Planning & Zoning Commission

City of Roswell Planning & Zoning Commission Agenda Tuesday, August 25, 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 Engineering, 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 July 28, 2020 P&Z Regular Meeting Minutes (page 3) F. Public Hearing Items 1. CASE 20-014 VAR: A request for a Variance to increase the size of an existing balcony that is attached to an existing second story addition that has a non-conforming side yard setback. Subd: DALE BELLAMAH UNIT 1 Block: 5 Lot: 29 BK: 683 PG: 1407 WD. ADDRESS: 603 Redwood St, (Owner: James Michael Aviles). (page 7) 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: August 20, 2020 Page 1 of 25 "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, August 25, 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 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 25  P&Z REGULAR MEETING DRAFT MINUTES Roswell Planning & Zoning Commission Tuesday, July 28, 2020 - 6:00 PM Roswell Convention Center 912 North Main Street Chair: David Storey; Vice Chair: James MacCornack; Secretary: Jesse McDaniel Members: Saul Aguilar, Jana Lessard, Steve Henderson, Daniel M. Lopez, Sr. 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 – Chair David Storey The regular meeting of the Planning & Zoning Commission was called to order at approximately 6:00 p.m., by Chair Storey. B. ROLL-CALL David Storey PRESENT Jesse McDaniel ABSENT Saul Aguilar PRESENT Jana Lessard PRESENT James MacCornack ABSENT Steve Henderson PRESENT Daniel Lopez PRESENT Staff Members Present: Merideth Hildreth, AICP, Planning & Zoning Administrator Miguel Martinez, CZO, Planning & Zoning Technician Louis Najar, P.E., City Engineer Audience Members Present: Connie Haskew, Greg Etter C. SWEARING IN: Commissioner Henderson swore in staff and members of the audience. D. APPROVAL OF THE AGENDA Commissioner Lessard MOTIONED to approve the agenda of the Planning & Zoning Commission Meeting for Tuesday, July 28, 2020. Seconded by Commissioner Henderson. The motion was approved by a voice vote of five to zero with Commissioners McDaniel and MacCornack being absent. Page 3 of 25 E. MINUTES: Consider approval of the June 23, 2020 Planning & Zoning Commission Regular Meeting Minutes Commissioner Aguilar MOTIONED to accept the minutes from the June 23, 2020 Planning & Zoning Commission regular meeting as presented. Seconded by Commissioner Lessard. The motion was approved by a voice vote of five to zero with Commissioners McDaniel and MacCornack being absent. 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). Chair Storey introduced Case 20-012. Commissioner Aguilar MOTIONED to waive the Reading of the Finding of Facts with respect to Case 20-012. Seconded by Commissioner Henderson. The motion was approved by a voice vote of five to zero with Commissioners McDaniel and MacCornack being absent. Chair Storey Is there anyone wishing to speak in favor of Case: 20-012? Connie Haskew: Stated she has been in the hair salon business for 35 years, 20 years of which has been in Roswell. There is a parking area in front of the house for customers and parking in the back for the household. Chair Storey: Is there anyone wishing to speak against Case: 20-012? Against: None Staff Comments: Ms. Hildreth: The property is zoned R-3. A salon is allowed in the R-3 Zoning District with a Special Use Permit. There is parking in the back for the household and existing paved parking in the Right-of-Way in the front between the street and sidewalk. There are several residences with professional offices in the surrounding area. This use is compatible and Staff recommends approval. Mr. Najar: Supports Planning and Zoning Staff’s recommendation. The property has existing parking. An adjacent property has been an appraisal office. The applicant’s request does fit zoning in the area. MOTION – 20-012 SUP Commissioner Henderson MOTIONED to approve Case Number 20-012 along with the land use and zoning considerations, finding of facts, staff recommendations, and testimony we have received. Seconded by Commissioner Lessard. The motion was approved by a voice vote of five to zero with Commissioners McDaniel and MacCornack being absent. Page 4 of 25 1. 