Planning and Zoning
Regular MeetingGallup, NM · April 12, 2017
Minutes
Planning & Zoning Commission
April 12^^, 2017 Minutes
City Council Chambers
The regular meeting of the Planning and Zoning Commission was called to orderat 6:00 p.m. by
Chairwoman Keegan Mackenzie-Chavez.
Upon roll call, the following were present:
Vice-Chairwoman K. Mackenzie-Chavez
Commissioner J. Dooley
Commissioner F. Pawlowski
Commissioner P. Kozeliski
Commissioner M. Long
Commissioner L. Miller
Upon roll call, the following were absent:
Chairman K. Wilson
Presented to the Chairman and Commissioners for their approval were the minutes ofthe March 8*,
2017 regular meeting.
Commissioner Pawlowski motioned for approval of minutes as presented. Seconded by
Commissioner Kozeliski, A.V.A. Motion Carried.
Chairwoman Mackenzie-Chavez administered the oath required by state lawfor publicforum.
ITEM ONE: CASE # 17-00800002: Request by Ahmad Ayesh, on behalf of Gallup Islamic
Center, property owner, for a Variance of Three (3) Feet, Four (4) inches from the required Five (5)
foot set back requirement in a Commercial (C-3B) Zoning District - per Section 10-4B-2D of our City
Code. The property is located at 31 GO East Historic Highway 66; more particularlydescribed as Tract
0, Indian Hills Subdivision Unit One.
CB explained that on December 2016, the Gallup Islamic Center had submitted an application for a
foundation only permit. CB used the overhead projector to display the site plan that was submitted
with that application. The site plan was prepared by the architectural firm, AFTA Construction and
Design. He pointed out that the property boundary drawn on the site plan was placed near Highway
66, which exceeded the required five foot (5') setback. We assumed this was the correct location of
the property boundary, as the architectural firm should have researched the property prior to
submitting the site plan.
After departmental review, the City issued the permit, the foundation was dug and poured in place.
The plumbing was also installed underground. It just so happened that our Planning Development
Review Coordinator was working on a project for the property to the west when he discovered that
the property boundary was closer to the structures than the property boundary on the Gallup Islamic
Planning and Zoning Commission Meeting
April 12^, 2017
Page 1 of 3
Center property. When he researched the property in question, he realized that the Gallup Islamic
Center property boundaries that were indicated on the submitted site plan were incorrect. The City
had based their approval of the foundation only permit on the incorrect site plan that had been
submitted.
There were a couple of additional errors; a sewer line was drawn inan incorrect location anda public
utility easement that runs twenty-five feet (25') from the property line and up against the building
were not noted. The good news is that the sewer line is no longer in service and was abandoned.
Therefore the easement was no longer necessary and at last night's City Council meeting, the
Council approved vacating this easement.
The issue we are facing now is that the new construction is one foot 8 inches (I'S") away from the
property line. There is an encroachment of three feet four inches (3'4"). This was notan erroron the
contractor's part - the contractor was goingby the drawing submitted by the licensed engineer.
CB then explained the hardship to the property owner in this case; it is a narrow lot and that limits
the buildable area on site. He then noted reasons staff supports the request: 1) Highway 66 is two-
hundred feet (200') wide instead of the standard local street width of sixty feet (60') and 2), The
distance from the property boundary line on the subject property to the sidewalk fronting Highway
66 is approximately sixty feet (60') which leaves more than adequate distance, or buffer, from the
building to the street or back of curb. The intent of setbacks to get the separation between street
traffic and the building, in this case there is adequate separation.
CB also stated that had the foundation not already been poured and the plumbing not already been
installed, the City would have asked the developer to re-dig - but in this case - these steps have
already been completed. Again reminding the Commission that the plans that were submitted to the
City were designed and stamped by a licensed engineer and the City assumed the site had been
researched and the information submitted was correct.
Each of the Commissioners expressed their disappointment that this error had occurred and asked if
there was any recourse to the licensed engineer that designed the site plan. They also asked if staff
has put into place any mechanism to assure that an error such as this one will not happen again.
Commissioner Matt Long did note that an engineering or architectural firm that is licensed and has
stamped their design - is the party responsible and liable for assuring that the information submitted
has been thoroughly researched and is accurate. These companies have the professional liability and
professional duty to their clients to make sure they are providing the service they are being paid for.
Commissioner Long also reminded the applicant that now that it has been determined that his
property boundary is closer to his building than previously noted - they will need to be careful when
applying with the State for a right-of-way permit. It could be that the State will not allow for all the
off-street parking that will be required for the use of this structure. CB informed the Commission
that the owner of the vacant lot to the east of this project has subdivided the lot and will allow a
portion of that vacant lot to be used for additional off-street parking spaces.
Planning and Zoning Commission Meeting
April I2'h, 2017
Page 2 of 3
Mr. Ahmah Ayesh, contractor for the applicant, expressed that they had many meetings with the City
and the Planning Department does an excellent job. He agreed this was a huge oversight and is
hoping that we will be able to correct the issue at tonight's meeting. Commissioner Kozeliskl asked if
he would be allowed to use the parking lot to the east for parking spaces. Mr. Ayesh informed the
Commission that the lot to the east is being subdivided and the owner is donating a portion of the lot
to the Gallup Islamic Center for additional parking spaces.
Mr. Ayesh explained that they have already applied for a right-of-way permit from the state and hope
to receive a permit as soon as possible.
