – K. Rix FIRE Fire Marshall – B. Vega LEGAL City Attorney – J. Breakell LEGAL Deputy City Attorney – R. Frost POLICE Code Compliance – M. Romero No Comment POLICE Sergeant – J. Jensen PRCA Parks - R. Crosby No Comment PRCA ORII – W. Unsicker CW City Engineer – I. BlueEyes CW Engineering – T. Sitta No Comment CW Streets Superintendent – C. Fuller CW Traffic Engineer – M. Hathcock No Comment CW Water/Waste Water – D. Dalton No Comment Other Entities New Mexico Gas Company – R. Castillo No Comment CenturyLink – D. Willato Enterprise Field Services – M. Waszut Comcast Cable – M. Johnson JACOBS CH2MHILL OMI Surface Land Negotiator for BP – M. Venzara Farmington School District – C. Lyons 25 26 27 28 29 30 NOTICE OF PUBLIC HEARING VARIANCE REQUEST PETITION NO. ARB 22- 22 31  ADMINISTRATIVE REVIEW BOARD PETITION ARB 22- 27 Variance to Section 2.4.41 of the City of Farmington Unified Development Code to waive the 300-foot distance requirement from a retail cannabis facility to a religious institution, a private or public school and another retail cannabis establishment. DESCRIPTION OF PETITION Property owner is asking for a variance from Section 2.4.41 of the Unified Development Code requiring a 300-foot distance from a cannabis retail facility to a religious institution, a school and an adjacent cannabis retail facility. This distance is measured property line to property line exclusive of right-of-way. LEGAL DESCRIPTION Parcel ID – R0029271 Otherwise located at 3024 E. Main St. GENERAL INFORMATION Applicant Darren White, current tenant Property Owner San Juan Associates LP Location of Property 3024 E Main Street Nature of Petition The petitioner is requesting a variance to the required distance of 300 feet for a retail cannabis sales operation to a religious institution, a school and an adjacent cannabis retail facility. Applicable Regulations City of Farmington Unified Development Code Section 2.4.41 Recreational cannabis sales: A. Retailers of recreational cannabis shall be licensed by the New Mexico Cannabis Control Division. B. Retail sales are permitted in the CB: Central Business, GC: General Commercial and I: Industrial Zoning Districts only. C. Such uses shall not be permitted within 300 feet of any school (public and private), religious institution, registered daycare center from another dispensary. Distance is measured by a straight line from the closest property line of the retail business to the closest property line of a religious institution, school, registered daycare or dispensary. (NMSA Chapter 60-6b-10) Zoning GC: General Commercial Existing Use Existing 4,000 sf commercial building (multi-tenant) Surrounding Zoning/ Land Use North: GC: General Commercial – Hobby Lobby, Entertain-Mart, Large Commercial Mall South: GC: General Commercial – Fiesta Mexicana, Dunkin’ Donuts, Guild Mortgage East: GC: General Commercial – Long John Silver’s, Small Commercial Mall West: GC: General Commercial – Staples, Dollar General, Shamrock, ACE Hardware 32  ARB 22-27 Petition Report 3024 E 20th Street Public Notice Publication of Notice of this petition appeared in the Daily Times on Wednesday, April 20, 2022. Property owners within 100 feet were sent notice by certified mail on Wednesday, April 20, 2022. A sign was posted on Friday, April 22. Staff Beth Escobar, Planning Manager BACKGROUND The business owner of PurLife, a current medical marijuana provider, wishes to convert to retail cannabis sales and is requesting a variance to the 300-foot distance requirement for a retail cannabis facility from a religious institution, a school and two adjacent cannabis retail facilities. The cannabis ordinance, No. 2021-1329, requires this 300-foot distance. The distance requirement is based on the current liquor license regulations for New Mexico. Measurement is property line to property line exclusive of right-of way. The Cornerstone Apostolic Church is approximately 225 feet across the parking lot from PurLife’s location. There is a permitted cannabis sales facility in the same shopping center and across 20th Street in the Hobby Lobby shopping center. There is also an adult trade school in the Hobby Lobby Shopping Center. Disregarding the right-of-way of 20th Street, the properties are adjacent. 33  ARB 22-27 Petition Report 3024 E 20th Street ZONING MAP Aerial View PROPOSED RETAIL LOCATION 34  ARB 22-27 Petition Report 3024 E 20th Street AERIAL VIEW 35  ARB 22-27 Petition Report 3024 E 20th Street PETITIONER’S JUSTIFICATION FOR A VARIANCE PurLife has operated as a medical marijuana dispensary at 3024 E 20th Street since 2019. PurLife has operated for nearly three years without incident, has been respectful to neighbors and currently employs 12 staff members from Farmington and the surrounding areas. The same existing building that medical cannabis sales have been conducted is requested to be used for both medical and recreational sales. REVIEWING AGENCIES COMMENTS No comments were submitted on this petition. INPUT FROM NEIGHBORS: Letters were sent out to ten property owners within 100 feet. At the time of this report no comments have been submitted. 