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). Chair Storey introduced Case 20-013. Commissioner Aguilar MOTIONED to waive the Reading of the Finding of Facts and Land Use and Zoning Considerations with respect to Case 20-013. Seconded by Commissioner Henderson. The motion was approved by a voice vote of five to zero with Commissioners McDaniel and MacCornack being absent. Chair Storey: Is there anyone wishing to speak in favor of Case: 20-013 VAR? Greg Etter: Would like to extend the garage to accommodate the new truck that doesn’t fit in the garage with the door closed. When outside the garage with the door closed, the truck overhangs the sidewalk. Would like to be able to secure the truck inside the garage with the door closed. Chair Storey: Is there anyone wishing to speak against Case: 20-013? Against: None Staff Comments: Mr. Martinez: The property is zoned R-1. Current setbacks are 25’ and the current garage is 19’ from the front property line, and took the Building Inspector to look at it and confirm the measurement. The current garage was built with a permit in 2014. The way the ordinance is written, Staff could not recommend approval of the variance request. Mr. Najar: I support the denial. I appreciate Mr. Etter’s concerns. Remind commissioners, not supposed to take calls from the applicants or review the site. Staff provides the information. This is a request we receive frequently. Most of the time, Staff denies the request in the office. In 2014, Mr. Etter was granted a request. Passed out photos of the conditions. The R-1 setback is 25’, this is an older neighborhood which has a 20’ setback to the front of houses. Concerned will set a precedence in the neighborhoods which will impact the quality of life. Supports recommendation to deny this case. Chair Storey asked Mr. Etter to return to the lectern. Mr. Martinez: The request would make the 19’ foot setback of the existing garage 15’ from the property line. Page 5 of 25  MOTION – 20-013 VAR Commissioner Aguilar MOTIONED to deny Case Number 20-013 along with the land use and zoning considerations, finding of facts, staff recommendations, and testimony we have received. Seconded by Commissioner Lessard. The motion to deny the case was by a voice vote of three to two with Commissioners McDaniel and MacCornack being absent. David Storey No Saul Aguilar Yes Jana Lessard Yes Steve Henderson Yes Daniel Lopez No Chair Storey: Mr. Etter has been denied the request for the variance and has the right to appeal to City Council by submitting a request to appeal to the City Clerk by Thursday at noon. G. NON-ACTION ITEMS H. OTHER BUSINESS I. PUBLIC COMMENTS Mr. Najar: Stated the reasons why he support the setbacks. Once we start letting these setbacks go, we start losing control of the neighborhoods. More parking on the sidewalks and in the yards lowers the quality of life in neighborhoods. We need to look at the big picture not only today but five years and 25 years down the road. J. REPORTS/ANNOUNCEMENTS Louis Najar: Municipal League provides training for Planning & Zoning Commissioners. Remember, when you receive calls about cases, this is a quasi-judicial body, and you may not discuss cases outside the public hearing. K. ADJOURN Chair Storey adjourned the meeting at 6:40 p.m. Page 6 of 25 EXHIBIT A 20-014 VAR APPLICATION Page 7 of 25  EXHIBIT B: STAFF SUMMARY FOR CASE 20-014 (VAR) 603 REDWOOD ST (PAGE 1 OF 6) Roswell Planning & Zoning Commission Tuesday, August 25, 2020 Meeting Room A: Roswell Convention & Civic Center 912 North Main Street APPLICATION: CASE 20-014 (VAR): REQUEST FOR A VARIANCE TO ADD A BALCONY TO AN EXISTING SECOND STORY ADDITION THAT HAS A NON-CONFORMING SIDEYARD SETBACK. CORRECTED TO: REQUEST FOR A VARIANCE TO INCREASE THE SIZE OF AN EXISTING BALCONY THAT IS ATTACHED TO AN EXISTING SECOND STORY ADDITION THAT HAS A NON-CONFORMING SIDE YARD SETBACK. I. Property: Property Location: 603 Redwood St Legal Description: Subd: DALE BELLAMAH UNIT 1 Block: 5 Lot: 29 BK: 683 PG: 1407 WD Property Owner(s): James Michael Aviles Request: Request for a Variance to increase the size of an existing balcony that is attached to an existing second story addition that has a non-conforming side yard setback. II. Site Data: Site Area: The lot is approximately 6820 square feet and is approximately 62’ X 110’. UPC: 4135064337352000000 Existing Land Use: Primary Residential Structure built c. 1961. 