Planning & Zoning Commission

City of Roswell Planning & Zoning Commission Agenda Tuesday, October 22, 2019 at 6:00 PM Meeting Room A, Roswell Convention & Civic Center 912 N Main Street, Roswell, NM Chair: Riley Armstrong; Vice Chair: David Storey; Secretary: Jesse McDaniel Members: Kent Taylor, Saul Aguilar, James MacCornack, Jana Lessard Engineering & PW Director, Louis Najar, P.E.; Community Development Director: William Morris, AICP, CZO; Planning & Zoning Administrator: Merideth Hildreth, AICP; Planning & Zoning Technician: Miguel Martinez A. Call to Order B. Roll-Call C. Swearing In D. Approval of the Agenda E. Approval of the September 24, 2019 P&Z Regular Meeting Minutes F. Public Hearing Items 1. CASE 19-019 SUP: A request for a Special Use Permit for a 6,000 square foot Professional Office Building and parking lot in R-3. Legal Description: Subd: COUNTRY CLUB – WASHINGTON SUMMARY PLAT Lot: 1 S: 20 T: 10S R: 24E BK 808 PG 1801 WD (1/2 INTEREST) BK 726 PG 1036 WD (1/2 INTEREST). ADDRESS: 609 W Country Club Road (OWNER: SBC&W LLC / AGENT: Toby Gross). 2. CASE 19-020 VAR: A request for a variance to allow tent camping within the fenced area of the Shelter’s property boundary in C-2. Legal Description: Subd: PHYSICIANS DEVELOPMENT SUMMARY REPLAT Block: 0 Lot: 25A S: 4 T: 11S R: 24E BK 700 PG 198 QCD (CORR). Address: 114 E Albuquerque Street (OWNER: The Roswell Homeless Coalition / AGENT: City of Roswell). 3. CASE 19-021 VAR: A request for a variance to allow tent camping within the fenced area of the Shelter’s property boundary in C-1. Legal Description: Subd: SOUTH ROSWELL Block: 34 Lot: 1 BK 604 PG 1546 WD. Address: 400 E Bland Street (OWNER: The Roswell Homeless Coalition / AGENT: City of Roswell). 4. TEXT AMENDMENT to ZONING ORDINANCE ARTICLE 52: SECTION 4. ACCESSORY USES: To consider text amendments to modify the section regulating accessory structures. G. Other Business H. Public Comments I. Reports/Announcements J. Adjourn Notice of this meeting has been given to the public in compliance with Sections 10-15-1 through 10-15-4 NMSA 1978 and Resolution 19-37. NOTICE OF POTENTIAL QUORUM – A quorum of the City Council may or may not attend, but there will not be debate by the City Council, and no action will be taken. If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Human Resources at 575-624- 6700 at least one week prior to the meeting or as soon as possible. Public documents including the agenda and minutes can be provided in various accessible formats. Please contact the City Clerk at 575-624-6700 if a summary or other type of accessible format is needed. Printed and posted: October 18, 2019 1  P&Z REGULAR MEETING DRAFT MINUTES Roswell Planning & Zoning Commission Tuesday, September 24, 2019 - 6:00 PM Roswell Convention Center 912 North Main Street Chair: Riley Armstrong, Vice Chair: David Storey, Secretary: Jesse McDaniel Members: Kent Taylor, Saul Aguilar, James MacCornack, Jana Lessard Community Development Staff: William Morris, AICP, CZO; Merideth Hildreth, AICP; Miguel Martinez, CZO Engineering Staff: Louis Najar, PE Notice of this meeting has been given to the public in compliance with Sections 10-15-1 through 10-15-4, NMSA 1978 and City of Roswell, NM Resolution 19-37. A. CALL TO ORDER AND WELCOME – Chair Riley Armstrong A regular meeting of the Planning & Zoning Commission was called to order at approximately 6:00 p.m. by Chair Armstrong. B. ROLL-CALL Riley Armstrong (Chair) PRESENT David Storey PRESENT Kent Taylor PRESENT Jesse McDaniel PRESENT Saul Aguilar PRESENT Jana Lessard PRESENT James MacCornack PRESENT Staff Members Present: Louis Najar, PE, Director of Engineering & Public Works William Morris, AICP, CZO, Director of Community Development Merideth Hildreth, AICP, Planning & Zoning Administrator Miguel Martinez, CZO, Planning & Zoning Technician Audience Members Present: C. SWEARING IN: Chair Armstrong swore in staff and members of the audience. D. APPROVAL OF THE AGENDA Commissioner Lessard MOTIONED to approve the agenda as presented for the September 24, 2019 Planning & Zoning Commission Regular meeting. Seconded by Commissioner McDaniel. The motion passed by a voice vote of seven to zero. 2 E. MINUTES: Consider approval of the August 27, 2019 P&Z Regular Meeting Minutes Commissioner Storey MOTIONED to approve the minutes from the August 27, 2019 Regular Planning & Zoning Commission Meeting. Seconded by Commissioner MacCornack. The motion passed by a voice vote of seven to zero. F. PUBLIC HEARING ITEMS: 1. TEXT AMENDMENT to ARTICLE 4: DEFINITIONS: To clarify existing definitions and possibly add new definitions. Chair Armstrong Introduced Item 1 Text Amendments to Article 4 of the Zoning Ordinance. Mr. Morris: There are three sets of amendments included in this packet dealing with a new situation that has arisen over the last few years called Tiny Homes. The state has come up with a section in the New Mexico Administrative Code that describes tiny homes and the standards applied to them. The state defines a tiny home as a dwelling that is 400 square feet or less in size. We want to create two types of houses in the city: tiny and large. The text amendment to the Zoning Ordinance Definitions Article is intended to differentiate the two types of single-family homes: tiny homes to be 400 square feet or less and a large home to be defined as over 400 square feet. The State Statutes are included on pages 14 and 15 of your package, and lays out the requirements for Tiny Homes in the State of New Mexico Administrative Code under the Building Code. Chair Armstrong: asked when the state code was put together. Mr. Morris stated that the City's Building Office received this code about four months ago. It reworded the Single-Family residence definition to Single-Family detached dwelling to differentiate tiny homes (400 square feet or less) from large homes (over 400 square feet). MOTION – TEXT AMENDMENT TO ARTICLE 4: DEFINITIONS Commissioner Storey made a motion to recommend approval