Administrative Review Board

A G E N D A Administrative Review Board City Council Chambers 800 Municipal Drive, Farmington, NM November 3, 2022 - 6:00 p.m. 1. Call Meeting to Order 2. Approval of the Agenda 3. Approval of Meeting Minutes from October 6, 2022 4. Petition ARB 22-78 – a request from Greg Hale for a variance to allow for a six-foot tall vinyl fence within the required 25-foot front yard setback area, in the SF-7: Single Family Residential District for property located at 813 Santa Barbara Drive. 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 October 6, 2022 The Administrative Review Board met in regular session on Thursday, October 6, 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 Shorty Rogers Members Absent: None Staff Present: Mike Safrany Tami Spencer Others Addressing the Board: Kyle Stowell Marissa Petty Mike Smith 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 Board Member Winters made a motion to approve the Agenda; Vice Chair Erickson seconded the motion. The motion passed unanimously by a vote of 4-0. Approval of the Minutes from the July 7, 2022 Regular Meetings Vice Chair Erickson made a motion to approve the minutes of the July 7, 2022 regular meeting. Board Member Winters seconded the motion. The motion passed unanimously by a vote of 4-0. Swearing in of Witnesses Tami Spencer, Administrative Assistant swore in all parties that wished to speak. ____________________________________________________________________________ Petition ARB 22-71 – 4127 Rayos Del Sol Senior Planner Mike Safrany presented the following: 1  Variance Request  Variance request to reduce the front yard setback from 30 feet to 25 feet  Property Owner: Kyle Stowell  4127 Rayos Del Sol  Zoning: SF-10, Single-family Residential Applicable Code Request is for a variance to Section 2.8, Density and Dimensional Standards, of the Unified Development Code (UDC), which requires a 30 ft. front yard setback in a SF-10: Single Family Residential District. Aerial View 2  Street View Site Plan Variance Criteria 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 3 would outweigh the strict requirement for a positive finding of fact and determine that the variance will not be a public detriment: Staff Analysis Special Condition or Hardship: This lot size is of 1.35-acres (58,800 sf) in an SF-10: Residential District which requires a minimum lot area of 10,000 sf. However, the rear of the lot rises significantly in elevation and extensive grading and dirt work was required including the removal of difficult sandstone to develop the property. This Criterion IS met 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 not deprive the applicant of the rights commonly enjoyed by other property owners in the surrounding area. Other developed sites on the same street adhere to the 30-foot setback. This Criterion IS NOT met 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 variance request for a 25-foot front yard setback still meets the safe triangle sight distances for driveways and local/collector streets. Only a minor portion of the residence will protrude into the setback, the majority of the remaining building is well beyond the setback. This Criterion IS met 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 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 SF-10 District. This Criterion IS met 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 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 strict 4 adherence to the code would restrict the reasonable use of the land and create unnecessary and substantial costs to the applicant. This Criterion IS met Public Input Senior Planner Safrany stated he did receive one comment, earlier in the day in favor of the variance from Myron and Revis Taylor Trust. Recommendation The Community Development Department recommends approval of Petition ARB 22-71 a request from Kyle Stowell for a variance to: Reduce the front yard setback from 30 feet to 25 feet for property located at 4127 Rayos Del Sol Discussion Board Member Winters asked Senior Planner Safrany for clarification regarding the sidewalk. Senior Planner Safrany explained the sidewalk is in the public right-of-way and the property lines starts at the back of the sidewalk. Board Member Winters also wanted to know what part of the house is in violation of the front setback. Mr. Safrany stated the front entry way and part of the front wall of the house was encroaching on the setback. Chair Dennis believes the contractor measured from the back of the curb instead of the back of where the sidewalk should be. He also believes the topography on the back of the property may have played into the misplacement of the house and that the majority of the house is well setback. Chair Dennis also feels the way the garages are laid out is a positive point, and that they are well out of the front setback. 