Administrative Review Board

A G E N D A Administrative Review Board City Council Chambers 800 Municipal Drive, Farmington, NM March 9, 2023 - 6:00 p.m. 1. Call Meeting to Order 2. Approval of the Agenda 3. Approval of Meeting Minutes from February 9, 2023 4. Petition ARB 23-06 – A request from Ricardo Gomez for a variance of the UDC, Section 2.4.58 (D) Vehicle Sales/Leasing: requiring that a site for vehicle sales have direct access to a major or minor arterial, as defined in Section 11.1. Located at 916 Schofield Ln. 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 February 9, 2023 The Administrative Review Board met in regular session on Thursday, February 9, 2023 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 Brad Ballard Members Absent: None Staff Present: Beth Escobar Mike Safrany Tami Spencer Others Addressing the Board: Shannon Spellbring 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 4-0. Approval of the Minutes from the December 8, 2022 Regular Meetings Board Member Winters made a motion to approve the minutes of the December 8, 2022 regular meeting. Vice Chair Erickson 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 23-01 – 3681 N. Melrose Circle Senior Planner Mike Safrany presented the following: Variance Request • Petitioner is Glen Donald, property owner • Request is to waive a required paved driveway 1  • Variance to Section 5.3.3 (A) of the Unified Development Code (UDC) • Zoning is SF-10: Single-family residential district Applicable Code 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. ZONING MAP Aerial Map of Subject Property 2 View on 35th Street facing North to Property View on 35th facing East 3  View on 35th facing West Criteria 1 & 2 • 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. • 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. 4  Criteria 3 & 4 • 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. 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 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. Criteria 5, 6 & 7 • 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. • 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 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 5  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. Public Input Recommendation The Planning Division recommends approval of Petition ARB 23-01 from Glen Donald for a variance from Sections 5.3.3 (A) of the City of Farmington Uniform Development Code requiring a paved driveway for a property located at 3681 N Melrose Drive with the following condition: 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. Discussion The Board asked Staff: 1. What is the motivation for the 20 foot width for a parking area? 2. Criteria 2 and 6 are contradicting. 3. There is no street paving in that area. 4. There are three more residences that access of the dirt road? City Staff replied: 1. The width of the driveway is standard to allow for off street parking and it is unreasonable to expect anyone to pave 210 feet for a driveway. However a 20 foot pad is reasonable. 2. From a Staff point of view, there is inconsistency because there are no other variances for any neighboring property regarding a driveway. 3. There is not, there is approximately 650 feet from 35th Street to the petitioners property line of unpaved road. The driveway is approximately another 250 feet from the road to the residence. 6  4. Yes, there are three other residences that access off Melrose Circle. One of the three have a paved driveway and one of the others have a partial gravel based driveway. Petitioner’s Representative Shannon Spellbring, Spellbring Enterprises, 517 Winter Solstice, Farmington, NM Mr. Spellbring measured 1035 feet from the corner of 35th St. and Melrose Dr. to the petitioner’s property line and another 402 feet from the property line to the residence. There are other residences that have a dirt driveway and he feels, it doesn’t make sense to have a paved driveway leading to a dirt road. He added the access to Choke Cherry Canyon Recreation Area goes across the petitioner’s property, and they intend to leave that open to the public. It also does not make any sense to have a paved driveway when there will be four wheel drive vehicles crossing the driveway to gain access to the canyon. Mr. Spellbring added the drive pad would be big enough for emergency vehicles to turn around and he feels the 20 foot drive pad would be a bit excessive. With no further public comments, Chair Dennis closed the public portion of this meeting. Board Member Discussion Board Member Winters stated he sees both sides of the situation and he wouldn’t want to have to build a driveway either. He does not understand why this property is zoned SF-10, it does not look like an SF-10 neighborhood. Planning Manager Escobar explained, just like other areas of the city, the zoning came overlaid onto these parcels. The subdivision to the east is SF-10 and it carried through. She stated that he was making the same