EXTRA-TERRITORIAL ZONING AUTHORITY

Transcription

1 EXTRA-TERRITORIAL ZONING AUTHORITY DOÑA ANA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT Doña Ana County Government Complex 845 North Motel Boulevard Las Cruces, New Mexico Office: (575) MEETING DATE: April 20, 2011 CASE NO: Case # V REQUEST: APPLICANT: LOCATION: Nineteen foot (19 ) Variance to the required 25 foot (25 ) rear yard setback to construct an accessory building. Daniel B. McCurley 6552 Rio Seco Ct., La Mesa, NM ZONING: ER 2 PROPERTY SIZE: 0.34 acres RECOMMENDATION: Approval STAFF CONTACT: Steve Meadows, Planner SYNOPSIS: CASE # V11-002/MCCURLEY: The applicant, Daniel B. McCurley, is requesting a nineteen foot (19 ) Variance to the twenty-five foot (25 ) rear yard setback requirement resulting in a six foot (6 ) rear yard setback on the east side of the parcel to construct a 676 sq. ft. studio within the ER 2 (Residential, 2-acre minimum new lot size, single-family site built homes) Zoning District. It is located south of the City of Las Cruces within Section 20, Township 24 South, Range 2 East, and is addressed as 6552 Rio Seco Ct., La Mesa, NM. The parcel is described as Lot 11, Block 1 of the Valle Del Rio Subdivision No. 1, as recorded in the office of the Doña Ana County Clerk on August 3, 1984, in Plat Book 13, Pages , and can be further identified by Map Code # Report Contents: (1) Summary (2) Applicable Policies and Ordinances (3) Staff Analysis (4) Site Plan and Supporting Documents (5) GIS Information and Maps. April 20, 2011 Page 1 of 18

2 SURROUNDING ZONING AND LANDUSES: SITE ZONING LAND USE North South East West ER2 Residential, 2-acre min. new lot size, single family site built homes ER3 Residential, 1-acre min. new lot size, single family site built homes. ER3 Residential, 1-acre min. new lot size, single family site built homes ER3 Residential, 1-acre min. new lot size, single family site built homes Agricultural Land Uses Residential Uses Agricultural and Residential Land Uses Residential Uses BACKGROUND: The subject property is a residentially developed 0.34-acre parcel containing a 2,192 sq. ft. single family site built residence. The parcel is roughly triangular in shape as it narrows from 146 feet along the east boundary to approximately 32.4 feet across the west portion abutting Rio Seco Ct., a cul-de-sac classified as a local road by the Las Cruces MPO and serving as access to the property. The parcel is located within the Valle Del Rio Subdivision No. 1, which was approved in August The property is bounded on the north by the Del Rio Lateral, a 60 foot wide irrigation canal R-O-W owned and operated by the Elephant Butte Irrigation District. A 5 foot (5 ) utility easement is located along the south and east boundary lines of the subject property. A septic system (EID Permit # ) and leach field for a three bedroom home is located in the north portion of the subject parcel. Water is supplied by Valle Del Rio Water Service, LLC (see page 13). An irrigation well is located in the northeast corner of the subject parcel. The subject parcel is located within the ER2 (Residential, 2-acre minimum new lot size, single-family site-built homes) Zoning District. The applicant is proposing to construct a 676 sq. ft. accessory structure to be used as a rehearsal studio, hobby room and household storage area. The applicant wishes to place the accessory structure in the northeast corner of the property, six feet (6 ) from the north and east property lines. Electricity will be the only utility that is connected to the proposed building. APPLICABLE REGULATIONS AND CRITERIA FOR APPROVAL Las Cruces Extra-territorial Zoning Ordinance No , as amended: Section 2.3 Granting Variances Section 2.3.A Application An application for a variance shall be submitted to the by filing a copy of the application with the Doña Ana Planning Director. Application shall April 20, 2011 Page 2 of 18

