Planning and Zoning

Planning & Zoning Commission October 10***, 2018 Minutes City Council Chambers The regular meeting of the Planning and Zoning Commission was called to order at 6:02 p.m. by Chairman Kent Wilson. Upon roll call, the following were present: Chairman K. Wilson Commissioner J. Dooley Commissioner F. Pawlowski Commissioner F. Kozeliski Commissioner M.Long Upon roll call, the following were absent: Commissioner K. Mackenzie-Chavez Commissioner L. Miller Chairman Wilson asked if any Commissioner had a conflict of interest for any agenda item and if so to recuse him/herself prior to discussing the particular item. Upon roll call, the following votes were: Chairman K. Wilson(No) Commissioner J. Dooley(No) Commissioner F. Pawlowski(No) Commissioner F. Kozeliski(No) Commissioner M.Long(No) Presented to the Chairman and Commissioners for their approval were the minutes of the August 8th, 2018 regular meeting. Commissioner Pawlowski motioned for approval of the minutes as presented. Seconded by Commissioner Dooley. Motion Carried. Upon roll call, the following votes were: Commissioner F. Pawlowski (Yes) Commissioner J. Dooley(Yes) Commissioner F. Kozeliski(Yes) Commissioner M.Long (Yes) Chairman Wilson administered the oath required by State Lawfor publicforum. Chairman Wilson stated anyone wishing to speak limit their comments to three minutes and not to duplicate a previous point; they will have one opportunity to testify. Planning and Zoning Commission Meeting October lo***, 2018 Page 1 of 12 ITEM ONE: CASE # 18-01100001: Revocation of the Conditional Use Permit for Larry's Automotive Repair Service due to violations with the conditions set forth in Resolution RP2012-02. The property is located at 203 Burke Drive; more particularly described as Lots 10 thru 13, Block 27, Ford Highway 66 Addition. CB Strain began by explaining that this evening's meeting was to present the revocation of the conditional use permit for Larry's Automotive Repair Service at 203 Burke Drive. On September 12, 2012 the business owner, Larry Sinnott was approved for a conditional use permit with Resolution Number RP2012-02 to operate an automotive servicing and mechanical repair shop. The conditional use permit was required for that particular zoning district, which at that time was the General Commercial Zoning District (C2-A). CB explained that with any conditional use permit, conditions are applied to the use in order to ensure that it doesn't have an adverse effect on the adjacent properties or the community. He pointed out how the Commission didn't add specific conditions on the use at Larry's Automotive Repair Service. All of the conditions were followed except two (2), which the Planning & Development Department has had several complaints on. CB read aloud conditions d. and e. from Resolution Number RP2012-02: d. 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 e. Customers shall be permitted to park within the Burke Drive right-of-way when dropping off or picking up a vehicle only. The dropped off vehicle shall then immediately be transferred and stored inside the structure. CB explained how the Planning & Development Department received many complaints about vehicles being consistently parked along the Burke Drive right-of-way outside of the building during business hours and overnight, which was a violation of the conditional use permit. CB spoke about the multiple warning letters sent to the property and business owners notifying them of the violations whereas the violations would temporarily stop, but eventually continued. CB stated there seemed to be no desire for the business to comply with the regulations or the conditions set forth in the resolution that allowed the business operation. The Planning and Development Department has exhausted every effort to obtain compliance, which is why the conditional use permit revocation is being brought before the Commission this evening. CB made it clear to the Commission that if the conditional use permit was revoked the business would have to cease operations. CB explained that the Code Enforcement Officers who witnessed the multiple violations are present this evening and will testify to the evidence. Toby Tafoya, Code Enforcement Officer introduced himself and explained how he's received up to at least seven (7) complaints since 2012 of parking violations. He spoke about the vehicles he's witnessed parked along Burke Drive whereas he's issued orange tags and parking notices. (The overhead projector was used to display Pages 1-9 thru 1-24 of Mr. Tafoya's Code Enforcement Notices and violation photos.) Mr. Tafoya confirmed that those photographs were taken by him. Mr. Tafoya stated that for every complaint he received there were always violations found. Charles Soto, Code Enforcement Officer introduced himself. He explained how he was dispatched to Larry's Automotive Repair Service at 203 Burke Drive on August 20, 2018 regarding a complaint Planning and Zoning Commission