Planning & Zoning Commission

PLANNING & ZONING COMMISSION Minutes to the March 26, 2013 Meeting Members Present: Mr. Ralph Brown-------------------------------------------------------------Chair Mr. Toby Gross-----------------------------------------------------------Member Mr. Chris Cortez----------------------------------------------------------Member Mr. Bruce Gwartney-----------------------------------------------------Member Mr. Riley Armstrong------------------------------------------------------Member Mrs. Shirley Childress---------------------------------------------------Member Members Absent: Mr. Eddie Carrillo---------------------------------------------------------Member Council Present: Jason Perry Staff Present: Mr. Louis Najar-----------------------------------------------------City Engineer Mrs. Barbara Patterson-------------------------------------------City Attorney Mr. Louis Jaramillo--------------------------------------Zoning Administrator Ms. Amber Copeland--------------------------------------Zoning Technician Others Present: None CALL TO ORDER Chair Brown called the meeting to order and asked those who wished to speak to sign in. MINUTES Chair Brown called for approval of the minutes of the January 29, 2013 minutes. Mrs. Childress made a motion to approve the minutes as presented. Mr. Gross made the second. The motion passed by a vote of six to zero. SWEARING IN Chair Brown swore in the audience and Staff. INFORMATION ITEMS Mr. Jaramillo stated a meeting of the New Mexico League of Zoning Officials (NMLZO) would be held from May 1st to May 3rd. He stated May 2nd would be dedicated to Commissioners training and that the City would send two Commissioners and one ETZ official. He stated an agenda for the meeting had been. He discussed the training offered and asked that anyone interested contact Staff for more information. Mrs. Childress made a motion to waive the reading of the ‘Land Use and Zoning Considerations’ and ‘Finding of Facts’ for the following case. Mr. Gwartney made the second. The motion passed by a vote of six to zero. CASE 13-005: A Replat to be Known as Brasher Industrial Park Redivision No. 1, Lots 1, 2, 3, 7, and 8, Block 3 of Brasher Industrial Park Subdivision and the w. 580' of a 20' alley lying between Lots 1, 2, 7, and 8, Block 3 of Brasher Industrial Park, located on the north side of the 400 block of East Brasher Road, City of Roswell/Owner. Mr. Jaramillo stated the subdivision which is zoned I-1Light Industrial is owned by the City and that there is a potential buyer for the lots who have requested the replat. He stated a portion of the 20' alley would be vacated and would turn north to serve as access for Tract 4A. He stated the replat would create four lots from the original five. He stated the surrounding streets have not been developed and that all utilities are located along Brasher Road which would also serve as access. He stated the sale of the lots depends on approval of the replat. Mr. Armstrong asked why the alley had been originally platted and why it was being vacated. Mr. Jaramillo stated a change in the Subdivision Ordinance meant that alleys are no longer required in Industrial Districts. He stated the tracts will have access to current and future streets and that the alley is no longer needed.  MOTION Mrs. Childress made a motion to recommend approval by City Council of Case 13-005 based on Findings of Facts. Mr. Armstrong made the second. There was no further discussion. The motion passed by a vote of six to zero. Mrs. Childress made a motion to waive the reading of the ‘Land Use and Zoning Considerations’ and ‘Finding of Facts’ for the following case. Mr. Gwartney made the second. The motion passed by a vote of six to zero. CASE 13-006: A Variance of 3' to the Required 5' Side Yard Setback for a Principal Structure in an R-1 Residential District, Lot 10 and the w. 15' of Lot 9, Block 16 of Lomitas Encatadas #2, known as 3201 Highland Road, Tyler and Brieanne Ford/Owners, Joshua Vitt/Agent. Joshua Vitt, agent, spoke in favor of the request. He stated Tyler Ford, owner, could not attend the meeting. He stated Mr. Ford had been unaware of the zoning regulations when he purchased and installed the metal structure. Mr. Gwartney asked if a contractor installed the structure and if a permit had been advised by the contractor. Mr. Vitt stated the company who sold the structure had installed it and a contractor had installed a slab. He stated approximately 50% of the slab already existed. He stated the contractor and company did not advise the owner to get a permit. Mr. Gross asked if a permit had been obtained for the slab. Mr. Vitt stated he did not know. A letter of support and a letter of protest and pictures taken by a neighbor were distributed to the Commission. Mr. Cortez asked what the required side yard setback is in that district. Mr. Jaramillo stated it is 5' for a principal structure. Ms. Copeland stated the structure would be attached to the home if the request is approved. Mr. Armstrong asked if Mr. Vitt lived at the home at the time of the construction. Mr. Vitt stated he had been at work when the structure was built and that Mr. Ford had paid for it. Mr. Jaramillo stated Mr. Ford is a firefighter and could not attend due to work obligations. He stated the neighbor who had protested is elderly and could not attend. Mr. Najar asked that the Commission pay special attention to Findings of Facts #12 and #13. Mr. Cortez stated Fire Marshall Bill Wells considers the structure a fire hazard. He asked if the height of the structure is a