EXTRA-TERRITORIAL ZONING AUTHORITY

EXTRA-TERRITORIAL ZONING AUTHORITY DOÑA ANA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT Doña Ana County Government Complex 845 North Motel Boulevard Las Cruces, New Mexico 88007 Office: (575) 647-7237 MEETING DATE: January 21, 2015 CASE #: V14-013 REQUEST: PURPOSE: PROPERTY OWNER/ APPLICANT/AGENT: LOCATION: Variance to the rear yard setback for a pool enclosure, and Variances to the rear yard setback and the side yard setback for a storage building. Also Variances to the total maximum accessory building footprint, the maximum height of accessory structures and the minimum distance between structures. To permit two existing structures on the property. Omar Velazquez, Melissa Gorham, Agent 5720 Vanegas Dr. Las Cruces, NM 88005 LEGAL DESCRIPTION: Lot # 4, Block 1 of the Ranchos de Doña Ana Subd. Phase 2, as recorded in the Office of the DAC Clerk on May 9, 2001, in Book 268, Page 363. EXISTING ZONING: PROPERTY SIZE: ER5 0.33-acres MAP CODE: 4-005-129-186-284 RECOMMENDATION: CASE MANAGER: Conditional Approval Steve Meadows, Planner Report Contents: (1) Cover Page (2) Applicable Policies and Ordinances (3) Staff Analysis (4) Site Plan and Supporting Documents (5) GIS Information and Maps (6) Public Notification. Extra-territorial Zoning Authority Jan. 21, 2015 Page 1 of 28

SURROUNDING ZONING AND LAND USES SITE ZONING LAND USE North South ER2 (Residential, 2-acre minimum new lot size, single family site built homes) EC3 (Planned Commercial District, 3.0-acres minimum new lot size, integrated design for retail & personal services) Agricultural and sparse residential uses Vacant Land East Transportation Corridor I-25 Highway West EV (Village District) Residential uses BACKGROUND Existing Conditions & Land Use/Zoning: The subject parcel is a 0.33-acre rectangular shaped parcel within the Ranchos de Doña Ana Subdivision Phase 2 (Pages 15-16) platted in 1992. It is located within an ER5 (Residential, 1/3-acre minimum new lot size, single family, site-built homes) Zoning District. A 2,126 sq. ft. residence, located on the western half (front) of the parcel, was constructed in 1992 (Permit #12626) and a 252 sq. ft. attached garage added in 2002. Three accessory structures are located on the eastern half (rear) of the parcel totaling 2,647 sq. ft. Those structures are a 1,683 sq. ft. pool enclosure (no permit), a 364 sq. ft. equipment storage building (no permit) and a 600 sq. ft. (Permit #25198) game room (See Site Plan - Page 10). The property is accessed on the west side by Vanegas Drive, a paved, county maintained Local Road as classified by the Mesilla Valley MPO (Page 6). Water and sewer are provided by Doña Ana Mutual Domestic Water Consumers Association. A ten foot (10 ) utility easement is located along the eastern property line and a twelve foot (12 ) utility easement along the western property line. The Request: The applicant is requesting Variances: 1) from twenty-five feet (25 ) to ten feet (10 ) on the rear yard setback for an existing pool enclosure, and 2) from five feet (5 ) to zero feet (0 ) on the rear yard setback and 3) from five feet (5 ) to two and one-half feet (2.5 ) on the side yard setback for an existing storage building, and 4) from 1,438 sq. ft. to 2,647 sq. ft. to the total maximum accessory building footprint, and 5) from ten feet (10 ) to two and one-half feet (2.5 ) to the minimum distance between structures, and 6) from thirteen feet eight inches (13 8 ) to fifteen feet (15 ) to the maximum accessory building height within an ER5 Zoning District. This case was postponed at the November 19, 2014, hearing to allow the applicant to address some agency review comments. Extra-territorial Zoning Authority Jan. 21, 2015 Page 2 of 28

APPLICABLE PLANS, POLICIES AND CRITERIA FOR APPROVAL Las Cruces Extra-territorial Zoning Ordinance No. 88-02, as amended: Section 2.3 Granting Variances Section 2.3.A Application An application for a variance shall be submitted to the Extra-territorial Zoning Authority by filing a copy of the application with the Doña Ana County Planning Director. Application shall 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. Extra-territorial Zoning Authority Jan. 21, 2015 Page 3 of 28