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 8 of 25  EXHIBIT B: STAFF SUMMARY FOR CASE 20-014 (VAR)  603 REDWOOD ST (PAGE 2 OF 6) Source: Chaves County Assessor’s Map Zoning Map for 20-014 (VAR) Photo by Applicant of street view of 603 Redwood St Page 9 of 25  EXHIBIT B: STAFF SUMMARY FOR CASE 20-014 (VAR) 603 REDWOOD ST (PAGE 3 OF 6) III. Intent of Petition: Applicant/property owner is requesting a variance to increase the size of an existing balcony that is attached to an existing second story addition that has a non-conforming side yard setback. IV. Land Use and Zoning Considerations: 1. The 62’ wide by 110’ deep property under consideration is in the R-1 Residential Zoning District. 2. The property under consideration has an existing 24’ wide X 33’ second story built 5’ from the property line with a building permit issued on July 11, 2002 (See Exhibit F). 3. The existing one-story section of the house is approximately 46’ wide X 25’. 4. The setback table in the current Zoning Ordinance Article 50: Development Standards specifies a 10’ interior side yard setback for second stories in R-S and R-1 thru R-4 zoning districts. (The amended Zoning Ordinance 1227 adopted on February 1, 1993 also specified a 10’ interior side yard setback for second stories.) 5. The property under consideration has an existing 3’6” X 24’ balcony attached to the south face (facing the street) of the second story addition and above the roof of the one-story section of the house. The east side of the balcony is even with the side of the second story addition and is approximately 5’ from the east property line. (See photos below.) 6. Applicant is requesting to expand the balcony from 3’6” to 16’ toward the south above the roof of the one-story section of the house by 24’ in length along the face of the second story addition. The Applicant may modify the first story roof-line to accommodate the balcony addition. The Applicant also plans to place a 16’X24’ porch roof over the balcony. (See Applicant site plan below.) 7. Staff review of the Applicant’s building permit application to increase the size of the balcony prompted the application for the variance since the second story addition and existing balcony were built with a non-conforming interior side yard setback of 5’ from the east property line. 8. A variance will allow the second story addition to become legally non-conforming and allow the expansion of the balcony along the full 24’ width of the second story and 16’ toward the front of the house with the 5’ setback established by the second story. 9. The property owner of the property under consideration also owns the adjacent/neighboring lot to the east - 601 Redwood. 10. The second story is approximately 34’6” from the adjacent/neighboring lot to the west – 605 Redwood. The balcony will be over the front portion of the house. Page 10 of 25 EXHIBIT B: STAFF SUMMARY FOR CASE 20-014 (VAR) 603 REDWOOD ST (PAGE 4 OF 6) Photos show existing 3’6” X 24’ balcony on the south face of the second story portion of house facing the street. Applicant wants to increase the size of the existing balcony and add 12’6” to over the roof ridge of the one-story portion of the house. The finished balcony addition will be 16’ X 24’. Applicant may modify the first story roof-line to accommodate the balcony addition. The applicant also plans to build a 16’ X 24’ porch roof over the balcony. Aerial view of property at 603 Redwood showing area of proposed balcony extension and setbacks from lots with shared property lines. Source: Google Earth Image Date 6/29/2019 Page 11 of 25  EXHIBIT B: STAFF SUMMARY FOR CASE 20-014 (VAR) 603 REDWOOD ST (PAGE 5 OF 6) Applicant Site Plan of Proposed Balcony