Planning & Zoning Commission

AMENDED City of Roswell Planning & Zoning Commission Agenda Tuesday, July 28, 2020 at 6:00 PM Meeting Room A, Roswell Convention & Civic Center 912 N Main Street, Roswell, NM Chair: David Storey; Vice Chair: James MacCornack; Secretary: Jesse McDaniel Members: Saul Aguilar, Jana Lessard, Steve Henderson, Daniel M. Lopez, Sr. City Engineer, Louis Najar, P.E.; Community Development Director: William Morris, AICP, CZO; Planning & Zoning Administrator: Merideth Hildreth, AICP; Planning & Zoning Technician: Miguel Martinez, CZO A. Call to Order B. Roll-Call C. Swearing In D. Approval of the Agenda E. Approval of the June 23, 2020 P&Z Regular Meeting Minutes Pg. 3 F. Public Hearing Items 1. CASE 20-012 SUP: A request for a Special Use Permit in the R-3 Residential Zoning District for a one-chair hair salon in home. Subd: CHAMBERS REDIV Lot: 7 Quarter: SE S: 32 T: 10S R: 24E BK: 776 PG: 1380 (REC). ADDRESS: 205 W Seventh Street, (OWNER: Connie Haskew). Pg. 8 2. CASE 20-013 VAR: A request for a Variance to extend existing garage an additional 4’ into front yard setback in the R-1 Residential Zoning District. Subd: SOUTH HIGHLANDS EXT B Block: 2 Lot: 17 BK: 323 PG: 149 WD. ADDRESS: 1503 S Lea Avenue, (OWNERS: Greg Etter & Sally Etter). Pg. 16 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 20-26. 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: July 24, 2020 Page 1 of 26 "THE PUBLIC IS ENCOURAGED TO PARTICIPATE ELECTRONICALLY THROUGH THE GOTO MEETING APPLICATION AND NOT PHYSICALLY ATTEND DURING THE PANDEMIC." TO ATTEND THE PLANNING & ZONING BY GO TO MEETING Tuesday, July 28, 2020 6:00 PM – 8:00 PM (MDT) Please join my meeting from your computer, tablet or smartphone. https://global.gotomeeting.com/join/518430445 You can also dial in using your phone. United States: +1 (786) 535-3211 Access Code: 518-430-445 Supported Devices One-touch: tel:+14865353211,,518430445# New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/join/518430445 Help Desk – 575.500.0587 Page 2 of 26  P&Z REGULAR MEETING DRAFT MINUTES Roswell Planning & Zoning Commission Tuesday, June 23, 2020 - 6:00 PM Roswell Convention Center 912 North Main Street Members: David Storey, Jesse McDaniel, Saul Aguilar, James MacCornack, Jana Lessard, Steve Henderson, Daniel Lopez 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 Resolution 20-26. A. CALL TO ORDER AND WELCOME – Vice Chair David Storey The regular meeting of the Planning & Zoning Commission was called to order at approximately 6:00 p.m. by Vice Chair Storey. B. ROLL-CALL David Storey PRESENT Jesse McDaniel ABSENT Saul Aguilar PRESENT Jana Lessard ABSENT James MacCornack PRESENT Steve Henderson PRESENT Daniel Lopez PRESENT Staff Members Present: William Morris, AICP, CZO, Director of Community Development Merideth Hildreth, AICP, Planning & Zoning Administrator Miguel Martinez, CZO, Planning & Zoning Technician Louis Najar, P.E., City Engineer Audience Members Present: Michael Douglas, Smith Engineering Via Telephone: Stephanie Lopez, Ami Moody C. SWEARING IN: Commissioner Henderson swore in staff and members of the audience. D. APPROVAL OF THE AGENDA Commissioner Aguilar MOTIONED to move item number 4 Planning & Zoning Commissioners Election of Officers from number 4 to number 1 and approve the agenda for the Tuesday, June 23, 2020 Planning and Zoning Commission as amended. Seconded by Commissioner MacCornack. The motion passed by a voice vote of five to zero with Commissioners Lessard and McDaniel being absent. Page 3 of 26 E. MINUTES: Consider approval of the May 26, 2020 Planning & Zoning Commission Regular Meeting Minutes Commissioner MacCornack MOTIONED to accept the minutes from the May 26, 2020 Planning & Zoning Commission regular meeting as presented. Seconded by Commissioner Henderson. The motion passed by a voice vote of three to zero with Commissioners Henderson and Lopez abstaining and Commissioners Lessard and McDaniel being absent. (Note: Riley Armstrong and Jana Lessard were present at the May 26, 2020 meeting, but not present at the June 23, 2020 meeting). F. PUBLIC HEARING ITEMS: 1. PLANNING & ZONING COMMISSION MEMBERS Election of officers to serve from June 2020 through March 2021: Chair, Vice Chair, and Secretary. MOTION TO ELECT P&Z COMMISSION OFFICERS BEGINNING ON JUNE 23, 2020 AND ENDING MARCH 31, 2021 Commissioner Henderson MOTIONED to nominate David Storey to the position of Chair. Seconded by Commissioner MacCornack. The motion passed by a voice vote of five to zero with Commissioners Lessard and McDaniel being absent. Commissioner Henderson MOTIONED to nominate Commissioner MacCornack to the position of Vice Chair. Seconded by Commissioner Aguilar. The motion passed by a voice vote of five to zero with Commissioners Lessard and McDaniel being absent. Commissioner Aguilar MOTIONED to nominate Commissioner McDaniel to the position of Secretary. Seconded by Commissioner MacCornack. The motion passed by a voice vote of five to zero with Commissioners Lessard and McDaniel being absent. 2. CASE 20-009 ZOC: A request for a Change in Zoning from R-3 Residential Zoning District to C- 4 Commercial Business District. Subd: WEST SIDE Block: 19 Lot: 12 Quarter: SE S: 32 T: 10S R: 24E BK:829 PG:1134 QCD. ADDRESS: 209 N Missouri Avenue. (OWNER: HISTORICAL SOCIETY OF SOUTHEAST NEW MEXICO.) Chair Storey introduced Case 20-009, a request for a change of zoning from R-3 to C-4 at 209 N Missouri Avenue. Commissioner Aguilar MOTIONED to waive the Reading of the Finding of Facts with respect to Case 20-009. Seconded by Commissioner MacCornack. The motion passed by a voice vote of five to zero with Commissioners Lessard and McDaniel being absent. Page 4 of 26  Chair Storey: Is there anyone wishing to speak in favor of Case: 20-009? Mike Douglas with Smith Engineering, Agent for the Historical Society for Southeast New Mexico: Requested rezoning of the north lot to C-4 of a vacant piece of property on the other side of the alley from the Historical Society’s buildings. The prospective buyer would like to build an office building. There are three vacant lots; the south two lots are already zoned C-4 and the north lot is R-3. In order to build the office building, they need the north lot rezoned to C-4. Parking will be on the north lot under consideration for the rezoning. Architect Alan Tucker submitted a conceptual site plan to City Staff who approved the conceptual plan with the building on the south part and parking on the north. Entrance will be on Missouri and exit through the paved alley. Chair Storey: Is there anyone wishing to speak against Case: 20-009? Against: None Staff Comments: Mr. Morris: This request is compatible with the area and provides a nice transitional use from straight commercial located on Second Street and a buffer to the residential to the north. The daytime 8 a.m. to 5 p.m. nature of office uses are compatible with residential with the exchange of impacts. Staff supports this request for rezoning. MOTION – 20-009 ZOC Commissioner Henderson MOTIONED to approve Case Number 20-009 along with the land use and zoning considerations, finding of facts, staff recommendations, and testimony we have received. Seconded by Commissioner Aguilar. The motion passed by a voice vote of five to zero with Commissioners Lessard and McDaniel being absent. 