of the text amendment to Zoning Ordinance Article 4: Definitions. Seconded by Commissioner McDaniel. The motion passed by a voice vote seven to zero. 3  2. TEXT AMENDMENT to ARTICLE 20: RMS RESIDENTIAL MOBILE HOME SUBDIVISION. To consider adding tiny homes of 400 square feet or less as a primary residential structure to the RMS zoning district and any other modifications to the district to accommodate tiny homes (proposed rename of article to ARTICLE 20: RMS RESIDENTIAL MOBILE HOME / TINY HOME SUBDIVISION DISTRICT.) Chair Armstrong Introduced Item 2 Text Amendment to Article 20 of the Zoning Ordinance starting on Page 11 of the Meeting PACKET. Mr. Morris: The intent of amending Article 20 is to utilize an existing zoning district and modify it to allow tiny homes. One of the issues was it seems like we were mixing uses and so a recommendation is to eliminate uses permitted in the R-1 Zoning District from the RMS District. The underlining should go from 4 through 6 since these are proposed additions to the RMS District. Home Occupations and parks could go in the RMS and delete the special uses in the RMS that are listed in the R-1 District. Could have mobile homes, manufactured homes, modular homes, tiny homes, container homes and the whole gamut of these types of structures subject to the criteria below. The lot size is important because the “toys” don't get smaller (vehicles, carports, sheds, RVs). Commissioners discussed the minimum unit size. Mr. Morris: suggested eliminating the Minimum Unit Size “box” in the text. Mr. Najar: Just because they have a tiny home, doesn't mean they won't have a truck or boat or RV. The lot size will need to accommodate the vehicles and accessory structures. Chair Armstrong: What stops someone from placing a camper or travel trailer and removing the axel on an RV and calling it a tiny home? Mr. Najar: The Building Code will cover that. Mr. Storey: The proposed text amendment provides for a 40X8 with or without a permanent foundation which is the size of a manufactured home. Mr. Morris and Commissioners: Article 21 will be an attempt to create a tiny home subdivision district for tiny homes only. Ms. Hildreth: On page 14, Appendix Q Tiny Houses, the State Administrative Code says in the first paragraph “tiny houses constructed on a chassis with permanent axel shall be considered recreational vehicles and shall meet codes for and be licensed as a recreational vehicles as long as the axel remains in place.” Mr. Najar: Article 20 is for Mobile Home Park, not a RV Park. RV Parks have a separate zoning district. Article 20 Section 2(A)4. “A tiny home must be on a foundation.” Mr. Morris: This statute excludes tiny homes not on permanent foundations and is applicable to Article 20. Mr. Najar: If a tiny home is mobile and on wheels and licensed as a RV vehicle, it can be parked in an RV Park, even if it is a tiny home on wheels. Mr. Najar: Suggested adding tiny homes to Section 1 “Purpose” text in Article 20. Mr. Morris: Recommended adding text at the end of Section 1, “by permitting low to medium density mobile home and tiny home development…” 4 Discussion on Height: Height is governed by Zoning Ordinance Article 52: Building and Performance Standards. MOTION – TEXT AMENDMENT TO ARTICLE 20: RMS RESIDENTIAL MOBILE HOME/TINY HOME SUBDIVISION DISTRICT Commissioner Storey made a motion to recommend approval of the text amendment to Zoning Ordinance Article 20: RMS Residential Mobile Home / Tiny Home Subdivision District with the minimum unit size of 40’ X 8’ struck from Section 2 Use Regulations Sentence 1; Section 3 Minimum Unit Size, and Maximum HEIGHT of Structures and Signs also in Section 3; add tiny homes to the Section 1 Purpose behind the mobile home development. Seconded by Commissioner McDaniel. The motion passed by a voice vote seven to zero. 1 Purpose Section 1 - add “and Tiny Homes.” 2 Section 2 – Delete 1. Any use permitted in the R-1 District and 40’ X 8’. 3 Section 3 - Delete Minimum Unit Size and Maximum Height boxes in the table. 3. TEXT AMENDMENT: Consider creation of a new zoning district for tiny home subdivisions (proposed ARTICLE 21: RTH RESIDENTIAL TINY HOME SUBDIVISION DISTRICT. Chair Armstrong Introduced Item 3 proposed Text Amendment to Article 21 of the Zoning Ordinance, RTH Residential Tiny Home Subdivision District. Mr. Morris: This is our first attempt at creating a new solely tiny home subdivision with homes 400 square feet or less. This district will allow tiny homes on permanent foundations, modular homes on a permanent foundation not to exceed 400 square feet, parks, and home occupations. Staff is proposing a maximum unit size and minimum lot size of 3,000 square feet, however staff has no problem increasing the minimum lot size. The text amendment proposes only one unit per lot with 400 square foot maximum unit size, one 200 square foot maximum accessory structure (storage shed), screened fence or wall on arterial and collector streets, underground electric, signage for subdivisions the same as in the sign code. 5 There was a discussion on minimum lot size, a shorter front yard setback for carports, setbacks as relates to quality of life in tiny home subdivisions, and verbiage regarding screened fencing on subdivision properties abutting arterials and collector streets. Mr. Martinez: (Per the Zoning Ordinance) an open porch can encroach 5' in the setback, but a carport cannot. If a 10’ encroachment is too much (for a carport), would a 5’ (encroachment) be any different? Since the code states that an open porch can encroach 5’ into the front yard setback, this could apply to a carport as well, and it could be another compromise (to allow carports to encroach 5’ into the front yard setback, too.) Commissioner Storey: Tiny homes are different and might justify having different setbacks. Mr. Najar: Tiny Home Subdivisions might be able to go in any part of town and must be designed for good quality of life, stop people from parking on the sidewalk because it’s