5 Board Member Winters asked Mr. Safrany when the error was identified. Mr. Safrany replied the building inspector identified it during framing. Petitioners Comments Kyle Stowell, 4127 Rayos Del Sol, Farmington NM – Mr. Stowell stated Building Inspector, Kevin Mauzy was the one who first identified the setback error. He added the way the driveways were designed there is an extra 20 foot of parking space. Mr. Stowell also reached out to his neighbors to make sure they would be all right with the variance; they were all good with it. Chair Dennis stated the road curves away from the house and is a dead end. He feels the house would not impede with the safe-sight triangle criteria for passing cars. Interested Parties Comments Marissa Petty, 4115 Rayos Del Sol, Farmington NM – Ms. Petty lives next to the petitioners house and is in full support of the variance. Board Members Discussion Vice Chair Erickson commented the greater front setbacks are intended in part to create a safe- sight distance for vehicular/pedestrian traffic. If that is the main reason for the front setback and with the way, the road curves away from the property to the north and south, the sight distance is not an issue in this case. With no further discussion, Chair Dennis called for a motion. Motion Board Member Winters made a motion to approve petition ARB 22-71 as recommended by staff. Vice Chair Erickson seconded the motion. The motion passed unanimously 4-0. AYE: Chair Dennis, Vice Chair Erickson, Board Member Winters and Board Member Rogers NAY: None ABSTAIN: None ABSENT: None APPROVED 4-0 Petition ARB 22-72 – 600 – 604 La Plata St. Senior Planner Mike Safrany presented the following: 6  Variance Request  Request to reduce the front yard setback from 20 feet to 10 feet and reduce the rear yard setback from 25 feet to 12 feet.  Property Owner: Michael Smith  600 – 604 La Plata St.  Zoning: MF-L: Multifamily Low Density Residential District Applicable Code Request is for a variance to Section 2.8, Density and Dimensional Standards, of the Unified Development Code (UDC) which requires a 20 ft. front yard setback and a 25 ft. rear setback in a MF-L: Multifamily Low Density Residential District. 1905 Plat 7 Street View (East) Street View (West) 8  Site Plan Variance Criteria 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: Staff Analysis Special Condition or Hardship: Typical lots within Block 3 of this subdivision are 50 feet by 123 feet. The lots are addressed off Lorena Ave. and each lot has 50 feet of frontage along Lorena Ave. with 123 feet of depth. The subject property is the corner lot and is addressed to the south off La Plata St. and has 123 feet of frontage along La Plata St. and only 50 feet of depth. The required front and back setbacks add up to 45 feet total, allowing 5 feet of buildable area. The Ross Subdivision was platted in 1905 and did not consider enlarged corner lots to allow for setbacks. This Criterion IS met 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. Lot 1 is the corner lot in a Block of this subdivision and measures approximately 6,150 square feet, the same as the other lots on the block. Due to the front of the property being on La Plata Ave. and not on Lorena Ave. the applicant 9 is not allowed the same buildable space within the setbacks as other identical lots of the same size on the same block. This Criterion IS met 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. This variance if approved would allow the applicant to build up to 40% of the lot, this is the same amount of building space that the other lots are allowed on the same block. This Criterion IS met 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 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 MF-L District. This Criterion IS met 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 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 strict adherence to the code would restrict the reasonable use of the land and create unnecessary and substantial hardship to the applicant. This Criterion IS met Public Input 10 Senior Planner Safrany stated he did receive one comment, earlier in the day in favor of the variance from Wilfred Billey, Jr. Recommendation The Community Development Department recommends approval of Petition ARB 22-72 a request from Michael Smith for a variance to: Reduce the front yard setback from 20 feet to 10 feet and a rear setback from 25 feet to 12 feet for property located at 600-604 W. La Plata St. Discussion Chair Dennis stated the existing structure encroaches on the north property line, how far is that from the structure to the north. Senior Planner Safrany stated it is less than 10 feet away. He added the old structure will be demolished and the new home will be a doublewide mobile home with a 25 x 25 carport. Chair Dennis asked if the new structure was addressed off Lorena Ave. would any of this be an issue. Senior Planner Safrany replied it would fit and would not be an issue. Chair Dennis added it would be a huge improvement and the neighborhood would be safer. Board Member Winters agreed this would greatly improve the