3. CASE 20-010 PPLAET: A request for approval of a Preliminary Plat to subdivide a 10.5 acre lot into a Subdivision to be known as Aspen Estates from a Portion of Lot 1 in Block 3 of Willow Acres Redivision in the ETZ Rural Suburban Zoning District. Legal Description: Subd: WILLOW ACRES REDIV Block: 3 Lot: 1 S2N2 / N2S2 S: 19 T: 10S R: 24E BK:834 PG:694 WD. ADDRESS: 1 McKay Place (at Aspen Avenue and W 27th Street). (OWNER: JMCG, LLC / AGENT: Smith Engineering Company). 4. CASE 20-011 FPLAT: A request for approval of a Final Plat to subdivide a 10.5 acre lot into a Subdivision to be known as Aspen Estates from a Portion of Lot 1 in Block 3 of Willow Acres Redivision in the ETZ Rural Suburban Zoning District. Legal Description: Subd: WILLOW ACRES REDIV Block: 3 Lot: 1 S2N2 / N2S2 S: 19 T: 10S R: 24E BK:834 PG:694 WD. ADDRESS: 1 McKay Place (at Aspen Avenue and W 27th Street). (OWNER: JMCG, LLC / AGENT: Smith Engineering Company). Page 5 of 26 Chair Storey introduced both Cases 20-010 PPLAT and 20-011 FPLAT, a request for approval of a Preliminary Plat and a Final Plat to subdivide a 10.5 acre lot into a six-lot Subdivision to be known as Aspen Estates from a Portion of Lot 1 in Block 3 of Willow Acres Redivision in the ETZ Rural Suburban Zoning District Commissioner Aguilar MOTIONED to waive the Reading of the Finding of Facts and Land Use and Zoning Considerations with respect to Cases 20-010 and 20-011. Seconded by Commissioner Henderson. The motion passed by a voice vote of five to zero with Commissioners Lessard and McDaniel being absent. Chair Storey: Is there anyone wishing to speak in favor of Cases: 20-010 PPLAT AND 20- 011 FPLAT? Mike Douglas with Smith Engineering, Agent for the Owners of 1 McKay Place: This replat is for the 10.5 acre parcel at 1 McKay Place on Aspen Avenue between Country Club Road and Mescalero Road. This area was subdivided in 1960 and again in 1983 except this parcel. The parcels around it were subdivided into one-acre parcels. The residential dwelling on this parcel had fallen into disrepair and has been demolished. The owners hope to subdivide the 10.5 acre parcel into 1.5 to 1.9 acre parcels. The parcel under consideration is outside the city limits in the ETZ and still in the City of Roswell’s planning and platting jurisdiction. Last Tuesday (June 16, 2020) the Extraterritorial Commission (ETZ) approved a variance from the 5 acre minimum lot size in size. If approved tonight, it still needs approval from City Council and the County Commission. Mr. Morris: This subdivision is consistent with land use patterns in the area. Provision of utilities has been taken into consideration as was the compatibility with the surrounding land uses. Planning Staff recommends approval. Mr. Najar: City of Roswell 8” water line dead-ends at the southeast corner of the property. The developer will install the transmission line at the developer’s cost north from the end of the existing 8” water line and west into the cul-de-sac where the line will dead-end. Smith Engineering’s analysis of the line that will dead-end into the cul-de-sac found there will be sufficient pressure for fire protection to properties in the cul-de-sac. Smith Engineering will oversee construction of the transmission line that will meet City of Roswell Specifications. Once installed and approved to specifications, City of Roswell will take over maintenance of the 8” water line and the line into the