adding to the problem when guests don’t have room to park. Mr. Najar: One other comment on page 18 line J, let’s make it all underground utilities. Commissioner Storey: If we move the required front yard for a carport to 15’, will the required front yard for the home stay at 20’? Mr. Najar: Yes. Then add a porch in the front (that encroaches 5’ in the setback), and the carport would match the porch. Mr. Martinez: Added, it would have to remain open and not be enclosed. Mr. Morris: The concern is to accommodate a carport in the front and storage in the back in a subdivision that is not meant to be a full-size subdivision. I think the 15’ and the 15’ is a good compromise and gives us flexibility. Whoever designs these subdivisions will not be dealing with existing conditions, but a new situation with new rules. Mr. Najar: I'll compromise for the 15' setbacks. Mr. Morris: I'm good with the 15' setbacks. MOTION – TEXT AMENDMENT TO ARTICLE 21: TO CREATE ZONING DISTRICT - RTH RESIDENTIAL TINY HOME SUBDIVISION DISTRICT Commissioner Storey made a motion to recommend approval of the text amendment to Zoning Ordinance Article 21: RTH Residential Tiny Home Subdivision District with the changes to the required front yard setback for a carport to 15'; the required rear yard setback to 15'; Section 4: General Standards D to a 15’ setback (for carports); I to modify abutting to clean up the verbiage of frontage on collector and arterial streets; and J to include all underground utilities. Seconded by Commissioner McDaniel. The motion passed by a voice vote seven to zero. Mr. Morris: These (text amendments) will be forwarded to the Legal Committee and based on their recommendation forwarded to City Council for two readings. 6  4. TEXT AMENDMENT: Other text amendments in the Zoning Ordinance regarding the regulation of tiny homes. Mr. Morris: Staff requests to table this item. This was included in case changes needed to be made to other articles (regarding tiny homes). MOTION – TEXT AMENDMENT Commissioner Lessard made a motion to table agenda item F4. Seconded by Commissioner Storey. The motion passed by a voice vote seven to zero. NON-ACTION ITEM G. OTHER BUSINESS Mr. Morris: We do have a series of rolling amendments that we want to talk about later to discuss carports and other structures on existing lots in the city. After that, look at possible text amendments for large Rolling Stock in general. We started to have this discussion before about storage, carports, RVs, fifth-wheels, and boats. When much of the housing was built in the 1950s, 60s, and 70s, a lot of families had one car. Now almost everyone over the age of 16 has a motor vehicle. H. PUBLIC COMMENTS Jesse McDaniel: Staff is doing a good job and appreciates the work. Barbara Sheer: Appreciate the fact that the Planning & Zoning Commission is considering tiny homes. I. REPORTS/ANNOUNCEMENTS J. ADJOURN Chair Armstrong adjourned the meeting at 7:13 p.m. 7 EXHIBIT A 19-019 SUP APPLICATION 8  EXHIBIT B: STAFF SUMMARY FOR CASE 19-019 (SUP) 609 W COUNTRY CLUB ROAD (PAGE 1 OF 4) Roswell Planning & Zoning Commission Tuesday, October 22, 2019 Meeting Room A; Roswell Convention & Civic Center 912 North Main Street APPLICATION: CASE 19-019 (SUP): Request for a professional office and parking lot in the R-3 district. I. Property Location: 609 W Country Club Rd Legal Description: Subd: COUNTRY CLUB – WASHINGTON SUMMARY PLAT Lot: 1 S: 20 T: 10S R: 24E BK 808 PG 1801 WD (1/2 INTEREST) BK 726 PG 1036 WD (1/2 INTEREST) Owner: SBC&W, LLC Request: Request for a Special Use Permit for a 6,000 square foot Professional Office Building and parking lot in R-3. II. Site Data: Site Area: 107’ X 250’ UPC: 4135059284518000000 Existing Land Use: Single Family Dwelling Proposed Land Use: Single Family Dwelling Existing Zoning: R-3 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Residential R-1 South Vacant R-3 East Residential R-3 West Professional Office & Residential R-3 & R-1 9 EXHIBIT B: STAFF SUMMARY FOR CASE 19-019 (SUP)  609 W COUNTRY CLUB ROAD (PAGE 2 OF 4) Chaves County Assessor’s Map Zoning Map for 19-019 (SUP) 10  EXHIBIT B: STAFF SUMMARY FOR CASE 19-019 (SUP) 609 W COUNTRY CLUB ROAD (PAGE 3 OF 4) III. Intent of Petition: The owner of the residential property at 609 W Country Club Rd is requesting a Special Use Permit for a 6,000 square foot Professional Office Building and parking lot in R-3. IV. Land Use and Zoning Considerations: 1. The property under consideration is currently zoned R-3 with a 20’ front yard setback. 2. Residential structure shown in the picture below has already been removed from the lot. 3. The northwest corner lot on the Washington Avenue and Country Club Road is an attorney’s office zoned R-3. 4. Community Commercial (C-2) lots abut the property under consideration on the east (which becomes a hospital/medical area). 5. The Preferred Land Use Scenario Map from the City of Roswell 2016 Comprehensive Master Plan shows this lot as Residential. V. Findings of Fact (Conclusions of Law): 1. A notice of the time and place of the public hearing for this case was published in the Roswell Daily Record at least fifteen (15) days prior to the date of this hearing. 2. Notification of the public hearing was mailed via certified mail with return receipt requested to property owners of record, as shown by the Chaves County Assessor, with lots or land within one-hundred (100) feet of the area under consideration, excluding public rights-of-way. 3. This agenda which includes this case has been posted at City Hall and on the City of Roswell’s website for over seventy-two (72) hours as required by State of New Mexico law for a public hearing. 4. As of the time of this writing, there have been zero (0) written protests and zero (0) verbal protests and zero (0) written letters of support received by the Planning & Zoning Office. 