neighborhood. Petitioners Comments Mike Smith, 46A Rd. 5455, Farmington NM – Mr. Smith stated he was asked by the City to board up this building to keep the homeless out. There was no water or gas and the City deemed the structure was inhabitable which make it possible to move the vagrants off the property. Mr. Smith explained he did not want to change the address to Lorena St. to keep the traffic on a dead end road and he would have had to incur more costs due to topography issues to make the Lorena St. address work. The placement of the home and carport is a better placement than the current structure has from the standpoint of setbacks and it gives the neighbors back their property. The new structure will be setback from La Plata St. than the existing structure. Mr. Smith stated the mobile home is required to be on a permanent foundation and he presented to the Board with an overlay he had drawn up to see how it will fit the property. (See overlay below) 11 Board Member Winters asked Mr. Smith if he would put a new mobile home on that property. Mr. Smith stated it would not be new. He takes older mobile homes and completely rebuilds them under home building codes vs the mobile home code. When they are completed, they are better than a new mobile home. Board Member Discussion Chair Dennis stated it is a positive improvement to that corner and it alleviates any safety hazards. With no further discussion, Chair Dennis called for a motion. Motion Vice Chair Erickson made a motion to approve petition ARB 22-72 as recommended by staff. Board Member Winters seconded the motion. The motion passed unanimously 4-0. AYE: Chair Dennis, Vice Chair Erickson, Board Member Winters and Board Member Rogers NAY: None ABSTAIN: None ABSENT: None APPROVED 4-0 12 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: There was no business from Staff. Adjournment: A motion was made by Board Member Winters to adjourn the October 6, 2022 meeting of the Administrative Review Board; Vice Chair Erickson seconded the motion. The meeting of October 6, 2022 was adjourned at 6:57 p.m. __________________________________ __________________________________ James Dennis Tami Spencer Chair Administrative Assistant 13  ADMINISTRATIVE REVIEW BOARD Petition ARB 22-78 Variance to allow for a six-foot tall vinyl fence within the required 25-foot front yard setback area, in the SF-7: Single Family Residential District for property located at 813 Santa Barbara Drive. November 3, 2022 DESCRIPTION OF PETITION Petition No. ARB 22-78 is a request from Greg Hale for a variance to allow for a six-foot tall vinyl fence within the required 25-foot front yard setback area, in the SF-7: Single Family Residential District for property located at 813 Santa Barbara Drive. Pursuant to UDC 5.4.4.A(1) Fences and wall location and height, fences and walls located in the required front yard setback shall be limited to three (3) feet in height. The property is legally described as: Puesta Del Oro Subdivision Replat D Lot 25A Bk.1590 PG.447 Bk.1633 Pg.646 Otherwise located at 813 Santa Barbara Drive GENERAL INFORMATION Applicant .......................... Greg Hale Property Owner ............... Greg Hale Location of Property ....... 813 Santa Barbara Drive (R6001213) -.76 Acres Nature of Petition ............ The applicants request a variance to allow for a six-foot tall vinyl fence within the required 25-foot front yard setback area, in the SF-7: Single Family Residential District. Applicable Regulations ... City of Farmington Unified Development Code (UDC): Pursuant to UDC 5.4.4.A(1) Fences and wall location and height, fences and walls located in the required front yard setback shall be limited to three (3) feet in height. Zoning .............................. SF-7: Single Family Residential Existing Use ..................... Residential Surrounding Zoning/ ….. North: SF-7, Single Family Residential Land Use South: SF-7, Single Family Residential East: SF-7, Vacant, City of Farmington West: SF-7, Single Family Residential Public Notice……………. Publication of Notice of this petition appeared in the Daily Times on Sunday, October 23, 2022. Property owners within 100 feet were sent notice by certified mail on Wednesday October 19, 2022. A sign was posted on the property on Friday, October 21, 2022. Staff Mike Safrany, Senior Planner 14  ARB 18-19 Petition Report Page 2 BACKGROUND The applicant is requesting a variance to allow for a six-foot tall vinyl fence within the required 25-foot front yard setback area, in the SF-7: Single Family Residential District. The fence will be constructed 15 feet from the front property line. The 15-foot setback with the additional 5 feet of sidewalk will provide a twenty ft. by twenty ft. safe-sight visibility triangle. Pursuant to UDC 5.4.4.A(1) Fences and wall location and height, fences and walls located in the required front yard setback shall be limited to three (3) feet in height. The intent of the three-foot high fence limit in the front setback is to