DOÑA ANA COUNTY CASE # V09-007 COMMUNITY PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT Building Planning GIS 845 North Motel Boulevard Las Cruces, New Mexico 88007 (575) 647-7350 Fax: (575) 525-6131 Toll Free: 1 (877) 827-7200 TTY: (575) 525-5951 www.donaanacounty.org CASE ANALYSIS APPLICANT: Clayton Henry CASE NUMBER: V09-007 REQUEST: A Variance of ten (10) feet from the required fifteen (15) foot side yard setback and a one and one-half (1.5) foot and a five (5) foot Variance from the required ten (10) foot setbacks between structures. LOCATION: 3930 Desert Broom Ct., Las Cruces, NM 88011 CASE # V09-007/HENRY: The applicant, Clayton Henry, is requesting a Variance to the side yard setback requirement within the ER 3c District (Residential, 1-acre minimum new lot size, single-family site built homes) and two Variances from the minimum setback distance between structures, to construct a 1,075 sq. ft. RV garage on the east side of the residence. Article III, Section 3.1.C.1.b of the ETZ Ordinance requires a fifteen foot (15 ) side yard setback. A Variance of ten feet (10 ) is being requested resulting in a five foot (5 ) side yard setback. The applicant is also requesting Variances of 1.5 feet (1.5 ) and five feet (5 ) from the required 10 foot (10 ) setback between structures per Article IV, Section 4.2.A.4, to allow for the construction of the RV garage. The 1.02-acre subject parcel is located east of the City of Las Cruces, south of Dripping Springs Rd., within Section 17, Township 23 South, Range 3 East, and is addressed as 3930 Desert Broom Ct. The subject property is described as Lot 2, Block J of the Desert Mirage Subdivision as recorded in the office of the Doña Ana County Clerk June 2, 1999, in Book 19, Pages 286-287, and can be further identified by Map Code # 4-014-135-349-413. STAFF RECOMMENDATION: Based on the analysis and findings of fact staff recommends Approval of Case #V09-007 / Henry. V09-007/Henry - 1 -
STAFF ANALYSIS: The applicant is proposing to construct a 1,075 sq. ft. accessory building to be used as a RV garage on the east side of the applicants residence. The applicant wishes to construct the proposed RV garage on the east side of the residence with a five (5) feet setback, in lieu of the required fifteen (15) foot side yard setback and five (5) feet from the southeastern corner and eight and one-half (8.5) feet from the northeastern corner of the residence in lieu of the ten (10) foot requirement. Article IV, Section 4.2.A.5, states, There shall be no permanent structures located on easements without written approval of the County Planning Division. A twelve foot (12 ) wide utility and drainage easement runs along the southern boundary of the parcel and the newly realigned twenty (20) foot drainage easement runs along the eastern property line from the northeast to the southwest where it is channeled under the pavement at the entrance from Desert Broom Ct. to the applicants driveway. The applicant is proposing to place the 1,075 sq. ft. RV garage five feet (5 ) from the eastern property line and outside of the newly aligned drainage easement located on the east and south sides of the property. The applicant has replatted the existing drainage easement for realignment further to the south of the original course. The replat was approved and recorded in the office of the Doña Ana County Clerk with Instrument No. 0928047 on 10/9/2009 (See pages 10-13). The new easement alignment establishes the drainage easement outside of the residential building footprint and allows the applicant to utilize the space next to the residence for the proposed RV garage. If this Variance Request is approved the DAC Flood Commission staff will review the building permit application for any further issues at the time of submittal. Water is supplied to the property by Moongate Water Co. and an NMED approved septic system (DA040130) is located on the property (See pages 15-17). Staff s inspection of the property revealed that the northwestern portion of the parcel is bounded by a large arroyo that traverses across the area from northeast to southwest. The banks of the arroyo extend well into the subject parcel and present topographical problems to placing any structure north of the residence (See aerial page 14). As mentioned above, the southern portion of the parcel also contains a drainage easement which prevents the applicant from utilizing the southern portion of the property for the proposed RV garage. The applicant has stated (See page 8) that any other site on the property would be further from the parcels existing utilities and the existing garage. He also wants to preserve his and his neighbors view of the Organ Mountains by placing the RV garage in the proposed location. The applicant has supplied answers to the Extra-territorial Zoning Ordinance Article II, Section 2.3.C/ Required Findings. (See page 8) Based on the information provided by the applicant, a review of all agency comments, the ETZ Ordinance, the applicants meeting of the requirements of Section 2.3.C/Required Findings, and staff s determination that the topographical and physical problems presented by the proximity of the arroyo and the drainage easements around and through the subject parcel precludes the placement of the RV garage on any location outside of the setbacks, staff recommends approval of Variance Request Case # V09-007/Henry V09-007/Henry - 2 -
