[PAGE 1] A G E N D A Administrative Review Board City Council Chambers 800 Municipal Drive, Farmington, NM March 5, 2026 - 6:00 p.m. 1. Call Meeting to Order 2. Approval of the Agenda 3. Approval of Meeting Minutes from December 4, 2025 4. Presentation – Inspection of Public Records and Open Meeting Act. Presented by City Clerk Jones 5. Petition ARB 26-02 – A request for a variance to Section 2.8.1 of the Unified Development Code (UDC) requiring a 5-foot interior side setback from both side property lines. The applicant is requesting a 4-foot interior side setback from both the north and the south property lines. Located at 6103 McKinsey Ave. Presented by Senior Planner Safrany. (Pg 11) 6. Business from: • Floor: (Comments are accepted in person, limited to three (3) minutes and to items that are not listed on the agenda. No formal action will be taken at this meeting relating to comments provided from the floor.) • Chairman: • Members: • Staff: 7. Adjournment ALL DECISIONS OF THE ADMINISTRATIVE REVIEW BOARD ARE FINAL UNLESS APPEALED IN WRITING TO THE CITY CLERK‘S OFFICE WITHIN 15 DAYS. ATTENTION PERSONS WITH DISABILITIES: The meeting room and facilities are fully accessible to persons with mobility disabilities. If you plan to attend a meeting and need an auxiliary aid or service, please contact the City Clerk's office at 599-1101 or 599-1106, prior to the meeting so arrangements can be made. [PAGE 3] Minutes Administrative Review Board December 4, 2025 The Administrative Review Board met in regular session on Thursday, December 4, 2025 at 6:00 p.m. in the Council Chambers, 800 Municipal Drive, Farmington, New Mexico. Members Present: Chair James Denis Brad Ballard Carl Winters Paul Martin Members Absent: None Staff Present: Mike Safrany Derrick Childers Joaquin Gonzalez Tamra Spencer Others Addressing the Board: Paul Bastien Call to Order The meeting was called to order at 6:00 p.m. by Chair Dennis and there being a quorum present the following proceedings were duly had and taken. Approval of the Agenda Board Member Ballard made a motion to approve the agenda for the December 4, 2025 Administrative Review Board, and Board Member Winters seconded the motion. The motion passed unanimously by a vote of 4-0. Approval of the Minutes from the October 9, 2025 Regular Meeting Vice Chair Martin made a motion to approve the minutes of the October 9, 2025 regular meeting. Board Member Winters seconded the motion. The motion passed unanimously by a vote of 4-0. Swearing in of Witnesses Tami Spencer, Administrative Assistant swore in all parties that wished to speak. Petition ARB 25-77 – The applicant is requesting a variance to three of the locations, number and size standards outlined in Section 5.8.7.A.(15) of the Unified Development Code (UDC): Off-site signs and billboards. Senior Planner Safrany presented the following: 1 [PAGE 4] Variance Request • Petitioner is Taylor Baumgardner of Summit Locations, LLC • Address is 3301 E Main St. • Zoning is Industrial. • Request is for A VARIANCE TO three requirements found in Section 5.8.7.A (15) Off-site signs and billboards standards of the Unified Development Code (UDC), to allow for a 31.5-foot high billboard, 199.5 square feet in size, at 3301 E Main St. • The proposed billboard will not be advertising for the existing business at this location, but will be advertising for businesses and services at other off-site locations. Zoning Map Aerial View 2 [PAGE 5] Vicinity Map Current Plat 3 [PAGE 6] Major Thoroughfare Plan Street View Main St. with Approx. Sign Location 4 [PAGE 7] Street View 20 St. with Approx. Sign Location City of Farmington Unified Development Code 5.8.7.A (15) Off-site signs and billboards. Such signs may be placed along principal arterial streets as shown on the city's major thoroughfare plan, except along the designated Native Heritage Trails Byway (U.S Highway 64, including Murray Drive), which have a minimum right-of-way width of 200 feet, but only: a. Having a total area of not more than one square foot for each five lineal feet of highway frontage; b. Having a total area of not more than 200 square feet; c. Having a height not exceeding 26 feet; d. Being at least 750 feet from any other off-site sign and shall include both sides of the street; back-to-back parallel faces shall constitute one sign; and e. Being at least 100 feet from any on-site, freestanding sign or residential building; such distance shall be measured as a radius. Three Variances to 5.8.7.A (15): (15) Such signs may be placed along principal arterial streets which have a minimum right-of-way width of 200 feet. East main St. is a principal arterial street, however, the right of way at this location is approximately 165 feet. (15) a. A total area of no more than one sq. ft. for each five lineal feet of highway frontage. 