provide safe visibility for vehicular and pedestrian traffic along the right of way. A variance to the code would provide additional usable land for the applicant. Currently a significant portion of the land is unusable due to a steep drop of elevation at the rear of the property. Pursuant to Protective Covenants of the Pusta Del Oro Subdivision, the applicant must request waivers by the proper authority of any covenants effected by this variance if approved. Figure 1. Aerial View of Site 15  ARB 18-19 Petition Report Page 3 Figure 2. Site View with Proposed Fencing NEW FENCE 16  ARB 18-19 Petition Report Page 4 Figure 3. Street View from North 813 Santa Barbara Drive Figure 4. Street View from South 17  ARB 18-19 Petition Report Page 5 Figure 5. Zoning Map of Surrounding Area 18  ARB 18-19 Petition Report Page 6 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 circumstances are created by the natural topography of the site and are not self-created by the applicant. Currently a significant portion of the land is unusable due to a steep drop of elevation at the rear of the property. 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. Approximately half of the subject property is unusable due to the steep terrain drop-off at the rear of the parcel. This is space typically used by property owners in residential districts to park recreational vehicles, boats and trailers. 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 applicant is proposing to use the property in a reasonable manner and is a minimum easing of the code. The requested variance for a six-foot tall vinyl fence 15 feet from the front property line allows the applicant to use the property in a 19  ARB 18-19 Petition Report Page 7 manner which is appropriate for residential zoning. In addition, the property is located on a cul-de-sac with very limited traffic. This criterion IS met. 4. That the granting of the variance is in harmony with the general interest, the general purpose and intent of the Code, and is not injurious to the neighborhood or otherwise detrimental to the public welfare. The requested variance for a six-foot (6) tall vinyl fence 15 feet from the front property line would not be injurious to the surrounding neighborhood or otherwise detrimental to the public welfare. The proposed fence would still allow for an appropriate safe sight triangle for traffic entering a collector road, Santa Barbara Drive, from a residential driveway. 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 SF-7: Single Family Residential 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 strict adherence to UDC 5.5.4 Fences and wall location and height for the proposed six-foot (6) tall vinyl fence would not allow for the maximization of the property for typical residential uses. A substantial portion of the property is already unusable due to the steep drop off at the rear of the property, a literal interpretation of the code would unnecessarily make even less area usable. 20  ARB 18-19 Petition Report Page 8 This criterion IS met. CONCLUSION The Community Works Department concludes that approval of ARB 22- 78 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 fence height maximum. RECOMMENDATION The Community Works Department recommends approval of Petition ARB 22-78 from Greg Hale, for a variance from Section 5.4.4.A(1) of the City of Farmington Unified Development Code to allow for a six-foot tall vinyl fence within the required 25-foot front yard setback area, in the SF-7: Single Family Residential District for property located at 813 Santa Barbara Drive with the following condition: 1. The applicant must request waivers by the proper authority of any covenants effected by this variance pursuant to Protective Covenants of the Puesta Del Oro Subdivision. 21  ARB 18-19 Petition Report Page 9 22  ARB 18-19 Petition Report Page 10 23  ARB 18-19 Petition Report Page 11 24  ARB 18-19 Petition Report Page 12 25  ARB 18-19 Petition Report Page 13 26  ARB 18-19 Petition Report Page 14 27  ARB 18-19 Petition Report Page 15 28  ARB 18-19 Petition Report Page 16 29  ARB 18-19 Petition Report Page 17 30  ARB 18-19 Petition Report Page 18 31  ARB 18-19 Petition Report Page 19 32  ARB 18-19 Petition Report Page 20 33  ARB 18-19 Petition Report Page 21 34  ARB 18-19 Petition Report Page 22 NAME ADDRESS CITY STATE ZIP Jimmy and Alicia Davis 717 W 27th St Farmington, NM 87401-3979 David and Jennifer Dynessen 804 Santa Barbara Drive Farmington, NM 87401 Granar Trust Attn: Trust Services 712 W 27th St Farmington, NM 87401 Kemp and Christy Lewis 2412 Catalina Ct Farmington, NM 87401 Sylvia Little PO Box 1258 Farmington, NM 87499 Manuel and Michelle Lucero 817 Santa Barbara Drive Farmington, NM 87401 Rodney and Susan Parker 812 Santa Barbara Drive Farmington, NM 87401-4034 Darrell and Judi Pitts 808 Santa Barbara Drive Farmington, NM 87401 Carl and Heather Proffer 2416 Catalina Ct Farmington, NM 87401-4042 Heimo Trathnigg Trust 2408 N Hidden Glen St Farmington, NM 87401 35