11  EXHIBIT B: STAFF SUMMARY FOR CASE 19-019 (SUP) 609 W COUNTRY CLUB ROAD (PAGE 4 OF 4) VI. Staff Recommendation: Based on the findings of fact, the nature of the proposed land use consideration, the lot size and lot configuration, the surrounding land uses, and the regulations established in the Zoning Ordinance, Staff recommends approval of Zoning Case 19-019 SUP. VII. Action by the Planning & Zoning Commission: The Planning and Zoning Commission may make a motion to approve or deny this application based on Findings of Fact, Land Use and Zoning Considerations, and testimony and material introduced at the hearing. 12  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR ZONING CASE 19-019 (SUP) LETTER SENT VIA CERTIFIED MAIL ON OCTOBER 7, 2019 TO SURROUNDING PROPERTY OWNERS CITY OF ROSWELL COMMUNITY DEVELOPMENT DEPARTMENT Planning & Zoning Office PO Box 1838, Roswell, NM 88202-1838 415 N Richardson Avenue, Roswell, NM 88201 Telephone: (575) 637-6294 Fax: (575) 637-6277 RE: PUBLIC HEARING NOTICE for ZONING CASE 19-019 (SUP) You have received this notice via certified mail because Chaves County Assessor information indicates you are a property owner of record within 100 feet of City of Roswell Planning & Zoning Case 19-019 SUP. The zoning case is a request for a Special Use Permit to build a 6,000 square foot Professional Office Building and parking lot in the R-3 Zoning District. OWNER OF PROPERTY: SBC&W, LLC AGENT: Toby Gross PROPERTY LOCATION: 609 W Country Club Road LEGAL DESCRIPTION: Subd: COUNTRY CLUB – WASHINGTON SUMMARY PLAT Lot 1 S: 20 T: 10S R: 24E BK: 808 PG: 1801 WD (1/2 INTEREST) BK 726 PG 1036 WD (1/2 INTEREST) REQUEST: Request for a Special Use for Professional Office and parking lot in R-3 (Residential) Zoning District The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning case on Date: TUESDAY, October 22, 2019 at 6:00 p.m., in Meeting Room A at the Roswell Convention & Civic Center, located at 912 North Main Street. You are entitled, although not obligated, to comment either in writing to our office or in person at the hearing. To be considered, written protests must be submitted to the Planning and Zoning Office no later than noon on the working day prior to the Planning and Zoning Commission meeting. Providing written input to the Planning and Zoning Office at least ten days prior to the hearing will allow your concerns to be addressed in the Staff Report. Written comments may be delivered to the Planning & Zoning Office at 415 North Richardson Avenue, or sent to: City of Roswell, Zoning Administrator, PO BOX 1838, Roswell, NM 88202-1838 or via email to m.hildreth@roswell-nm.gov or submitted in person to the Planning & Zoning Office. The information packet for this zoning case will be available after 1:00 p.m., on Wednesday, October 16, 2019. You may inspect the information packet in detail at the Planning & Zoning Office located on the first floor of City Hall Annex at 415 North Richardson Avenue. The P&Z Packet may be viewed online at www.roswell-nm.gov. Copies of the information packet may be obtained from the Planning and Zoning Office at a cost of 35 cents per sheet. The City’s Zoning Ordinance is available online at: http://roswell-nm.gov/189/Planning-Zoning. If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Human Resources at 575-624-6700 at least one week prior to the meeting or as soon as possible. Public documents including the agenda and minutes can be provided in various accessible formats. Please contact the City Clerk at 575-624-6700 if a summary or other type of accessible format is needed. Respectfully, Merideth Hildreth 13 (Area Map on Reverse Side ) Planning & Zoning Administrator  EXHIBIT D: CASE 19-019 (SUP) CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR A SPECIAL USE PERMIT FOR A PROFESSIONAL OFFICE IN R-3 AND PROPERTIES WITHIN NOTIFICATION AREA 14 Perez 3 4 2 5 6 13 House demolished, property rezoned 7 from R-1 to R-3 Zoning Case 18-013 ZOC and lots consolidated 8 1 12 5 9 11 10 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA 609 W COUNTRY CLUB ROAD 14 1. SBC&W, LLC 13. USAA FEDERAL SAVINGS BANK PO BOX 429 8950 CYPRESS WATERS BLVD ROSWELL, NM 88202 COPPELL, TX 75019 TOBY GROSS 14. RAYMOND J URIAS & AMANDA C URIAS TNT CONSTRUCTION, LLC 2508 N WASHINGTON AVE ROSWELL, NM 88202 ROSWELL, NM 88201 2. JUAN P LUJAN 2505 N WASHINGTON AVE ROSWELL, NM 88201 3. DENISE STEPHANIE CORONADO 2507 N WASHINGTON AVE ROSWELL, NM 88201 4. KENNETH A LAWRENCE 608 ROSEMARY LANE ROSWELL, NM 88201 5. JOSEPH N ROHRER & SYBIL C ROHRER 606 ROSEMARY LANE ROSWELL, NM 88201 6. RODOLFO PEREZ & SHELLY PEREZ 604 ROSEMARY LN ROSWELL, NM 88201 7. ROSWELL HOSPITAL CORPORATION PROPERTY VALUATION SERVICES 14400 METCALF AVENUE OVERLAND PARK, KS 66223 8. MARKEL INVESTMENTS LLC; SBC&W LLC 605 W COUNTRY CLUB ROAD ROSWELL, NM 88201 9. ROSWELL CLINIC CORP PROPERTY VALUATION SERVICES 14400 METCALF AVENUE OVERLAND PARK, KS 66223 10. NEW MEXICO MILITARY INSTITUTE ATT: DIRECTOR OF FACILITIES 101 W COLLEGE BLVD ROSWELL, NM 88201 11. COUNTRY CLUB ROAD CHURCH OF CHRIST, INC PO BOX 81 ROSWELL, NM 88203 12. SBC&W, LLC PO BOX 429 ROSWELL, NM 88202 15 16  EXHIBIT B: STAFF SUMMARY FOR CASE 19-020 (VAR) 112 -114 E ALBUQUERQUE STREET (PAGE 1 OF 4) Roswell Planning & Zoning Commission Tuesday, October 22, 2019 Meeting Room A; Roswell Convention & Civic Center 912 North Main Street APPLICATION: CASE 19-020 (VAR): REQUESTING VARIANCE TO ALLOW TENT CAMPING AT THE TRANSITIONAL HOUSING SHELTER IN THE C-2 ZONING DISTRICT I. Property Location: 112-114 E ALBUQUERQUE STREET Legal Description: Subd: PHYSICIANS DEVELOPMENT SUMMARY REPLAT Block: 0 Lot: 25A S: 4 T: 11S R: 24E BK 700 PG 198 QCD (CORR) Owner: ROSWELL HOMELESS COALITION Agent: CITY OF ROSWELL, NEW MEXICO Request: Applicant is requesting a variance to allow tent camping within the fenced area of the Shelter’s property boundary in the C-2 (Community Commercial Zoning District) II. Site Data: Site Area: 13,972 SF (approximately 139.65’ by 100.2’) UPC: 4136062056243000000 Existing Land Use: Transitional Housing – Men’s Shelter Proposed Land Use: Same – with tent camping within the fenced area of the Shelter’s property Existing Zoning: C-2 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Commercial C-2 South Vacant House & House that appears occupied C-2 East Commercial C-2 West Vacant Lot and next lot west is Commercial C-2 17  EXHIBIT B: STAFF SUMMARY FOR CASE 19-020 (VAR)  112-114 E ALBUQUERQUE STREET (PAGE 2 OF 4) Chaves County Assessor’s Map Google Earth Map of Zoning Map for 19-020 (VAR) property showing fence area Image Date: 6/29/2019 18  EXHIBIT B: STAFF SUMMARY FOR CASE 19-020 (VAR) 112-114 E ALBUQUERQUE STREET (PAGE 3 OF 4) III. Intent of Petition: The City of Roswell is requesting a variance to allow tent camping within the fenced area of the Shelter’s property boundary in the C-2 (Community Commercial Zoning District) IV. Land Use and Zoning Considerations: 1. The property under consideration is currently zoned C-2. 