Administrative Review Board

A G E N D A Administrative Review Board City Council Chambers 800 Municipal Drive, Farmington, NM July 7, 2022 - 6:00 p.m. 1. Call Meeting to Order 2. Approval of the Agenda 3. Approval of Meeting Minutes from May 5, 2022 4. Open Meetings Resolution - 2022 5. Petition No. ARB 22-45 – a request from David Sypher, property owner, for a variance to the 3-foot height maximum for a solid wood panel fence in the front setback. Located at 606 Glade Rd. 6. Petition No. ARB 22-49 – a request from Christopher Schramm for a variance to the ordinance allowing recreational cannabis sales business hours from 8:00 am until 8:00 pm to allow the business to stay open to 10:00 pm. Located at 4601 English Rd. This item has been withdrawn. 7. Petition No. ARB 22-50 – a request for a variance to Section 5.8.7.A (1) and Section 5.8.5 Sign Table, to allow for a free-standing programmable digital, 96 square foot sign, 12 feet in height, in a single family residential zoned area. Located at 4200 College Blvd. 8. Business from: Floor: Chairman: Members: Staff: 9. 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 May 5, 2022 The Administrative Review Board met in regular session on Thursday, May 5, 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 Carl Winters - Telephonically Members Absent: Shorty Rogers Staff Present: Beth Escobar Tami Spencer Others Addressing the Board: Brian Overturf Darren “Indy” White Jack Fortner Call to Order The meeting was called to order at 6:02 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 April 7, 2022 Regular Meetings Vice Chair Erickson made a motion to approve the minutes of the April 7, 2022 regular meeting. Board Member Winters 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 22-22 – 1601 N. Dustin Ave. Planning Manager Beth Escobar presented the following: 1 Variance Request • Petitioner is Brian Overturf, property owner • Request is for a variance to the 15-foot minimum rear setback requirement • Zoning is LNC: Local Neighborhood Commercial • Parcel is 0.47 acres Applicable Code • City of Farmington Unified Development Section 2.8.1 Vicinity/Zoning Map 2 Aerial Map of Subject Property Sketch of Proposed Addition 3 Front Elevation of 1601 N Dustin Ave. View at Rear (West) Setback 4  Criteria 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. 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. 5 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. Public Input Notices were sent to four property owners within 100 feet of the subject property Recommendation The Community Works Department recommends approval of Petition ARB 22-22 from Brian Overturf at 1601 N Dustin Ave, for a reduction to 15-feet of the required rear setback for an addition to the existing structure. Discussion Chair Dennis asked Planning Manager Escobar if the Howards Cleaners building, which is directly behind the 1601 N. Dustin Ave., is sitting on the property line. Planning Manager Escobar confirmed Senior Planner Mike Safrany inspected the Howards Cleaners property, and the building is on the property line. Vice Chair Erickson asked Planning Manager Escobar if there was any comment from the Fire Department. She stated the Fire Department replied they could not get their vehicles behind this building because there is not room between the retaining wall and the back of the building, so they would not use that as an access. There is plenty room for emergency access on the other three sides though. 6  Vice Chair Erickson, asked if Howards Cleaners is at a lower grade. Brian Overturf, 4120 Skyline Dr., Farmington stated yes it is. Chair Dennis asked Mr. Overturf what he would be doing at this location Mr. Overturf stated he would be using it for a hobby shop and a place to work on his vehicles. Mr. Overturf stated the building was originally a Philips 66 Gas Station, and he planned to paint it back to the original colors. Chair Dennis closed the public comment portion of for this petition, and asked for any discussion from the board members. With no further discussion needed, he called for motion. Motion Vice Chair Erickson made a motion to approve petition ARB 22-22 as recommended by staff. Board Member Winters seconded the motion. The motion passed unanimously 3-0. AYE: Chair Dennis, Vice Chair Erickson, and Board Member Winters NAY: None ABSTAIN: None ABSENT: Board Member Rogers APPROVED 3-0 Petition ARB 22-27 – 3024 E. Main St. Planning Manager Beth Escobar presented the following: Variance Request • The petitioner is Darren White, current tenant • Location: 3024 E Main St. • Request: Waiver of the 300-foot distance requirement of a retail cannabis establishment to a religious institution, a private or public school, and two retail cannabis facilities. 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. 7 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 Map Aerial View 8  View to North 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 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 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. 