PLANNING AND ZONING COMMISSION

Transcription

1 PLANNING AND ZONING COMMISSION DOÑA ANA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT Doña Ana County Government Center 845 N. Motel Blvd. Las Cruces, New Mexico Telephone: (575) MEETING DATE: March 10, 2011 CASE NO: REQUEST: APPLICANT: LOCATION: ZONING: PROPERTY SIZE: RECOMMENDATION: STAFF CONTACT: Case # CV A Variance to the minimum rear yard setback requirements Fernie Valles 119 San Benito in Berino, NM Performance District 0.34-acres Denial Albert Casillas, Planner SYNOPSIS: The applicant, Fernie Valles, is requesting a Variance to the minimum rear yard setback requirements. The applicant requests a ten foot (10 ) rear yard setback where a twenty-five foot (25 ) setback is required; in order to construct a 400 sq ft open patio. The 0.34-acre parcel is zoned PD (Performance District) and is addressed as 119 San Benito in Berino, NM. It is described as Block 2, Lots 9 and 10 of the Berino Townsite within Section 3, Township 26 South, Range 3 East; recorded on November 17, 2006 in Book 764, Page 584 in the Doña Ana County Clerk s office. The parcel can be further identified by Map Code # ATTACHEMENTS: (1) Case Analysis and Staff Recommendation. (2) GIS Information and Maps. (3) Application and Supporting Documents. March 10, 2011 Page 1 of 18

2 SURROUNDING ZONING AND LAND USES 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 A County Building Services Inspector noticed construction of a building on the rear of the subject parcel with no permit. On January 27, 2011, the applicant submitted Building Permit # 049. A review of the site plan revealed that the structure encroached on the rear yard setback. There are no other setback violations. Building Services will conduct building code inspection as required by the Building Code; this is a self imposed hard ship. EXISTING CONDITIONS & LAND USE/ZONING The 0.34-acre parcel is located in Berino, NM. The land use classification is Performance District and is Low Intensity Residential. The existing dwelling sits on the center of the property. The parcel measures approximately 100 x 150. The property is identified as being Lots 9 and 10 in Block 2 of the Berino Townsite. Access to the property comes from San Benito Street, a paved County road. There is a 20 platted alley in the rear of the property. There property is surrounded by residential development. On many of the surrounding parcels, there appear to be structures that are encroaching within the required setbacks. On December 13, 2007 the Planning and Zoning Commission approved a Variance request for a four foot five inch (4 5 ) rear yard setback where thirty feet (30 ) is required in order to construct a 4,400 sq. ft. addition to a 4,780 sq. ft. existing hall/church. The applicant was the Catholic Diocese and the property was located on 205 San Benito Street. The property was also adjacent to an existing 20-foot alley. The alley is platted on the San Berino Townsite Plat as recorded on May 1, 1905, in Book 3, pg. 65 in the Office of the Doña Ana County Clerk. March 10, 2011 Page 2 of 18

3 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 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.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 March 10, 2011 Page 3 of 18

4 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: Provide ponding for all impervious areas. All storm water runoff from all impervious areas including existing must be contained within lot. DAC Flood Commission: 1. Subject property is found not to be within a FEMA Special Flood Hazard Area and can be further identified on FIRM No C0800E. 2. Please be aware that drainage runoff from increases to impervious areas, needs to be maintained within the boundaries of the subject property. This drainage runoff cannot be routed into roadways or adjacent properties not owned by the applicant. DAC Fire Marshal: All fire code and fire flow requirements will be enforced at time of construction. DAC Building Services: A building permit is required and must meet all County, State, and code requirements. The building permit will be tripled fee. DAC Environmental Codes: No code violations found. DAC Rural Addressing: No comments. NOTICE / NOTIFICATION Thirty-two (32) letters of notification were sent out. Legal Notification was posted in the Las Cruces Sun-News on February 20, Signs were posted on the property. Agenda was posted on County Web Site. No letters in support or opposition were submitted. March 10, 2011 Page 4 of 18

5 STAFF ANALYSIS The proposed Variance request has met the requirements of the Ordinance for public notification. The application went through all of the appropriate agency reviews. The applicant failed to obtain a building permit as required by the County Ordinance. This is a self-imposed hardship The applicant states that if the Variance is not granted the following hardship is imposed: If I had left the 25 setback, the patio would have ended up right next to the backdoor of my house. The patio is 50% complete and cannot be moved. In addition, the applicant states: I had no idea you needed a permit for a free standing patio until the inspector told me. My property is 100 x 150 and the house sits on the center of the property. Living in Berino there is no house or even the church that has the required setbacks and people are using the alleys as their own property. 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 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. The proposed setbacks do not meet Section 4.4 of the County Ordinance. 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. 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. Granting the Variance will uphold the spirit and intent of this Ordinance and accomplish substantial justice. The applicant failed to obtain a building permit causing this to be a self-imposed hardship. Granting of the Variance will not uphold the spirit and intent of the Ordinance Article I Section 1.1. March 10, 2011 Page 5 of 18

6 The intent of the ordinance is to create orderly harmonious, economically sound development to promote the health safety and well fare of the citizens. Deviation from the regulation such as allowing a ten foot rear yard setback that does not meet the standards 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. STAFF RECOMMENDATION: Staff recommends Denial of Case No. CV based on the findings. March 10, 2011 Page 6 of 18

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