Meeting October lo^^, 2018 Page 2 of12 about multiple vehicles being parked and worked on along Burke Drive. Mr. Soto referred to the site photos he took upon his arrival to the location. (The overhead projector was used to display Pages 1- 28 and 1-29 of the violation photos.) He explained that there were two (2) vehicles parked along Burke Drive that were being worked on or waiting to be worked on. He described how one (1) car had the hood propped up while a white truck was just being towed in and parked along Burke Drive. He mentioned how there were also other vehicles parked along Burke Drive from Larry's Automotive Repair Service. Mr. Soto stated that he was only dispatched to that location that one (1) time and had no other code enforcement cases for that location. CB informed the Commission that was all the facts and evidence they had to present to them this evening. Chairman Wilson asked the Commissioners if they had any questions for staff. There were none. Chairman Wilson stated that the Code Enforcement photos would be entered into the record as evidence. Chairman Wilson asked if anyone wanted to speak against the revocation to please approach the podium. Douglas Howes introduced himself as the property owner of 203 South Burke Drive. He began by stating that there has always been parking issues along Burke Drive for many years. The hours of operation for Larry's Automotive Repair Service is normally every day from eight o'clock (8 a.m.) to five o'clock(5 p.m.) where they don't have vehicles on the street. Mr. Howes pointed out how there was actually a bigger hazard caused by A&J Produce who parks their cargo truck halfway to the driveway and the street. He spoke about how his building at 203 Burke Drive was driven into twice where his retaining wall and parking lot was damaged, which he never complained about. Mr. Howes stated how it seemed like there was an issue because one neighbor wanted to compete with another neighbor. He stated that he didn't think Gallup was in the business to close businesses. Mr. Howes recommended that the Commission give Larry Sinnott another chance to correct the parking issues because Mr. Sinnott has a separate location to park his vehicles now. In closing Mr. Howes stated that they've put a lot of money into maintaining the property and he knew there were consequences for breaking the rules and regulations. He also thanked the Commission. Chairman Wilson asked the Commissioners if they had any questions for Mr. Howes. Commissioner Dooley asked Mr. Howes for clarification on the property that was being offered to Mr. Sinnott to parks his vehicles. Mr. Howes explained how Mr. Sinnott had found a location on Hasler Valley Road from George Athens to store his vehicles. Larry Sinnott started to make a conunent from the audience when Chairman Wilson required him to approach the podium in order to speak. Larry Sinnott introduced himself as the owner of Larry's Automotive Repair Service. He began by explaining how a couple of years ago George Athens agreed to let him utilize the vacant lot west of the Aztec Laundromat on the northeast corner of Aztec Avenue and Burke Drive. Mr. Sinnott stated that he had brought that solution to the City whereas he was told that it wasn't allowed because the satellite parking wasn't within one hundred and thirty feet (130'). He claimed to have since checked the distance from his business to the vacant lot where it was actually less than the required one Planning and Zoning Commission Meeting October lo'*', 2018 Page 3of12 hundred and thirty foot (130') distance. Mr. Sinnott spoke about how he was going to rent that vacant lot from Mr. Athens and install a fence whereas it would've taken care of the congestion problem they have now. Chairman Wilson asked Mr. Sinnott if that proposal had been presented to the Planning Department as a solution to the parking issue. Mr. Sinnott responded no; that was a couple of years back when the City didn't agree to it. Commissioner Dooley asked CB to respond to Mr. Sinnott's statements. CB acknowledged that there was a vacant dirt lot on Aztec Avenue and Burke Drive, which previously had a building on it that was demolished. CB explained how the zoning ordinance didn't have a permitted use for the storage of vehicles on a vacant lot. There are uses for business parking lots, but not on separate blocks where it's going to be used strictly for the storage of vehicles. CB continued by explaining how the old zoning ordinance didn't allow for that and neither did the new zoning ordinance, which was why it wasn't allow then and wouldn't be allowed now. CB stated that the only time vehicles can be parked and stored on a vacant lot is if it's for a car dealership because that inventory is part of the business. Commissioner Dooley asked CB if there would be a problem with utilizing the property on Hasler Valley Road to store their vehicles. CB stated that Hasler Valley Road was now a part of the City, so it would become an