concern. Mr. Jaramillo stated an accessory structure cannot be taller than a principal structure and that the building would have to be attached to comply with height regulations. He stated the structure is approximately 2' from the barbeque area's covered patio. He stated if the two structures are ever connected the rear yard setback would be reduced to 0'. Mr. Vitt stated the barbeque area's covered patio is approximately 15' to 20' and that the covered portion would be removed. Mr. Cortez stated a number of violations were present. Mr. Jaramillo stated it does not meet the requirements for a variance. Mr. Najar stated Staff does not support the request. MOTION Mr. Cortez made a motion to deny Case 13-006 based on Findings of Facts. Mrs. Childress made the second. There was no further discussion. The motion passed by a vote of six to zero. Mrs. Childress made a motion to waive the reading of the ‘Land Use and Zoning Considerations’ and ‘Finding of Facts’ for the following case. Mr. Armstrong made the second. The motion passed by a vote of six to zero. CASE 13-007: A Variance of 9' to the Required 20' Rear Yard Setback for a Principal Structure in an R-1 Residential District, Lot 6 and the s. 6' of Lot 7, Block 3 of Atkinson Subdivision, known as 307 Hondo Drive, Martin and Dorothy Torrez/Owners. Matthew Torrez, applicant, spoke in favor of the request. He stated his parents, Dorothy and Martin Torrez, wanted to build an addition to the rear of their home for a sunroom. He stated the variance would be 9' and that the lot is oddly shaped. Mr. Cortez asked Staff for the definition of an oddly shaped lot. Mrs. Patterson stated the lot is not evenly shaped on all sides because it is a corner lot and it limits where structures can be placed. She stated a structure currently exists on 2 the rear property line as a legal non-conforming use and that it would be removed if the request is approved, which would leave more room at the rear property line. Mr. Cortez asked about setback requirements in that subdivision. Mrs. Patterson stated it may have been built before a Zoning Ordinance had been adopted. Mr. Najar stated the Engineering Department supports the request. Mr. Jaramillo stated Staff requires that all accessory structures remain 10' from any other structures. He stated the owners wished to move the existing accessory structure to abut the other accessory structure on the southern portion of the lot. Mr. Torrez stated the owners would comply with that request. MOTION Mr. Armstrong made a motion to approve Case 13-007 based on Findings of Facts. Mr. Gross made the second. There was no further discussion. The motion passed by a vote of six to zero. Mrs. Childress made a motion to waive the reading of the ‘Land Use and Zoning Considerations’ and ‘Finding of Facts’ for the following case. Mr. Gross made the second. The motion passed by a vote of six to zero. CASE 13-008: A Special Use Permit for a School in an R-2 Residential District, S: 8 T: 11S R: 24E E/2SE/4NE/4 N 342.87 FT W 378.70 FT E 402.21 FT - S 166.81 FT N 416.24 FT W 261.31 FT E 663.45, known as 1500 South Main Street, First Christian Church/Owner, Valley Christian Academy/Agent. Dustin Hunter, representative, spoke in favor of the request. He stated he is the School Board President for Valley Christian Academy (VCA). He stated the school wished to relocate to 1500 South Main Street which is owned by First Christian Church. He stated a plan had been submitted to illustrate parking and uses proposed by VCA. He stated the building had been used as a school in conjunction with a church for approximately 30 years and that VCA would be using it strictly as a school. He stated the use is similar and that VCA would refurbish the building to meet its intended needs. Councilor Jason Perry stated he is also on the board of VCA and has six children who attend the school. He stated the request would benefit the school and the community. Mr. Cortez asked if traffic would be a concern. Mr. Najar stated it wouldn't be detrimental and that South Main Street already has a high flow of traffic and can accommodate the school. He stated an entrance to the lot exists on Chisum Street. Councilor Perry stated the main entrance is on Chisum Street. Mr. Jaramillo stated the Roswell Independent School District (RISD) uses the facility to the east as the Creative Learning Center. He stated Staff and that the Roswell Fire Department (RFD) supports the request. He stated some concerns had been raised regarding the kitchen and office areas but that Findings of Facts required the school to continue working with the RFD to bring those into compliance. Mr. Najar stated VCA would have more off-street parking than many RISD schools. Mr. Cortez asked if it meets all requirements and Mr. Najar stated it does. MOTION Mrs. Childress made a motion to approve Case 13-008 based on Land Use Considerations and Findings of Fact. Mr. Gross made the second. There was no further discussion. The motion passed by a vote of six to zero. Other Business: Mr. Jaramillo stated elections for Chair, Vice Chair, and Secretary would be held in April. Mr. Cortez asked if the Allsups under construction on South Sunset Avenue and West Poe Street had used the variance they had been approved for. Mr. Jaramillo stated the asbestos abatement had required them to remove the previously existing structure before building the new one and that the variance was no longer needed. The meeting was adjourned at 7:41 p.m. 3 _________________________________ ______________________________ Ralph Brown- Chair Shirley Childress- Vice Chair 4