2. The property is approximately 140’ wide by 100’ in depth. 3. The property was recently donated to the Roswell Homeless Coalition by Rivers of Life International, Inc., and is currently being used for Transitional Housing as a Men’s Shelter. 4. Tent camping would be allowed only on the premises within the boundaries of the existing 6’ tall metal screened fence. 5. The surrounding properties are also zoned C-2. Staff Photo of Shelter property with 6’ tall screen fence 19  EXHIBIT B: STAFF SUMMARY FOR CASE 19-020 (VAR) 112-114 E ALBUQUERQUE STREET (PAGE 4 OF 4) V. Findings of Fact (Conclusions of Law): 1. A notice of the time and place of the public hearing for this case was published in the Roswell Daily Record at least fifteen (15) days prior to the date of this hearing. 2. Notification of the public hearing was mailed via certified mail with return receipt requested to property owners of record, as shown by the Chaves County Assessor, with lots or land within one-hundred (100) feet of the area under consideration, excluding public rights-of-way. 3. This agenda which includes this case has been posted at City Hall and on the City of Roswell’s website for over seventy-two (72) hours as required by State of New Mexico law for a public hearing. 4. As of the time of this writing, there have been zero (0) written protests, one (1) verbal protest, one (1) verbal concern, and zero (0) written letters of support received by the Planning & Zoning Office. VI. Staff Recommendation: Based on the findings of fact, the nature of the proposed land use consideration, the lot size and lot configuration, the surrounding land uses, the zoning district, and the regulations established in the Zoning Ordinance, Staff recommends approval of Zoning Case 19-020 VAR. VII. Action by the Planning & Zoning Commission: The Planning and Zoning Commission may make a motion to approve or deny this application based on Findings of Fact, Land Use and Zoning Considerations, and testimony and material introduced at the hearing. 20  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR ZONING CASE 19-020 (VAR) LETTER SENT VIA CERTIFIED MAIL ON OCTOBER 7, 2019 TO SURROUNDING PROPERTY OWNERS CITY OF ROSWELL COMMUNITY DEVELOPMENT DEPARTMENT Planning & Zoning Office PO Box 1838, Roswell, NM 88202-1838 415 N Richardson Avenue, Roswell, NM 88201 Telephone: (575) 637-6294 Fax: (575) 637-6277 RE: PUBLIC HEARING NOTICE for ZONING CASE 19-020 (VAR) You have received this notice via certified mail because Chaves County Assessor information indicates you are a property owner of record within 100 feet of City of Roswell Planning & Zoning Case 19-020 VAR. The zoning case is a request for a variance to allow tent camping at the transitional housing shelter in the C-2 Zoning District. OWNER OF PROPERTY: Roswell Homeless Coalition AGENT: City of Roswell, New Mexico PROPERTY LOCATION: 114 E Albuquerque Street LEGAL DESCRIPTION: Subd: PHYSICIANS DEVELOPMENT SUMMARY REPLAT Block: 0 Lot: 25A S: 4 T: 11S R: 24E BK 700 PG 198 QCD (CORR). REQUEST: A request for a variance to allow tent camping within the fenced area of the Shelter’s property boundary in C-2 (Community Commercial Zoning District). The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning case on Date: TUESDAY, OCTOBER 22, 2019 at 6:00 p.m., in Meeting Room A at the Roswell Convention & Civic Center, located at 912 North Main Street. You are entitled, although not obligated, to comment either in writing to our office or in person at the hearing. To be considered, written protests must be submitted to the Planning and Zoning Office no later than noon on the working day prior to the Planning and Zoning Commission meeting. Providing written input to the Planning and Zoning Office at least ten days prior to the hearing will allow your concerns to be addressed in the Staff Report. Written comments may be delivered to the Planning & Zoning Office at 415 North Richardson Avenue, or sent to: City of Roswell, Zoning Administrator, PO BOX 1838, Roswell, NM 88202-1838 or via email to m.hildreth@roswell-nm.gov or submitted in person to the Planning & Zoning Office. The information packet for this zoning case will be available after 1:00 p.m., on Wednesday, October 16, 2019. You may inspect the information packet in detail at the Planning & Zoning Office located on the first floor of City Hall Annex at 415 North Richardson Avenue. The P&Z Packet may be viewed online at www.roswell-nm.gov. Copies of the information packet may be obtained from the Planning and Zoning Office at a cost of 35 cents per sheet. The City’s Zoning Ordinance is available online at: http://roswell-nm.gov/189/Planning-Zoning. If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Human Resources at 575-624-6700 at least one week prior to the meeting or as soon as possible. Public documents including the agenda and minutes can be provided in various accessible formats. Please contact the City Clerk at 575-624-6700 if a summary or other type of accessible format is needed. Respectfully, Merideth Hildreth 21 (Area Map on Reverse Side ) Planning & Zoning Administrator  EXHIBIT D: CASE 19-020 (VAR) CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR A VARIANCE IN ZONING IN THE C-2 ZONING DISTRICT AND PROPERTIES WITHIN NOTIFICATION AREA 4 5 6 8 7 3 2 1 10 9 15 14 13 12 11 5 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA 114 E ALBUQUERQUE STREET 22 1. ROSWELL HOMELESS COALITION 13. PHILLIP RODRIGUEZ & SONIA RODRIGUEZ PO BOX 4246 2182 N PECOS RD TRLR 5 ROSWELL, NM 88202 LAS VEGAS, NV 89115 2. JORGE GUERRA & LETICIA GUERRA 2517 N ASPEN AVE 14. PHILLIP RODRIGUEZ & SONIA RODRIGUEZ ROSWELL, NM 88201 2182 N PECOS RD TRLR 5 LAS VEGAS, NV 89115 3. JORGE GUERRA & LETICIA GUERRA 2517 N ASPEN AVE ROSWELL, NM 88201 15. MARIO RIVERA & VIRGINIA RIVERA 107 E BLAND ST 4. VINCENT S ALBAREZ ESTATE ROSWELL, NM 88203 1502 S UNION AVE ROSWELL, NM 88203 5. VINCENT S ALBAREZ ESTATE 1502 S UNION AVE ROSWELL, NM 88203 6. JOSEPH R MUNDZAK 111 E ALBUQUERQUE ST ROSWELL, NM 88203 7. SALLY J ROEHLK 3201 ENCANTO DR ROSWELL, NM 88201 8. SPITZER ELECTRICAL COMPANY 6601 WASHTINGTON ST THORNTON, CO 80229 SPITZER ELECTRICAL COMPANY 511 S VIRGINIA AVE ROSWELL, NM 88203 9. WAYNE C BUTTS & KATHIE B BUTTS 603 S KENTUCKY AVE ROSWELL, NM 88203 10. DONALD J ELKINS 1103 MIMOSA DR ROSWELL, NM 88201 11. RICHARD ARAGON & JANE ARAGON 203 E BLAND STREET ROSWELL, NM 88203 12. RICARDO CARLOS CANALES ORLANDO CANALES & JUAN CANALES 2118 PLYMOUTH ROCK RD ABILENE, TX 79601-4728 23 24  EXHIBIT B: STAFF SUMMARY FOR CASE 19-021 (VAR) 400 E BLAND STREET (PAGE 1 OF 4) Roswell Planning & Zoning Commission Tuesday, October 22, 2019 Meeting Room A; Roswell Convention & Civic Center 912 North Main Street APPLICATION: CASE 19-021 (VAR): REQUESTING VARIANCE TO ALLOW TENT CAMPING AT THE TRANSITIONAL HOUSING SHELTER IN THE C-1 ZONING DISTRICT I. Property Location: 400 E Bland Street Legal Description: Subd: SOUTH ROSWELL Block: 34 Lot: 1 BK 604 PG 1546 WD Owner: ROSWELL HOMELESS COALITION Agent: CITY OF ROSWELL, NEW MEXICO Request: Applicant is requesting a variance to allow tent camping within the fenced area of the Shelter’s property boundary in the C-1 (Neighborhood Commercial Zoning District) II. Site Data: Site Area: 7,000 SF (approximately 50’ by 140’) UPC: 4136062163281000000 Existing Land Use: Transitional Housing – Womens’ Shelter Proposed Land Use: Same – with tent camping within the fenced area of the Shelter’s property Existing Zoning: C-1 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Residential R-3 South Residential R-2 East Residential R-3 West Residential R-3 25 EXHIBIT B: STAFF SUMMARY FOR CASE 19-021 (VAR)  400 E BLAND STREET (PAGE 2 OF 4) Chaves County Assessor’s Map Zoning Map for 19-021 (VAR) 26  EXHIBIT B: STAFF SUMMARY FOR CASE 19-021 (VAR) 400 E BLAND STREET (PAGE 3 OF 4) III. Intent of Petition: The City of Roswell is requesting a variance to allow tent camping within the fenced area of the Shelter’s property boundary in the C-1 (Neighborhood Commercial Zoning District) IV. Land Use and Zoning Considerations: 1. The property under consideration is currently zoned C-1. 2. The property is approximately 50’ wide by 140’ in depth. 3. The property was recently donated to the Roswell Homeless Coalition by Rivers of Life International, Inc., and is currently being used for Transitional Housing as a Women’s Shelter. 4. Tent camping would be allowed only on the premises under consideration within the boundaries of a 6’ tall metal screened fence. (Currently there is an existing chain link fence on the north side of the property.) 5. The surrounding properties are zoned R-3 and R-2 Residential. Staff Photo of Shelter property with chain 6’ tall link fence 27  EXHIBIT B: STAFF SUMMARY FOR CASE 19-021 (VAR) 400 E BLAND STREET (PAGE 4 OF 4) V. Findings of Fact (Conclusions of Law): 1. A notice of the time and place of the public hearing for this case was published in the Roswell Daily Record at least fifteen (15) days prior to the date of this hearing. 2. Notification of the public hearing was mailed via certified mail with return receipt requested to property owners of record, as shown by the Chaves County Assessor, with lots or land within one-hundred (100) feet of the area under consideration, excluding public rights-of-way. 3. This agenda which includes this case has been posted at City Hall and on the City of Roswell’s website for over seventy-two (72) hours as required by State of New Mexico law for a public hearing. 4. As of the time of this writing, there have been zero (0) written and zero (0) verbal protests, zero (0) written letters of support, and one (1) verbal response of support received by the Planning & Zoning Office. VI. Staff Recommendation: Based on the findings of fact, the nature of the proposed land use consideration, the lot size and lot configuration, the surrounding land uses, the zoning district, and the regulations established in the Zoning Ordinance, Staff recommends approval of Zoning Case 19-021 VAR with the condition that the area for tent camping be contained within the area on the north side of the property with a 6’ tall solid screen fence that is property permitted through the Planning & Zoning Office. VII. Action by the Planning & Zoning Commission: The Planning and Zoning Commission may make a motion to approve or deny this application based on Findings of Fact, Land Use and Zoning Considerations, and testimony and material introduced at the hearing, with or without specified conditions. 