issue. Chairman Wilson and CB agreed that the business has outgrown the location, which was a good sign, but now they needed a solution. Commissioner Long asked Mr. Sinnott how many vehicles he could fit inside his shop. Mr. Sinnott stated that if the vehicles were under a lift probably about five (5) vehicles. Commissioner Long asked Mr. Sinnott how many vehicles he typically works on in one(1) day because in Resolution No. RP2012-02 it stated that the cars were supposed to be stored within the structure. Mr. Sinnott stated that it depended on the availability of the parts, but normally about five(5) vehicles a day. Chairman Wilson asked the Commission if they had any other questions for Mr. Sinnott. There were none. Chairman Wilson asked if there were any other parties wishing to speak. Debra Turner approached the podium and introduced herself as an involved party of the property ownership at 203 South Burke. She began by stating that when the Commission first considered Larry Sinnott's conditional use permit in 2012 it was brought to their attention that the parking would be limited. She read aloud paragraph seven (7)from Resolution Number RP2012-02, "Whereas, because this existing development is classified as non-conforming and existing site constraints prohibit full compliance with certain regulations, the existing development is exempt from having to comply with current landscaping and off-street parking regulations." Ms. Turner stated how Mr. Sinnott had operated his business for six (6) years and how he was obviously doing better than his neighbors. She felt that it was very extreme to shut Mr. Sinnott's business down. Ms. Turner stated how the closing of the business would not only affected Mr. Sinnott, but the property owners, the employees, their families and their income. She asked the Commission to consider all parties involved when they make their decision this evening. She also thanked the Commission. Chairman Wilson asked Ms. Turner to clarify where she was reading from. Ms. Turner stated that she was reading from Resolution Number RP2012-02 (Page 1-1); the section where it classified the structure as non-conforming. She stated that Larry's Automotive Repair Service was exempt from having to comply with any off-street parking regulations. Ms. Planning and Zoning Commission Meeting October lo^,2018 Page 4 of12 Turner stated that she was under the assumption that an addendum was being created, which would allow the parking of vehicles along Burke Drive during business hours; however she didn't see that added to the resolution appropriately. She suggested going back to the original minutes of the 2012 Planning & Zoning Commission Meeting to review the minutes. CB informed the Commission that the approved minutes from the 2012 Planning and Zoning Commission meeting were included in their agenda packets(Page 1-4 through 1-6) whereas an addendum was not made. He explained how Resolution Number RP2012-02 was approved as is in 2012 with those conditions whereas nobody approached the City to make amendments to the resolution, which would have had to come before the Conunission anyway as a separate case. CB explained how Ms. Turner was correct in stating that the property was exempt from having to comply with the off-street parking regulations. CB used the overhead projector to display the property's aerial imagery. He pointed to the property location explaining how the building took up the entire lot from front to back whereas there was no room to comply with the off-street parking requirements, which was why they were exempt. However, that didn't exempt them from complying with the conditions set forth in the resolution, which was storing the service vehicles inside the structure. CB pointed out that those were two (2) separate issues; off- street parking and storing vehicles within the structure. He mentioned how the business was exempt from the landscaping requirement because there was no place to install it being that it was abutted against the right-of-way. Commissioner Kozeliski asked CB if there was a possibility to allow the satellite parking on a vacant lot as a conditional use for Mr. Sinnott's business. CB explained how the zoning codes across many cities strictly states that if it's not a permitted use it can't be allowed with a conditional use. CB reiterated that satellite parking for Larry's Automotive Repair Service was not permitted and they can't allow it. Commissioner Kozeliski commented about how he would hate to see the Commission close down a business and asked CB if there were any other options to help Mr, Sinnott's business. CB stated that he was just presenting the facts of the case because there were violations of the conditions set forth in the resolution, which was why it was being discussed this evening. CB stated that if the Commission amended the entire zoning code for one (1) person they would have to do it for everyone. However CB recommended that the Commission not take that route