9  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. 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. Public Notice 10  Staff 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. Discussion Vice Chair Erickson stated, he appreciated Planning Manager Escobar reaching out to the church. He knows that sometimes property owners do not discuss these issues with their tenants. Planning Manager Escobar stated it was a courtesy call, she did not get to speak with anyone, but she left a detailed message, and the property is posted. She also stated you could see the posting from the church. Darren White, 601 Valencia Dr. NE, Albuquerque, NM, 87108, addressed the board and thanked Planning Manager Escobar for her hard work on the presentation. Mr. White wanted to add PurLife is currently a medical cannabis dispensary; they opened in June of 2019. They pre-exist the church, school and other cannabis facilities within the 300 feet. He also stated they currently have 13 employees, they have staffed up in anticipation of the adult retail cannabis sales. Mr. White added they have also acquired the front part of the building, and have entered into a five-year lease. They have been inspected multiple times by the State and the Department of Health and have never received any demerits, citations or fines. Chair Dennis asked Mr. White where the entrance to the facility is. Mr. White replied it is the door facing east. Which is the current entrance. Chair Dennis closed the public comment portion of for this petition, and asked for any discussion from the board members. Chair Dennis and Vice Chair Erickson agreed it is similar to the other variance requests they have already heard. Board Member Winters was concerned about the distance from the cannabis facility to the church. He also stated how small would the distance have to be before the ARB would deny the variance. Vice Chair Erickson added the fact is the cannabis facility was in business before the church moved in. The church moved in knowing there was a cannabis facility in operation across the parking lot. Chair Dennis understands what Board Member Winters is saying about the 300 foot distance. Board Member Winters asked Planning Manager Escobar when she contacted the church. Planning Manager Escobar stated it was April 27th, and she left a detailed message as to what was going on. She also stated she did not get a response from the church. Vice Chair Erickson reiterated, they have already been selling cannabis from this location, if the board denied the variance; they will still be selling medical marijuana. He also said he understand the setback but this is a special circumstance. Board Member Winters brought up the point the volume would increase and there would be different clientele. 11 Jack Fortner, 4110 Old Mission Rd, Farmington, NM, 87402, agreed with the statement made by Vice Chair Erickson. Mr. Fortner added the 300 foot. distance was to alert the neighbors, no one objected, and medical marijuana business was already there when the church moved in. He feels with under those two circumstances it would be reasonable to grant the variance. With no more discussion needed Chair Dennis call for a motion. Motion Vice Chair Erickson made a motion to approve petition ARB 22-27 as recommended by staff. Chair Dennis seconded the motion. The motion passed unanimously 3-0. AYE: Chair Dennis, Vice Chair Erickson, and Board Member Winters NAY: None ABSTAIN: None ABSENT: Board Member Rogers 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 stated Senior Planner Mike Safrany had attended the American Planning Association Conference. Chair Dennis would like to hear from Mr. Safrany at a later meeting. Adjournment: A motion was made by Vice Chair Erickson to adjourn the May 5, 2022 meeting of the Administrative Review Board; Chair Dennis seconded the motion. The meeting of May 5, 2022 was adjourned at 6:41 p.m. __________________________________ __________________________________ James Dennis Tami Spencer Chair Administrative Assistant 12 13  ADMINISTRATIVE REVIEW BOARD PETITION ARB 22-45 Variance to Section 5.4.4.A (1) Fences and Walls of the City of Farmington Unified Development Code to allow for a 6-foot high solid fence in the front setback. DESCRIPTION OF PETITION Property owner is asking for a variance from Section 5.4.4.A. (1) of the Unified Development Code which limits the maximum height of a solid fence in the front yard setback to 3 feet. LEGAL DESCRIPTION BEG S0-44-0W 256 FT AND S59-6-0W81.8 FT FROM NE CORNER SE/4NW/4 OF SEC 09 29 13, THENCE S59-6-0W 46.95 FT,S48-7-0W 50.71 FT,S63-16-7W 50.17 FT, N89-44-0W 55 FT,N0-44-0E 215.44 FT, ALONG CURVE TO LEFT 72.5 FT,S54- 16-0E 142.28 FT,S0-44-0W 96.5 FT TO BEG.BK. Parcel ID – R0020331 Otherwise located at 606 Glade Road GENERAL INFORMATION Applicant David Sypher Property Owner Same Location of Property 606 Glade Road Nature of Petition The petitioner is requesting a variance to the maximum height allowance of 3 feet for a solid wood fence in the front yard setback. Applicable