Mr. Pete Gonzalez, property owner of 201 Turquoise Lane, expressed his concern that as the Gallup
Islamic Center building is expanding, will the additional vehicles be parking on the street in front of
his property. CB did inform Mr. Gonzalez that the adequate number of off street parking spaces
must be provided for by the property owner. He also reminded Mr. Gonzalez that anyone from the
public is allowed to park on the street, so he could ultimately have members of the public parked on
the street near his residence. But the building permit process will require the adequate number of
parking spaces for the occupant load of this particular building and use.
Motion was made by Commissioner Kozeliski for approval of this item per staffs recommendations.
Seconded by Commissioner Pawlowski. A.V.A., Motion Carried.
INFORMATION ITEMS
ITEM TWO: City Council Actions Taken
ITEM FOUR: March 2017 Building Permit Activity Report
Commission Adjourned at 6:37 p.m.
PLANNING & ZONING/COMMISSION
n
KENT WILSON, CHAIRMAN
ATTEST:
CLYDE (C.B.) STRAIN
SECRETARY TO PLANNING & ZONING
Planning and Zoning Commission Meeting
April 12^^, 2017
Page 3 of 3
Agenda
CITY OF
* GALLUP
Planning and Development
Clyde “C.B.” Strain, Director
PLANNING AND ZONING COMMISSION
AGENDA
Wednesday, April 12th 2017, 6:00 p.m.
City Hall Council Chambers
Call to Order I Roll Call
Approval of March 8th 2017 Meeting Minutes
PUBLIC HEARINGS
ITEM ONE: CASE # 17-00800002: Request by Ahmad Ayesh, on behalf of Gallup
Islamic Center, property owner, for a Variance of Three (3) Feet, Four (4) inches from
the required Five (5) foot set back requirement in a Commercial (C-3B) Zoning District -
per Section 10-4B-2D of our City Code. The property is located at 3100 East Historic
Highway 66; more particularly described as Tract G, Indian Hills Subdivision Unit One.
INFORMATION ITEMS
ITEM TWO: City Council Actions Taken
ITEM THREE: March 2017 Building Permit Activity Report
Open Floor
Adjourn
aio West Aztec Avenue . Gallup, New Mexico 87301’ phone 505.863.1240 • email cstraingallupnm.gov
Planning & Zoning Commission
March 8th 2017 Minutes
City Council Chambers
The regular meeting of the Planning and Zoning Commission was called to order at 6:00 p.m. by
Chairman Kent Wilson.
Upon roll call, the following were present:
Chairman K. Wilson
Vice-Chairperson K. Mackenzie-Chavez
Commissioner J. Dooley
Commissioner F. Pawlowski
Commissioner F. Kozeliski
Commissioner M. Long
Upon roll call, the following were absent:
Commissioner L. Miller
Presented to the Chairman and Commissioners for their approval were the minutes of the February 8th
2017 regular meeting.
Commissioner Kozeliski motioned for approval of minutes as presented. Seconded by Commissioner
Dooley, A.V.A. Motion Carried.
Chairman Kent Wilson administered the oath required by state law for public forum.
ITEM ONE: CASE # 17-00800001: Request by Jimmy Gonzales, Gallup CDL Training Center, on
behalf of Mark and Diann Yoder, property owners, for a Variance to the Off Street Parking Requirement
per Section l0-4C-ID.l of our City Code. The property is located at 116 Bradley Street; more particularly
described as Block 2, Lots 21 thru 30,Viro West 66 Addition.
CB used the overhead screen to display the area and point out that all the businesses at this location do not
have areas for off street parking. Our City Code requires different parking spaces, depending on the use.
This particular business is a training center for acquiring a CDL License. This will be a classroom setting
only; the large trucks will be located and driven at a different location. Our Code reads that this business
use, for the size of the building, will require eight standard parking off street parking spaces and one
handicapped accessible off street parking space. This area has no room for any off street parking spaces.
Because of that, they do meet the criteria for a variance for a hardship particular to the land. The
—
applicant is asking for a variance of all off street parking and to allow students to park on Bradley Street.
This is where all patrons of the businesses in this area park. The City supports business growth and would
rather see buildings occupied with businesses instead of being left empty. For these reasons, staff
supports the request for a variance of all spaces; this will allow students to park on Bradley Street. He did
add that this is not allowing students to park on adjacent parcels or lots this is only allowing parking on
the street.
Planning and Zoning Commission Meeting
March $th, 2017
Page rof4
Motion was made by Commissioner Dooley for approval of this item per staffs recommendations.
Seconded by Commissioner Pawlowski. A.V.A., Motion Carried.
ITEM TWO: CASE # 17-00600002: Request by the City of Gallup, property owner, for the Rezoning
of approximately 89.8 13 acres FROM Rural Holding Zone (RHZ) District I Industrial (I) Zoning
District to allow for development of a Solar Farm Electric Utility. The property is located south of
Interstate 40, between Allison Road and Munoz Drive; more particularly described as Lot 3-B, Gallup
Station Grounds West Annexation, Phase 1.
Using the overhead screen, CB noted the location of the rezone request. He explained that there is a
contract in place with the developer to sell back electricity to the City. He also noted the Mr. Richard
Matzke, Electric Department Director for the City, is present this evening to answer any technical
questions anyone may have.
