Administrative Review Board

A G E N D A Administrative Review Board City Council Chambers 800 Municipal Drive, Farmington, NM February 9, 2023 - 6:00 p.m. 1. Call Meeting to Order 2. Approval of the Agenda 3. Approval of Meeting Minutes from December 8, 2022 4. Annual election of Chair and Vice Chair 5. Petition ARB 23-01 – A request from Glen Donald for a variance of the UDC, Section 5.3.3 (A) requiring a paved driveway for property located at 3681 N Melrose Circle. 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 December 8, 2022 The Administrative Review Board met in regular session on Thursday, December 8, 2022 at 6:00 p.m. in the Council Chambers, 800 Municipal Drive, Farmington, New Mexico. Members Present: Chair James Dennis Vice Chair Brian Erickson Carl Winters Members Absent: Brad Ballard Staff Present: Beth Escobar Mike Safrany Tami Spencer Others Addressing the Board: Rochelle Overturf 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, Board Member Winters seconded the motion. The motion passed unanimously by a vote of 3-0. Approval of the Minutes from the November 3, 2022 Regular Meetings Vice Chair Erickson made a motion to approve the minutes of the November 3, 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 22-91 – 6011 Club House Dr. Senior Planner Mike Safrany presented the following: 1  Variance Request Variance request to the required 10-foot setback for a new covered porch on the west side of the property. Applicable Code Request is for a variance to the San Juan Country Club Estates Phase II Number One Plat requiring a minimum 10-foot interior side setback as outlined within the Restrictive Covenants for the San Juan Country Club Estates Phase II Number One. Floor Plan Currently Submitted to the Building Department for Permit 2 Overhead View of Site Zoning Map 3  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 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 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 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 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 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 4 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: 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 Recommendation The Community Development Department recommends approval of Petition ARB 22-91 a request from Rochelle Overturf for a variance to: allow a covered porch to encroach into the side yard minimum setback of 10 feet for property located at 6011 Club House Drive Discussion Board Member Winters asked for verification on the petitioner’s address. Senior Planner confirmed the address as 6011 Club House Dr. Chair Dennis asked Senior Planner Safrany about the angle of the property where the porch would encroach into the side yard setback. Mr. Safrany confirmed the porch encroachment goes from six feet down to nothing on that side yard. 5 Petitioner Rochelle Overturf, 6015 Club House Dr., Farmington – Chair Dennis stated that’s a sizable porch, and if they were to cut off the piece of the porch that would encroach into the side yard setback, that it would not go with the architecture of the house. Ms. Overturf agreed. She also stated they had just found out the lot was seven foot narrower than originally thought, and if the variance were not granted, they would not have the porch on that side of the house. Board Discussion Vice Chair stated as a former golf pro, the porch would not disrupt any of the golf traffic. He added that since the Neighborhood Association did not have any negative comments, he has nothing against the variance. With no further discussion, Chair Dennis called for a motion. Motion Vice Chair Erickson made a motion to approve petition ARB 22-91 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: None APPROVED 3-0 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: Vice Chair Erickson asked Planning Manager Escobar about the new Board Member. She explained he has missed two meetings and may be waiting to establish his Farmington residency before he attends a meeting, but she will check with Mayor Duckett to find out. Business from Staff: Planning Manager Escobar expanded on the explanation of the address difference for Board Member Winters. She informed the Board there would be no January meeting, due to the lack of petitions and she wished the Board Happy Holidays. Adjournment: A motion was made by Vice Chair Erickson to adjourn the December 8, 2022 meeting of the Administrative Review Board; Board Member Winters seconded the motion. The meeting of December 8, 2022 was adjourned at 6:26 p.m. __________________________________ __________________________________ James Dennis Tami Spencer Chair Administrative Assistant 6  ADMINISTRATIVE REVIEW BOARD Petition ARB 23-01 Variance of the UDC Section 5.3.3 (A) to waive a required paved driveway, in the SF-10: Single Family Residential District for property located at 3681 N Melrose Drive. The driveway length from the property line to the garage is approx. 250 ft. February 9, 2023 DESCRIPTION OF PETITION Petition No. ARB 23-01 is a request from Glen Donald for a variance of the UDC, Section 5.3.3 (A) requiring a paved driveway for property located at 3681 N Melrose Drive, in the SF-10: Single Family Residential District. Pursuant to UDC 5.3.3 (A) Driveways and parking lot access, all required parking areas must be connected to a public street or alley by means of a driveway or private access easement. All driveways providing access to such parking areas shall be paved except in the RE-1, RE-2 and RE-20 districts. The property is legally described as: W1/2NENWNE OF SEC 04 29 13.BK.1657 PG.278. Otherwise located at 3681 N Melrose Drive GENERAL INFORMATION Applicant .......................... Glen Donald Property Owner ............... Glen and Kimberly Donald Location of Property ....... 3681 N Melrose Drive (R0027163) - 5 Acres Nature of Petition ............ The applicants request a variance of the UDC requiring a paved driveway for a distance of approximately 250 feet. Applicable Regulations ... City of Farmington Unified Development Code (UDC): Pursuant to UDC 5.3.3 (A) Paving Requirements. All required parking areas must be connected to a public street or alley by means of a driveway or private access easement. All driveways providing access to such parking areas shall be paved except in the RE-1, RE-2 and RE-20 districts. Zoning .............................. SF-10: Single Family Residential Existing Use ..................... Residential Surrounding Zoning/ ….. North: SF-10, Single Family Residential, vacant lot Land Use South: SF-10, Single Family Residential, occupied residence East: SF-10, Vacant, City of Farmington, vacant lot West: SF-10, Single Family Residential, vacant lot Public Notice……………. Publication of Notice of this petition appeared in the Daily Times on Tuesday, January 24, 2023. Property owners within 100 feet were sent notice by certified mail on Friday January 20, 2023. A sign was posted on the property on Friday, January 27, 2023. Staff Mike Safrany, Senior Planner 7  ARB 23-01 Staff Report Page 2 BACKGROUND The applicant is requesting a variance of the UDC, Section 5.3.3 requiring a paved driveway for property located at 3681 N Melrose Drive, in the SF-10: Single Family Residential District. Pursuant to UDC 5.3.3 (A) Driveways and parking lot access, all required parking areas must be connected to a public street or alley by means of a driveway or private access easement. All driveways providing access to such parking areas shall be paved except in the RE-1, RE-2 and RE-20 districts. The property owner has submitted construction plans to the building department to develop a residential unit on the vacant 5 acre property. Currently the lot is vacant and 35th Street is the connector street and is not paved in this immediate area. Several lots in the immediate area have existing residential units, some residences have paved driveways and others have road base driveways. The length of the driveway from the property line to the garage is approximately 250 feet. 8  ARB 23-01 Staff Report Page 3 Figure 1. Zoning Map 9  ARB 23-01 Staff Report Page 4 Figure 2. Aerial View of Site 10  ARB 23-01 Staff Report Page 5 Figure 3. Site View with Proposed Driveway NEW DRIVEWAY 11  ARB 23-01 Staff Report Page 6 Figure 4. View on 35th facing North to Property Subject Property 12  ARB 23-01 Staff Report Page 7 Figure 5. View on 35th facing East 13  ARB 23-01 Staff Report Page 8 Figure 6. View on 35th facing West 14  ARB 23-01 Staff Report Page 9 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 unpaved collector street and the large lot sizes in the area create the special circumstances. RE-1, RE-2 and RE-20 lots are exempt from the paved driveway requirement due in part to the large lot sizes. The subject property is on a 5-acre lot and would require hundreds of feet of driveway, however the exemption does not apply to SF-10 zoning. 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. Other unpaved driveways sharing the same unpaved access road has given the applicant the impression that it would not be necessary to provide a paved driveway. 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 this is a minimum easing of the code. The requested variance to the paved driveway requirement allows the applicant to use the property in a manner that is appropriate for residences in this area. In addition, the property is located at the end of a 650-foot unpaved road with very limited traffic. 15  ARB 23-01 Staff Report Page 10 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 to the paved driveway requirement would not be injurious to the surrounding neighborhood or otherwise detrimental to the public welfare. The unpaved driveway comes off of approximately 650 feet of unpaved road, heading west on W 35th Street 310 feet, then continuing north another 350 feet. Three other neighboring properties use the same unpaved road for access. 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 any other prohibited uses 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 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 to be denied. The strict adherence to UDC 5.3.3 (A) Driveways and parking lot access for the proposed 5-acre development would require the owner to build a driveway of excessive length not typical to residential uses in lots over 20,000 sf. In addition, there is no paving on the collector road for another 650 feet. This criterion IS met. 16  ARB 23-01 Staff Report Page 11 CONCLUSION The Community Works Department concludes that approval of ARB 23-01 is a minimum easing of the code, that it meets the intent of the code and that it is a property that has characteristics unique enough to allow for waiver of the paved driveway requirement. RECOMMENDATION The Community Works Department recommends approval of Petition ARB 23-01 from Glen Donald, for a variance of the UDC, Section 5.3.3 requiring a paved driveway for property located at 3681 N Melrose Drive, in the SF-10: Single Family Residential District with the following conditions: 1. The driveway will need to be a minimum 20-foot wide all weather road. 2. An emergency vehicle turnaround will be required at or near the residence. See IFC Appendix D for details. 3. The applicant must provide a minimum 20-foot deep paved parking area the width of the garage. 17  ARB 23-01 Staff Report Page 12 18  ARB 23-01 Staff Report Page 13 19  ARB 23-01 Staff Report Page 14 20  ARB 23-01 Staff Report Page 15 21  ARB 23-01 Staff Report Page 16 22  ARB 23-01 Staff Report Page 17 NAME ADDRESS CITY STATE ZIP City of Albuquerque PO Box 1293 Albuquerque, NM 87103-1293 Calvin and Betty Coy Trust 95 Road 3100 Aztec, NM 87410-9529 Aida Harper 735 E Main St Farmington, NM 87401 Shane and Joyce Kaferle Ross 228 W 35th St Farmington, NM 87401 Nancy Loya 5108 Bellflower Circle Farmington, NM 87401 Trevor and Cassandra Uselman 3601 N Melrose Drive Farmington, NM 87401 Daniel Wilson Sr. Trust 5300 Thomas Drive Farmington, NM 87402 23