Regulations City of Farmington Unified Development Code Section 5.4.4.A. (1) 5.4.4 Fence and wall location and height. Fence and wall locations and heights shall be as follows unless otherwise specified in this UDC: A. Residential districts. (1) Fences and walls located in required front yards (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, however that properties approved for horses in the RA, RE-2 and RE-1 districts may have front yard fences up to four feet in height. This provision shall not apply to open wrought iron fencing with low opacity. Zoning SF-10 Single family residential Existing Use Existing 2,586 square-foot residence constructed in 1970. Surrounding Zoning/ Land Use North: SF-10 Single family residential South: SF-10 Single family residential East: SF-10 Single family residential West: SF-10 Single family residential 14  ARB 22-45 Petition Report 606 Glade Road Public Notice Publication of Notice of this petition appeared in the Daily Times on Wednesday, June 22, 2022. Property owners within 100 feet were sent notice by certified mail on Wednesday, June 15, 2022. A sign was posted on the property on Friday, June 17, 2022. Staff Beth Escobar, Planning Manager BACKGROUND The property owner is requesting a variance to 3-foot height maximum for a solid fence in the front setback. The front yard setback for the SF-10 zoning district is 30 feet. The petitioner wishes to install a 6-foot high, solid wood fence along the property line adjacent to Glade Road to prevent trespassing from transients and animals onto his property. The fence will be setback approximately 8 feet from the back of curb along Glade Road. The subject property is 0.80 aces and located at the corner of Linden Drive and Glade Road. There is an existing 2,586 home on the property constructed in 1970. Driveway Entrance from Glade Road 15  ARB 22-45 Petition Report 606 Glade Road ZONING MAP 16  ARB 22-45 Petition Report 606 Glade Road Aerial View 17  ARB 22-45 Petition Report 606 Glade Road 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. This 0.80-acre lot has an unusual shape, with the residential structure being placed in the rear. The intersection of Linden Drive and Glade Road creates an oblique corner at the northeast property line. The elevation of the property drops off towards the east and is heavily vegetated between the street and proposed location of the fence. Glade Road This criterion IS met. 18  ARB 22-45 Petition Report 606 Glade Road 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 the petitioner from placing a 6-foot fence in the front yard setback. Because of the placement of the existing residential unit close to the rear property line, the front area of the subject property provides the space for fruit trees and a garden, uses normally allocated to the back yard. Having this area visible from the street has encouraged trespassing by people and animals. 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 neighborhood surrounding the subject property is heavily vegetated with mature pine trees and has a rural feel. A 6-six foot high solid fence along Linden and Glade Road is a request for a minimum easing of the code allowing for a reasonable use of the land. 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, especially with the visibility triangle setback required for the corner intersection at Glade and Linden. The driveway for the property to the east is approximately 200 feet from the shared property line and would not be impacted by the fence. This criterion IS met. 19  ARB 22-45 Petition Report 606 Glade Road 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 SF-10 – Single Family Residential 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 protecting his investment in his property and preventing trespassing. This criterion IS met. PETITIONER’S JUSTIFICATION FOR A VARIANCE The petitioner is requesting the 6-foot solid fence to prevent trespassing on his property which includes human transients and deer and to prevent dumping of trash. The petitioner has a large dog that would not be contained by a three-foot high fence. REVIEWING AGENCIES COMMENTS Toni Sitta, Engineering The fence will need to be placed so that the site triangle for the Glade Rd and Linden St is preserved. INPUT FROM NEIGHBORS: Letters were sent out to eight property owners within 100 feet. Staff received a phone call from an effected party at 601 Ashhurst Drive expressing concern about the visibility at the corner intersection of Linden Drive and Glade Road. Per Section 5.3.6 of the Unified Development Code, the proposed fence must be setback 20 feet from the road edge of the two intersecting streets. This will be listed as a recommended condition of approval. 20  ARB 22-45 Petition Report 606 Glade Road CONCLUSION The Community Works Department concludes that approval of ARB 22-45 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 to the 3-foot maximum height for a fence in the front yard setback. RECOMMENDATION The Community Works Department recommends approval of Petition ARB 22-45 from David Sypher for a variance from Section 2.4.41 of the City of Farmington Unified Development Code to allow for a 6-foot high solid wood fence in the front setback with the following recommended conditions: 1. A building permit shall be required. 