28  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR ZONING CASE 19-021 (VAR) LETTER SENT VIA CERTIFIED MAIL ON OCTOBER 7, 2019 TO SURROUNDING PROPERTY OWNERS CITY OF ROSWELL COMMUNITY DEVELOPMENT DEPARTMENT Planning & Zoning Office PO Box 1838, Roswell, NM 88202-1838 415 N Richardson Avenue, Roswell, NM 88201 Telephone: (575) 637-6294 Fax: (575) 637-6277 RE: PUBLIC HEARING NOTICE for ZONING CASE 19-021 (VAR) You have received this notice via certified mail because Chaves County Assessor information indicates you are a property owner of record within 100 feet of City of Roswell Planning & Zoning Case 19-021 VAR. The zoning case is a request for a variance to allow tent camping at the transitional housing shelter in the C-1 Zoning District. OWNER OF PROPERTY: Roswell Homeless Coalition AGENT: City of Roswell, New Mexico PROPERTY LOCATION: 400 E Bland Street LEGAL DESCRIPTION: Subd: SOUTH ROSWELL Block: 34 Lot: 1 BK 604 PG 1546 WD REQUEST: A request for a variance to allow tent camping within the fenced area of the Shelter’s property boundary in C-1 (Neighborhood Commercial Zoning District). The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning case on Date: TUESDAY, OCTOBER 22, 2019 at 6:00 p.m., in Meeting Room A at the Roswell Convention & Civic Center, located at 912 North Main Street. You are entitled, although not obligated, to comment either in writing to our office or in person at the hearing. To be considered, written protests must be submitted to the Planning and Zoning Office no later than noon on the working day prior to the Planning and Zoning Commission meeting. Providing written input to the Planning and Zoning Office at least ten days prior to the hearing will allow your concerns to be addressed in the Staff Report. Written comments may be delivered to the Planning & Zoning Office at 415 North Richardson Avenue, or sent to: City of Roswell, Zoning Administrator, PO BOX 1838, Roswell, NM 88202-1838 or via email to m.hildreth@roswell-nm.gov or submitted in person to the Planning & Zoning Office. The information packet for this zoning case will be available after 1:00 p.m., on Wednesday, October 16, 2019. You may inspect the information packet in detail at the Planning & Zoning Office located on the first floor of City Hall Annex at 415 North Richardson Avenue. The P&Z Packet may be viewed online at www.roswell-nm.gov. Copies of the information packet may be obtained from the Planning and Zoning Office at a cost of 35 cents per sheet. The City’s Zoning Ordinance is available online at: http://roswell-nm.gov/189/Planning-Zoning. If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Human Resources at 575-624-6700 at least one week prior to the meeting or as soon as possible. Public documents including the agenda and minutes can be provided in various accessible formats. Please contact the City Clerk at 575-624-6700 if a summary or other type of accessible format is needed. Respectfully, Merideth Hildreth (Area Map on Reverse Side ) Planning & Zoning Administrator 29  EXHIBIT D: CASE 19-021 (VAR) CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR A VARIANCE IN ZONING IN THE C-1 ZONING DISTRICT AND PROPERTIES WITHIN NOTIFICATION AREA 5 6 7 8 4 3 2 1 10 9 15 14 13 12 11 5 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA 400 E BLAND STREET 30 1. ROSWELL HOMELESS COALITION 13. IRMA SALAYANDIA PO BOX 4246 401 E DEMING ST ROSWELL, NM 88202 ROSWELL, NM 88203 2. ROSWELL HOMELESS COALITION 14. NICKEA MARIA REAGOR & ROBERT JOHNSON PO BOX 4246 2960 BIRCH ST ROSWELL, NM 88202 DENVER, CO 80207 3. LORENZA RAMIREZ 15. MIKE HERNANDEZ 1205 WIGGINS RD 309 E DEMING ST ROSWELL, NM 88201 ROSWELL, NM 88203 4. LALO RUIZ 310 E BLAND ST ROSWELL, NM 88203 5. EPI GRIEGO & MANUELA GRIEGO 311 3 BLAND ST ROSWELL, NM 88203 6. COTYES MAYO & BELINDA PARKER & ALEACE MYRICK 3 CEDAR DR ROSWELL, NM 88203 7. ST JOHN PARISH INC ROSWELL 1280 MED PARK RD LAS CRUCES, NM 88005 ST JOHN’S PARISH 401 E BLAND ST ROSWELL, NM 88203 8. RAYMOND ROMERO & RUDY ROMERO 2805 N ORCHARD AVE ROSWELL, NM 88201 9. JOSE ALDAVAZ JR & BRANDIE ALARCON 404 E BLAND ST ROSWELL, NM 88203 10. SHAWN SHAW & PATRICIA SHAW 402 E BLAND ST ROSWELL, NM 88203 11. KYLE OSBORNE & DENISE OSBORNE 11000 SAN RAFAEL AVE NE ALBUQUERQUE, NM 87122 12. INEZ GRIFFIN & MOZELLA WRIGHT 3916 FARGO WAY NORTH HIGHLANDS, CA 95660 31  AGENDA ITEM F.4. TEXT AMENDMENTS TO ARTICLE 52: BUILDING STANDARDS AND PERFORMANCES SECTION 4: ACCESSORY USES SECTION 5: EXCEPTIONS TO REQUIRED YARDS STAFF SUMMARY FOR TEXT AMENDMENTS PROPOSED ORDINANCE NO. 19-XX City of Roswell Planning & Zoning Commission Agenda Tuesday, October 22, 2019 at 6:00 PM Meeting Room A, Roswell Convention & Civic Center 912 N Main Street, Roswell, NM ACTION REQUESTED: PROPOSED TEXT AMENDMENTS TO THE CITY OF ROSWELL ZONING ORDINANCE FOR THE FOLLOWING Staff requests Planning and Zoning Commission review, comment, and recommendation of Proposed Text Amendments: ARTICLE 52: BUILDING STANDARDS AND PERFORMANCES Initiated by: Bill Morris, Community Development Director BACKGROUND: Staff proposes modification of the Zoning Ordinance to amend the text regarding Accessory Uses. FINANCIAL CONSIDERATION: There are no additional costs associated with this request. LEGAL REVIEW: Legal Committee will review these proposed text amendments upon recommendation by Planning & Zoning Commission. If recommended for approval, the text amendment will be submitted to the City Council for final action. BOARD OR COMMITTEE ACTION: Request Planning & Zoning Commission review, discuss, and make recommendation on text amendments. STAFF RECOMMENDATION: Staff Recommends Planning & Zoning Commission review and consider recommending approval of this Item at the October 22, 2019 Planning & Zoning Commission Meeting. 32 ARTICLE 52: BUILDING AND PERFORMANCE STANDARDS Section 4. Accessory Uses A. For residential zoned districts, 3 2 sets of plans containing a site plan with overhead and underground utilities noted and structure design shall be required for all accessory structures. All construction shall comply with the latest City approved and accepted New Mexico Building Code, International Building Code, International Fire Code, National Electrical Code, Uniform Mechanical Code, and Uniform Plumbing Code. Accessory structures uses shall also meet the following requirements: 1. An accessory building shall be compatible with the principal building that it serves and shall not be constructed prior to the construction of the principal building, except when used for agricultural purposes in the R-S district. 