February 07, 2001 Minutes



February 7, 2001


Ms. Ginna L. Sanders, First Vice-Chairman.

Mr. Daniel Schwebke, Second Vice-Chairman.

Ms. Paula J. Dardin, Member.

Mr. Preciliano J. Martín, Member.

Mr. Robert J. Jaramillo, Ex-Officio Member.




Ms. Sharon L. Few, City Planner.

Mr. J. Gregory Garcia, Recording Secretary.


Mr. S. Thomas Overstreet, Attorney; Mr. Jimmy Yee, Owner, Yee’s Oriental Express; and Mr. Robert Hawkins, Mayor’s Committee for Handicapped Persons.


1. CALL TO ORDER. First Vice-Chairman Sanders called the regularly scheduled February 7, 2001, meeting to order at approximately 1:30 p.m. First Vice-Chairman Sanders noted that a total of one (1) item was to be considered, one (1) 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 February 27,2001 to render final decisions.

2. APPROVAL OF AGENDA. Commissioner Dardin made a motion "TO APPROVE THE AGENDA, AS WRITTEN". Seconded by Commissioner Martin. All voted "AYE", passing the motion by a vote of 4-0-0.

3. MINUTES OF JANUARY 3RD REGULAR MEETING, AND FEBRUARY 4TH INSPECTION TOUR, 2001. Commissioner Dardin made a motion "TO APPROVE THE MINUTES, AS WRITTEN". Seconded by Commissioner Martin. All voted "AYE", approving the motion by a vote of 4-0-0.


A. CASE: V-00-0437(A). PETITIONER: Atkins Family, L. L. P., owners, by Yee's Oriental Express, Jimmy Yee, applicant/agent. REQUEST: Approval of a variance from Section 29-03-330, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing off-street parking requirements; which, if approved, would legalize the construction of a 1,008 square foot addition to the restaurant with a resulting off-street parking ratio of 2:1, rather than the three square feet of parking for each square foot of building required by Code. TOTAL AREA: ± 19,875 square feet. LOCATION: 1115 S. White Sands Boulevard. CURRENT LEGAL: Lot 1 less the South 70 feet, Haggard and Larson Subdivision. CURRENT ZONE: District "D" (Business).

Ms. Few reported that The Atkins Family, L. L. P., owns Lot 1 less the south seventy feet (70') of the Haggard and Larson Subdivision. Their tenant is Mr. Jimmy Yee (dba Yee's Oriental Express). An addition has been constructed on the building which compromised the off-street parking ratio. The property, 1115 S. White Sands Boulevard, is zoned "D" (Business) District. The 1971 Master Plan designates this property to be developed as commercial. Off-street parking for automobiles shall be provided within a distance of five hundred feet (500’) in a proportion of not less than three square feet (3 sf) for each square foot of area inside any such business building. The building addition (approximately 1008 square feet) reduced the available off-street parking to a ratio of approximately 2:1. The new construction utilized both area that had been landscaping and reduced the available off-street parking by no more than five (5) spaces. A variance to the off-street parking ratio has been requested to legitimize the parking ratio available. [Note: No agreement has been executed with the NMSHTD to allow the right-of-way between the Atkin's west property line and the eastern curb on S. White Sands Boulevard to be used for off-street parking]. 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. 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 January 21, 2001, in the Alamogordo Daily News, and eight (8) notices were mailed to property owners within the 200 foot legal protest area on January 18, 2001. No protests to the requested variance were received. Staff recommends, approval of the off-street parking variance to allow a ratio of not less than 2:1 as there have been no protest received.

Mr. Tom Overstreet spoke on behalf of Mr. Yee for the request. Mr. Overstreet stated that unless there were any questions, there was nothing to say because the case was summed-up by Ms. Few. Commissioner Schwebke asked if the drive-up facilities were to be closed. Mr. Overstreet stated the drive-up window would remain in place. The addition to the building doesn’t interfere with the drive-up window and the canopy will still be there. Commissioner Schwebke made a motion "TO RECOMMEND APPROVAL OF THE OFF-STREET PARKING VARIANCE TO ALLOW A RATIO OF NOT LESS THAN 2:1". Commissioner Dardin seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

B. CLOSE PUBLIC HEARING. First Vice-Chairman Sanders declared the public hearing closed.



  1. City Planner


(1) Commission Appointments. Ms. Few reported that Robert Jaramillo has been reappointed EX-OFFICIO representing Holloman AFB.

(2) Election of Officers:

• Chair; Ginna L. Sanders was elected Chairman of the Planning and Zoning Commission.

• 1st Vice Chair; Daniel Schwebke was elected First Vice-Chairman of the Planning and Zoning Commission.

• 2nd Vice Chair; Paula J. Dardin was elected Second Vice-Chairman of the Planning and Zoning Commission.

(3) March Agenda. Ms. Few reported that there will be six (6) items on the March agenda. Three requiring ordinance actions. Two of which are going to be dealing with an increase in Planning Fees. Ms. Stated that we’ve experienced a 22 percent (22%) increase in the cost of certified, return receipt letters, and most of the fees have not been increased since the early 1990’s. The inspection fee on subdivisions has been the same since 1960. The director of Engineering has decided to have something done about the fees incurred for the services and inspections done by the City of Alamogordo. Also covered will be an ordinance on access to lots, corridors, and arterial streets, one partial vacation plat, a subdivision for preliminary and final approval, and one variance.

(4) Other. Ms. Few also reported that the two water tanks, considered for annexation, will be heard before the City Commission next Tuesday. Alamo canyon water tank will be coming before Planning and Zoning soon. As well as, a subdivision on City of Alamogordo property for Fire Station #5 on South Florida Avenue.

  1. Chairman. None



  2. Commissioners. None



7. ADJOURNMENT - There being no further business to come before the Commission, Commissioner Dardin made a motion "TO ADJOURN". Seconded by Commissioner Schwebke. All voted "AYE", passing the motion by a vote of 4-0-0. The meeting adjourned at approximately 1:47 p.m.


Approved: March 7, 2001

Ginna L. Sanders, Chairman


J. Gregory Garcia, Recording Secretary