He further explained that the Solar Farm is allowed in the Industrial Zoning District and that is why we
are requesting the rezone from Rural Holding Zone to Industrial Zoning District. The adjacent properties
to the south and east currently have the Industrial Zoning Designation.
Commissioner Kozeliski noted this area is in a flood zone so he is concerned about developing electricity
and asked if it could be underwater some day?
Mr. Richard Matzke replied that developer plans to install the panels and most of the facilities that could
be damaged due to water at a height of four feet.
Commissioner Kozeliski stated that in the past we have seen extremely high waters in this area; will the
panels be high enough to avoid problems? CB noted that, in the discussion for conditional use permit;
that will be one of the items discussed.
Commissioner Kozeliski asked what the different colors mean on the drawing provided by Mr. Matzke?
Mr. Matzke replied that they represent different panels that will be connected to 4 different inverters.
Commissioner Kozeliski asked if this will save the City money? Mr. Matzke replied that this will be less
than the power we purchase from Continental Divide. The savings will increase each year as the years go
by. Commissioner Kozeliski asked if we will be using all of the electricity provided by this solar farm.
Mr. Matzke replied that the City’s contract is to purchase the full output from the solar farm.
Commissioner Kozeliski asked if this would be enough to fully power all of Gallup. Mr. Matzke replied
that it is definitely not enough, it is guessed to be approximately 10% of our annual purchases.
Commissioner Dooley asked if the property will be fenced to prevent juveniles from getting in and getting
hurt. Mr. Matzke replied that it will be fully fenced.
Chairman Wilson about the reflective light off the panels; will it be aimed at the residential areas to the
south and if so will this cause problems for those residents? Mr. Matzke replied that they will be aimed
Planning and Zoning Commission Meeting
March 8th, 2017
Page 2014
south and he is unaware if that particular question has been addressed.
Commissioner Miller asked if these will be fixed panels and since this area is highly visible from the
Interstate, what is the overall height of the panels? Mr. Matzke replied that they will be single axis
tracking system and he is unsure of the height.
Commissioner Kozeliski asked if we would be advertising this project to inform the public what is being
built at this location. Mr. Matzke replied that we could do that.
Commissioner Dooley asked if the solar farm is providing 10% of the Cities electricity, what happens if it
goes down for whatever reason? Mr. Matzke replied that we are purchasing 10% of the electricity and
this is just offsetting the electricity we receive from Continental Divide. But Continental Divide is still
responsible for providing the City with power.
Chairman Wilson asked if there have been any public meetings regarding this solar farm. Mr.
Matzke replied that he does not believe there has.
Motion was made by Commissioner Kozeliski for approval of this item as presented by staff.
Seconded by Dooley. A.V.A., Motion Carried.
ITEM THREE: CASE # 17-00700002: Request by the City of Gallup, property owner, for a
Conditional Use Permit to allow a Solar Farm Electric Utility in an Industrial Zoning District. The
property is located south of Interstate 40, between Allison Road and Munoz Drive; more particularly
described as Lot 3-B, Gallup Station Grounds West Annexation, Phase 1; containing 89.813 acres rn/I.
CB noted that as the Rezone has been approved, we can now proceed with the Conditional Use
Permit request. This will allow the construction of the solar farm to begin. There is nothing that
would cause an adverse effect to the surrounding properties; this is a wide open space,
CB went over each of the conditions that will be required to be met, including addressing the
flood plain construction requirements. CB informed the Commission that they are able to add
conditions if they choose; for example the reflective panels were discussed earlier. The
Commission can choose to add restrictions to the permit as part of their decision.
Commissioner Kozeliski asked if any study has been done regarding the airplanes landing in
Gallup. Will this solar farm affect their landing? Mr. Matzke noted that the question had been
raised previously, and he believes the City Attorney did not feel there was a conflict. There has
been no study, but other cities with airports have solar farms.
There was another brief discussion regarding the flood plain and the access to the proposed solar
farm.
Motion was made by Commissioner Kozeliski for approval of this item as presented by staff.
Seconded by Pawlowski. A.V.A., Motion Carried.
Planning and Zoning Commission Meeting
March 8th, 2017
Page 3 of 4
INFORMATION ITEMS
ITEM FOUR: City Council Actions Taken
ITEM FIVE: february 2017 Building Permit Activity Report
Commission Adjourned at 6:32 p.Im
PLANNING & ZONING COMMISSION
KENT WILSON, CHAIRMAN
ATTEST:
CLYDE (C.B.) STRAIN
SECRETARY TO PLANNING & ZONING
Planning and Zoning Commission Meeting
March $th, 2017
Page 4 of 4
Jackie McKinneV, Mayor
CITY OF
* GALLUP Linda Garcia, District 1 Councilor
Allan Landavazo. District 2 Cauncitor
Yoqash Kumar, District 3 Cauncilor
Fran Palochak, District 4 Councilor
PATREOTIG
•MALLOWI
****
GALLUP
April 4, 2017 Marunn Ustic’k. City Manager NEW MEXICO
George W. Kozeliski, City Attorney
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Clyde fC.B.) Strain, Planning and Development Director:
REF: Resolution No. RP2017-09; Gallup Islamic Center, Setback Variance.