2. Location of an accessory structure shall meet the following requirements: a. Shall not be within the front yard setback established and permitted for a lot in that zoning district. b. Shall be a minimum of 5’ from all shared property lines. A shared property line is a side or rear property line abutting a neighboring property with no alley or easement in between. c. Shall be a minimum of 15’ 10’ or at the discretion of Planning & Zoning staff and the City Engineer to ensure clear sight triangle from the street side yard property line for corner lots. d. Shall be a minimum of 10’ from the principal building and/or any other structure on that lot. with the exception of carports and pergolas which may be attached or unattached with no specified distance between carport or pergola and principle structure. e. Structures must be an additional 1’ from side and rear property lines for every 1’ in height over 12’ while meeting all other applicable setback requirements. f. Structures 120 200 square feet or less not requiring a building permit shall require a placement permit to ensure adequate setbacks are met. 3. Accessory structures shall not occupy more than 40% of the required Rear Yard Ordinance 19-02 75 Amended March 14, 2019 setback area, nor have more floor area than the principal structure it serves, nor exceed the height of the principal building it serves. 4. All runoff or drainage from an accessory structure shall remain on the lot that it serves and shall not encroach on an abutting lot or alley. 5. Tanks used for storage of fuel used for heating shall be located in the rear yard or side yard and shall not be closer than 10 feet to the principle building or structure that it serves, or any other structure, and 5 10’ feet from the interior side property line and 30’ from street side yard setback on corner lots. 6. In-ground swimming pools and ponds shall be a minimum of 40 feet from the front property line, 5 foot from interior and rear property lines, 15 feet from street side property lines, and 10 feet from any other structure on the lot except with a joint administrative adjustment granted by the Building Official and Planning & Zoning 33  Staff. Construction shall comply with the latest approved International Building Code standards per the City. B. For commercial and industrial zoned districts, 3 sets of plans containing a site plan with overhead and underground utilities noted and structure design shall be required for all accessory structures. All construction shall comply with the latest City approved and accepted New Mexico Building Code, International Building Code, International Fire Code, National Electrical Code, Uniform Mechanical Code, and Uniform Plumbing Code. Accessory structures uses shall also meet the following requirements: 1. An accessory building shall be compatible with the principal building that it serves, shall not occupy any required parking space or area as determine by Planning and Zoning Staff, and shall not be constructed prior to the construction of the principal building. 2. Location of an accessory structure shall meet the following requirements: a. Shall not be within the front yard setback established and permitted for a lot in that zoning district. b. Shall be a minimum of 5’ from all shared property lines. A shared property line is a side or rear property line abutting a neighboring property with no alley or easement in between. c. Shall be a minimum of 30’ or at a distance at the discretion of Planning & Zoning staff and the City Engineer to ensure clear sight triangle and other considerations from the street side yard property line for corner lots. d. Shall be a minimum of 10’ from the principal building with the exception of carports and pergolas which may be attached or unattached with no specified distance between carport or pergola and principle structure. e. Structures 120 square feet or less not requiring a building permit shall require a placement permit to ensure adequate setbacks are met. 3. Accessory structures shall not occupy more than 40% of the required Rear Yard Ordinance 19-02 75 Amended March 14, 2019 setback area, nor have more floor area than the principal structure it serves, nor exceed the height of the principal building it serves. 4. All runoff or drainage from an accessory structure shall remain on the lot that it serves and shall not encroach on an abutting lot or alley. 5. Tanks used for storage of fuel used for heating shall be located in the rear yard or side yard and shall not be closer than 10 feet to the principle building or structure that it serves, or any other structure, and 10’ from interior side property line and 30’ from street side yard setback on corner lots. 6. In-ground swimming pools and ponds shall be a minimum of 40 feet from the front property line, 5 foot from interior and rear property lines, 15 feet from street side property lines, and 10 feet from any other structure on the lot except with a joint administrative adjustment granted by the Building Official and Planning & Zoning Staff. Construction shall comply with the latest approved International Building Code standards per the City. 34 Section 5. Exceptions to Required Yards A required yard space shall remain open and unobstructed, except as follows: A. Eaves, overhangs, ornamental features, and other common projections normally associated with residential dwellings may project no more than 18 inches into required yard spaces. B. Open stairways, balconies, and chimneys may project no more than 5 feet into required yard. C. A non-enclosed porch, carport, or terrace shall not project more than 5 feet into the required front yard spaces. D. A non-enclosed porch or patio shall not project more than 10 feet into the required rear yard spaces. E. Where a lot is adjacent to a lot with a principal building that projects into the required front yard setback and if both lots are in the same block on the same side of the street, then the required front yard setback of the lot may be that as established by the adjacent principal building setback. 35