Village of Los Lunas Planning & Zoning Agendas

MINUTES PLANNING & ZONING MEETING April 4, 2012 The Village of Los Lunas Planning & Zoning Commission met in their regular session on Wednesday, April 4, 2012 at 6:00 pm in the Village Council Chambers. Members present were as follows: Commissioners, Phillip Jaramillo, S. Williams, Terry Ulibarri, Walter Baca & (1) Vacant Seat. Also present were Christina Ainsworth, Community Development Director, Diana Crowson, Planning Technician, & Marie Marquez, Recording Secretary. Members of the public present were as follows: Jim Rickey, Tony Nanez & Rose Nanez. The Meeting was called to order by: Chairman Stephanie Williams APPROVAL OF AGENDA Chairman S. Williams called for a motion to approve the agenda. Commissioner P. Jaramillo made a motion to approve the agenda. Commissioner T. Ulibarri seconded the motion. All voted yes, motion carried. Chairman S. Williams asked everyone in the audience to stand and get sworn in. SWEARING IN OF PARTICIPANTS AGENDA ITEMS: APPEAL - Title Cash APPEAL - Nanez ITEM 1- APPEAL - Title Cash Chairman S. Williams introduced Item I Appeal Title Cash. The action requested of — this commission is to have a public hearing. Mr. Dwight Zier previously submitted an application on January 4th for Conditional Use and was denied. Mr. Zier appealed the 8 t h decision made by Council on March and Council has then reverted it back to Planning & Zoning due to the applicant not appearing. Diana Crowson, presented the Item. She said, Mr. Dwight Zier of Title Cash has submitted an application for a Conditional Use which was denied on January 4, 2012, due to lack of parking spaces, surfacing of the pavement and fencing. Apparently, Mr. Zier was to have 6 parking spaces for the size of his building and he had at least 8 cars there. He then appealed it to Council and, since he did not appear for the first hearing Council has sent it back to P & Z. Christina Ainsworth intervened and stated that staff met with Mr. Zier and explained to him why it was denied. He brought in information as to how many parking spaces he had available. He was told he must park the cars on a paved area and only for a limited time P & Z Minutes April 4,2012 Page 2 and cannot sell them from there. Based on the square footage of the building it was determined that he only needs 3 spaces for his business and could feasibly use 2 spaces to store vehicles temporarily. He has agreed to that and has expressed it to the Council. This is why it was reverted back to Planning & Zoning for reconsideration. Christina said, they currently have a yard in Albuquerque but because of the timing they cannot always get them there quickly, and he would like to be able to keep one of two vehicles there for a short time till they can be transferred. He is aware of the requirements and that is probably why he did not show up tonight. Chairman S. Williams asked the decision of the Commission. Commissioner P. Jaramillo moved that the item be tabled indefinitely and if he wishes to bring it up again, a new hearing is to be scheduled. Commissioner W. Baca seconded the motion. Everyone voted in favor, motion carried. ITEM 2- APPEAL - Nanez Diana Crowson presented the appeal submitted by Mr. Tony Nanez. Mr. Nanez is appealing the decision of the Code Enforcement Department regarding the building located at 248 Mission St. SE. Code Enforcement finds the building unsafe, fire hazard, nuisance and therefore, are ordering the demolition of the building. No correspondence has been received. The applicant is requesting to repair the structures. Commissioner T. Ulibarri asked, how long ago was it when it was first brought up? Diana said, 5 years ago. Adolph Lopez, Building Inspector/Code Enforcement came up and told the Commission he had the recommendation given by the Planning and Zoning on August 1, 2007, which was to allow the applicant a period of one year to bring the building up to code. It also stated that the applicant could appeal it in district court within 30 days. No appeal to the district court was made obviously the one year period is passed. He said, we have been working with legal council on this over 5 years, and communicating with Mr. Nanez and his sister Rose Nanez. There is 3 structures and one has been worked on and is safe on the southern boundary. The structures that are on the northwestern corner of the property is what is in question. There is a 3-story structure and another one adjacent to the 3- story structure. Commissioner P. Jaramillo asked if there was running water. Adolph said, when they went to inspect it, there appeared to be no water but there was electrical wires exposed. They felt it was immediate danger and exited the structure immediately and did not continue the inspection, this was about 3-6 weeks ago. Mr. Adolph Lopez said, it is my opinion that under our abatement of building code that was adopted under Village Ordinance, that this building is an unsafe structure. The other structure is being worked on and is being brought into compliance. Mr. Nanez was given a period of 5 years to repair and bring the structure to compliance and nothing has been done. Adolph Lopez said, they visited with the contractor working with Mr. Nanez to try to bring it up P & Z Minutes April 4,2012 Page 3 to code and the contractor, Mr. Montoya called after the visit and he told him that until Mr. Nanez resolves the zoning issues, he does not wish to be associated with the project. Chairman S. Williams called on Mr. Nanez. He approached the podium and said, it’s just something that I have to fix. I’ll fix it, I know how to fix it. Commissioner T. Ulibarri stated we have to be reasonable and try working with the owner and I believe our enforcement officers have. Mr. Nanez has been given 1 year plus 5 additional years to bring this into compliance. I think this needs to end tonight. Commissioner P. Jaramillo seconded the motion. Everyone voted yes, motion passed. Chairman asked for anyone wishing to come up and speak for or against this appeal to come up. ITEM 3- APPROVAL OF MINUTES - March 21, 2012 Chairman S. Williams called for a motion to approve the minutes for March 21, 2012. Commissioner T. Ulibarri made a motion to approve the minutes as presented. Commissioner P. Jaramillo seconded the motion. Everyone voted in favor, motion carried. ITEM 4- DISCUSSION a. Community Development Activity Report Christina Ainsworth gave a — brief update regarding contractor selected for the construction of the transportation center, Consultant hired for transportation center Phase II improvements & design winners b. Code Enforcement Issues None - ITEM 5- ADJOURNMENT Chairman S. Williams called for a motion to adjourn. Commissioner T. Ulibarri made a motion to adjourn. Commissioner W. Baca seconded the motion. All voted yes, motion gassed. Stephatie WilliamsChairm Terry Ul1l?arn, Commissioner Phillip Jararilh, Commissioner Walter Baca, Commissioner Vacant Seat