3 be processed in accordance with Subsection 2.1.C of this Article (see 2.6.D, Administrative Variances). Section 2.3.B Granting Variances A variance may be granted by the Extra-territorial Authority if it concludes that strict enforcement of the Ordinance would result in practical difficulties or unnecessary physical hardships for the applicant resulting from the size, shape or existing structures thereon, or from topographic or physical conditions on the site or in the immediate vicinity, and that by granting the variance, the spirit of this Code will be observed, public safety and welfare secured and substantial justice done. Cost and inconvenience to the applicant of strict or literal compliance with the regulation may be given consideration, but shall not be the sole reason for granting a variance. Variances will be considered in the following cases: 1. Height, yard, setback, lot area, site coverage and gross floor area requirements of this Code; 2. Parking and loading requirements of this Code; 3. Sign and fence requirements of this Code; 4. Limitations stated for minimum distances permitted; 5. Strict application of the terms of this Code relating to the use, construction or alteration of buildings and/or signs. Section 2.3.C Required Findings Before recommending or granting a variance, the ETZ Authority shall make the following findings: 1. Granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties with three hundred fifty (350) feet and also in the same land use district. 2. Granting of the variance will not be detrimental to the public health, safety, welfare or be materially injurious to properties or improvements in the vicinity. 3. Strict or literal interpretation and enforcement of the specified performance standard or regulation would result in unnecessary physical hardship inconsistent with the purposes of this Code. Section 2.3.D Surrounding Properties In granting variances, the Extra-territorial Authority may impose such reasonable conditions as will ensure that the use of the property to which the variance applies will be as compatible as practicable and will not adversely affect surrounding properties. Section 2.3.E Duration of Variance A variance may be issued for an indefinite duration or for a specified duration only. Section 2.3.F Nature of Variances Specified The nature of the variance and any conditions attached to it shall be entered on the face of the zoning permit or the zoning permit may simply not the issuance of the variance April 20, 2011 Page 3 of 18

4 and refer to the written record of the variance for further information. All such conditions are enforceable in the same manner as any other applicable requirements of the Code. Section 2.3.G Hearing Variance Requests The Extra-territorial Authority shall hear and decide all variance requests as expeditiously as possible. Public notification of the proposed action should be accomplished in accordance with Subsection 2.1.G of this Article. Section 2.3.H Voting of Variance Requests Decisions on any requests for variances of this Code shall be approved by simple majority of the total membership of the Extra-territorial Authority. Section 3.1.B.1 ER2M RESIDENTIAL DISTRICT 3.1.B.1.a 3.1.B.1.b 3.1.B.1.c 3.1.B.1.d PURPOSE The ER2M zoning district is intended as a residential district of single-family site-built homes and mobile homes on large size lots specifically designed for keeping of certain livestock with not more than one (1) dwelling and customary accessory buildings upon one (1) lot. It is intended that the ER2M district meet the demand for those lifestyles that include the raising and keeping of animals in a rural atmosphere in areas where the impact of such activities on those who do not share this lifestyle is negligible. DEVELOPMENT REQUIREMENTS Minimum lot size 2 acres (except cluster development) Minimum lot width 120 feet Minimum lot depth 100 feet Minimum front setback 25 feet Minimum side setback 15 feet Minimum rear setback 25 feet Maximum building height 35 feet PERMITTED USES The permitted uses set for the ER1M district as outlined in Section 3.1.A.1.c of this Article are applicable to the ER2M district. SPECIAL USE PERMITS The Special Use Permit uses and conditions set for the ER1M district as outlined in Section 3.1.A.1.d of this Ordinance are applicable to the ER2M district. Section 3.1.B.2 ER2 RESIDENTIAL DISTRICT 3.1.B.2.a PURPOSE The ER2 zoning district is intended as a residential district of single-family site-built homes on large size lots specifically designed for keeping certain livestock with not more than one (1) dwelling unit and customary accessory building upon one (1) lot. It is intended that the ER2 district meet the demand for those lifestyles that include April 20, 2011 Page 4 of 18

5 3.1.B.2.b 3.1.B.2.c 3.1.B.2.d the raising and keeping of animals in a rural atmosphere in areas where the impact of such activities on those who do not share this lifestyle is negligible. DEVELOPMENT REQUIREMENTS The development requirements set for the ER2M district are outlined in Section 3.1.B.1.b of this Article and are applicable to the ER2 district. ER2 PERMITTED USES The permitted uses set for the ER1M district as outlined in Section 3.1.A.1.c of this Article are applicable to the ER2 district, EXCEPT that mobile homes are not allowed in the ER2 district. ER2 SPECIAL USE PERMITS The Special Use Permit uses and conditions set for the ER1M district as outlined in Section 3.1.A.1.d of this Article are applicable to the ER2 district. 4.2.A.1 SETBACK EXCEPTIONS a. A fifteen (15) foot street setback shall be permitted on one (1) front yard of corner lots and double frontage lots and on two (2) front yards of triple frontage lots (see Appendix A for illustrations). b. New dwellings may be erected as close to a front property line as the average distance established by the existing dwellings, provided the lots on the same side of the block are at least forty (40) percent developed (see Appendix A for illustrations). c. An addition to a main dwelling, no larger than twenty (20) percent of the floor area of the main dwelling, shall be permitted as an extension of existing building lines which have non-conforming setbacks. Setbacks for such an addition shall be at least equal to the main dwelling setback (see Appendix A for illustrations). d. On platted lots of record, a minimum setback of five (5) feet shall be permitted on the side yard of lots having a front lot line width of less than fifty-one (51) feet. e. There shall be a minimum setback of one (1) foot for each foot in height of any building, other than one-family/two-family structures, abutting a residential zone. f. Setbacks for odd-shaped lots shall be determined by the Planning Director or his/her designee in accordance with Appendix A. AGENCY COMMENTS: New Mexico Department of Transportation, Deming: No significant impact to the State s highway system. New Mexico Environment Department: 1.) Wastewater Treatment and Disposal The property has a permit (#050388) for a three bedroom home on 0.33-acres. The existing permit is good as long as the studio is not to be used for rental property. 2.) Water Supply/Water Quality No comment. 3.) Solid Waste Disposal No comment. 4.) Surface Drainage/Land Clearing/Dust Control No comment. April 20, 2011 Page 5 of 18

