June 4, 2003 Minutes
Ms. Ginna L. Sanders, Chairman.
Mr. Jack M. Glahn, Co-Second Vice-Chairman.
Mr. Mark S. Goga, Member.
Mr. Mark S. Urey, Ex-Officio Member.
Mr. Preciliano J. Martín, Co-Second Vice-Chairman.
Mr. Richard M. McCracken, Member.
Mr. Dean Hunt, Acting City Planner.
Ms. Edna Gill, Recording Secretary.
Ms. Mary Lou Johnson; Mr. Steve Whiteside; Mr. Robert M. Ortiz; Mr. Scott Tippin; and other unidentified persons.
1. CALL TO ORDER. Chairman Sanders called the regularly scheduled June 4, 2003, meeting to order at approximately 1:30 p.m. Chairman Sanders noted that a total of two items were to be considered under Public Hearing. Recommendations to the City Commission are to be made by the Planning and Zoning Commission for approval or denial of the requests. The City Commission will consider these requests at its meeting of June 24, 2003, to render final decisions.
2. APPROVAL OF AGENDA. Commissioner Glahn made a motion "TO APPROVE THE AGENDA, AS WRITTEN". Seconded by Commissioner Goga. All voted "AYE", passing the motion by a vote of 3-0-0.
3. MINUTES OF MAY 7TH REGULAR MEETING, AND JUNE 1ST INSPECTION TOUR, 2003. Commissioner Goga made a motion "TO APPROVE THE MINUTES, AS WRITTEN". Seconded by Commissioner Glahn. All voted "AYE", approving the motion by a vote of 3-0-0.
4. PUBLIC HEARING.
A. CASE: V-03-0461(A). PETITIONER: Jessica Schofield, owner. REQUEST: Approval of a variance of five feet (5') from Section 29-03-030, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing side yards; which, if approved, would allow a side yard of ten feet (10') on the street side of a corner lot, rather than the fifteen foot (15') setback required by Code. TOTAL AREA: ±0.21 acre. LOCATION: 1210 Mimosa. CURRENT LEGAL: Lot 60, Mission Hills Unit 2. CURRENT ZONE: District "A" (Single Family Dwelling).
Mr. Dean Hunt reported that Jessica Schofield owns Lot 60, Mission Hills, Unit 2. She wants to have a house built on the property. The floor plan that she has selected will not fit onto the property without a variance, therefore, she is requesting a variance for the width of the street side yard setback. This case was originally heard at the May 7, 2003, Planning and Zoning Commission meeting. Due to confusion regarding the exact amount of the side yard variance requested, the case was tabled. Ms. Schofield has since determined that the original five foot (5') side yard variance is the correct amount of the variance needed. The property, 1210 Mimosa, is zoned "A" (Single Family Dwelling) District. The 2000 Comprehensive Plan designates this property to be developed as medium density (single family urban). A side yard which is not less than fifteen feet (15') wide is required on the street side of the building. The house is to be constructed with a street side setback of ten feet (10'). Therefore, a variance of five feet (5) has been requested. A variance to dimensional regulations may be granted where: (1) such action will not be materially detrimental to the public interest; and (2) such action, will not grant a discriminatory benefit to the land owner and/or harm neighboring properties; and (3) such action, owing to conditions peculiar to the property or the neighborhood and not the result of actions or the situation of the applicant, a literal enforcement of the Code of Ordinances of the City of Alamogordo, New Mexico, and not in conflict with any other adopted code, would result in practical difficulties or unnecessary hardship. No justification of hardship, beyond the control of the applicant, accompanied the application to support the requested variance. As noted by a City Engineer, the purchase of a lot that does not have the dimensional characteristics needed for a particular new house plan should not be considered a hardship. Pursuant to Section 29-01-070(c), of the Code of Ordinances of the City of Alamogordo, New Mexico, notice of the time and place of the public hearing was advertised April 20, 2003, in the Alamogordo Daily News. Twenty-three (23) notices were mailed to property owners within the 200 foot legal protest area on May 17, 2003. No protests to the requested variance had been received. The deadline for protests to be submitted to the City Planner was 10:00 a.m. on June 4, 2003. Staff could not recommend approval because a "hardship beyond the control of the applicant" has not been shown.
No representative was available to speak for the case.
The following items were discussed: the square footage of the house was 1,242 square feet; a five foot (5) variance was needed; there did not seem to be a visibility problem; the possibility of facing the house another direction would not correct the problem.
Commissioner Goga made a motion "TO RECOMMEND DENIAL OF THE REQUESTED VARIANCE FOR CASE V-03-0461(A) BECAUSE THERE IS NO HARDSHIP BEYOND THE CONTROL OF THE APPLICANT THAT COULD BE SHOWN." Seconded by Commissioner Glahn. All voted approving the motion by a vote of 2-1-0, with Chairman Sanders voting against the motion.