argument that Staff made, that the expectation that this area would develop as a rural area and not SF-10. That is why Staff is supporting the variance. Vice Chair Erickson asked if the 20 foot drive pad was in the code. Ms. Escobar replied that is in the International Fire Code (IFC), and we do not have the ability to waive that. Mr. Spellbring pointed out there is a 20 foot access easement on the south side of the property, and that is less than 150 feet from the dwelling. As far as fire is concerned, they would be within the 150 linear feet distance requirement. Planning Manager Escobar noted the City adopted the IFC as part of our code requirements, it is administered by the fire department. It is their minimum requirement for width to ensure they can get their vehicles in and out as needed. It is also a safety issue for the residents, should they need emergency care. The only way to have this waived, is to discuss this with the fire department. With no further discussion, Chair Dennis called for a motion. Board Member Winters made a motion to approve petition ARB 23-01 with the conditions as recommended by staff. Board Member Ballard seconded the motion. The motion passed unanimously 4-0. AYE: Chair Dennis, Vice Chair Erickson, Board Member Winters and Board Member Ballard NAY: None ABSTAIN: None ABSENT: None APPROVED 4-0 7 Annual Election of Chair and Vice Chair Vice Chair Erickson made a motion to retain Chair Dennis as Chair for another year. Chair Dennis accepted the nomination; Board Member Ballard seconded the motion. Chair Dennis made a motion to retain Vice Chair Erickson as Vice Chair. Vice Chair Erickson accepted the motion. Board Member Winters seconded the motion. The motions passed unanimously by a vote of 4-0. 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 if she could give a rundown on the new businesses going in around town. Ms. Escobar noted the old Sonic on W. Main St. will be the Pop Shop, this will be the third location for them. Then directly across the street will be the second Popeye’s. The old Bank of America building will be a sit down Starbucks, the old Dr. Dunn building across from Smiths has been demolished to build a drive thru Starbucks. Ms. Escobar added that it is interesting that the west side of town is getting some attention, she feels it is directly related to the build out of the Little Creek Subdivision. Business from Staff: Planning Manager Escobar thanked Chair Dennis and Vice Chair Erickson for accepting their re-elections to the board. She also thanked Mr. Ballard for joining the ARB. She noted there is still one seat left on the board if anyone knows someone who would like to volunteer. Adjournment: A motion was made by Vice Chair Erickson to adjourn the February 9, 2023 meeting of the Administrative Review Board; Chair Dennis seconded the motion. The meeting of February 9, 2023 was adjourned at 6:45 p.m. __________________________________ __________________________________ James Dennis Tami Spencer Chair Administrative Assistant 8  ADMINISTRATIVE REVIEW BOARD Petition ARB 23-06 Variance of the UDC Section 2.4.58 (D) to waive a requirement the site shall have direct access to a major or minor arterial, as defined in the UDC, Section 11.1. This property is located in the General Commercial District at 916 Schofield Ln. March 9, 2023 DESCRIPTION OF PETITION Petition No. ARB 23-06 is a request from Ricardo Gomez for a variance of the UDC, Section 2.4.58 (D) Vehicle Sales/Leasing requiring direct access to a major or minor arterial from property located at 916 Schofield Lane, in the GC: General Commercial District. Pursuant to UDC 2.4.58 (D) Vehicle Sales/Leasing, the site shall have direct access to a major or minor arterial, as defined in the UDC, Section 11.1. The property is legally described as: BEG S00-11W 3208.20 FT AND S72-46W 517.59 FT FROM NE CORNER OF NW/4 NW/4 OF SEC 11 29 13. THENCE S72-46W 157.21 FT,N00-11E 150 FT, S89-49E 150 FT, S00-11W 102.95 FT TO BEG. BK.1574 PG.811. Otherwise located at 916 Schofield Lane GENERAL INFORMATION Applicant .......................... Ricardo Gomez Property Owner ............... Mark Frazer Location of Property ....... 916 Schofield Lane (R0024422) - .44 Acres Nature of Petition ............ The applicants request a variance of the UDC requiring direct access to a major or minor arterial from the property. Applicable Regulations ... City of Farmington Unified Development Code (UDC): Pursuant to UDC 2.4.58 (D) Vehicle SalesLeasing. the site shall have direct access to a major or minor arterial, as defined in the UDC, Section 11.1 Zoning .............................. GC: General Commercial Existing Use ..................... Commercial Surrounding Zoning/ ….. North: GC, Commercial Retail Businesses Land Use South: GC, Commercial Retail Businesses East: GC, Commercial Retail Businesses West: GC, Commercial Retail Businesses Public Notice……………. Publication of Notice of this petition appeared in the Daily Times on Tuesday, February 24, 2023. Property owners within 100 feet were sent notice by certified mail on Friday February 20, 2023. A sign was posted on the property on Friday, February 27, 2023. Staff Mike Safrany, Senior Planner 9  ARB 23-06 Staff Report Page 2 BACKGROUND The applicant is requesting a variance of the UDC, Section 2.4.58 (D) requiring the site shall have direct access to a major or minor arterial, as defined in the UDC, for property located at 916 Schofield Lane, in the GC: General Commercial District. Pursuant to UDC 2.4.58 (D) Vehicle Sales/Leasing, the site shall have direct access to a major or minor arterial, as defined in the UDC, Section 11.1. The property owner currently has a vehicle repair business on the property, which is an allowed use in a GC: General Commercial District under UDC, Section 2.4.59 and Table 2.3, Permitted Use Table. The proposed vehicle sales and leasing is also an approved use in the GC: General Commercial District, but requires direct access to a major or minor arterial street. Schofiled Lane is designated as a collector street on the City of Farmington street map (Figure 6) UDC, Article 11 - Definitions; Section 11.1 - Terms Defined Arterial, minor: Provide service for trips of moderate length; connect to higher arterial system; Serves shorter distance trips than principal. Arterial, Principal: Connecting highways and other arterials with lower class roadways; connecting major activity centers; and serving trips entering and leaving the urban areas as well as trips within the urban areas. Collector, Minor: Two lane roads with lower travel speeds connecting residential and commercial/industrial areas. Distribute and channel trips between Local Roads and Arterials. 10  ARB 23-06 Staff Report Page 3 Figure 1. Zoning Map 11  ARB 23-06 Staff Report Page 4 Figure 2. Aerial View of Schofield and Main St. 12  ARB 23-06 Staff Report Page 5 Figure 3. Aerial View of Surrounding businesses 13  ARB 23-06 Staff Report Page 6 Figure 4. View of property facing north Figure 5. View of property facing south 14  ARB 23-06 Staff Report Page 7 Figure 6. City of Farmington Street Map 916 Schofield Lane 15  ARB 23-06 Staff Report Page 8 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 majority of Schofield Lane is zoned General Commercial between 20th Street and Main Street. The property is 500 feet north of Main Street which is also zoned commercial and is a major arterial street. There are several auto dealerships, auto repair shops and auto detailing all within 500 feet of the subject property that are addressed on Main St. and are currently in business. 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. Currently there is a property on the corner of Schofield Lane and Main Street selling cars because the address is a Main Street address. One block to the East, on Main St. and Farmington Ave, the same condition exists. 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 UDC requirement allows the applicant to use the property in a manner that is appropriate for businesses in this area and is 500 feet from an arterial street. This criterion IS met. 16  ARB 23-06 Staff Report Page 9 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 arterial street requirement would not be injurious to the surrounding neighborhood or otherwise detrimental to the public welfare. The proposed business is harmonious with other businesses in the area, provides employment, and services to the community. 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 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. 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, Section 2.4.58 (D) Vehicle Sales/Leasing for the proposed property would deny operation of vehicle sales in this location. This criterion IS met. 17  ARB 23-06 Staff Report Page 10 CONCLUSION The Community Works Department concludes that approval of ARB 23-06 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 arterial street requirement. RECOMMENDATION The Community Works Department recommends approval of Petition ARB 23-06 from Ricardo Gomez, for a variance of the UDC, Section 2.4.58 (D) requiring direct access to a major or minor arterial for property located at 916 Schofield Lane, in the GC: General Commercial District. 18  ARB 23-06 Staff Report Page 11 19  ARB 23-06 Staff Report Page 12 20  ARB 23-06 Staff Report Page 13 21  ARB 23-06 Staff Report Page 14 22  ARB 23-06 Staff Report Page 15 23  ARB 23-06 Staff Report Page 16 NOTICE SENT TO PROPERTIES LOCATED WITHIN 100 FEET NAME ADDRESS CITY STATE ZIP Alvarez Simon 943 Schofield Lane Farmington, NM 87401 Chapin Investments Doto LLC 904 Schofield Lane Farmington, NM 87401 Farmington Group LLC PO Box 2098 Farmington, NM 87499 Holmes Investment LLC 3932 Manchester St Farmington, NM 87402 Lindenfelser Damian and Patricia 942 Schofield Lane Farmington, NM 87401 Pini Dario LLC PO Box 4853 Santa Barbara, CA 93140 SCFRC HW V LLC 900 Schofield Lane Farmington, NM 87401 24  ARB 23-06 Staff Report Page 17 25