6 City of Las Cruces MPO: Rio Seco Ct. is a local road. City of Las Cruces Planning Department: This subdivision was created prior to the ETZ. No ETZ subdivision issues exist for the subject property. DAC Engineering Department: 1.) It seems there is ample room. Consider reducing Variance request. 2.) All storm water runoff from all impervious areas including existing must be contained within lot. Provide ponding calculations. Pond must contain 125% required volume plus 1 foot of freeboard. 3.) Eave to eave setbacks are 10 feet. 4.) Do not place on any easements or septic systems. DAC Flood Commission: Agency/Department Comments: 1.) The subject property found not to be within a FEMA Special Flood Hazard Area and can be further identified on FIRM # 35013C0650 E. The type of flood zone associated with the subject property is the 500-year Flood Area, with a description of, Areas of 500-year flood; areas of 100-year flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 100-year flood. Please be aware that the subject property is still susceptible to localized flooding despite not being identified within a FEMA Special Flood Hazard Area. 2.) Please be aware that the subject property is still susceptible to localized flooding despite not being identified within a FEMA Special Flood Hazard Area. Applicant s Responsibility: Roof (drainage) runoff from increases to impervious area(s) needs to be maintained within the boundary limits of the subject property. On-lot drainage ponding shall be required. DAC Fire Marshal: Variance approved. DAC Building Services: A building permit is required and must meet all County, State and code requirements. The permit has not been applied for. DAC Zoning Codes: No open cases at this time. DAC Environmental Codes: No codes violations. DAC Rural Addressing: No comments. Elephant Butte Irrigation District: No objections. PUBLIC NOTICE / NOTIFICATION 37 letters of notification were sent out on April 4, Legal Notification was posted in the Las Cruces Sun-News on Sunday, April 3, 2011 Signs were posted on the property in a timely manner. Agenda was posted on County Web Site. No correspondence was received by staff either in support or opposition to this case. STAFF ANALYSIS: The applicant is proposing to construct a 676 sq. ft. studio in the northeast corner of the parcel. The proposed structure will not have a bathroom or kitchen. Electricity will be April 20, 2011 Page 6 of 18

7 the only utility supplied to the building. The applicant wishes to place the accessory structure six feet (6 ) from the rear property line in lieu of the twenty-five foot (25 ) rear yard setback that is required by Section 3.1.B.2.b of the ETZ Ordinance 88-02, as amended. The parcel is located in the ER 2 (Residential, 2-acre minimum new lot size, single family site built homes) Zoning District and is 0.34-acres in size. The 2,192 sq. ft. residence was constructed in 1985 with the approval of Building Permit # The applicant has supplied his answers to Section 2.3.C Required Findings for Variance Requests (See page 12). The applicant states that the irregularly shaped property, the location of the septic system leach field and the irrigation well restricts his options for the placement of the studio to the proposed location in the southeast corner of the subject parcel outside of the five foot (5 ) utility easements located along the south and east property lines. He also states that he has spoken to several members of the surrounding neighborhood and they have voiced their approval for the proposed location of the structure on the property. He believes that by placing the studio in the proposed location it will allow him to have a useable backyard area for his family to enjoy. Staff located two approved Variances within the Area of Notification and within the ER2 Zoning District and the Valle Del Rio Subdivision No. 1 neighborhood. Variance Request Case # V01-001/Contreras (Property #5 on Notification List) was approved in October of 2001 for Variances to the rear and side yard setbacks. Variance Case # V07-009/Rhoton was approved in August 2007 for side yard setbacks. The location of this approved Variance request is outside of the Area of Notification and approximately 900 feet west of the subject parcel but within the Valle Del Rio Subdivision No. 1 and the same ER2 Zoning District that the subject property is located. These two approved Variance cases located within the Area of Notification or within the same Zoning District underpins the finding that granting the proposed variances would not constitute a special privilege for the applicant as required by Section 2.3.C of the Ordinance. If the Variance is approved, the public health, safety, and welfare will be protected by obtaining the required building permits from DAC. The required inspections are in place to ensure the public will be protected. There were no negative comments received from agencies reviewing the case or from the surrounding neighbors. In response to the third question concerning an unnecessary hardship being imposed on the property owner if the Variance is not approved, the applicant has stated that his choice of locations is limited to areas near the east and north boundary lines (See page 10) due to the unique size and shape of the lot (it narrows from approximately 146 feet along the east boundary to approximately 40 feet across the west portion abutting Rio Seco Ct.), and due to the location of the septic system leach field and the irrigation well in the northern quadrant of the subject parcel. If not approved, he believes it will hinder his family s ability to enjoy the backyard area of the property. By failing to grant the Variance, practical difficulties for the applicant would result because of the unique shape of the lot, location of the residence, and the placement of the septic system and irrigation well. This would be inconsistent with the spirit and purpose of the code and would therefore, deny the applicant the same use of his property as the surrounding properties are able to enjoy. April 20, 2011 Page 7 of 18