36  ARB 22-27 Petition Report 3024 E 20th Street STAFF 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 Administrative Review Board (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 PurLife location is in the southwest corner of a 12.31 acre parcel. The actual building to building distances are: Religious Institution: Approx. 225 Ft. – across the parking lot Private School: Approx. 1,480 Ft. – in the Hobby Lobby Shopping Center Cannabis Retail to North: Approx. 1,227 Ft. – in the Hobby Lobby Shopping Center Cannabis Retail to East: Approx. 884 Ft. – in the San Juan Plaza Shopping Center 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. A literal interpretation of the code would prohibit a retail cannabis facility from being located at 3024 E Main St. despite the surrounding area being zoned General Commercial. 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. PurLife has operated at this location for almost three years without any issues. Considering the realities of the distances, this request is a minimum easing of the Unified Development Code and would allow the property owner to have a retail cannabis sales store on the subject property. This criterion IS met. 37  ARB 22-27 Petition Report 3024 E 20th Street 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 proposed variance is not injurious to the neighborhood. The location is surrounded by commercial businesses and is on one of Farmington’s main commercial corridors. This criterion IS met. 5. That the proposed variance will not permit a use not otherwise allowed in the underlying district. Granting of this variance would not permit a use not otherwise allowed in the GC: General Commercial Zoning 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. The applicant would be prevented from opening a retail cannabis facility at the location of the subject property. The property owner would lose a potential tenant. This criterion IS met. CONCLUSION The Community Works Department concludes that approval of ARB 22- 27 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 waiver of the 300-foot distance requirement. RECOMMENDATION The Community Works Department recommends approval of Petition ARB 22-27 from Darren White for a variance from Section 2.4.41 of the City of Farmington Unified Development Code to allow for a waiver of the 300-foot distance requirement from a retail cannabis facility to a religious institution, a school and two adjacent retail cannabis facilities. 38  ARB 22-27 Petition Report 3024 E 20th Street 39  ARB 22-27 Petition Report 3024 E 20th Street 40  ARB 22-27 Petition Report 3024 E 20th Street 41  ARB 22-27 Petition Report 3024 E 20th Street PLANNING MEMO COMMENTS SUMMARY ARB 22-27 DEADLINE: April 15, 2022 City of Farmington Departments CW Planning Manager – B. Escobar CW Addressing – Planning Division CW Chief Building Official – D. Childers No Comment CW Long Range Planner CW MPO – P. Koeppel CW Oil & Gas Inspector CITY City Manager’s Office – J. Baird No Comment ELEC Customer Care Manager – L. Richardson ELEC Electrical Engineering –Roberto Ga No Comment ELEC T&D – Field Op – L. Lugenbeel FIRE Fire Captain – K. Rix FIRE Fire Marshall – B. Vega LEGAL City Attorney – J. Breakell LEGAL Deputy City Attorney – R. Frost POLICE Code Compliance – M. Romero No Comment POLICE Sergeant – J. Jensen PRCA Parks - R. Crosby No Comment PRCA ORII – W. Unsicker CW City Engineer – I. BlueEyes CW Engineering – T. Sitta No Comment CW Streets Superintendent – C. Fuller CW Traffic Engineer – M. Hathcock No Comment CW Water/Waste Water – D. Dalton No Comment Other Entities New Mexico Gas Company – R. Castillo No Comment CenturyLink/Lumens – D. Willato No Comment Enterprise Field Services – M. Waszut Comcast Cable – M. Johnson JACOBS CH2MHILL OMI Surface Land Negotiator for BP – M. Venzara Farmington School District – C. Lyons 42  ARB 22-27 Petition Report 3024 E 20th Street NOTIFICATION LETTERS NAME1 ADDRESS CITYSTATEZIP AMERCO REAL ESTATE COMPANY 2727 N CENTRAL AVE PHOENIX, AZ 85004 AMERCO REAL ESTATE COMPANY 2727 N CENTRAL AVE PHOENIX, AZ 85004 CITIZENS BANKSHARES INC ATTN LINDA FARMINGTON, NM 87499- LYNCH PO BOX 4140 4140 CRUZ CESAR ALONSO AND ELVIRA 601 POPLAR ST FARMINGTON, NM 87401 LEE JAMES M AND FARRELYN E TRUST 368 ROAD 5500 BLOOMFIELD, NM 87413 2325 SAN PEDRO NE STE SAN JUAN ASSOCIATES LP 2A ALBUQUERQUE, NM 87110 VENDETTI DEBORAH 714 N ALLEN AVE FARMINGTON, NM 87401 WERITO GENEVIEVE 2928 E 19TH ST FARMINGTON, NM 87401 CLAYTON RICHARD AND LAVEAN 2102 N LEE AVE FARMINGTON, NM 87402 2325 SAN PEDRO NE STE PETERSON PROPERTIES AND ASSOC 2A ALBUQUERQUE, NM 87110 AMERCO REAL ESTATE COMPANY 2727 N CENTRAL AVE PHOENIX, AZ 85004 43