Planning and Zoning

Planning & Zoning Commission September 12th, 2012 Minutes City Council Chambers The regular meeting of the Planning and Zoning Commission was called to order at 7:13p.m. by Chairman Frank Mraz. Upon roll call, the following were present: Vice-Chairman Mraz Commissioner J. Fuhs (Sr.) Commissioner McKenzie-Chavez Commissioner Dooley Upon roll call, the following were absent: Chairman P. Garcia Commissioner Wilson Commissioner Pawlowski Presented to the Chairman and Commissioners for their approval were the minutes of the August 8th, 2012 meeting. Chairman Mraz asked for a correction to be made; The August Meeting was called to order by Chairman Garcia and not Vice-Chairman Mraz. Commissioner Dooley ( motioned for approval of minutes with the correction. Seconded by Commissioner Fuhs, A.V.A. Motion Carried. Chairman Frank Mraz administered the oath required by state law for public forum. As the meeting began a few minutes late, CB Strain asked the commission if we could reverse the order of the agenda items in order to allow the audience members in attendance for Larry's Automotive Repair Shop to leave upon completion of discussion. ITEM NUMBER TWO: CASE #12-00100001: Request by Larry's Automotive Repair Service, on behalf of Douglas Howes, property owner, for a Conditional Use Permit to operate an automotive repair and maintenance shop in the General Commercial (C2-B) District. The property is located at 203 Burke Drive, more particularly known as Lots 10 thru 13, Block 27, Ford Highway 66 Addition. CB Strain summarized his memo for the commission pointing out where on the land parcel the maintenance shop is located adding that the building was built right up to the property line. At the time the building was built, structures did not have to comply with existing zoning regulations. This building has not been altered or enlarged in any way, so the same use of the structure can legally continue even though there is no room for off street parking or landscaping. It is considered to be a legal nonconforming structure. That being said, public safety is still a  priority and for that reason, certain restrictions should be placed on the property concerning long term parking of storage of vehicles within the Burke Drive right-of-way. All vehicles waiting for service or repair shall be stored inside the structure and not parked or stored outside the building or within the Burke Drive right-of-way. Customers shall be permitted to park within the Burke ( Drive right-of-way when dropping off or picking up a vehicle only and the dropped off vehicle shall immediately be transferred into the structure. In addition, they will have to comply with the 2009 International Building Code pertaining to vehicle repair garages. This will include the installation of a ventilation system, compliance with the American's with Disabilities Act (ADA) and the ICC/ANSI Al17.1 2003 for handicap accessibility. In this particular case, the entrance already complies so it will be only the restroom that will need to be upgraded. Also, generally you must have utilities on all frontages, currently this building has city sewer but there is not a city water main on Burke Drive. The closest water main is on Aztec Avenue. At this time it is not necessary, so we will be deferring the extension of the city water main until subdivision of the property requires extension or when deemed reasonably necessary by the city. CB added that the purpose of allowing nonconforming buildings is to avoid having buildings remain empty due to being unable to comply with current zoning code. Although, we do request they come as close to conforming as possible. Motion by Commissioner Mackenzie-Chavez to approve this item as presented based on Staff findings. Seconded by Commissioner Fuhs, A. V.A. Motion Carried. Upon approval, CB reminded the applicant and property owner that the terms and conditions of ( this conditional use permit regarding the ADA and building code compliance must be completed immediately. ITEM NUMBER ONE: CASE #12-01000001: Request initiated by the City of Gallup for Vacation of a portion of the Glenn Avenue Right-of Way, Containing 0.504 acres MIL. Located within the Constants Annexation. CB Strain reminded the commission that last month they approved a vacation of a portion of the Glenn Avenue right-of-way. We vacated the west ~ (half) of the right-of-way adjoining Mr. James Hughes property via the Hughes Subdivision plat. We left the remainder of the Glenn Avenue right-of-way in tact. In order to vacate the remaining portion, we need to do so via ordinance, as there are no new subdivisions proposed for this area. Also there is no need for the right-of-way at this time; the terrain in this area is so rocky and hilly that it will never be developed - it is not feasible to attempt to do so. We do have a sewer line that comes up Glenn Avenue to a point, and we will be leaving that area in tact as a right-of-way. The adjacent property owners on either side of Glenn Avenue have access from the streets on both sides, so the vacation will not adversely affect them. If approved, the City will quit claim the vacated land back to the property owners. The recommendation of the Commission will be submitted to the City and will be presented at City Council meeting scheduled for the 25th of August for fmal approval. Planning & Zoning Commission Meeting September 12th, 2012 Minutes Page2 of3  Commissioner Dooley asked if the vacated land will be distributed proportionately to the property owners. CB replied that each property owner that fronts the right-of-way will receive Y2 (half) of the right-of-way width, the length will depend on the length of the frontage. Commissioner Dooley asked if this information will get to the county assessors office. CB ( informed her that, if approved and vacated, the quit claim deeds will be recorded. Motion by Commissioner Dooley to submit a recommendation for approval to City Council on this item as presented based on Staff findings. Seconded by Commissioner Fuhs, A.V.A. Motion Carried. There was no discussion on Information Items Three and Four. Commission Adjourned 7:28p.m. PLANNING & ZONING COMMISSION ft~ /J ~ PHILIP G. GARCIA, CHAIRMAN ATTEST: CL~ c SECRETARY TO PLANNING & ZONING Planning & Zoning Commission Meeting September 12th, 2012 Minutes Page 3 of3