BACKGROUND
Mr. Ahmad Ayesh acting on behalf of the Gallup Islamic Center, property owners, has
petitioned the Gallup Planning and Zoning Commission for a variance from Section 10-4B-2D
“Dimensional Requirements for the C-i, C-2, C-3 and PSC Zoning Districts” of the City of Gallup
Land Development Standards. Applicant is requesting a variance of three feet four inches
(3’4”) form the required five foot (5’) street yard setback for the Heavy Commercial (C-3B)
Zoning District. The property is located at 3100 East Historic Hwy. 66 and more particularly
described as Tract G, Indian Hills Subdivision Unit One.
DISCUSSION
On December 19, 2016 Dreamworks Builders LLC., owned by Mr. Ahmad Ayesh was issued a
foundation only permit in order to place foundations for a proposed addition to the Gallup
Islamic Center. As part of the required submittals an engineered site plan was submitted by
Afra Construction and Design, prepared by Jim Kapuranis, a licensed and registered New
Mexico Professional Engineer, showing the property boundary lines for subject site as being
behind the sidewalks around the perimeter of the property. Based on this property boundary
location the proposed addition was set back approximately forty nine feet six inches (49’6”)
from the front property boundary line. This exceeded the required five foot (5’) set back by
forty four feet six inches (44’6”). The permit was approved and issued and the concrete
foundations were cast in place.
When reviewing a subdivision plat for the property to the west of the subject property for an
unrelated subject it was discovered by the City’s Development Review Coordinator that the
property boundaries that were indicated on the submitted site plan were incorrect. The
actual property boundary based on the original subdivision plat is approximately thirteen feet
(13’) north of the existing building. Because the property boundary line that was shown on
the site plan submitted with the foundation only permit application was incorrect it resulted
in the foundations encroaching into the required five foot (5’) street yard set back by three
feet four inches (3’4”). In addition to the concrete foundation being cast in place all of the
underground plumbing has been installed. The encroachment into the required street yard
setback was a direct result of incorrect information being submitted for review by a licensed
professional New Mexico engineer and not an error on the City’s or the contractor’s part.
110 West Aitec Avenue • Gallup, New Mexico 87301 • phone 505.8b3. 220 • fax 505.722.5134 • web WWW.GaIIUpNM.qOV
The Historic Hwy. 66 (NM 118) right-of-way in this area is approximately two hundred feet
(200’) in width. The distance from the property boundary line on the subject property to the
sidewalk fronting Historic Hwy. 66 (NM 118) is approximately sixty feet (60’). This would leave
a distance of sixty one feet eight inches (61’8”) from the back of sidewalk to the proposed
addition even with the encroachment of three feet four inches (3’4”). Even with the
encroachment there is still more than adequate distance from the proposed addition to the
sidewalk. The configuration of the lot is exceptionally narrow which significantly reduces the
buildable area on said lot. Because of the narrow nature of the lot and adequate separation
between the structure and the roadway it is the opinion of staff that the request meets the
Limitations and Grounds for Variance as set forth in Section 10-4L-3A of the City of Gallup
Land Development Standards.
A copy of Section 10-4L-3A “Limitations and Grounds for Variance” are included in your
agenda packet and marked as “Exhibit A”.
FINDINGS
It is the findings of staff that for the reasons listed above the request meets the Limitations
and Grounds for Variance as defined in Section 10-4L-3A of the LDS as follows.
1. The narrow dimension of the existing lot significantly reduces the buildable area on
said lot. Existing constraints on said property creates special conditions and
circumstances which are peculiar to the land and which are not generally applicable
to other lands in the same zoning district.
2. Because of the special circumstances related to the land listed above literal
interpretation of the provisions of this title would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district under the terms of
this title and would work an unnecessary and undue hardship upon the applicant.
3. The extent of the variance requested is reasonably related to what is needed to
overcome the alleged hardship.
RESOLUTION NO. RP2017-09
A RESOLUTION [ ] GRANTING [ ] DENYING A REQUEST BY THE GALLUP ISLAMIC CENTER
PROPERTY OWNERS, FOR A VARIANCE OF THREE FEET FOUR INCHES (3’4”) FROM THE
REQUIRED FIVE FOOT (5’) FRONT YARD SETBACK AS SET FORTH IN SECTION 1O-4B-2D
“DIMENSIONAL REQUIREMENTS FOR THE C-i, C-2, C-3, AND PSC ZONING DISTRICTS” OF THE
LAND DEVELOPMENT STANDARDS fLDS) FOR THE CITY OF GALLUP.