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 note the issuance of the variance 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.F.1 ER5M RESIDENTIAL DISTRICT 3.1.F.1.b DEVELOPMENT REQUIREMENTS Minimum lot size 1/3 acre (except cluster development) Minimum lot width 80 feet Minimum lot depth 80 feet Minimum front setback 20 feet Minimum side setback 10 feet Minimum rear setback 25 feet Maximum building height 35 feet Section 3.1.F.2 ER5 RESIDENTIAL DISTRICT 3.1.F.2.a PURPOSE The purpose of the ER5 district is to provide for single-family site-built homes in moderately low densities together with such recreational facilities, public uses and accessory uses as may be necessary or are normally compatible with residential surroundings. 3.1.F.2.b DEVELOPMENT REQUIREMENTS The development requirements set for the ER5M district as outlined in Section 3.1.F.1.b of this Article are applicable to the ER5 district. (See above) 4.2.A.5 EASEMENT ENCROACHMENTS There shall be no permanent structures located on easements without written approval of the County Planning Division. Extra-territorial Zoning Authority Jan. 21, 2015 Page 4 of 28

7.1.A HEIGHT AND SETBACK REQUIREMENTS FOR ALL RESIDENTIAL DISTRICTS 1. A minimum distance of ten (10) feet, measured eave to eave, from the primary structure. 2. A minimum distance of five (5) feet from side and rear property lines for any accessory building of six hundred (600) square feet or less gross floor area. 4. A maximum height up to the height of the primary structure, not to exceed twenty-five (25) feet. 7.1.B SIZE REQUIREMENTS 1. The maximum accessory building footprints for all accessory buildings combined shall be limited to ten percent (10%) of the total (gross) lot area and shall not exceed three thousand (3,000) square feet, except where a variance has been issued. Applicants wishing to exceed the standards of this Article may apply to the Planning Director for a Variance following the procedures in Section 2.3 of this Ordinance, along with a non-refundable application fee. AGENCY COMMENTS DAC Engineering: Provide a typewritten response to each of the comments with the resubmittal. 1) All storm water runoff from all impervious areas must be contained within lot. Provide ponding calculations. Pond must contain 125% of required volume. 2) A grading and drainage plan is needed. 3) It is recommended that the pond be installed and inspected before any approval. 4) Is the building placed on any easements? 5) When submitting for other permits other comments may arise. 6) Eave to eave setbacks of the buildings must be 10 feet apart. (Response from applicant Pages 21-22) DAC Flood Commission: 1) The subject property found not to be located within a FEMA Special Flood Hazard Area and can be further identified on FIRM No. 35013C0525 E. The flood zone description of the subject property is known as Flood Zone X (Areas determined to be outside the 500-year floodplain). 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. 3) Additional reviews may warrant additional comments. Applicants Responsibility: 1) Drainage runoff, as a result of increases to impervious area (i.e., construction of a new home, concrete slabs, placement of a Manufactured Home, accessory buildings, etc.), shall be maintained on property. 2) A Drainage Maintenance Agreement is warranted for on-lot drainage facilities (i.e. on-lot ponding) pursuant to Article IV of the Dona Ana County Design Standards Ordinance Ch. 157-29.C.8. One is attached for your signature. DAC Fire Marshal: No fire code issues. Variances approved only. DAC Building Services: Permit for garage - #25198, 7-3-02, finaled 7-19-02. Permit for addition to rock wall - #24095 7-16-01, finaled 4-25-02. No permits for pool or enclosure of the pool. Inspection of project prior to permitting at a triple fee. House permit #12626, 4/13/92. Extra-territorial Zoning Authority Jan. 21, 2015 Page 5 of 28