2. The visibility triangle for vehicle traffic at the corner of Linden and Glade Roads shall be maintained. This will be verified at the time of building permit review. 21  ARB 22-45 Petition Report 606 Glade Road NOTIFICATION LETTERS NAME1 ADDRESS CITYSTATEZIP BRANNEN R SCOTT AND LISA 510 GLADE RD FARMINGTON, NM 87401 FARMINGTON, NM 87401- CREZEE W BLAIN AND CAROLE ANN 601 GLADE RD 5729 DONAHUE TRUST 1709 WINTER CT FARMINGTON, NM 87401 955 RESOURCE JAMES A KENT AND TERI JOY AVE FARMINGTON , NM 87401 LIVING WATER LLC 603 ASHURST DR FARMINGTON, NM 87401 OTERO SAMUEL L 515 GLADE RD FARMINGTON, NM 87401 SYPHER DAVID AND KRISTI 606 GLADE RD FARMINGTON, NM 87401 SYPHER JACOB AND HEATHER 1324 ST JAMES PL FARMINGTON, NM 87401 22  ARB 22-45 Petition Report 606 Glade Road PLANNING MEMO COMMENTS SUMMARY ARB 22-45 DEADLINE: June 6, 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 ELEC T&D – Field Op – L. Lugenbeel FIRE Fire Captain – K. Rix FIRE Fire Marshall – B. Vega No Comment LEGAL City Attorney – J. Breakell LEGAL Deputy City Attorney – R. Frost No Comment 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 The fence will need to be placed so Engineering – T. Sitta that the site triangle for the Glade Rd and Linden St is preserved. 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 No Comment Comcast Cable – M. Johnson JACOBS CH2MHILL OMI Surface Land Negotiator for BP – M. Venzara Farmington School District – C. Lyons 23  ARB 22-45 Petition Report 606 Glade Road 24  ARB 22-45 Petition Report 606 Glade Road 25  ADMINISTRATIVE REVIEW BOARD Petition ARB 22-49 Variance to the Unified Development Code, Sec 2.4.67 (E) regarding recreational cannabis sales business hours which are from eight in the morning till eight in the evening. DESCRIPTION OF PETITION Petition No. ARB 22-49 is a request from Christopher Schramm for a variance to the Unified Development Code, Section 2.4.67 (E), regarding recreational cannabis sales business hours which are daily from eight in the morning till eight in the evening. The owner is requesting an extension of hours of operation until 10 pm in the evening. The business is located at 4601 English Road (R4009682) in the GC, General Commercial District. The property is legally described as: ENGLISH LAND COMPANY SUBDIVISION LOT 1 BK. 1657 PG.51 Otherwise located at 4601 English Road GENERAL INFORMATION Applicant Christopher Schramm, Distinguished Dispensary Property Owner Stacy Biel Location of Property 4601 English Road (R4009682) Nature of Petition The applicant is requesting a variance to extend the hours of operation to 10 pm in the evening, Monday thru Saturday, in the GC: General Commercial District. Applicable Regulations City of Farmington Unified Development Code, Section 2.4.67 (E) states recreational cannabis sales business hours shall be daily from eight in the morning till eight in the evening. Zoning GC, General Commercial District Existing Use Recreational Cannabis Retail Sales Surrounding Zoning North: SF-7: Single Family Residential Land Use South: GC: Vacant, Walmart East: GC: Vacant, Target West: GC: Vacant, Single Family Residential Public Notice Publication of Notice of this petition appeared in the Daily Times on Sunday, June 19, 2022. Property owners within 100 feet were sent notice by certified mail on Wednesday, June 15, 2022. A sign was posted on the property on Friday, June 24, 2022. 26  ARB 22-49 Staff Report 4601 English Road Page 2 Staff Mike Safrany, Senior Planner BACKGROUND The applicant, Christopher Schramm of Distinguished Dispensary, is requesting a variance to the Unified Development Code, Section 2.4.67 (E) regarding recreational cannabis sales business hours which are daily from eight in the morning till eight in the evening. The owner is requesting an extension of hours of operation to 10 pm in the evening. City of Farmington Unified Development Code, Sec. 2.4.67 Recreational Cannabis Sales: E. Business hours shall be daily from eight in the morning until eight in the evening. 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. Not Applicable. 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 not deprive the applicant of rights commonly enjoyed by other cannabis retailers in the City of Farmington. All cannabis retailers have the same business hours from eight in the morning until eight in the evening. This criterion is NOT met. 27  ARB 22-49 Staff Report 4601 English Road Page 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 applicant is requesting an extension of business hours until 10 pm in the evening from Monday thru Saturday. This is a significant variance to Section 2.4.67 (E) and for other recreational cannabis retailers. Staff can reasonably anticipate this would create a hardship to other cannabis retailers that could also request additional extensions of business hours. This criterion is NOT 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 extended hours of operation until 10 pm in the evening will not alter the character of the neighborhood; will not be injurious to the 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. As the requested variance is in regard to business hours, the granting of this variance will not allow a use that is not otherwise allowed in the GC, General Commercial 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. 