WHEREAS, Mr. Ahmad Ayesh acting on behalf of The Gallup Islamic Center, property owners,
has petitioned the Gallup Planning and Zoning Commission for a variance from Section 1O-4B-
2D “Dimensional Requirements for the C-i, C-2, C-3 and PSC Zoning Districts” of the City of
Gallup Land Development Standards for a proposed addition to the existing Gallup Islamic
Center. The property is within the Heavy Commercial fC-3B) Zoning District and is located at
3100 East Historic Hwy. 66 and more particularly described as Tract G, Indian Hills Subdivision
Unit One; and
WHEREAS, Section iO-4B-2D “Dimensional Requirements for the C-i, C-2, C-3 and PSC Zoning
Districts”, of the City of Gallup Land Development Standards required a five foot street yard
setback from the property boundary line to the structure within the Heavy Commercial (C
3B) Zoning District; and
WHEREAS, the concrete foundations for the proposed addition to the existing Gallup Islamic
Center were cast in place and encroach three feet four inches (3;4”) into the required five
foot (5’) street yard setback; and
WHEREAS, the concrete foundations were located and cast based on incorrect information
provided by a New Mexico licensed and registered engineer pertaining to the actual location
of the property boundary lines thus resulting in an encroachment of three feet four inches
f3’4”) into the required five foot (5’) street yard setback; and
WHEREAS, applicant is requesting a variance of three feet four inches (3’4”) from the required
five foot (5’) street yard setback for the Heavy Commercial (C-3B) Zoning District; and
WHEREAS, the narrow configuration of the lot presents a hardship peculiar to the land and
the adequate distance of sixty one feet eight inches f61’8”) from the proposed addition to
Historic Hwy. 66 (NM 118) provides sufficient separation from the structure to the roadway;
and
WHEREAS, it is the findings of staff that the request meets the Limitations and Grounds for
Variance as defined in Section i0-4L-3A of the land Development Standards of the City of
Gallup as follows:
1. The narrow dimension of the existing lot significantly reduces the buildable area on
said lot. Existing constraints on said property creates special conditions and
circumstances which are peculiar to the land and which are not generally applicable
to other lands in the same zoning district.
2. Because of the special circumstances related to the land listed above literal
interpretation of the provisions of this title would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district under the terms of
this title and would work an unnecessary and undue hardship upon the applicant.
3. The extent of the variance requested is reasonably related to what is needed to
overcome the alleged hardship.
WHEREAS. the Planning and Zoning Commission deems it in the best interest of the public
that this application be [ ] granted [ ] denied.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE
CITY OF GALLUP, SITtING AS THE BOARD OF ADJUSTMENT, that:
1. The application, Case # 2017-00800002 for variance of three feet four inches
(3’4”) from the required five foot (5’) street yard setback for the Heavy
Commercial fC-3B) Zoning District to allow a proposed addition to the existing
Gallup Islamic Center to encroach three feet four inches (3’4”) into the required
five foot (5’) street yard setback for the property located at 3100 East Historic
Hwy. 66 and more particularly described as Tract G, Indian Hills Subdivision Unit
One is hereby [1 granted [ ] denied.
2. If approved applicant shall comply with all other requirements for the Heavy
Commercial (C-3B) Zoning District.
3. The application, if approved shall pertain only to the variance now being sought.
4. This approval shall become null and void if conditions of this resolution are not
complied with prior to issuing a Certificate of Occupancy.
PASSED, ADOPTED, AND APPROVED, THIS 12th DAY OF APRIL, 2017.
CITY OF GALLUP, McKINLEY COUNTY
BY:
KENT WILSON, CHAIRMAN
PLANNING AND ZONING COMMISSION
ATtEST
Clyde “C.B.” Strain, Planning and Development Director
Secretary to Planning and Zoning Commission
APPLICATION FOR VARIANCE
VARIANCES MAY BE GRANTED BY THE PLANNING & ZONING COMMISSION AT A PUBLIC MEETING. VARIANCE FROM THE STRICT
INTERPRETATION OF AREA, HEIGHT, DIMENSION, DISTANCE, PARKING OR SETBACK REQUIREMENTS OF THE ZONING REGULATIONS
MAY BE APPROVED IN THE CASE OF EXCEPTIONALLY IRREGULAR, NARROW, SHALLOW OR STEEP LOTS, OR OTHER EXCEPTIONAL
PHYSICAL CONDITIONS WHERE THE STRICT APPLICATION OF THE REQUIREMENTS OF THE ZONING ORDINANCE WOULD RESULT IN
PRACTICAL DIFFICULTY OR UNNECESSARY HARDSHIP THAT WOULD DEPRIVE THE OWNER OF THE REASONABLE USE OF HIS OR HER
LAND AND/OR BUILDINGS.
PROPERTY OWNER INFORMATION:
Name: c1 UcIP E[51Civi.t Phone: C°5? 72 -
cg_ 32
Address: ?OO 51 ó City: Ct (Iy State: i</V1 Zip Code: /
APPLICANT INFORMATION:
Name: kuid Phone: 5r25)
Address:_____________________________ City: 6ii I State: .t%.,LtV Zip Code: 7 c7 t
AGENT INFORMATION (if a plicable):
Name: Phone: O 5Y ‘
Address: (O5 t2 d1Jy &I2 City: (zi II L4 State: N’i Zip Code: ‘? 3’ ° /
SITE ADDRESS: Sb /-4A -,
LEGAL DESCRIPTION: Lot:______ Block:______ Subdivision.____________________________________
OTHER (If not Lot and Block): it 1 ii /-/7I1 /i ,/ /
CURRENT ZONING: DESCRIPTION OF REQUESTED USE:
SECTION(S) OF THE 1..AND DEVELOPMENT STANDARDS FROM WHICH A VARIANCE IS SOUGHT:____
—
AMOUNT OF VARIANCE SOUGHT: 3F1 1
SPECIAL HARDSHIP OF APPLICANT NOT GENERALLY SHARED BY PROPERTY OWNERS:__________
Eli-v ( i,ii rw
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M4A 4yvl /&// e
Print Property Owner’s Name igna%4re Date
4 tó{fi
Print Applicant’s Name
r
Signature’ Date
OFFICE USE ONLY
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Pre-App. Confr. 3/io/R- Application & Fee Accepted by:
Fee Paid: $ f’- Method of Payment: #3/(, 7 1 J ...U1]
Heating Date: 7 Case #:/‘OOO2 Cfl’r’ )F CALLU
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(kL) . 2O12
Request by Ahmad Ayesh, on behalf of Gallup Islamic Center, property owner, for
a Variance of Three (3) Feet, Four () inches from the required Five () foot set
back requirement in a Commercial (C-3B) Zoning District per Section lo-4B-2D
-
of our City Code. The property is located at 3100 East Historic Highway 66; more
particularly described as Tract G, Indian Hills Subdivision Unit One.