FINDINGS: The Extra-Territorial Authority shall receive, hear and make final determination on said Variance Case #V09-007 to consider a Variance to the ER3c Zoning District requirements for rear yard setbacks based on the following 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 1.02-acre subject parcel is Lot 2, Block J of the Desert Mirage Subdivision, platted and recorded June 2, 1999, and is a developed residential parcel with a 2,781 sq. ft. site-built home. 3. The Extra-territorial Zoning Ordinance Article III, Section 3.1.C.1.b requires a fifteen foot (15 ) side yard setback. 4. The Extra-territorial Zoning Ordinance Article IV, Section 4.2.A.4 states, There shall be no less than ten (10) feet between buildings or structures located on the same lot, tract or parcel. 5. Article IV, Section 4.2.A.5, states, There shall be no permanent structures located on easements without written approval of the County Planning Division. 6. Article II, Section 2.3.B states, 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. 7. The Variance requests are warranted under the Extra-territorial Zoning Ordinance Article II, Section 2.3.C/Required Findings, because the applicant has shown that (Applicant s responses in italicized bold letters): a. Granting the Variances 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. Our next-door neighbors at 3490 Desert Bloom Ct. have an RV garage and there are others in the Desert Mirage subdivision. (See page 18) 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. The proposed building will be more than 50 ft. from the closest home at 3915 Quail Bush Ct. and will meet all building code requirements. Granting the variance will actually improve the neighborhoods appearance by removing one RV and one or two other vehicles from view. See attached photo. (See Page 18) V09-007/Henry - 3 -
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. Granting this variance will allow me to construct the RV garage on the best location on my property. There are other areas on our lot that the RV garage could be located without a variance but they would block either our view, or our neighbor s view of the Organ Needles. The other locations would also be further from the current garage and all utilities. See attached sketch and photos. ZONING DESIGNATION: ER 3c PARCEL AREA: 1.02-acre ADJACENT ZONING/LAND USE: North ER3 Residential, 1-acre new lot minimum, single-family site-built homes South: ER2 Residential, 2-acre new lot minimum, single-family site-built homes West ER3 Residential, 1-acre new lot minimum, single-family site-built homes East ER2 Residential, 2-acre new lot minimum, single-family site built homes Physical Characteristics of the Site: Fully developed, 1.02-acre residential parcel with a 2,781 sq. ft. site-built house. Access is gained from Desert Broom Ct, a residential cul-de-sac that intersects with Desert Mirage Drive, a minor local street. A twelve foot (12 ) drainage and utility easement runs along the southern boundary of the parcel and a recently approved twenty foot (20 ) wide drainage easement runs along eastern boundary of the parcel southwest to the cul-desac at the southern end of the parcel. The northern portion of the parcel is dominated by an arroyo traversing in a northeast to southwest direction across the parcel. Agency Comments County Fire Marshal: All fire code and fire flow requirements will be in affect at the time of building plan review.. County Building Inspection: A Building Permit is required and must meet all County, State and code requirements. The permit has not been applied for. County Engineering Department: 1. All storm water runoff from impervious areas must be contained within subject area. Provide ponding area and calculations. 2. Discuss with DAC Fire Marshal on the required eave to eave building lengths. 3. Do not place garage on any existing easements or liquid waste systems. 4. Must acquire all building permits. V09-007/Henry - 4 -
County Flood Commission: 1. Pursuant to Flood Insurance Rate Map (FIRM) No. 35013C0675 E (Effective Date: 9/27/91), the subject property is located within a Flood Zone X Area determined to be outside the 500-year floodplain. This flood zone is not a Special Flood Zone Hazard Area. 2. Please provide a grading and drainage plan prepared by a registered professional engineer to demonstrate that drainage patterns will not be adversely affected by the addition of the proposed garage. The plan must show how increased runoff form the proposed garage will be mitigated on-site. Increased runoff will not be permitted to enter existing arroyos/drainage easements without a drainage analysis prepared by a registered professional engineer. 2 nd Review: DAC Flood has approved the drainage easement realignment and replat and will review the site for any additional issues at time of building permit review. County Environmental Codes: No violations. County Rural Addressing Coordinator: No comments. New Mexico Environmental Department: Wastewater Treatment and Disposal: The applicant has an approved liquid waste permit (DA040130) for a three bedroom home. The RV waste must not be dumped into the septic system. City of Las Cruces MPO: No comments. Desert Broom Ct. is a local road. City of Las Cruces Planning: No subdivision issues. New Mexico Department of Transportation: No significant impact to State s highway system. Moongate Water Co.: Moongate Water Co. has no comments or concerns on this case. Community Notification: Letters of notification were sent to twenty-one (21) property owners. Signs were placed on the property January 5 and the case was advertised in the Las Cruces Sun-News on January 3. A petition in opposition (See pages 19-23) was submitted to staff by George Kuehl (#17 on the notification list) with 39 signatures. Seven (7) of the signatories are from within the area of notification. No letters of support were received by staff. V09-007/Henry - 5 -
Site Plan of Proposed Garage V09-007/Henry - 6 -
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Survey of Existing Easement V09-007/Henry - 9 -
New Easement Alignment Survey with Topo Lines V09-007/Henry - 10 -
New Easement Description V09-007/Henry - 11 -
New Easement Notary Page V09-007/Henry - 12 -
New Easement Signature Block V09-007/Henry - 13 -
2007 Aerial Close-up of Subject Parcel V09-007/Henry - 14 -
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Septic Permit V09-007/Henry - 16 -
Septic System Site Plan V09-007/Henry - 17 -
Applicant Photos of RV Garages in Neighborhood V09-007/Henry - 18 -
Petition from Mr. Kuehl V09-007/Henry - 19 -
Petition (Continued) V09-007/Henry - 20 -
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Petition (Continued) V09-007/Henry - 22 -
Petition (Continued) V09-007/Henry - 23 -
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Notification List V09-007/Henry - 27 -