DAC Rural Addressing Coordinator: No comments. DAC Zoning Codes: No open cases. DASO Codes: Approved. 9/16/14 NMED: Wastewater Treatment and Disposal: No comment, the home is on community sewer system. Water Supply/Water Quality, Solid Waste Disposal, Surface Water Bureau: No comment. NMDOT: No significant impact to state s highway system. Mesilla Valley MPO: Vanegas Dr. is a local road. CLC Planning Dept: Defer to the County staff whether the proposal meets the intent and findings required for a variance as found in Sections 2.3.B and 2.3.C of the ETZ Zoning Code. EBID: EBID has no objection to this Variance. NOTICE / NOTIFICATION First scheduled hearing: 75 letters of notification mailed out on October 31, 2014. Legal Notification was posted in the Las Cruces Sun-News on Sunday, November 2, 2014. Signs were posted on the property in a timely manner. Agenda was posted on County Web Site. Received one email (Page 20) from Ms. Eliza Garcia (#35 on notification list) in opposition to the variance request. No other correspondence in support or opposition was received by staff. January 21, 2015 hearing: 75 letters of notification mailed out on January 2, 2015. Legal Notification was posted in the Las Cruces Sun-News on Sunday, January 4, 2015. Signs were posted on the property in a timely manner. Agenda was posted on County Web Site. No correspondence in support or opposition was received by staff. STAFF ANALYSIS Variance request V14-013/Velazquez was submitted on August 22, 2014. The subject parcel lies within an ER5 (Residential, 1/3 acre minimum new lot size, single-family site-built homes) Zoning District (Page 24). The case was originally scheduled for October 15, 2014, but was postponed to allow the applicant to address some issues raised by the agency review comments. No building permits were located for the 364 sq. ft. equipment storage building, or the 1,683 sq. ft. pool enclosure or the pool. If approved all unpermitted structures will be required to be inspected by DAC Building Services with a triple building fee to be paid by property owner. Extra-territorial Zoning Authority Jan. 21, 2015 Page 6 of 28

The storage building is encroaching on the ten foot (10 ) utility easement (Page 10) at the rear (east) of the property. This building first appears in the 2005 DAC aerials. Three letters of nonobjection (Pages 17-19) were received from the utility companies concerning the ten foot (10 ) utility easement encroachment. One letter in opposition to the project (Page 20) was received for the original hearing date but no other correspondence has been received since then. To receive approval for a variance, applicants must meet Sections 2.1.C/Application Procedures, 2.1.G/Public Hearing and Notice Requirements, and Section 2.3.B/Granting Variances, and the ETA shall make the required findings found in Section 2.3.C/Required Findings of the ETZ Ordinance. Section 2.3.C; Required Findings To grant a Variance the ETA must find that (applicant s response (Page 11) in bold): 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. There are other property owners within 350 who have constructed structures that encroach on the minimum setbacks required. I do not feel that they have caused damage to my property value or posed any safety risks by doing so. I am acting in a consistent manner with my neighbors. B): Granting the Variance will not be detrimental to the public health, safety, welfare or be materially injurious to properties or improvements in the vicinity. The intentions of constructing the pool enclosure in question were to secure the pool from unwanted access by children, to reduce standing water that attracts mosquitoes, to reduce weather affects on my pool that lead to damage and dilapidation. I have bettered the property and therefore the neighborhood. C): Strict or literal interpretation and enforcement of the specified performance standard or regulation will not result in unnecessary physical hardship inconsistent with the purposes of this code. The structure is already existing. The requirement to meet the setback requirements would cause a physical labor burden that is beyond our capabilities. Additionally, it would be considered property damage. We would prefer to work together to resolve this matter by means of a variance. Staff analysis of applicant s Section 2.3.C responses above: A) Staff located (Page 13) one approved Variance request (V03-009/Montoya) for maximum accessory structure size within the area of notification. The Ranchos de Doña Ana Subdivision was platted in 1992 with 1/3 acre parcels (Pages 15-16). These lots are typically about 75 feet in width. The narrow width does not meet the ER5 minimum lot width requirement (80 ft. Page 4) and restricts development of the parcels. There are lots within the subdivision (Page 14) that have been developed in a manner consistent with the applicants proposal and have structures that appear to be out of compliance with the setback standards for this ER5 Zoning District, thus would not be considered out of character with the neighborhood. Approval of the variance request would not be considered a special privilege due to the location of an approved variance within the area of notification and the development pattern and apparent setback violations seen in the surrounding neighborhood. B) No record of any building permits were found for the pool enclosure or the equipment storage building. DAC Assessors data indicates that the residence was constructed in 1992 Extra-territorial Zoning Authority Jan. 21, 2015 Page 7 of 28