AERIAL MAP
Request by Ahmad Ayesh, on behalf of Gallup Islamic Center, property
owner, for a Variance of Three () Feet, Four (a,) inches from the required
Five (5) foot set back requirement in a Commercial (C-3B) Zoning District -
per Section lo-4B-2D of our City Code. The property is located at 3100 East
Historic Highway 66; more particularly described as Tract G, Indian Hills
Subdivision Unit One.
SITE PHOTOS
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March 13, 2017
MEMORANDUM
TO: GALLUP TASK FORCE fGTF}
> C.B. Strain, Community Planner
Stan Henderson, Executive Director, Public Works Division
> Dennis Romero, Executive Director GWSD
> Ernest Thompson, GWSD Water/Waste Water Superintendent
> Marita Joe, Electrical Engineer Tech II
> Adrian Marrufo, GWSD Solid Waste Superintendent
> Jacob LaCroix, GFD, Fire Inspector
> Diane Willato, CenturyLink Engineer
> Irma Bustamante, NM Gas Co. Distribution Superintendent
> John Ortiz, Comcast Superintendent
FROM: 1W ‘oø.
Roman J. Herrera, Development Review Coordinator
cc: Richard Matzke, Electric Director
CASE #: 17-00800002
PROJECT NAME: Variance Set Back Requirement,
—
PROPERTY OWNER: Gallup Islamic Center
PROJECT LOCATION: 3100 East Historic Highway 66
DESCRIPTION: Variance: The property owner has completed the footing for a proposed
addition without adjusting for the required five (5) foot set back, as is called for in the City’s Land
Development Standards for this zoning district; Heavy Commercial Zoning District (C-3B). The
variance being requested is three (3) feet four (4) inches and will be considered by the Planning
12th
& Zoning Commission at their April 2017 regular meeting, any conditions for approval should
be included in staff recommendation to the Commission.
ELECTRONIC COMMENTS ARE DUE BY: 24 MARCH 2017
NO TASK FOREC MEETING HAS BEEN SCHEDULED
COMMUNITY PLANNER COMMENTS:
P1.) Public Drainage and Utility Easement must be vacated to allow for
construction of new addition prior to construction.
P2.) New addition is encroaching three feet four inches (3’4”) into the required
five foot (5’) front yard setback. Original engineers site drawings shows property
line at fence line which is incorrect. Property line actually lies 25’ north of existing
building. A foundation only permit was issued based on the engineered site plan
showing the incorrect property boundary line resulting in the footings encroaching
into the required setback. A variance is needed to correct this encroachment.
CITY ENGINEER COMMENTS: City Engineering has no comments for Subject
Variance.
GWSD CHIEF ENGINEER COMMENTS: No comments received.
WATER DEPARTMENT COMMENTS: No issues with the variance.
WASTEWA TER DEPARTMENT COMMENTS:
There is an existing sewer main just along the border of the property line within
the construction zone. This sewer main is currently inactive and the Wastewater
Department recommends that the line be abandoned and the existing easement
be vacated from Aztec Place east to the eastern boundary of the Islamic Center
property.
ELECTRIC DEPARTMENT COMMENTS: No comments received.
FIRE DEPARTMENT COMMENTS: No issues
SOLID WASTE COMMENTS: No Solid Waste issues
GIS: No comments received.
CENTURYLINK COMMENTS: No comments received.
NM GAS COMPANY COMMENTS: No comments received.
COMCAST COMMENTS: No comments received.
GTF Comments —Case# 17-00800002: GALLUP ISLAMIC CTR, 34
Page 2 of 2
Request by Alunad Ayesh, on behalf of Gallup Islamic Center, property owner, for
a Variance of Three () Feet, Four () inches from the required Five (5) foot set
back requirement in a Commercial (C-3B) Zoning District per Section 10-4B-2D
-
of our City Code. The property is located at 3100 East Historic Highway 66; more
particularly described as Tract G, Indian Hills Subdivision Unit One.
Area Map
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Request by Ahmad Ayesh, on behalf of Gallup Islamic Center, property owner, for
a Variance of Three (3) Feet, Four (4) inches from the required Five (5) foot set
back requirement in a Commercial (C-3B) Zoning District per Section lo-4B-2D
-
of our City Code. The property is located at 3100 East Historic Highway 66; more
particularly described as Tract G, Indian Hills Subdivision Unit One.
Property Map
Request by Ahmad Ayesh, on behalf of Gallup Islamic Center, property owner, for a
Variance of Three (3) feet, four (4) inches from the required Five () foot set back
requirement in a Commercial (C-3B) Zoning District per Section 10-4B-2D of our City
-
Code. The property is located at 3100 East Historic Highway 66; more particularly
described as Tract G, Indian Hills Subdivision Unit One.