because it would cause more issues. Chairman Wilson clarified how the agreement was actually the conditions set forth on the approved resolution from 2012, which specifically stated that cars could not be parked on the street and had to be stored within the structure. CB reassured Chairman Wilson that was correct. Mr. Sinnott made an unknown comment from the audience. Chairman Wilson asked Mr. Sinnott to approach the podium and to speak into the microphone. Mr. Sinnott approached the podium and stated how his automotive repair business was not the only one in town that had vehicles parked on the street. He claimed that there were also others in town that did it and if the Commission was going to shut his business down they should do the same to others. Commissioner Pawlowski responded to Mr. Sinnott's comment by stating that it didn't make it right for him or anyone else to break the regulations. He acknowledged that Mr. Sinnott's claim may be true, however it wasn't a justifiable excuse and just because somebody else did it didn't mean that it was right. Chairman Wilson stated that the facts are that the conditional use permit was issued with specific conditions and those conditions have been violated, which was why the case was brought before the Commission. Planning and Zoning Commission Meeting October lo^,2018 Page 5 of12 Chairman Wilson asked if anyone wanted to speak in favor of the case. Shauna and Rudy Piano introduced themselves as the owners of A&J Produce, which was the neighboring property to Larry's Automotive Repair Service. Mrs. Piano began by explaining how they've nicely asked Larry's Automotive Repair Service to not park along Burke Drive in front of their property. She explained how they installed "No Parking" signs along the frontage of their property to prevent Mr. Sinnott's customers from parking there because it was a constant problem that never got resolved. Mrs. Piano informed the Commission that she brought photographs of the parking violations that she witnessed. Mr. Piano requested the Code Enforcement violation photo (Page 1-28) be displayed on the overhead projector. Mr. Piano stated that the reason he parked his truck there was because he was tired of other people parking in his parking lot. He mentioned how their business at A&J Produce has downsized lately, but was still open for business. Mr. Piano continued by stating that his parking lot was for his customers and not for Mr. Sinnott's. He stated how he was also tired of the after-hour parties that took place there all hours of the night where they utilized his parking lot. He spoke about the complaints he's received where people thought it was his business having parties when it wasn't. There have been numerous occasions where he's had to clean up beer cans and trash in his parking lot that was left behind from Mr. Sinnott's parties. Mr. Piano stated that he has tried to resolve the issue with Mr. Sinnott, but it doesn't get anywhere. He's claimed to have witnessed vehicle collisions, which was due to the congestion of vehicles parked along both sides of Burke Drive. Mr. Piano spoke about how he received a call from the City of Gallup last year during the winter when a snow plow collided with the vehicles parked along Burke Drive. He had to explain that those vehicles didn't belong to him, but rather to Mr. Sinnott whereas those vehicles were parked there for six (6) or seven (7) months. Mr. Piano explained how he was frustrated and wanted the parking of vehicles along the front of his property to stop. Mrs. Piano wanted to respond to the comment that Mr. Howes previously made stating that their A&J Produce truck was parked in the middle of the street. Mrs. Piano stated that the truck is always parked on their property, which she has pictures to prove. She explained how she also had pictures that showed Larry's Automotive Repair Service parking another vehicle half way onto their property and half way into the street to make room for another vehicle they were working on. Mrs. Piano gave Chairman Wilson four (4) pictures to see the parking violations she's witnessed. Chairman Wilson asked the Commissioners to pass the photos around so they can all view them. Chairman Wilson stated that the pictures would be numbered and made a part of the record. (Four of Mrs. Piano's 4x6 pictures are attached hereto, marked as Exhibit A, B, C & D and made a part of these official minutes.) Mr. and Mrs. Piano also spoke about how they installed red and white "No Parking" signs along both sides of Burke Drive in front of their properties. Mrs. Piano used the laser beam pointer to point to the signs on the overhead projector on a couple of the site photos. Chairman Wilson asked the Commissioners if they had any questions for the Pianos. There were none. Chairman Wilson asked if there were any other interested parties wising to speak. Planning and Zoning Commission Meeting October lo^,2018 Page 6 of12 EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D