28  ARB 22-49 Staff Report 4601 English Road Page 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 were denied. The strict adherence to the code would still allow for the reasonable use of the property for retail purposes. Section 2.4.67 (E) allows for twelve hours of operation daily in the General Commercial District. This criterion is NOT met. CONCLUSION The Community Development Department concludes that the request for ARB 22-49 is not a minimum easing of the code. Although the request is in harmony with the neighborhood, and will not be injurious to the neighbors, the extended hours of operation would not be in harmony with other recreational cannabis retailers. Staff can reasonably anticipate this would create a hardship to other cannabis retailers that could also request additional extensions of business hours. It would be of benefit to the cannabis retail community and customers if City Council would revisit Ordinance 2021- 1329 for a possible extension of retail hours. RECOMMENDATION The Community Development Department recommends denial of ARB 22-49, a request from Christopher Schramm, Distinguished Dispensary for a variance to extend the hours of operation from 8 pm to 10 pm, Monday thru Saturday for recreational cannabis sales at 4601 English Road in the GC, General Commercial District. REVIEWING AGENCIES COMMENTS Deputy City Attorney – Russel Frost: 599-1124 and rfrost@fmtn.org 2.4.67 is based upon public policy. However, legal sees no legal basis to deny the variance. INPUT FROM NEIGHBORS: Letters were sent out to eight property owners within 100 feet. NOTIFICATION LETTERS Anderson Living Trust Et Al 2401 Statehood Drive Bluffdale, UT 84065 Mark and Stacy Biel 4405 Bella Vista Cir Farmington, NM 87402 English Land Company 15648 Road 250 Durango, CO 81301-8695 Harold and Daisey Johnson 4611 Arctic Circle Farmington, NM 87402 Nancy Juliana 260 Sortais Road Durango, CO 81301 Michael William Lapp 4609 Arctic Ct Farmington, NM 87402 Karl & Kimberly A Prado PO Box 447 Blanco, NM 87412 Target Attn Property Tax Dep PO Box 9456 Minneapolis, MN 55440-9456 29  ARB 22-49 Staff Report 4601 English Road Page 5 No comments have been received from the neighbors at the time of this report. PETITIONER’S JUSTIFICATION FOR A VARIANCE 30  ARB 22-49 Staff Report 4601 English Road Page 6 Zoning Map 31  ARB 22-49 Staff Report 4601 English Road Page 7 Aerial View 32  ARB 22-49 Staff Report 4601 English Road Page 8 Photos of subject property 33  ARB 22-49 Staff Report 4601 English Road Page 9 34  ARB 22-49 Staff Report 4601 English Road Page 10 35  ADMINISTRATIVE REVIEW BOARD PETITION ARB 22-50 Variance to Section 5.8.7A (1) and Section 5.8.5 Sign Table of the City of Farmington Unified Development Code to allow for a free-standing 96 square foot sign, 12 feet in height, in a single-family residential zoned area. DESCRIPTION OF PETITION Petition No. ARB 22-50 is a request from Daniel Hallum, to allow for a 96 square foot free-standing sign, 12 feet in height, in a single-family residential zoned area. The sign will include approximately 10 square feet of digital programming area and approximately 6 square feet of lettering. Approximately 80 square feet of the sign will be stucco finish on each side. LEGAL DESCRIPTION Parcel ID – R0036353 Otherwise located at 4200 College Blvd. GENERAL INFORMATION Applicant Daniel Hallum, current tenant Property Owner The Door of Farmington, Inc. Location of Property 4200 College Blvd. Nature of Petition The petitioner is requesting a variance to the sign requirements within a single-family residential zoned area. Applicable Regulations City of Farmington Unified Development Code Section 5.8.7.A (1) Principal free-standing signs. Principal freestanding signs shall be permitted, subject to the following: a. Allowable area. One square foot in sign area shall be allowed for each linear foot of street frontage up to a maximum of 200 square feet and limited as follows: (1) The MF, OP, MU and LNC districts are limited to a maximum of 50 square feet. (2) The CB, GC, PIP and I districts is limited to a maximum of 200 square feet. City of Farmington Unified Development Code Section 5.8.7.A (8) (8) Programmable signs. Programmable signs shall be permitted, subject to the following conditions: a. The image (pictures, as opposed to words) cannot change more frequently than once every three seconds, with the exception of time and temperature, which can change every second. b. Signs shall be programmed so that the lighting output temperature falls between 4,000 and 6,000 Kelvin. c. If a worded message is longer than the sign's display capability, the set of words on the sign cannot change more frequently than once every second. d. Continuous streaming signs are allowed. e. Programmable signs shall be limited to the maximum allowable square footage of the underlying zoning district. f. Programmable signs shall be oriented to the closest street to prevent light trespass on residential areas. 