Planning & Zoning Commission

P&Z DRAFT REGULAR MEETING MINUTES Roswell Planning & Zoning Commission Tuesday, August 27, 2024 - 6:00 PM Roswell Development Services Conference Room 500 N Main Street, Suite 100 (Sunwest Centre) Roswell, New Mexico Chair: Saul Aguilar; Vice Chair: Jana Lessard; Secretary: Greg Holman Members: Steve Henderson, Richard L. Gutierrez, Alicia Gilmore Jessica Vickers, Esq Merideth Hildreth, AICP Miguel Martinez, CZO Louis Najar, P.E. James MacCornack, P.E. 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 24-23. A. CALL TO ORDER AND WELCOME – Vice Chair Jana Lessard Vice Chair Lessard called to order the regular meeting of the Planning & Zoning Commission at approximately 6:00 p.m. B. ROLL-CALL Saul Aguilar Absent Jana Lessard Present Steve Henderson Absent Richard L. Gutierrez Present Greg Holman Present Alicia Gilmore Present Staff Members Present: Jessica Vickers, Esq, Community Development Director Merideth Hildreth, AICP, Planning and Zoning Administrator Miguel Martinez, CZO, Associate Planner Louis Najar, P.E., City Engineer James MacCornack, P.E., Senior Engineer Audience Members Present: Jeff Tafoya, Tillie S. Tafoya, Ida Sanchez, Terri Harber with Roswell Daily Record. C. SWEARING IN: Vice Chair Lessard swore in staff and members of the audience. 1 D. APPROVAL OF THE AGENDA Vice Chair Lessard requested a motion to approve the August 27, 2024 Agenda as presented. Commissioner Gutierrez MOTIONED to approve the Tuesday, August 27, 2024 Planning & Zoning Commission agenda. SECONDED by Commissioner Gilmore. A voice vote was as follows: Jana Lessard- yes, Greg Holman- yes, Alicia Gilmore- yes, Richard Gutierrez- yes, the motion passed 4 - 0 with Steve Henderson and Saul Aguilar being absent. E. APPROVAL OF MINUTES: Vice Chair Lessard requested a motion to approve the July 23, 2024 Planning & Zoning Commission meeting minutes. Commissioner Homan MOTIONED to approve the July 23, 2024 Planning & Zoning Commission meeting minutes as presented. SECONDED by Commissioner Gutierrez. A voice vote was as follows: Jana Lessard- yes, Greg Holman- yes, Alicia Gilmore- yes, Richard Gutierrez- yes, the motion passed 4 - 0 with Steve Henderson and Saul Aguilar being absent. F. PUBLIC HEARING ITEMS: 1. CASE 24-016 VAR Request for a variance to allow a carport to encroach in the front yard setback in the C-4 Commercial Business District at 1801 W 1ST Street. Legal Description: Subd: DAVE FRESQUEZ Block: 1 Lot: 9 DOC# 202207589 WDJT. (Property Owners: Jeffrey Tafoya & Tillie S Tafoya.) Vice Chair Lessard: I am introducing CASE 24-016 VAR a variance to allow a carport to encroach in the front yard setback for a residential home located in the C-4 Commercial Business Zoning District at 1801 W 1st Street. May I have a motion to waive the reading of the findings of fact and land use and zoning considerations? Commissioner Holman MOTIONED to waive the reading of the findings of fact and land use and zoning considerations with respect to case 24-016 VAR. SECONDED by Commissioner Gutierrez. A voice vote was as follows: Jana Lessard- yes, Greg Holman- yes, Alicia Gilmore- yes, Richard Gutierrez- yes, the motion passed 4 - 0 with Steve Henderson and Saul Aguilar being absent. Vice Chair Lessard: The motion passed 4 to 0. Ms. Hildreth, please present the case. Ms. Hildreth: Thank you, Vice Chair Lessard, Commissioners, the intent of the applicant’s petition for Zoning Case 24-016 VAR is a request for a variance to allow 2 a carport to encroach in the front yard setback for a residential home located in the C- 4 Commercial Business Zoning District. This slide shows the property located at 1801 W 1st Street on the northwest corner of Nevada Avenue and West First Street is zoned C-4 Commercial Business District according to the Zoning Map. The properties on the south side of First Street are zoned R-3 Residential. 