Administrative Review Board

A G E N D A Administrative Review Board City Council Chambers 800 Municipal Drive, Farmington, NM December 8, 2022 - 6:00 p.m. 1. Call Meeting to Order 2. Approval of the Agenda 3. Approval of Meeting Minutes from November 3, 2022 4. Petition ARB 22-91 – A request for a variance to allow encroachment into the required 10-foot west, side yard setback for a new covered porch. Located at 6011 Country House Dr. 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 November 3, 2022 The Administrative Review Board met in regular session on Thursday, November 3, 2022 at 6:05 p.m. in the Council Chambers, 800 Municipal Drive, Farmington, New Mexico. Members Present: Chair James Dennis Vice Chair Brian Erickson Carl Winters (Telephonically) Members Absent: Brad Ballard Staff Present: Mike Safrany Tami Spencer Others Addressing the Board: Greg Hale Rodney Parker Call to Order The meeting was called to order at 6:05 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, Board Member Winters seconded the motion. The motion passed unanimously by a vote of 3-0. Approval of the Minutes from the October 6, 2022 Regular Meetings Vice Chair Erickson made a motion to approve the minutes of the October 6, 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 22-78 – 813 Santa Barbara Dr. Senior Planner Mike Safrany presented the following: 1  Variance Request Variance request to allow a six-foot tall vinyl fence within the required 25-foot front yard setback area, in the SF-7: Single Family Residential District. Applicable Code Request is for a variance to Section 5.4.4.A(1), Fences and wall location and height. Fences and walls located in required front yard setbacks shall be limited to feet in height. Zoning Map 2  Aerial View Site View with Proposed Fencing 3 Street View (from the north) Street View (from the south) 4  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: 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 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. Such space typically used by property owners in residential districts to park recreational vehicles, boats and trailers. 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 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 property line allows the applicant to use the property in a manner, which is appropriate for residential zoning. 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- 7 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, 5 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 Recommendation The Community Development Department recommends approval of 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 setback area for property located at 813 Santa Barbara Drive Discussion Chair Dennis verified the definition of a front yard and the front yard setback; he feels the criteria was not met to allow this fence. He also feels there is no hardship and that the intent of the code for solid fencing in the front yard was to keep people from putting up solid fencing in front yards. 6 Senior Planner Safrany replied one of the purposes of the code was to keep the safe sight triangle clear so people exiting their driveways would be able to see any oncoming traffic. Mr. Safrany added the applicants Home Owners Association (HOA) requires campers, boats and other recreational vehicles to be kept behind a fence or wall. Mr. Hale was unaware of the HOA’s rule and is wanting to put up a six-foot fence to store his vehicles behind, and with the steep drop off on the back of his property he is asking to ease the 25-foot front setback to a 15-foot setback. Vice Chair Erickson asked Senior Planner Safrany if the applicant would be putting a sidewalk in. Mr. Safrany replied that yes he would be putting in a sidewalk. Petitioners Comments Greg Hale, 813 Santa Barbara Dr., Farmington NM – Mr. Hale explained that he would like to build the fence at the 25-foot setback to give him more room inside the fenced area to store his recreational vehicles. If he were not allowed to build the fence, he would be forced to pay for storage for those vehicles. When he purchased that lot, he was unaware that there was a covenant and he planned to build a shop on that lot, but with inflation, he is unable to afford building a shop at this time. Mr. Hale feels because of the shape of the lot, it would be useless if he were not approved for the fence. He explained if he put up the six-foot fence at the 15-foot mark, it would not hinder the safe sight triangle from either direction. Interested Parties Comments Rodney Parker, 812 Santa Barbara Dr., Farmington NM – Mr. Parker lives across the street from the petitioner, he is one of the executors of the covenants and he was the one who let Mr. Hale know that he was in violation. Mr. Parker believes Mr. Hale does have a hardship with the way