Address List
1. GALLUP ISLAMIC CENTER
P.O. BOX 5025
GALLUP, NM 87305-5025
TRACT G, INDIAN HILLS SUB. UNIT 1
R66o159
2. H.A.L. INC. C/O KHALAF INVESTMENTS, INC
C/O NAEL AL ASSI
3020E. HWY 66
GALLUP, NM 87301-0000
TRACTS A & F, BLOCK1, INDIAN HILLS SUB. UNIT 1
Ro16225
3. BONAGUIDI COMMERCIAL RENTAL, LLC
1999 MCDEVITT PL.
GALLUP, NM 87301-0000
TRACT B, BLOCK1, INDIAN HILLS SUB. UNIT 1
Ro243o9
4. MICHAEL K. HOFFMAN
101 TURQUOISE LN.
GALLUP, NM 87301-0000
LOT 1, BLOCK 1, INDIAN HILLS SUB. UNIT 1
Ro24317
5. PETE & ELIGIA GONZALES
600 W. WILSON AVE.
GALLUP, NM 87301-0000
LOT 1, BLOCK 2, INDIAN HILLS SUB. UNIT 1
R2o8886
6. INDIAN TRADE CENTER, INC
3880 E. HISTORIC HIGHWAY 66
GALLUP, NM 87301
LOT 4, REPLAT NO. 1 Of TRACT G, INDIAN HILLS SUB. UNIT 1
Roo3379
Summary of City Council Actions
April2017
March 16th 2017:
Case # 17-00700001: Conditional Use Permit Request by Mr. Nafiz Abusufiah, to allow
the operation of a used car sales lot in an Industrial Zoning District. The property is
located at 100 West Historic Highway 66
Denial Affirmed — Resolution No. R2017-9
CITY Of GALLUP
PLANNING & DEVELOPMENT
110 W. AZTEC AVENUE
GALLUP, NM 87301
(505) 863 1240
-
MONTHLY COMPILATION Of PERMITS ISSUED
CITY OR COUNTY: MAILING ADDRESS:
GALLUP, McKINLEY COUNTY, NM P.O. BOX 1270, GALLUP, NEW MEXICO 87305
MONTH OF: MARCH YEAR TO DATE: 2017
NUMBER OF NUMBER OF
VALUATION VALUATION
DESCRIPTION: PERMITS PERMITS
NEW SINGLE FAMILY DWELLINGS 1 $ 160,000.00 1 $ 160,000.00
RESIDENTIALADDITIONS/ALTERATIONS 0 $ - 3 $ 9,300.00
RESIDENTIAL STORAGE SHED 0 $ - 0 $ -
RESIDENTIALGARAGES&CARPORTS 0 - - 0 $ -
RESIDENTIAL SITE PERMITS 0 - 0 $ -
NEW COMMERCIAL BUILDINGS 0 $ - 0 $ -
COMMERCIALADDITIONS/ALTERATIONS 2 $ 40,000.00 5 $ 95,500.00
COMMERCIAL STORAGE SHED 1 $ 2,640.00 1 $ 2,640.00
COMMERCIAL GARAGES & CARPORTS 0 $ - 0 $ -
COMMERCIAL SITE PERMITS 0 $ - 0 $ -
NEW CHURCHES 0 $ - 0 $ -
CHURCHADDITIONS/ALTERATIONS 0 $ - 0 $ -
RE-STUCCO / SIDING 2 $ 22,500.00 2 $ 22,500.00
NEWASPHALT/ASPHALTOVERLAY/STRIPING 1 $ 10,504.00 2 $ 31,504.00
EXCAVATION / GRADING 0 $ - 0 $ -
NEW APARTMENTS 0 $ - 0 $ -
APARTMENT ADDITIONS / ALTERATIONS 0 $ - 0 $ -
HOTELS/MOTELS 0 $ - 0 $ -
ROOF REPAIR 14 $ 125,507.00 26 $ 296,651.00
DEMOLITION 1 $ 6,000.00 2 $ 37,126.00
FENCE / RETAINING WALL 3 $ 17,486.00 3 $ 17,486.00
FOUNDATION ONLY CHARGE
- 0 $ - 0 $ -
FOUNDATION ONLY NO CHARGE
- 0 $ - 0 $ -
SWIMMING POOLS 1 $ 50,000.00 1 $ 50,000.00
DECKS 0 $ - 0 $ -
TOTAL PERMITS 26 $ 434,637.00 46 $ 722,707.00
TOTAL FEES $ 5,557.16 $ 10,071.60
CITY Of GALLUP
PLANNING & DEVELOPMENT
MONTHLY COMPILATION OF PERMITS ISSUED
MARCH 2017
DATE PERMIT CONTRACTOR PERMIT BLDG. &
OWNER/BUSINESS SITEADDRESS VALUATION
ISSUED NO. TYPE ZONING FEES
ROAD RUNNER
3/1/17 17-24 MERRtLL FENCE CO. 3020 E. HIGHWAY 66 FENCE $ 122.65 $ 3,206.00
AUTO SALES
RESIDENTIAL
3/2/17 17-28 JOSEPH BERNAL TERAN BUILDERS, LLC 3313 CINIZA DR. $ S0.00 $ 1,500.00
RE-ROOF
STUCCO &
3/2/17 17-31 GEORGE HENGEL HOMEOWNER 205 E. HILL AVE. S 123.00 S 8,500.00