with Permit #12626. By obtaining variances for the two existing structures and allowing the Doña Ana County Building Services Inspectors to inspect the structures, the public health, safety, and welfare will be ensured. Additionally, the applicant has provided letters of Non- Objection (Pages 17-19) from 3 utility providers, for the encroachment of the storage building on a ten foot (10 ) utility easement along the eastern property boundary. Each letter includes a disclaimer that the utility companies will be held harmless from any claims or demands, which may result from the existence of the encroachment on the easement. The applicant has also provided responses (Pages 21-22) to the Engineering comments (Page 5) to provide a grading and drainage plan for review, and has indicated that the applicant will follow all regulations and requirements. No correspondence was received alleging the approval of a variance would be materially injurious to any properties or improvements in the area. Applicant has met this requirement. C) The subject property is 1/3 acre (0.33-acres) and only 73 ft. wide despite being within an ER5 (1/3 acre minimum lot size) Zoning District that requires a minimum width of 80 feet. The small size of the lot limits development on this property and the surrounding properties within the neighborhood. If the applicant is required to remove, downsize or relocate the existing structures, it would be an unnecessary physical hardship and prevent the applicant from reasonably enjoying his property as property owners in the immediate vicinity have been able to do. Approval of the variances would not constitute an unnecessary physical hardship as denial of the Variances and requiring the applicant to remove or relocate existing structures is inconsistent with the purposes and does not meet the spirit of the code, nor would it provide substantial justice for the applicant. STAFF 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 3-19-5(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 subject parcel is located within an ER5 Residential District requiring a rear yard setback of twenty-five feet (25 ). 4. Rear and side yard setbacks of five feet (5 ) for accessory structures less than or equal to 600 sq. ft. in size are permitted per Section 7.1.A. 5. Ranchos de Doña Ana, Phase 2, was platted and recorded on March 11, 1992, with the majority of the lots approximately 1/3 acre in size. 6. Per DAC Building Services Dept., no building permits were approved for the pool enclosure or the equipment storage building. 7. One approved Variance to the accessory structure maximum size was located within the area of notification and the same ER5 Zoning District as the applicants request. Extra-territorial Zoning Authority Jan. 21, 2015 Page 8 of 28

8. Other properties within the same ER5 Zoning District and the immediate neighborhood have similar setback violations. 9. Applicant submitted letters of non-objection from utility companies allowing the equipment storage building to remain within the ten foot (10 ) utility easement. 10. The Variance request is warranted because the applicant s request has met all three of the required findings under Article II, Section 2.3.C of the Extra-territorial Zoning Ordinance No. 88-02, as amended. STAFF RECOMMENDATION Based on staff analysis, staff findings, and the applicants request meeting all three requirements of Section 2.3.C Required Findings of the ETZ Ordinance, staff recommends Conditional Approval of Variance Request Case # V14-013/Velazquez with the following conditions. The applicant shall: 1) Allow DAC Building Services to inspect and approve the two unpermitted accessory structures and pay a triple fee. 2) Submit a grading and drainage plan and upon approval of said plan, construct the required ponding area for the parcel. Extra-territorial Zoning Authority Jan. 21, 2015 Page 9 of 28

Site Plan Extra-territorial Zoning Authority Jan. 21, 2015 Page 10 of 28

Applicants 2.3.C Responses Extra-territorial Zoning Authority Jan. 21, 2015 Page 11 of 28

Applicants Application Narrative Extra-territorial Zoning Authority Jan. 21, 2015 Page 12 of 28

Approved Variance Within ER5 Zoning District Extra-territorial Zoning Authority Jan. 21, 2015 Page 13 of 28

Potential Setback Violations Within Area Extra-territorial Zoning Authority Jan. 21, 2015 Page 14 of 28

Original Plat Extra-territorial Zoning Authority Jan. 21, 2015 Page 15 of 28

Close-up of Plat Extra-territorial Zoning Authority Jan. 21, 2015 Page 16 of 28

El Paso Electric Co. Letter Extra-territorial Zoning Authority Jan. 21, 2015 Page 17 of 28

Qwest Corporation Letter Extra-territorial Zoning Authority Jan. 21, 2015 Page 18 of 28

Comcast Letter Extra-territorial Zoning Authority Jan. 21, 2015 Page 19 of 28

Garcia Email Extra-territorial Zoning Authority Jan. 21, 2015 Page 20 of 28

Response to Engineering Comments (1 of 2) Extra-territorial Zoning Authority Jan. 21, 2015 Page 21 of 28

Response to Engineering Comments (2 of 2) Extra-territorial Zoning Authority Jan. 21, 2015 Page 22 of 28

Land Use Aerial Extra-territorial Zoning Authority Jan. 21, 2015 Page 23 of 28

Zoning Map Extra-territorial Zoning Authority Jan. 21, 2015 Page 24 of 28

2014 Aerial of Area of Notification Extra-territorial Zoning Authority Jan. 21, 2015 Page 25 of 28

2014 Close-up Aerial View Extra-territorial Zoning Authority Jan. 21, 2015 Page 26 of 28

Area of Notification Map Extra-territorial Zoning Authority Jan. 21, 2015 Page 27 of 28

Area of Notification List Extra-territorial Zoning Authority Jan. 21, 2015 Page 28 of 28