PLANNING AND ZONING COMMISSION VARIANCE

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1 PLANNING AND ZONING COMMISSION VARIANCE DOÑA ANA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT Doña Ana County Government Center 845 N. Motel Blvd. Las Cruces, New Mexico Telephone: (575) MEETING DATE: September 22, 2011 CASE NO: REQUEST: APPLICANT: LOCATION: ZONING: PROPERTY SIZE: RECOMMENDATION: STAFF CONTACT: Case # CV A Variance to road access standards for road improvements and width. Maria Luisa Dominguez 54 Tres Caballos Place Mesquite, NM Performance District 2.50-acres Denial Albert Casillas, Planner SYNOPSIS: Submitted by Maria Luisa Dominguez, a request for a Variance to road access standards within the Performance District. The applicant is proposing a twenty-five (25 ) foot unimproved road and utility easement in order to pursue a Claim of Exemption Application; where a fifty (50) foot wide right-ofway or easement with twenty-four (24) feet of improved roadway is required. The 2.50-acre parcel is located on 54 Tres Caballos Place, in Mesquite, NM, within Township 25 South, Range 3 East, Section 6, recorded on June 6, 2011 as Instrument # in the Doña Ana County Clerk s office. It can be further identified by Map Code # ATTACHEMENTS: (1) Case Analysis and Staff Recommendation. (2) Site Plan and Supporting Documents. (3) GIS Information and Maps. September 22, 2011 Page 1 of 12

2 SURROUNDING ZONING/LAND USE SITE ZONING LAND USE North South East West Performance District Performance District Performance District Performance District Residential: Single Family Site Built Dwelling and Mobile Homes Residential: Single Family Site Built Dwelling and Mobile Homes Residential: Single Family Site Built Dwelling and Mobile Homes Residential: Single Family Site Built Dwelling and Mobile Homes BACKGROUND During a pre-application meeting between staff and the applicant to discuss submittal of a Claim of Exemption application in the community of Mesquite, it was discovered that existing access to the property was not going to meet the required fifty feet (50 ) of rightof-way or easement with twenty-four feet (24 ) of improved roadway. Access to the property is of Tres Caballos Place; a private graveled road and utility easement. The subdivision process requires road improvements and the applicant seeks this Variance to proceed, since she contends other property owners will not give the additional ROW required to meet code. ROAD ACCESS Tres Caballos is a dead end road; thus there is only one route that can be used to access a state maintained right of way (NM Hwy. 228) from the subject property. The length of Tres Caballos, from the subject property to State Highway 228 is approximately 1400 feet. The approximate total length of the road is 2450 feet. Property research indicates that the road and utility easement along Tres Caballos is twenty-five feet (25 ) wide on all parcels up to the subject parcel. All other properties to the north of the subject parcel have a fifty-foot easement and can be identified on the attached easement map. September 22, 2011 Page 2 of 12

3 EXISTING CONDITIONS & LAND USE/ZONING The existing land use classification is Medium Intensity Residential (Case# PDR97-094) and is within the Performance District. The Claim of Exemption will create two lots, both will be acre parcels. The site plan shows a fully developed residential parcel with existing dwellings as well as the proposed lot split. The property fronts Tres Caballos, which is a gravel, twenty-five foot (25 ) wide road and utility easement. Water and Wastewater services will be provided by Mesquite MDWC & MSWA. APPLICABLE PLANS, POLICIES AND CRITERIA FOR APPROVAL Doña Ana County Land Use Regulations and Zoning Ordinance No as amended: Section 2.6 Variances Any development proposed that does not conform to any of the standards of development in this Ordinance must obtain a Variance. A Variance shall not be granted unless the Variance is found to meet the requirements of Paragraph E. In granting a September 22, 2011 Page 3 of 12

4 Variance, any reasonable conditions may be imposed to minimize any adverse effects the Variance might otherwise have on property within the area of notification or on the County generally. Section 2.6.A. Application An application for a Variance shall be submitted to the County by the owner of the property that is the subject of the Variance request or by the owner s agent. A completed copy of the application, an appropriate site plan that meets the criteria set forth in this Ordinance, and a non-refundable filing fee shall be submitted to the Zoning Administrator. Section 2.6.D A Denial of Variance A denial of a Variance by the may be appealed to the Board of County Commissioners. Section 2.6.E Required Findings The following findings are required for approval of any Variance: 1. Granting of the Variance will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the area of notice. 2. Granting of the Variance is justified because there is a physical hardship or extraordinary economic hardship for the applicant resulting from the size, shape, existing structures, or topographical or other physical conditions on the site or in the area of notice. 3. Granting the Variance will uphold the spirit and intent of this Ordinance and accomplish substantial justice. AGENCY COMMENTS DAC Engineering Department: 1. No supporting documentation was submitted. Adhere to requirements. 2. Refer to Section 9.2.D in the Doña Ana County Land Use and Regulations Ordinance. DAC Flood Commission: 1. The subject property found not to be within a FEMA Special Flood Hazard Area and can be further identified on FIRM No C0930 E. 2. Please be aware that the property is still susceptible to localized flooding despite not being identified within a FEMA Special Flood Hazard Area. 3. Our recommendation would be compliance to the Doña Ana County Development Design Standards and related ordinances/regulations. September 22, 2011 Page 4 of 12