5 [PAGE 8] The allowable sign area would be approximately 96 square feet. The petitioner is requesting a variance of up to 199.5 square feet. (15) c. Having a height not exceeding 26 feet. The Petitioner is requesting a variance up to 31.5 feet in height. Staff Analysis 1. That a Special Condition or Hardship exists: The existing property is a 1.18-acre (51,400 sf) commercial lot, with a frontage of 478 feet along East Main Street, which is designated on the city’s major thoroughfare plan as a principal arterial street. The East Main Street right-of-way varies, and can be up to 170 feet wide in the direct vicinity of the subject property. The right-of-way width is typical and does not meet the 200-foot minimum right-of-way width required for the placement of a billboard. There appear to be no special conditions or circumstances causing the right-of-way to be restricted or limited, or that are peculiar to this area or property. This criterion IS NOT met. 2. A literal interpretation of the provisions of the Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the Code: Free-standing signs and wall signs are permitted along much of East Main Street which typically advertise on-site businesses for single or multi-occupant properties. A billboard is defined in the Unified Development Code (UDC), Section 11.1 as a sign which directs attention to a business or service offered elsewhere than upon the same lot. A billboard must meet more restrictive criteria, such as placement along a minimum 200-foot right-of-way, to be permitted. This is not common for many properties along East Main Street. This criterion IS NOT met. 3. The applicant demonstrates that the request is a minimum easing of the Code requirements, making possible the reasonable use of the land, building or structure. This request is not a minimum easing of the Unified Development Code and would allow for a 199.5 square foot billboard, 31.5 feet in height. The allowable size per the Unified Development Code would be 96 square feet, 26 feet high. The proposed square footage of 199.5 square feet would be over two times the allowable size per code. This criterion IS NOT met. 4. That the granting of the variance is in harmony with the general interest, the general purpose and intent of the Code, and is not injurious to the neighborhood or otherwise detrimental to the public welfare. The proposed variance is injurious to the neighborhood. The intent of the Unified Development Code (UDC) off-site signs and billboards regulations is to limit the locations, number and size of signage within the city. The placement of billboards along Main St. is not a common practice and 6 [PAGE 9] is not in harmony with typical free-standing signs advertising on-site commercial businesses along this principal arterial street. This criterion IS NOT met. 5. That the proposed variance will not permit a use not otherwise allowed in the underlying district. Granting of this variance would not permit a use not otherwise allowed in the industrial zoning district. This criterion IS met. 6. That no nonconforming use of neighboring lands, structures or buildings in the same district and no permitted use of lands, structures or buildings in other districts has been or shall be considered grounds for the issuance of a variance. No nonconforming uses, structures or buildings in the same district have been considered as grounds for this variance request. This criterion IS met. 7. That the applicant would suffer an unnecessary hardship if the variance requested were denied. The business at this location is permitted free-standing signs and wall signs to advertise the on- site business. Not allowing the variance would not place an unnecessary hardship on the property owner and would not limit the maximum utilization and potential of this property within the terms and intent of the code. This criterion IS NOT met. Public Input Letters were sent out to property owners within 100 feet and the property was posted with a sign. At the time of this report no input has been received. 