8 Article 4, Section 4.2.A.1 of the ETZ Ordinance No , as amended, (See page 5) allows side yard setbacks of five feet (5 ) when platted lots of record have a front lot line width of less than fifty-one (51) feet. The site plan (See page 10) indicates a front lot width of approximately thirty-three feet (33 ) on the west property line abutting Rio Seco Ct. The proposed structure is to be placed six feet (6 ) from the south property line which is designated as a side yard. The proposal locates the building outside of the five foot (5 ) utility easement and would therefore meet the requirements of the Ordinance. FINDINGS: 1. The request of this application is consistent with the requirements of the Las Cruces Extra-territorial Zoning Ordinance Article II, Section 2.1.C/Application Procedures and Section 2.1.G/Public Hearing and Notice Requirements. 2. The subject property is located outside the corporate limits of the City of Las Cruces, but within the five-mile Extra-territorial Zone (ETZ) as set forth by (1), NMSA 1978 and the Joint Powers Agreement between Doña Ana County and the City of Las Cruces. Therefore, the Las Cruces ETZ Authority (ETA) has jurisdiction to review this case. 3. The property is located within the ER2 Zoning District requiring a twenty-five (25) foot rear yard setback. 4. The subject parcel was created as part of the original Valle Del Rio Subdivision No. 1 Plat filed August 3, Article 4, Section 4.2.A.1.d allows a minimum side yard setback of five feet (5 ) on platted lots of record having a front lot line width of less than fifty-one (51) feet. 6. The Variance request is warranted under the Extra-territorial Zoning Ordinance Article II, Section 2.3.C/Required Findings, because the applicant has shown that: a. Granting the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties within three hundred fifty (350) feet and also within the same land use district, because Variance Case # V01-001/Contreras and Case # V07-009/Rhoton were approved for similar requests on properties located within the Area of Notification or the same land use district. b. Granting of the Variance will not be detrimental to the public health, safety, welfare, or be materially injurious to properties or improvements in the vicinity. By obtaining all appropriate Permits, as required by the Ordinance, the protection of the public health, safety, and welfare will be ensured and the action will not be materially injurious to properties in the vicinity as there have been no protests or negative comments in that regard. c. Strict or literal interpretation and enforcement of the specified performance standard or regulation would result in unnecessary physical hardship inconsistent with the purposes of this code. The unique shape of the parcel, location of the residence, and the location of the septic system leach field and an irrigation well, limits the placement of the accessory structure on the lot to the proposed site and would result in the applicant being unable to enjoy his property in the same manner that neighboring properties can. April 20, 2011 Page 8 of 18

9 STAFF RECOMMENDATION: The applicants proposal meets all three requirements of the ETZ Ordinance Section 2.3.C Required Findings. Staff considers the request to not be a special privilege, not a danger to the public health, safety and welfare and it would be an unnecessary hardship and prevent him from enjoying his property as others in the area can. The request also meets the requirements of the other applicable sections of the Ordinance; therefore, staff recommends APPROVAL of Variance Request Case # V11-002/McCurley. April 20, 2011 Page 9 of 18

10 Site Plan April 20, 2011 Page 10 of 18

11 Applicant s Narrative April 20, 2011 Page 11 of 18

12 2.3.C Responses April 20, 2011 Page 12 of 18

13 Septic Permit # April 20, 2011 Page 13 of 18

14 Ready, Willing & Able Letter April 20, 2011 Page 14 of 18

15 Proposed Floor Plan for Accessory Structure April 20, 2011 Page 15 of 18

16 April 20, 2011 Page 16 of 18

17 April 20, 2011 Page 17 of 18

18 GIS Notification Table April 20, 2011 Page 18 of 18