those lots were made and he has no problem with the front of the fence being built at the 15-foot setback. Mr. Parker noted that he had talked to other residents and had no opposition to Mr. Hale’s fence. He is also glad that Mr. Hale bought the property, because now the lot is cleaned up; it was a bunch of weeds before it was purchased. Board Members Discussion Board Member Winters stated that he has some sympathy for Mr. Hale, because there is no room behind the house to store the recreational vehicles, so if he is going to store them on his property he would have to go sideways, and he has the room to do it. Board Member Winters does not have any problem granting the variance. Chair Dennis feels the City has ordinances for a reason and the six-foot fence in the front yard should not be granted. However, he does agree though that this would be more like a side yard than a front yard. Board Member Winters added that if the City sold this as a lot, which it is plated for, that it should be a buildable lot. With no further discussion, Chair Dennis called for a motion. Motion Vice Chair Erickson made a motion to approve petition ARB 22-78 as recommended by staff. Board Member Winters seconded the motion. The motion passed unanimously 2-1. 7  AYE: Vice Chair Erickson, Board Member Winters NAY: Chair Dennis ABSTAIN: None ABSENT: Brad Ballard APPROVED 2-1 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 Vice Chair Erickson to adjourn the November 3, 2022 meeting of the Administrative Review Board; Board Member Winters seconded the motion. The meeting of November 3, 2022 was adjourned at 6:53 p.m. __________________________________ __________________________________ James Dennis Tami Spencer Chair Administrative Assistant 8  ADMINISTRATIVE REVIEW BOARD PETITION ARB 22-91 Variance to the Restrictive Covenants for the San Juan Country Club Estates Phase II Number One and the subsequent recorded plat – San Juan Country Club Estates Phase II Number One requiring a minimum 10-foot interior side setback for a property in the SF-10: Single-Family Residential District. DESCRIPTION OF PETITION Petition No. ARB 22-91 is a request from Rachelle Overturf, owner of property at 6011 Club House, for a variance to the required 10-foot interior side setback for a new covered porch on the west side of the property. The new porch will encroach approximately six feet into the setback with a height of 11’-6”. LEGAL DESCRIPTION SAN JUAN COUNTRY CLUB ESTATES Phase 2 No.1 Correction Lot 65 Bk.1682 Pg. 270 Otherwise located at 6011 Club House Drive GENERAL INFORMATION Applicant Rochelle Overturf Property Owners Jason and Rochelle Overturf Representative Owner Location of Property 6011 Club House Drive Nature of Petition The petitioner is requesting a variance to the San Juan Country Club Estates Phase II Number One plat requiring a 10-foot minimum side setback. Applicable Regulations San Juan Country Club Estates Phase II Number One Plat Plat Notes: BUILDING SETBACKS: All lots building setbacks are typical unless noted otherwise: Front: 25 Feet, Rear: 25 Feet, Side Yard: 10 Feet Side Yard at adjoining Street: 15 Feet. Zoning SF-10: Single-family residential Existing Use Vacant Lot Surrounding Zoning/ Land Use North: SF-10: Golf Course South: SF-10: Residential Subdivision East: SF-10: Residential Subdivision West: SF-10: Golf Course 9 Public Notice Publication of Notice of this petition appeared in the Daily Times on Sunday, November 27, 2022. Property owners within 100 feet were sent notice by certified mail on Wednesday, November 23, 2022. A sign was posted on the property on Friday, November 25, 2022. Staff Mike Safrany, Senior Planner BACKGROUND The property owner is requesting a variance to allow for construction of a covered side porch addition at the property at 6011 Club House Drive. This design with the covered porch has also been submitted to the building department and is currently being reviewed for permit. The current Restrictive Covenants for the San Juan Country Club Estates Phase II Number One requires all residences shall have at least a two car garage and off-street paved parking to accommodate at least two cars in addition to the required garage space. No residences on lots bordering the golf course shall have less than 2,000 square feet of heated living area excluding the garage area. Per the San Juan Country Club Estates Phase II Number One plat, minimum required interior side setback is ten feet. PETITIONER’S JUSTIFICATION FOR A VARIANCE Per the applicant, the shape of the property and the building and garage size (square footage) requirements creates a unique circumstance. The porch will be open, outside space with an adjacent golf course. The HOA has approved the setback. No residences live within 100 ft. of the property and one property owner of an empty lot