7 [PAGE 10] Conclusion The Community Development Department concludes that approval of ARB 25-77 is not a minimum easing of the code, does not meet the intent of the code and is not a property that has special circumstances to allow for a 31.5-foot high billboard, 199.5 square feet in size. Recommendation The Community Development Department recommends denial of Petition ARB 25-77 from Summit Locations, LLC for a variance from Section 5.8.7.A (15) Off-site signs and billboards standards of the Unified Development Code (UDC), to allow for a 31.5-foot high billboard, 199.5 square feet in size, at 3301 E Main St. Discussion The Board and Senior Planner Safrany had a discussion regarding possible shared access between the car lot and the City of Farmington, if the city ever needed to gain access to their property through the car lot property. The Board also asked Senior Planner Safrany to explain how the variance request has changed from variances requested in the previous petition. The petitioners came down on the size, they went from 300 sq. ft. to 199.5 sq. ft. The first petition had four variances, this has only three. There was also a discussion regarding the UDC and right-of-way width and why a variance is required. Petitioner Representative, Paul Bastien, 427 Harbor Station Dr., Long Beach MS: Mr. Bastien stated that after the last petition was denied. They made the size of the sign about 31% smaller, and adjusted the height of the sign. It is a digital face on the front and static on the back. They do not advertise alcohol or marijuana and feel it would be a great place for a digital sign for local businesses to advertise on. The city would be able to use the sign for free to inform the public of city held events. The Board inquired on how Farmington was picked by Summit Locations LLC for digital sign placement. Mr. Bastien stated that their company has a research team that looks at state, county and municipality ordinances to see where a sign can be placed with no variances needed. Some locations where they think a sign would be beneficial may need a variance, like this location. They placed 350 billboards in 16 states last year. 8 [PAGE 11] Rendition Provided by Petitioner With no further public comments, Chair Dennis closed the public comment portion of this meeting. With no Board discussion needed, Chair Dennis called for a motion. Motion Vice Chair Martin made a motion to DENY Petition ARB 25-77 as recommended by staff. Chair Dennis seconded the motion. The motion passed 3-1. AYE: Chair Dennis, Vice Chair Martin, Board Member Winters and Board Member Ballard NAY: None ABSTAIN: None ABSENT: None APPROVED 3-1 Roll Call Aye Votes Vice Chair Martin voted aye because he agrees with staff on their reasons for denial. He doesn’t want Farmington to end up looking like Potterville. Board Member Ballard voted aye, he agrees with Vice Chair Martin and he does not like the location, he thinks it needs to go back 20-30 feet. 9 [PAGE 12] Chair James Dennis voted aye, he agrees with Vice Chair Martin and Board Member Ballard. He also agrees with the staff recommendation. He does not like the idea of big billboards along Main St. He also feels there may be a better spot for a billboard in the county. Nay Votes Board Member Winters voted nay because he supports private enterprise and with this being on private property it should be used for private benefit. He feels that the location is great. He does think that the sign is still too tall and too big. Business from the Floor: There was no business from the Floor Business from the Chair: There was no business from the Chair Business from the Members: There was no business from the Members Business from Staff: Staff let the Board know that Community Development is looking to hire a new Associate Planner, and that there will be no petitions for January. Staff also wished the board a Merry Christmas and a Happy New Year. Adjournment: A motion was made by Board Member Winters to adjourn the December 4, 2025 meeting of the Administrative Review Board; Chair Dennis seconded the motion. The meeting of December 4, 2025 was adjourned at 6:52 p.m. James Dennis Tamra Spencer Chair Administrative Assistant 10 [PAGE 13] ADMINISTRATIVE REVIEW BOARD PETITION ARB 26-02 March 5, 2026 Variance to Section 2.8.1 of the Unified Development Code (UDC) to allow for two (2) four- foot interior side yard setbacks along the north and south boundaries for property located at 6103 McKinsey Ave. in a SF-MH: Single-family Mobile Home zoning district. DESCRIPTION OF PETITION Petition No. ARB 26-02 is a request for a variance to Section 2.8.1 of the Unified Development Code (UDC) to allow for two (2) four-foot interior side yard setbacks along the north and south boundaries for property