cul-de-sac and the smart water meters to be installed when the lots are developed. Other developers will be able to extend the transmission line further north. The cost of water meters in Chaves County and the monthly service fee will be double the rate per City of Roswell ordinances. This project has been to the Infrastructure Committee twice. The lots will have to contract with private solid waste. Since the nearest sewer main is down around Cielo Grande there will be no sewer available; each lot owner will be responsible for obtaining a permit from the New Mexico Environmental Department and installation of a septic system. The cul-de-sac will be a dedicated street. Page 6 of 26  Mr. Douglas: The street will remain as a private road for now. The County might accept the road for maintenance purposes in the future if the property owners complete the chip sealing and the road meets the County’s standards. Chair Storey: Is there anyone wishing to speak against Cases: 20-010 PPLAT AND 20-011 FPLAT? Against: None MOTION – 20-010 PPLAT Commissioner Henderson MOTIONED to approve Case Number 20-010, a Preliminary Plat for Aspen Estates in the ETZ. Seconded by Commissioner Aguilar. The motion passed by a voice vote of five to zero with Commissioners Lessard and McDaniel being absent. MOTION – 20-011 FPLAT Commissioner Aguilar MOTIONED to approve Case Number 20-011, a Final Plat for Aspen Estates in the ETZ along with the land use and zoning considerations, finding of facts, staff recommendations, and testimony we have received this evening. Seconded by Commissioner MacCornack. The motion passed by a voice vote of five to zero with Commissioners Lessard and McDaniel being absent. G. NON-ACTION ITEMS H. OTHER BUSINESS I. PUBLIC COMMENTS Chair Storey welcome Miguel back. Mr. Morris extended his thanks to the Commissioners and welcomed the new Commissioners. Chair Storey welcomed Steve Henderson and Daniel Lopez to the Commission. Mr. Najar let the Commission know that Mr. Morris will be retiring in about three months. Chair Storey thanked Steve Henderson and Daniel Lopez for serving on the Commission. J. REPORTS/ANNOUNCEMENTS K. ADJOURN Chair Storey adjourned the meeting at 6:31 p.m. Page 7 of 26 EXHIBIT A: 20-012 SUP APPLICATION FOR 205 W 7TH STREET Page 8 of 26  EXHIBIT B: STAFF SUMMARY FOR CASE 20-012 (SUP) 205 W 7TH ST (PAGE 1 OF 4) Roswell Planning & Zoning Commission Tuesday, July 28, 2020 Meeting Room A: Roswell Convention & Civic Center 912 North Main Street APPLICATION: CASE 20-012 (SUP): REQUEST FOR A SPECIAL USE PERMIT IN THE R-3 ZONING DISTRICT FOR A ONE-CHAIR HAIR SALON IN HOME. I. Property: Property Location: 205 W 7th St Legal Description: Subd: CHAMBERS REDIV Lot: 7 Quarter: SE S: 32 T: 10S R: 24E BK: 776 PG: 1380 (REC) Property Owner(s): Connie Haskew Request: Request for a Special Use Permit in the R-3 Residential Zoning District for a one-chair hair salon in home. II. Site Data: Site Area: The lot is approximately 8,250 square feet UPC: 4135061492310000000 Existing Land Use: Primary Residential Structure Proposed Land Use: Same as Existing Existing Zoning: R-3 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Residential R-3 (Residential) South Residential R-3 (Residential) East Residential R-3 (Residential) East Residential R-3 (Residential) West Residential R-3 (Residential) Page 9 of 26  EXHIBIT B: STAFF SUMMARY FOR CASE 20-012 (SUP)  205 W 7TH ST (PAGE 2 OF 4) Source: Chaves County Assessor’s Map Zoning Map for 20-012 (SUP) Source: Google Earth Street View Image Date 12/2018 Paved Parking developed in the past in the ROW but off the street. Page 10 of 26  EXHIBIT B: STAFF SUMMARY FOR CASE 20-012 (SUP) 205 W 7TH ST (PAGE 3 OF 4) III. Intent of Petition: The applicant is requesting a Special Use Permit in the R-3 residential zoning district to allow for a one- chair hair salon in home. IV. Land Use and Zoning Considerations: 1. The property under consideration is in the R-3 Residential Zoning District and surrounded by R-3 properties. 