5 DAC Fire Marshal: 1. A driveway 20 wide capable of supporting the imposed fire load of fire apparatus weighing at least 75,000 punds is constructed and maintained. If the road should exceed more than 150, a 120 hammerhead, 60 Y, or a 96 diameter cul-de-sac in accordance with the 2006 International Fire Code is required. DAC Building Services: No permits are required. DAC Environmental Codes: No code violations. DAC Addressing: No Comment. NOTICE / NOTIFICATION Thirty-four (34) letters of notification were sent out. Legal Notification was posted in the Las Cruces Sun-News on September 4, Signs were posted on the property. Agenda was posted on County Web Site. No letters in support or opposition were submitted by September 16, STAFF ANALYSIS The proposed Variance request has met the requirements of the Ordinance for public notification. The application went through all the appropriate agency reviews. The applicant has failed to demonstrate a physical hardship resulting from the size, shape, existing structures, or topographical or other physical conditions on the site or in the area of notice that prevents him from meeting the required road access standards. Fifty feet (50 ) of ROW or easement is required, with twenty-four feet of improved roadway. If the applicant were to receive a Variance to road-access standards it would involve Tres Caballos Place which is a gravel, privately maintained road. The applicant has not submitted a road surface analysis for these roadways, as noted by DAC Engineering staff. In the Variance request, the applicant states the following: Provide a Co-owner with legal documentation of ownership which legally separates the Co-owners. I have offered additional footage to increase the easements along the road of my property. I will commit my offer in writing for the future. The problem is with the other property owners along the road. I have also agreed to promise that we will not add additional facilities to our property that would increase traffic. Please Help. The Hardship existing is related to my Co-owner in this property which is Gerardo Ramirez, my brother. He and his wife are having marital issues which are headed to divorce. September 22, 2011 Page 5 of 12

6 He is giving half of his property to his wife. She wants her portion of the property legally titled with her name. The property was purchased in my name and cannot be legally documented and split without approval of the requested Variance. STAFF RECOMMENDATION: Staff recommends Denial of Case No. CV based on the findings. FINDINGS: 1. The request of this application is consistent with the following requirements of the Doña Ana County Land Use Regulations & Zoning Ordinance (#158-95), regarding Applications and Hearing Procedures for Variances: Section 2.6.A and Section 2.5.B. 2. The property is outside of any incorporated municipal zoning authority and the Las Cruces Extra-Territorial Zone, and is within Doña Ana County. 3. The Doña Ana County Planning & Zoning Commission has jurisdiction to review this application. 4. The Variance request has NOT met the following evaluation criteria under Article 2 Section 2.6.E of the Ordinance: Granting the Variance will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the area of notice. The proposed road access does not meet Section 4.4 of the County Ordinance. Granting the Variance is justified because there is a physical hardship or extraordinary economic hardship for the applicant resulting from the size, shape, existing structures, or topographical or other physical conditions on the site or in the area of notice. An inspection of the subject property s size, shape, and existing location does not reveal an unnecessary physical hardship. This is a self-imposed hardship; the applicant does not want to bear the expense of paving any roads to pursue a Claim of Exemption as required by the Ordinance. Granting the Variance will uphold the spirit and intent of this Ordinance and accomplish substantial justice. Granting of the Variance will not uphold the spirit and intent of the Ordinance Article I Section 1.1. The intent of the ordinance is to create orderly harmonious, economically sound development to promote the health safety and welfare of the citizens. Deviation from the regulation such as allowing gravel road easements in order to pursue a Claim of Exemption application where a fifty foot (50 ) wide right-of-way or easement with twenty-four feet (24 ) of improved roadway is required does not meet the standards and undermines the spirit and intent of the ordinance. 5. All notification and notice requirements have been met per Section 2.5.B. of the Ordinance. September 22, 2011 Page 6 of 12

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