located at 6103 McKinsey Ave. Interior side setbacks in the SF-MH zoning district requires five-foot interior side setbacks The existing lot size meets the minimum 6,000sf lot size and the minimum 50-foot lot width requirements. LEGAL DESCRIPTION ‘PARK LANE ESTATES SUBDIVISION LOT 15 BLOCK 6 BK.1717 PG.532 ' 6103 McKinsey Ave. – (Parcel ID R0027365) 11 [PAGE 14] GENERAL INFORMATION Applicant Candido Vigil Property Owner Bobby Vigil Location of Propert 6103 McKinsey Ave. (Lot R0027365) Nature of Petition A request for two (2) four-foot interior side yard setbacks along the north and south boundaries. Zoning SF-MH: Single-family Mobile Home Residential Zoning District Future Land Use Medium Density Residential Existing Use Vacant Lot Surrounding Zoning North: SF-MH, Single-family Mobile Home Residential District South: SF-MH, Single-family Mobile Home Residential District East: SF-MH, Single-family Mobile Home Residential District West: SF-MH, Single-family Mobile Home Residential District Staff Michael Safrany, Senior Planner PUBLIC NOTICE Publication of Notice of this petition appeared in the Tri-City Record on February 16, 2026. Property owners within 100 feet were sent notice by certified mail on February 23, 2026. A sign was posted on the property February 23, 2026. BACKGROUND Petition No. ARB 26-02 is a request for a variance to Section 2.8.1 of the Unified Development Code (UDC) to allow for two (2) four-foot interior side yard setbacks along the north and south boundaries for property located at 6103 McKinsey Ave. The existing property is 0.23-acre (10,018 sf) vacant lot 90 feet in width and 110 feet in depth. The property is zoned SF-MH, which requires 15-foot front and rear setbacks, and 5-foot interior side setbacks for single story structures. The existing lot size meets the minimum 6,000sf lot size and the minimum 50-foot lot width requirements. The applicant is intending to place a 16 ft. x 82 ft. mobile home at this location. The mobile home is a permitted use, however due to the 82-foot length of the mobile home, it cannot be placed on the property without encroaching the required side setbacks along the north and south property boundaries. The applicant purchased the mobile home believing the length of the mobile home was 76 feet. This information was erroneous. The mobile home cannot be placed perpendicular to the street frontage due to issues with existing utilities. The applicant is requesting a one-foot variance to both side yard setbacks to the north and the south. PETITIONER’S JUSTIFICATION FOR A VARIANCE The length of the mobile home was incorrect on the title paperwork causing the confusion. The residential mobile home is an allowed use. The request conforms with the character of the surrounding neighborhood. A two-foot variance is a minimum easing of the code. The applicant will suffer a financial burden. 12 [PAGE 15] APPLICABLE REGULATIONS City of Farmington Unified Development Code 2.8.1 Residential base zoning district density and dimensional schedule. ZONING MAP 13 [PAGE 16] SUBMITTED SITE PLAN 14 [PAGE 17] SUBMITTED SITE LAYOUT 15 [PAGE 18] McKinsey Avenue at South Boundary McKinsey Avenue at North Boundary 16 [PAGE 19] STAFF ANALYSIS Variance Criteria – Section 8.12.4, UDC A variance may be granted only where a literal enforcement of the Code provisions would result in unnecessary hardship for a particular property. In order to grant a variance, the Administrative Review Board (ARB) must make a positive finding of fact concerning each of the following or, if a positive finding of fact cannot be made that the ARB specifically describes the circumstance that would outweigh the strict requirement for a positive finding of fact and determine that the variance will not be a public detriment: 1. That special conditions and circumstances exist, which are peculiar to the land, structure or building involved and are not applicable to other lands, structures or buildings in the same district; and, furthermore, that they are not self-imposed, self-created or otherwise the result of actions by the applicant. The existing property is a 0.23-acre (10,018 sf) vacant lot, 90 feet in width and 110 feet in depth. The property is zoned SF-MH, single-family mobile home. The applicant is intending to place a 16 ft. x 82 ft. mobile home at this location. The mobile home is a permitted use, however due to the 82-foot length of the mobile home, it cannot be placed on the property without encroaching the required side setbacks along the north and south property boundaries. The