1801 West 1st Street is requesting to match the carport setback of the adjacent neighboring property at 1803 W 1st Street. The Staff photo on the slide shows the property under consideration and the adjacent property with a carport. In 2018, Planning & Zoning Commission voted 5-0 to grant a variance for Zoning Case 18-019 VAR to allow a carport to encroach into the front yard setback and be 15’ behind the front property line on the adjacent property at 1803 West 1 st Street. The north side of First Street is zoned C-4. Per the Roswell Zoning Ordinance Article 34, the C-4 District requires a 25’ front yard setback from the front property line for properties abutting streets other than Second Street. The property under consideration appears to have a front yard setback of approximately 35’ from the front property line to the garage façade. Article 52.5.C of the Roswell Zoning Ordinance provides an exception to the required setbacks, and states, “A non-enclosed porch, carport, or patio cover shall not project more than 5 feet into the required front yard setback or street side yard setback.” Lots on the south side of the 1800 Block of West 1st Street are all currently developed with residential units and are zoned R-3 Residential. Across the street, 1804 West 1st Street has a carport that sits approximately 15’ behind the front property line as an allowed use-by-right with the exception cited above. The 2016 Comprehensive Master Plan Preferred Land Use Scenario Map shows the property under consideration is located in a commercial corridor. Zoning Ordinance Article 3 Section 10 A. states, “The Planning & Zoning Commission may approve a variance to the zoning requirements for a property if the reason for the requested variance is due to the property being of exceptional narrowness, shallowness, shape, or having topographical or other extraordinary conditions which prevent the property owner from being able to comply with the zoning requirements and, if the strict application of this Ordinance would result in a peculiar, exceptional, or undue hardship, as opposed to a mere inconvenience upon the property owner.” A public hearing held by the Planning and Zoning Commission is required per Section 10 C. The property is served by 1st Street and Nevada Avenue, both classified as Local Streets on the Functional Street Classification Plan. 3 As of the time of this writing, the Planning & Zoning Office has received zero (0) written protests, zero (0) verbal protests, and zero (0) inquiries. By granting a variance, property owner would be allowed to install or build a carport approximately 20’ long and match the front setback of the neighboring carport to the west. Unless evidence to the contrary is introduced in the public hearing, based on the Land Use and Zoning Considerations, Findings of Fact, Staff Recommendations and materials provided, it is recommended that the Planning and Zoning Commission introduce a motion and vote to approve or deny Zoning Case 24-016 VAR. I stand for questions. Vice Chair Lessard: Are there additional Staff comments from Community Development or Engineering? Mr. Najar: There is a history on this block of 15’ setback from front property line to carport. The neighbor obtained a variance for the carport next door and the house across the street in the R-3 Zoning District was allowed a 15’ setback. As City Engineer, I don’t like anything less than 25’. From the Planning point of view, I understand the request for the setback variance to match the established pattern. Ms. Hildreth: To clarify, there is 35’ from the front of garage to the property line. Vice Chair Lessard: Is there anyone in the audience or online wishing to speak in favor of case 24-016? Please come forward, state your name and address. Jeffrey Tafoya: Good Evening, my name is Jeffrey Tafoya and I reside at 21 Cedar Drive. There is plenty of room in the driveway for a carport for my elderly mother-in-law. Pecan trees in the yard are creating sap. Vice Chair Lessard: Is there anyone in the audience or online wishing to speak in opposition to case 24-016? Please come forward. If there are none, may I hear a motion for Case 24-016 VAR? Motion – 24-016 VAR Based on the land use and zoning considerations, findings of fact, conclusions of law, surrounding land uses, regulations established in the Zoning Ordinance, materials presented, and testimony received, Commissioner Holman MOTIONED to approve Case 24-016 VAR. SECONDED by Commissioner Gilmore. A voice vote was as follows: Jana Lessard- yes, Greg Holman- yes, Alicia Gilmore- yes, Richard Gutierrez- yes, the motion passed 4 - 0 with Steve Henderson and Saul Aguilar being absent. 4  Vice Chair Lessard: The Planning and Zoning Commission made the decision to approve the motion 4 to 0 because there are other carports with similar setbacks on the block and the precedence has been set. Vice Chair Lessard introduced Other Business. G. OTHER BUSINESS 1. Ms. Vickers provided Planning & Zoning Commissioner Training on Ex Parte Communication. H. ANNOUNCEMENTS None I. ADJOURN Vice Chair Lessard adjourned the meeting at 6:46 p.m. 5