36  Commentary: Any sign on which the message is regularly changed more than once per minute is considered a "flashing" sign under this UDC. Per Sign Table Section 5.8.5 Zoning SF-10: Single Family Residential Existing Use Place of Worship under 4,000 square feet of sanctuary space. Surrounding Zoning/ Land Use North: SF-10: Single Family Residential – Pre-School South: OP: Office Professional – Currently Vacant East: SF-7: Single Family Residential – Currently Vacant West: RA: Rural Agriculture – Pinon Hills Golf Course Public Notice Publication of Notice of this petition appeared in the Daily Times on Sunday, June 19, 2022. Property owners within 100 feet were sent notice by certified mail on Wednesday, June 15, 2022. A sign was posted on the property on Friday, June 24, 2022. Staff Michael Safrany, Senior Planner BACKGROUND The property owner is requesting a Variance to Section 5.8.7.A(1) and Section 5.8.5 Sign Table, of the Unified Development Code (UDC) to allow for a 96 square foot free-standing sign, twelve (12) feet in height, in a single family residential zoned area. The sign will include approximately ten (10) square feet of digital programming area and approximately six (6) square feet of lettering. Approximately eighty (80) square feet of the sign will be stucco finish on each side. Free-standing signage is not allowed in Single-Family residential zoning. The UDC allows for digital programmable signs in MU: Mixed Use and MF: Multi-Family zoning to have up to 50 square feet of writing and representation, up to 10 feet in height. ZONING MAP 37 38  Aerial View Location of Wall Sign 39 40  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. Although the site is zoned single family residential, the site is located on a minor arterial street with several religious institutions, one elementary school, one middle school, San Juan College and Local Neighborhood Commercial zoning along the street. 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 both a free-standing and digital sign at the subject property while other locations on the same arterial street are zoned local neighborhood commercial and office/professional and are allowed such signage. 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. This request is a minimum easing of the Unified Development Code and would allow the property owner to have the appropriate sign visibility allowed for other businesses in the area and appropriate for a minor arterial street. This criterion IS met. 41 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 minor arterial street along with other commercial businesses, schools and religious institutions. 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 Single Family Residential 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. Not allowing the signage may negatively impact the applicant’s business. This criterion IS met. CONCLUSION The Community Works Department concludes that approval of ARB 22-50 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 free-standing sign restrictions. RECOMMENDATION The Community Works Department recommends approval of Petition ARB 22-50 from Daniel Hallum for a variance from Section 5.8.7A (1) of the City of Farmington Unified Development Code to allow for a 96 square foot free-standing sign with approximately 10 square feet of digital programming area, 12 feet in height, in a single-family residential zoned area. 42 PETITIONER’S JUSTIFICATION FOR A VARIANCE The free-standing sign restriction is preventing 4200 College Blvd. from utilizing the property in a manner consistent with other similarly zoned properties in the area. REVIEWING AGENCIES COMMENTS Chief Building Official – Derrick Childers: 599-1305 and dchilders@fmtn.org A building permit will be required for the installation of the sign. Deputy City Attorney – Russel Frost: 599-1124 and rfrost@fmtn.org Legal would advise to follow recommendations from staff. The sign is prohibited in a Single Family Zone, and the sign is larger than would be allowed if the sign was located in a Multi-Use or Multi Family Zone. INPUT FROM NEIGHBORS: Letters were sent out to five property owners within 100 feet. NOTIFICATION LETTERS English Land Co. 15648 Road 250 Durango, CO 81301-8695 SJ College Attn: Business Office 4601 College Blvd. Farmington, NM 87402-4609 Socuno Limited Partnership 4800 College Blvd. Ste. 204 Farmington, NM 87402-4708 The Door of Farmington Inc. PO Box 1912 Farmington, NM 87499 TMK Montessori Trust 6650 Chamisa Ln Farmington, NM 87402 No comments have been received from the neighbors at the time of this report. 43 44 45 46 47 48 49