December 5, 2001 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

December 5, 2001

MEMBERS PRESENT:

Ms. Ginna L. Sanders, Chairman.

Mr. Daniel Schwebke, First Vice-Chairman.

Ms. Paula J. Dardin, Second Vice-Chairman.

Mr. Preciliano J. Martín, Member.

Mr. Jack M. Glahn, Member.

MEMBERS ABSENT:

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

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Mr. J. Gregory Garcia, Recording Secretary.

OTHERS PRESENT:

Rosa Morales; Veronica Flores.

1. CALL TO ORDER. Chairman Sanders called the regularly scheduled December 5, 2001, meeting to order at approximately 1:30 p.m. Chairman Sanders noted that a total of one (1) item was 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 Thursday, December 20, 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 5-0-0.

3. MINUTES OF NOVEMBER 7TH REGULAR MEETING, AND DECEMBER 2ND INSPECTION TOUR, 2001. Commissioner Dardin made a motion "TO APPROVE THE MINUTES, AS WRITTEN AND THE INSPECTION TOUR". Seconded by Commissioner Glahn. All voted "AYE", approving the motion by a vote of 5-0-0.

4. PUBLIC HEARING.

A. CASE: V-01-0453(A). PETITIONER: Travis C. Hooser and Alexa Nell (aka Sue) Hooser, owners, by Rosa Lira Morales, contract holder. REQUEST: Approval of a variance of nine feet (9') from Sections 29-03-040 and 29-03-500, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing rear yard setbacks; which, if approved, would allow a fourteen foot (14') rear yard when the existing manufactured housing unit is replaced with a larger unit, rather than the twenty-three foot (23') rear yard required by Code. TOTAL AREA: ±6,437.8 square feet. LOCATION: 2408 Stapp Avenue. CURRENT LEGAL: Lot 18, Mesquite II Subdivision. CURRENT ZONE: District "G" (Trailer).

Ms. Few reported that Travis C. Hooser and Alexa Nell (a.k.a. Sue) Hooser own Lot 18, Mesquite II Subdivision, 2408 Stapp Avenue, which is being purchased by Mrs. Rosa Morales. The manufactured housing unit currently on the property is ten feet wide by fifty feet long (10' x 50').

Replacement with a larger unit is planned. The property, 2408 Stapp Avenue, is zoned "G" (Trailer) District. The 1971 Master Plan designates this property to be developed as trailer and residential. A rear yard of not less than twenty-three feet (23') is required for the depth of this lot. Placement of a new, larger manufactured housing unit is planned. The new sixteen-foot by eighty foot unit is too large to fit on the lot with the required twenty-three foot (23') rear yard setback. Therefore a variance of nine feet (9') 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. However, the size and shape of the lot prohibits an orientation of a larger unit that would not require any variance. The new unit is needed to provide three (3) bedrooms for Mrs. Morales and her three children (2 boys and 1 girl). The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance, Chapter 4, Article 4-07, of the Code of Ordinances of the City of Alamogordo, New Mexico. An Avigation Easement limiting vertical development was executed in 1986. The level of improvements abutting this property does not meet the city's standards. A waiver of protest agreement was executed in 1986. 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 November 18, 2001, in the Alamogordo Daily News, and twenty-six (26) notices were mailed to property owners within the 200 foot legal protest area on November 14, 2001. No protests to the requested variance were received. Staff recommends approval as the requested rear yard setback variance will not create a fire hazard.

Ms. Rosa Morales was available for questions; however, no questions were necessary from the Planning and Zoning Commission. Commissioner Schwebke made a motion "TO RECOMMEND APPROVAL OF THE VARIANCE FOR CASE V-01-0453(A)" Seconded by Commissioner Dardin. All voted "AYE", passing the motion by a vote of 5-0-0.

C. CLOSE PUBLIC HEARING. Chairman Sanders declared the Public Hearing closed.

5. REPORTS.

A. City Planner.

(1) January Agenda. Ms. Few reported that there is one public hearing item and a couple housekeeping items to attend to for the January agenda.

(2) Member Terms. City of Alamogordo Mayor has reappointed Ginna Sanders as Chairman of the Planning and Zoning Commission if she chooses to accept the position. Mr. Schwebke has indicated that he will not be accepting reappointment for the Planning and Zoning Commission First Vice-Chairman position; so Ms. Few asked that if anybody is interested in this position, please let the Mayor’s office know.

(3) City Representative to County Planning Commission. Ms. Few stated that Mr. Glahn has been appointed as the City Representative to the County Planning Commission.

(4) Annual Report. Ms. Few stated that because she has been ill, the draft of the annual report was not finished. It will be available as soon as possible.

(5) Other. Ms. Few wished the Planning and Zoning the best for a happy holiday season.

B. Chairman.—none.

C. Commissioners. –none.

(1) General.

(2) Representative to County Planning Commission.

(3) Representative from HAFB.

6. PERSONS TO BE HEARD - None.

7. ADJOURNMENT - There being no further business to come before the Commission, Commissioner Schwebke made a motion "TO ADJOURN". Seconded by Commissioner Dardin. All voted "AYE", passing the motion by a vote of 5-0-0. The meeting adjourned at approximately 1:42 p.m.

Approved: January 9, 2002

/s/ Ginna L. Sanders, Chairman

ATTEST:

/s/ J. Gregory Garcia, Recording Secretary