RE-ROOF
C/O NAEL AL ASSI
3/2/17 17-37 CATCO CONSTRUCTION 1301W. HIGHWAY 66 STUCCO $ 178.00 $ 14,000.00
KARLA& GLEN BENEFIELD
3/3/17 17-29 ANTHONY SILVA HOMEOWNER Sol DEFIANCE AVE. FENCE $ 236.85 $ 14,000.00
RESIDENTIAL
3/3/17 17-33 TERRY PROFFIT GALLUP ROOFING, INC. 1104 ANTHONY AVE. $ 15000 $ 11,900.00
RE-ROOF
ROBERT & ESTHER RESIDENTIAL
3/3/17 17-34 GALLUP ROOFING, INC. 102 S. FIFTH ST. $ 10S.00 $ 7,000.00
MARTINEZ RE-ROOF
RMCRCS COMMERCIAL
3/3/17 17-35 GALLUP ROOFING, INC. 2111 COLLEGE DR. $ 88.00 $ 3,700.00
COLLEGE CLINIC RE-ROOF
3/3/17 17-36 MICHAEL&JACKIE RYAN GALLUP ROOFING, INC. RESIDENTIAL
606 MC KEE DR. $ 150.00 $ 11,500.00
RE-ROOF
T-MOBILE COMMERCIAL
3/6/17 16-381 ENERTECH RESOURCES, LLC 1450 KIT CARSON DR. S 345.85 $ 20,000.00
(CELL TOWER ALTERATION
RESIDENTIAL
3/6/17 17-38 ERIC WINKLER DOMINGUEZCONSTRUCTION 3O66ADOBECT. $ 114.00 $ 7,596.00
RE-ROOF
SHIPROCK CONCRETE
3/7/17 17-30 WILLIAM RICHARDSON
&_ROOFING_CO.
1103W. WILSON AVE. DEMOLITION $ 140.55 $ 6,000,00
COMMERCIAL
3/7/17 17-32 SUPERSMITH, INC. GALLUP ROOFING, INC. 716W. MALONEY AVE. $ 151.00 S 10800.00
RE-ROOF
HUNTINGTON RESIDENTIAL
3/7/17 17-40 CDRRINE ROSALES
CONSTRUCTION CO.
706W. MORGAN AVE. $ 96.00 $ 6,000.00
RE-ROOF
MARRIOT TOWN TRIPLE CROWN
3/8/17 16-334
CONSTRUCTION
3920 E. HIGHWAY 66 NEW POOL $ 750.38 $ 50,000.00
PLACE SUITES
RED ROCK KACHINA PORTABLE COMMERCIAL
3/9/17 16-317
STORAGE, LLC
3720 CHURCHROCK ST. $ 79.00 $ 2,640.00
CARE CENTER STORAGE SHED
ALEX’S ROOFING RESIDENTIAL
3/10/17 17-43 MILDA QUICERO
& CONSTRUCTION
1605 AIDA CT. $ 87.00 $ 5,000.00
RE-ROOF
POWWOW COMMERCIAL
3/10/17 17-45 COMMERCIAL ROOFING, LLC 1821W. HIGHWAY 66 $ 317.00 $ 34,911.00
INDIAN JEWELRY RE-ROOF
RESIDENTIAL
3/10/17 17-46 JAN SMITH LB. HREN CONSTRUCTION 942 CERRITO DR. $ 123.00 $ 8,700.00
RE-ROOF
NEW SINGLE
3/13/17 17-23 HARRY MENDOZA HOMEOWNER 1708 S. CLIFF DR. $ 1,246.78 $ 160,000.00
FAMILY RESIDENCE
AT&T COMMERCIAL
3/14/17 17-22 VELEX, INC. 1450 KIT CARSON DR. $ 345.85 $ 20,000.00
(CELL TOWER ALTERATION
MARY JANE RESIDENTIAL
3/14/17 17-41 DOMINGUEZ CONSTRUCTION 1506 RED ROCK DR. $ 132.00 $ 9,800.00
HALLIBURTON, TRUST RE-ROOF
3/14/17 17-47 HOMEOWNER RESIDENTIAL
MICHAEL BENSON 408 N. PUERCO DR. $ 38.00 $ 900.00
RE-ROOF
RESIDENTIAL
3/22/17 17-52 HOWARD NELSON GALLUP ROOFING, INC. 3709 ZIA DR. 5 105.00 $ 6,200.00
RE-ROOF
FRANCISCO & CYNTHIA
3/21/17 17-50 HOMEOWNER 604 E. AZTEC AVE. FENCE $ 36.75 $ 200.00
LOZANO
3/23/17 17-S3 GALLUP SELF STORAGE WILSON PAVING, INC. ASPHALT
2608 BOYD AVENUE $ 245.50 $ 10,504.00
OVERLAY
TOTAL: $ 5,557.16 $ 434,637.00
1 NEW SINGLE FAMILY DWELLINGS
2 COMMERCIAL ADDITIONS / ALTERATIONS
1 COMMERCIAL STORAGE SHED
2 RESTUCCO / SIDING
1 NEWASPHALT/ASPHALTOVERLAY/ STRIPING
34 ROOF REPAIR
1 DEMOLITION
3 FENCE! RETAINING WALL
1 SWIMMING POOLS
26 TOTAL PERMITS
P.O. Box 1270, Gallup, NM 8730S
Phone: (505) 863-1240
Fax: (505) 722-5131
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