applicant purchased the mobile home believing the length of the mobile home was 76 feet. This information was erroneous. The mobile home cannot be placed perpendicular to the street frontage due to issues with existing utilities. This criterion IS met. 2. That a literal interpretation of the provisions of the Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the Code. The City of Farmington zoning map shows much of this area is zoned single-family mobile home. The proposed mobile home meets the proposed use of the neighborhood and the comprehensive plan. The current setbacks would deprive the owner and tenant a use common in this neighborhood and a mobile home structure common in size. This criterion IS met. 3. The applicant demonstrates that the request is a minimum easing of the Code requirements, making possible the reasonable use of the land, building or structure. This request is a minimum easing of the Unified Development Code and would allow for two (2) four-foot interior side yard setbacks along the north and south boundaries of the property. This is a reduction of one foot of setback on each side of the property. The adjacent properties to the north and the south have existing concrete driveways with no buildings along the property line that would affect the setback request. This criterion IS met. 17 [PAGE 20] 4. That the granting of the variance is in harmony with the general interest, the general purpose and intent of the Code, and is not injurious to the neighborhood or otherwise detrimental to the public welfare. The proposed variance is not injurious to the neighborhood. A substantial section of this neighborhood is zoned single-family mobile home residential. The proposed setbacks for a mobile home are consistent with the character of the neighborhood. The Fire Department and the Building Department had no concerns regarding the reduced setbacks in this instance. This criterion IS met. 5.That the proposed variance will not permit a use not otherwise allowed in the underlying district. Granting of this variance would not permit a use not otherwise allowed in the single-family mobile home zoning district. This criterion IS met. 6. That no nonconforming use of neighboring lands, structures or buildings in the same district and no permitted use of lands, structures or buildings in other districts has been or shall be considered grounds for the issuance of a variance. No nonconforming uses, structures or buildings in the same district have been considered as grounds for this variance request. This criterion IS met. 7.That the applicant would suffer an unnecessary hardship if the variance requested were denied. Not allowing the variance would place an unnecessary financial hardship on the property owner and could possibly result in the property remaining vacant, depriving a potential resident of possibly using the property as a home. This criterion IS met. CONCLUSION The Community Development Department concludes that approval of ARB 26-02 is a minimum easing of the code, meets the intent of the code and is a property that has characteristics unique enough to allow for waiver of the SF-MH zoning setback requirements. RECOMMENDATION The Community Development Department recommends approval of Petition ARB 26-02 from Bobby Vigil for a variance from Section 2.8.1 of the Unified Development Code (UDC), to allow for two (2) four-foot interior side yard setbacks along the north and south boundaries for property at 6103 McKinsey Ave. 18 [PAGE 21] 19 [PAGE 22] INPUT FROM NEIGHBORS: Letters were sent out to property owners within 100 feet and the property was posted with a sign. At the time of this report no input has been received. NOTIFICATION LETTERS NAME1 ADDRESS CITY/STATE/ZIP DT Properties LLC 6102 McCarty Ave Farmington, NM 87402 Atkinson Duane and Ernestine 6105 McKinsey Ave Farmington, NM 87402 Pennington Arliss and Judy 6101 McKinsey Ave Farmington, NM 87402 Vigil Bobby 6102 McCarty Ave Farmington, NM 87402 Cash Clay and Debbie Trust 6100 McCarty Ave Farmington, NM 87401 Eaton Nestor and Jerilou 115 Candlewood Dr Hendersonville, TN 37075 Jaramillo Joseph Phillip 6102 McKinsey Ave Farmington, NM 87402 Vigil Marlene 6104 McCarty Ave Farmington, NM 87402 Nguyen Duc Chi V 4917 E Main St. Ste D Farmington, NM 87402 Ganzales Maria and Perez Rosa 6007 McKinsey Ave Farmington, NM 87402 Shelton Jackie and Donna 6006 McCarty Ave Farmington, NM 87402 Tapia John 6006 McKinsey Ave Farmington, NM 87402 Beasey Nancy L 6104 McKinsey Ave Farmington, NM 87402 20 [PAGE 23] 21 [PAGE 24] 22