B. CASE: M-03-0303(A). PETITIONER: City of Alamogordo, owner, by Matt McNeile, Community Services Director, agent. REQUEST: Approval of the full vacation and abandonment of a six foot (6') wide cart path right-of-way easement within the City of Alamogordo, pursuant to Section 67-2-6, NMSA 1978 (1999 Repl.). TOTAL AREA: ±646.32 square feet. LOCATION: 383 Eagle Drive. CURRENT LEGAL: Cart path between Lots 65 and 66, Desert Hills, Unit 2. CURRENT ZONE: District "A" (Single Family Dwelling).
Mr. Dean Hunt reported that Christ Pell & Jill Brown and Don A. and Virginia L. Crawford are adjacent owners to a six foot (6') wide cart path located between Lots 65 and Lots 66, DESERT HILLS, UNIT 2. The cart path belongs to the City of Alamogordo. The vacation and abandonment of the cart path has been requested by the City of Alamogordo. The adjacent properties, Lots 65 & 66, DESERT HILLS, UNIT 2, are zoned District "A" (Single Family Dwelling District). The 2000 Comprehensive Plan designates this property to be developed as residential. The City of Alamogordo or any owner of land abutting a public way may petition the City for a formal determination of abandonment or vacation of that right-of-way. The determination must declare that the right-of-way is no longer be needed for public purposes. Approval of any abandonment must include specific provisions for the relocation of all utilities at the expense of the property owners. There are no known public utilities utilizing the cart path. The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance. An Avigation Easement limiting vertical development to not more than fifty feet (50') above ground level or 4,347, whichever is less restrictive, is on file for the property. The level of improvements abutting this property comply with the city's standards. Notice of the time, place and purpose of the public hearing was advertised on May 18, 2003, in the Alamogordo Daily News, and twenty (20) notices were mailed to property owners within the 200 foot of the public right-of-way on May 16, 2003. Three (3) protests to the requested vacation and abandonment were received; however, the deadline for the receipt of protests by the Planning Division was 10:00 a.m. on June 4, 2003. Staff recommended postponement of action on the application to the July 2, 2003, Planning and Zoning Commission meeting, thereby allowing for review by the new City Attorney.
Mr. Scott Tippin asked to speak regarding the case since he was going to be on vacation on July 2, 2003. Mr. Tippin stated that he lived three houses down from the right-of-way on lot 33. He stated he purchased his house in 1988, and one of the reasons he purchased this house is because of the right-of-way and the access to the golf course. He stated he did not understand why this right-of -way was recommended to be vacated. Mr. Tippin stated he had a petition with thirty seven (37) names on the petition, and asked to read and submit the petition. Chairman Sanders advised Mr. Tippin he was free to read the petition and submit it. The petition read as follows: The purpose of this petition is to protest the full vacating and abandonment of a six foot (6) wide cart path right-of-way easement between lots 65 and 66, Desert Hills, Unit 2, 383 Eagle Drive, Alamogordo, New Mexico. We, the undersigned, protest and object to the vacation and abandonment of the six foot (6) wide cart path right-of-way between lots 65 and 66, Desert Hills, Unit 2, 383 Eagle Drive, Alamogordo, New Mexico. This cart path right-of-way was constructed for the benefit of all people living in this housing area. It has been in existence since at least 1988. Many of the residents use this right-of-way on a daily basis, and do not have gates or access to the golf course from their property. They rely on this and other existing cart path right-of-ways to the golf course. We believe this cart path right-of-way should remain in existence. Chairman Sanders instructed Mr. Tippin to submit the petition to Mr. Hunt.
Chairman Sanders asked if the tee box near the cart path that was reconstructed has made the cart path unusable. Mr. Tippin stated he used the cart path on a daily basis.
Mr. Whiteside asked to speak stating he was present on behalf of owners of the house he was building on lot 66. Mr. Whiteside stated he was in favor of vacating the right-of way. He did not feel an electric cart could be used on the cart path, and he had only seen one person use it while he had been building the house. He felt the cart path was primarily used for people to walk their dogs.
Commissioner Glahn made motion to "POSTPONE CASE NO. M-03-0303(A) UNTIL THE JULY 2, 2003 MEETING. Motion was seconded my Commissioner Goga. All voted "AYE", approving the motion by a vote of 3-0-0.
C. CLOSE PUBLIC HEARING. Chairman Sanders declared the Public Hearing closed.
A. City Planner.
(1) Mr. Hunt stated there will be two items on the July Agenda.
- CHAIRMAN None
C. COMMISSION - None.
6. PERSONS TO BE HEARD - None.
7. ADJOURNMENT - There being no further business to come before the Commission, Commissioner Goga made a motion "TO ADJOURN". Seconded by Commissioner Glahn. All voted "AYE", passing the motion by a vote of 3-0-0. The meeting adjourned at approximately 2:10 p.m.
Approved: July 2, 2003
/s/ Ginna L. Sanders, Chairman
/s/ Edna Gill, Recording Secretary