has written a letter of approval for the variance. REVIEWING AGENCIES COMMENTS Chief Building Official – D. Childers The proposed location of the patio will meet the required fire distance from the property line. Community Works Engineering – T. Sitta Property owner/developer must illustrate on the site map that the encroachment will not interfere with the proper drainage of storm water off and through the property. Under no circumstances can the site drainage be pushed onto the neighboring property. If drainage can be maintained, engineering has no further concerns regarding the variance to the setbacks. INPUT FROM NEIGHBORS: One comment has been submitted by the applicant that she had received directly from a neighbor per email in support of the variance. 10 AERIAL MAP 11 ZONING/VICINITY MAP 12 FLOOR PLAN 13 ELEVATION 14 LOT BOUNDARY DIMENSIONS 15  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. Per staff’s opinion, the special conditions regarding this application were not self- imposed by the applicant. The unconventional shape of the lot and the additional restrictive covenants make development on this site difficult. The lot is the length of 120 feet along the east boundary and is reduced down to 80 feet on the west side of the lot where the applicant is proposing to build a covered porch. 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 scale of the residence, garage and covered porch are typical in the Country Club area which other residents enjoy. In addition, the size of the floor area, garage and paved off-street parking are requirements of the Restrictive Covenants for the San Juan Country Club Estates Phase II Number One. 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 covered porch will encroach the west side setback by approximately six feet. The porch is non-heated outdoor space and the property directly to the west side and north side is a golf course. The intent of the code to side and rear setbacks is to control density and create a safe fire distance between structures on adjacent properties. This request is a minimum easing of the code related to setback minimums. This criterion IS met. 16 4. That the granting of the variance is in harmony with the general interest, the general purpose and intent of the Code, and is not injurious to the neighborhood or otherwise detrimental to the public welfare. The requested variance is in harmony with the general interest, the general purpose and intent of the Code. The size, quality and architectural design of the new house meets the standards of the Unified Development Code and also the Restrictive Covenants for the San Juan Country Club Estates Phase II Number One. 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 SF– 10 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 not 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 encroachment into the required side setback would be an unnecessary hardship for the applicant. The covenants require to build a minimum of 2,000 sf of heated space excluding the garage area on any lot abutting the golf course. The covenants also require a minimum two car garage, paved off-street parking for two vehicles, and no outside storage is allowed. This would either limit the outdoor porch area or force the applicant to build a smaller garage and use rented storage space for vehicles or other possessions. This criterion IS met. 17 CONCLUSION The Community Works Department concludes that approval of ARB 22-91 is a minimum easing of the code, meets the intent of the code and is a property that has characteristics unique enough to allow for a waiver of the minimum side setback. RECOMMENDATION The Community Works Department recommends approval of Petition ARB 22-91 from Rochelle Overturf at 6011 Club House Drive for a covered porch to encroach into the side yard minimum setback of 10 feet. 18 PLANNING MEMO COMMENTS SUMMARY ARB 22-91 6011 CLUB HOUSE DRIVE DEADLINE: 11/14/2022 19 COMMENTS AND RECOMMENDATIONS CW – Engineering – T. Sitta (Nov 4 2022) Property owner/developer must illustrate on the site map that the encroachment will not interfere with the proper drainage of storm water off and through the property. Under no circumstances can the site drainage be pushed onto the neighboring property. If drainage can be maintained, engineering has no further concerns regarding the variance to the setbacks. 20 21 22 23 NAME ADDRESS CITY STATE ZIP Jean M Anderson Trust 801 Wheatfield Ave. Wheaton, IL 60554 Patricia Badsgard Living Trust 5510 Cedarwood Drive Farmington, NM 87402 Carolyn Insley 5362 Malibu Ct Cape Coral, FL 33904 SJ Country Club Estates Association 6490 Old Course Drive Farmington, NM 87402 SJ Development Corporation 5775 Country Club Drive Farmington, NM 87402 Robert and Jerry Sue Watterman 6404 Bent Tree Circle Farmington, NM 87402 24 25