Expansion at 603 Redwood Street Page 12 of 25  EXHIBIT B: STAFF SUMMARY FOR CASE 20-014 (VAR) 603 REDWOOD ST (PAGE 6 OF 6) 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 (1) written protest; and received two (2) written statements of support. VI. Staff Recommendation: Based on the findings of fact; nature of the proposed land use consideration; lot size and conditions; surrounding land uses and zoning districts; and the regulations established in the Zoning Ordinance, Staff recommends approval of Zoning Case 20-014 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. Reference: Zoning Ordinance Article 3: Procedures, Amendments, and Changes Section 10. Variances Page 13 of 25  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR ZONING CASE 20-014 (VAR) LETTER SENT VIA CERTIFIED MAIL ON AUGUST 11, 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 20-014 (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 20-014 VAR. The zoning case is a request for a Variance to add a balcony to an existing second story addition that has a non-conforming sideyard setback. OWNER OF PROPERTY: James Michael Aviles PROPERTY LOCATION: 603 Redwood St LEGAL DESCRIPTION: Subd: DALE BELLAMAH UNIT 1 Block: 5 Lot: 29 BK: 683 PG: 1407 WD. The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning case on Date: TUESDAY, AUGUST 25, 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, August 19, 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/Community-Development. 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 14 of 25  EXHIBIT D: CASE 20-014 VAR CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION AND PROPERTIES WITHIN NOTIFICATION AREA OF 603 REDWOOD ST 8 7 6 5 4 2 3 10 9 1 13 14 11 12 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA 603 REDWOOD ST Page 15 of 25  EXHIBIT E: 20-014 VAR PROPERTY OWNERS NOTIFIED 1, 2, 13. 14. AVILES, JAMES MICHAEL CARRASCO, PEDRO A; CARRASCO, ALICE C; 603 REDWOOD ST CARRASCO, PEDRO III; LEYVA, FAITH ROSWELL NM 88203 600 REDWOOD ST ROSWELL NM 88203 3. CITIFINANCIAL SERVICING LLC 1000 TECHNOLOGY DR O FALLON MO 63368 4. RIVERA, JESUS; RIVERA, STELLA H 514 HICKORY ST ROSWELL NM 88203 5. GARCIA, LORETTA 600 HICKORY ST ROSWELL NM 88203 6. SALAZAR, MARIA C 10825 OBSIDIAN ST EL PASO TX 79924 7. PADILLA, ANTONY E & CHRISTINA M 1903 S ADAMS DR ROSWELL NM 88203 8. BALDERRAMA, ABRAHAM 710 S KENTUCKY AVE ROSWELL NM 88203 9. RODRIGUEZ, ALEX S; RODRIGUEZ, MAGGIE L 401 E HENDRICKS ST ROSWELL NM 88203 10. SALAS, LILIA G 607 REDWOOD ST ROSWELL NM 88203 11. RIVERA, MOLLIE FLORES 11515 FURY LN UNIT 46 EL CAJON CA 92019 12. QUINTERO, RICHARD JR; ET UX 604 REDWOOD ST ROSWELL NM 88203 Page 16 of 25 EXHIBIT F: 20-014 VAR - BUILDING PERMIT ISSUED JULY 11, 2002 FOR 603 REDWOOD STREET (PAGE 1 OF 4) Page 17 of 25 EXHIBIT F: 20-014 VAR - BUILDING PERMIT ISSUED JULY 11, 2002 FOR 603 REDWOOD STREET (PAGE 2 OF 4) Page 18 of 25 EXHIBIT F: 20-014 VAR - BUILDING PERMIT ISSUED JULY 11, 2002 FOR 603 REDWOOD STREET (PAGE 3 OF 4) EXHIBIT F: 20-014 VAR - BUILDING PERMIT ISSUED JULY 11, 2002 FOR 603 REDWOOD STREET (PAGE 1 OF 4) Page 19 of 25 EXHIBIT F: 20-014 VAR - BUILDING PERMIT ISSUED JULY 11, 2002 FOR 603 REDWOOD STREET (PAGE 4 OF 4) Page 20 of 25  EXHIBIT G: LETTERS (PAGE 1 OF 5) Sat 8/15/2020 8:25 PM LIZ TRUJILLO planning and zoning TO: Merideth Hildreth City of Roswell Planning and Zoning ATT: Merideth Hildreth I, Liza Trujillo, of 606 Redwood St, do not have a problem with James (Mike) Aviles of 603 Redwood St, extending his upstairs balcony, Planning and Zoning case 20-014 VAR. Liza Trujillo Lixa Trujillo Page 21 of 25  EXHIBIT G: LETTERS (PAGE 2 OF 5) From: Della Andazola To: Merideth Hildreth Subject: Planning & Zoning Date: Sunday, August 16, 2020 12:22:28 PM Hello, I, Della Sanchez, of 602 Redwood St do not have a problem with James (Mike) Aviles of 603 Redwood St extending his upstairs balcony, Planning & Zoning case 20-014 VAR. Thank you, Della Sanchez Sent from Yahoo Mail for iPhone Page 22 of 25 EXHIBIT G: LETTERS (PAGE 3 OF 5) Page 23 of 25 EXHIBIT G: LETTERS (PAGE 4 OF 5) Page 24 of 25 EXHIBIT G: LETTERS (PAGE 5 OF 5) Page 25 of 25