2. The property under consideration has a two-car garage that abuts a paved alley where residents of the property park. 3. In the past, 50 feet of parallel, paved parking was developed in front of the home between the street and sidewalk in the City’s Right-of-Way. The parking in front will accommodate the customer volume. 4. The business will have only one chair in the in-home salon and will not significantly increase level of vehicular traffic. 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, the Planning & Zoning Office has received zero (0) written protests and zero (0) verbal protests. VI. Staff Recommendation: Based on the findings of fact; nature of the proposed land use consideration; lot size, conditions, and configuration; surrounding land uses and zoning districts; and the regulations established in the Zoning Ordinance; Staff recommends approval for Zoning Case 20-012 SUP. Page 11 of 26  EXHIBIT B: STAFF SUMMARY FOR CASE 20-012 (SUP) 205 W 7TH ST (PAGE 4 OF 4) 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. Page 12 of 26  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR ZONING CASE 20-012 (SUP) LETTER SENT VIA CERTIFIED MAIL ON JULY 14, 2020 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 20-012 (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 20-012 SUP. The zoning case is a request for a Special Use Permit in the R-3 Residential Zoning District for a one-chair hair salon in home. OWNER OF PROPERTY: Connie Haskew PROPERTY LOCATION: 205 W 7th St LEGAL DESCRIPTION: Subd: CHAMBERS REDIV Lot: 7 Quarter: SE S: 32 T: 10S R: 24E BK: 776 PG: 1380 (REC) The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning case on Date: TUESDAY, JULY 28, 2020 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. "THE PUBLIC IS ENCOURAGED TO PARTICIPATE ELECTRONICALLY THROUGH THE GOTO MEETING APPLICATION AND NOT PHYSICALLY ATTEND DURING THE PANDEMIC." Join the meeting through GoToMeeting from your computer, tablet or smartphone. https://global.gotomeeting.com/join/518430445 You can also dial in using your phone. United States: +1 (786) 535-3211 Access Code: 518-430-445 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/install/518430445 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, July 22, 2020. 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, Miguel Martinez, Planning & Zoning Technician (Area Map on Reverse Side ) Page 13 of 26  EXHIBIT D: CASE 20-012 SUP CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION AND PROPERTIES WITHIN NOTIFICATION AREA OF 205 W 7TH STREET 15 13 16 14 2 3 4 12 17 11 5 18 9 19 1 6 10 7 20 21 8 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA 205 W 7TH STREET Page 14 of 26  EXHIBIT E: 20-012 SUP LIST OF PROPERTY OWNERS NOTIFIED – 205 W 7TH STREET 1. HERNANDEZ, MICHAEL; HERNANDEZ, FRANCES 11. 205 W 7TH ST CARR, JOSEPH L; CARR, LORETTANN E ROSWELL NM 88201 PO BOX 681 ROSWELL NM 88202 CONNIE HASKEW 205 W 7TH ST 12. ROSWELL NM 88201 DE MICHELE, JOANNE PO BOX 154 2. GILA NM 88038 HOLL, TERRY; HOLL, TERRIE 507 CARTER DR 13. ROSWELL NM 88203-4207 OLSON, SHELLEY ANN 709 N PENNSYLVANIA AVE 3. ROSWELL NM 88201 LIETZ FAMILY TRUST, KRISTEN L; KRISTEN L LIETZ- TRUSTEE 21 RIVIERA BLVD 14. LAKE HAVASU CITY AZ 86403 BATES, BOBBY 710 GARDEN PL 4. ROSWELL NM 88201 SCHOOLEY, KAREN H 511 W TILDEN ST 15. ROSWELL NM 88203 MUERHOFF, MICHAEL F; MUERHOFF, SHELLEY S 711 N PENNSYLVANIA AVE 5. ROSWELL NM 88201 BROMLEY, MATTHEW; BROMLEY, MARY ALICE BALDERRAMA 706 N RICHARDSON AVE ROSWELL NM 88201 16. LA MORADA, LLC 6. 2202 PALOMAR DR GUTIERREZ, ANA ROSWELL NM 88203 702 N RICHARDSON AVE ROSWELL NM 88201 17. & 18. HUTSON, DANNY; HUTSON, SUSAN 7. 705 N RICHARDSON AVE HEATWOLE TRUST, J & L-JOHNNY L & LAURIE L HEATWOLE, ROSWELL NM 88201 CO-TRUSTEES 200 W 7TH ST 19. & 20. ROSWELL NM 88201 MISTRY, NARENDRA D 9 CHARING CROSS CT 8. ROSWELL NM 88201 TELLEZ, MIKE JR; RESTAURANT COMPANY, LLC 1400 6TH ST LAS CRUCES NM 88005-1934 21. OLSEN, ARNOLD JONAS; OLSEN, ISABEL 9. PO BOX 252 UNITED CONTINENTAL NEW MEXICO, INC ROSWELL NM 88202 PO BOX 388 ROSWELL NM 88202 10. MEEKS, JIMMY L; MEEKS, LYNDIA GAYLE 209 W 7TH ST ROSWELL NM 88201 Page 15 of 26 EXHIBIT A 20-013 VAR APPLICATION Page 16 of 26  EXHIBIT B: STAFF SUMMARY FOR CASE 20-013 (VAR) 1503 S LEA AVENUE (PAGE 1 OF 6) Roswell Planning & Zoning Commission Tuesday, July 28, 2020 Meeting Room A: Roswell Convention & Civic Center 912 North Main Street APPLICATION: CASE 20-013 (VAR): REQUEST FOR A VARIANCE TO EXTEND AN EXISTING GARAGE AN ADDITIONAL 4’ INTO THE FRONT YARD SETBACK IN THE R-1 RESIDENTIAL ZONING DISTRICT. I. Property: Property Location: 1503 S Lea Ave Legal Description: Subd: SOUTH HIGHLANDS EXT B Block: 2 Lot: 17 BK: 323 PG: 149 WD Property Owner(s): Greg & Sally Etter Request: Request for a Variance to extend existing garage an additional 4’ into front yard setback in the R-1 Residential Zoning District. II. Site Data: Site Area: The lot is approximately 8,395 square feet UPC: 4135063384137000000 Existing Land Use: Primary Residential Structure built c. 1951 and properly permitted. Proposed Land Use: Same as Existing Existing Zoning: R-1 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Residential R-1 (Residential) South Residential R-1 (Residential) East Residential R-1 (Residential) West Residential R-1 (Residential) Page 17 of 26  EXHIBIT B: STAFF SUMMARY FOR CASE 20-013 (VAR)  1503 S LEA AVE (PAGE 2 OF 6) Source: Chaves County Assessor’s Map Zoning Map for 20-013 (VAR) Page 18 of 26  EXHIBIT B: STAFF SUMMARY FOR CASE 20-013 (VAR) 1503 S LEA AVE (PAGE 3 OF 6) III. Intent of Petition: The applicant/property owner is requesting a variance to extend an existing garage an additional 4’ into the front yard setback in the R-1 residential zoning district to fit his personal vehicle inside his garage. IV. Land Use and Zoning Considerations: 1. The property under consideration is in the R-1 Residential Zoning District. 2. The front yard setback in the R-1 zoning district is 25’ from the property line which is approximately back of sidewalk. 3. The existing garage is currently 19’ from the front property line and was properly permitted 1/31/14. Staff notes on permit state “Shall not extend toward the street Aerial Measurement – 15'.” Site plan from original application 1/31/2014 Page 19 of 26  EXHIBIT B: STAFF SUMMARY FOR CASE 20-013 (VAR) 1503 S LEA AVE (PAGE 4 OF 6) County Assessor’s Map Google Earth Map Staff photo 7/23/2020 Page 20 of 26  EXHIBIT B: STAFF SUMMARY FOR CASE 20-013 (VAR) 1503 S LEA AVE (PAGE 5 OF 6) 4. Vehicle overhangs the sidewalk when parked in the driveway because vehicle does not fit in the existing garage when the door is closed. Extending the garage will allow the vehicle to fit in the garage with the door closed. The ability to close the garage door will also secure the vehicle and the home. 5. The attached carport next door at 1501 S Lea Avenue is approximately 21 feet behind the sidewalk. Staff photos 7/23/2020 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. Page 21 of 26  EXHIBIT B: STAFF SUMMARY FOR CASE 20-013 (VAR) 1503 S LEA AVE (PAGE 6 OF 6) 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, the Planning & Zoning Office has received zero (0) written protests and zero (0) verbal protests. VI. Staff Recommendation: Based on the findings of fact; nature of the proposed land use consideration; lot size, conditions, and configuration; surrounding land uses and zoning districts; and the regulations established in the Zoning Ordinance; Staff recommends denial for Zoning Case 20-013 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, with or without specified conditions. Page 22 of 26  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR ZONING CASE 20-013 (VAR) LETTER SENT VIA CERTIFIED MAIL ON JULY 14, 2020 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 20-013 (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 20-013 VAR. The zoning case is a request for a Variance to extend existing garage an additional 4’ into front yard setback in the R-1 Residential Zoning District. OWNER OF PROPERTY: Greg & Sally Etter PROPERTY LOCATION: 1503 S Lea Ave LEGAL DESCRIPTION: Subd: SOUTH HIGHLANDS EXT B Block: 2 Lot: 17 BK: 323 PG: 149 WD. The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning case on Date: TUESDAY, JULY 28, 2020 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. "THE PUBLIC IS ENCOURAGED TO PARTICIPATE ELECTRONICALLY THROUGH THE GOTO MEETING APPLICATION AND NOT PHYSICALLY ATTEND DURING THE PANDEMIC." Join the meeting through GoToMeeting from your computer, tablet or smartphone. https://global.gotomeeting.com/join/518430445 You can also dial in using your phone. United States: +1 (786) 535-3211 Access Code: 518-430-445 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/install/518430445 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, July 22, 2020. 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, Miguel Martinez, Planning & Zoning Technician (Area Map on Reverse Side ) Page 23 of 26  EXHIBIT D: CASE 20-013 VAR CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION AND PROPERTIES WITHIN NOTIFICATION AREA OF 1503 SOUTH LEA AVENUE 14 3 4 2 5 13 12 1 6 11 9 7 10 8 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA 1503 SOUTH LEA AVENUE Page 24 of 26  EXHIBIT E: 20-013 VAR - LIST OF PROPERTY OWNERS NOTIFIED FOR 1503 S LEA AVENUE 1. 12. ETTER, GREG L; ETTER, SALLY A DURAN, WILLIAM R; DURAN, MICHELE D 1503 S LEA AVE 1502 S LEA AVE ROSWELL NM 88203 ROSWELL NM 88203 2. 13. SANCHEZ, JESUS E FERRELL, JOE S; FERRELL, NINA P 3605 N MONTANA AVE PO BOX 23 ROSWELL NM 88201 CAPITAN NM 88316 3. 14. JOHNSON, WILLIAM B SALCIDO, ROSETTA G; SALCIDO, BENJAMIN G 1413 S LEA AVE 1412 S LEA AVE ROSWELL NM 88203 ROSWELL NM 88203 4. DOMINGUEZ, MARCO A 1412 MADISON AVE ROSWELL NM 88203 5. HICKS, WALTER F JR; HICKS, CRISTI M 1500 MADISON AVE ROSWELL NM 88203 6. WARD, ANDREW S 1504 S MADISON AVE ROSWELL NM 88203 7. LANDAVERDE, ALVARO; LANDAVERDE, MARIA 151 E ORCHARD PARK RD DEXTER NM 88230 8. MOREIRA, GUSTAVO RANGEL 2800 PURDUE DR ROSWELL NM 88203 9. MC MILLIAN, LESLEY D; MC MILLIAN, FAITH L 1505 S LEA AVE ROSWELL NM 88203 10. VITALE, JOANN L; SIMMONS, KARIN 1506 S LEA AVE ROSWELL NM 88203 11. DEEMUN, SAMRUAY; DEEMUN, CHANISARA 1504 S LEA AVE ROSWELL NM 88203 Page 25 of 26 EXHIBIT F 20-013 VAR - 1503 S LEA AVE - SUPPORT LETTER Page 26 of 26