Planning and Zoning Commission - Regular Meeting

The flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. And roll call.

Orchini.

Present.

Reihover.

Here.

Landreth.

Here.

And then I move that Planning and Zoning Commission approve the agenda as presented for September 1, 2026.

I make a motion to approve the minutes from the last meeting. I'll second.

I move for a vote. Now approval of the minutes from August 4th, 2026.

I make a motion to approve the minutes for August 24th, 2026. I'll second.

Orchini?

Aye.

Landreth?

Yes.

Fry-Hover? Yes.

We're now to the public present participation and Individuals may not comment on items that are on the PNC May not comment on items that are not on the PNC agenda during the public Participation time there's no limit to the number of speakers. Although public comments will be held on to an overall time of 30 minutes. Speakers have a time limit of three minutes per person, may only speak once and may not cite time to another commenter. I open this meeting for public comment. No. For resolution number eight at 1411 Montelorus Avenue, conditional use permit presented by Nancy and contract city planner.

Thank you, Mr. Chairman. And the request here tonight is for the conditional use permit and a minor deviation to allow Maria and Ezekiel Abia to build a carport in the front and encroaching a little bit into the side yard setback of their home at 1411 Montelores Ave. Maria's here tonight, so if you have questions in a bit, she should be able to answer them. As far as the vicinity, the property is zoned R3 in a developed area of the city. And let's go here. And I'll show you a little bit what they're proposing. So the area on Mauna Loris, the road there is not fully developed with curb gutter sidewalks. There's a ditch in front, so it's a standard right-of-way, but as you can see, there's more frontage that you would normally see in front of the home just because that's excess right away at this point in the future if the city were to build sidewalks curb gutter some of that would be used up obviously The proposal that I recently bought the home, there's an existing concrete pad right in this area here. It fully fills up the front setback, which is 20 feet. The home is placed exactly 20 feet in the front. And the car part that's proposed to be built you don't have plans in front of you But I've seen them it's essentially four poles and a roof So the encroachment into the side setback will be two poles and a portion of the roof. And the front setback will be fully filled with the carport. As you probably know, the code allows Carports to be built in the front setback as long And then the other pile on Request is to only have a two and a half foot side yard setback to the poles Which it's required to be at five So here's the standards. The two I've highlighted in pinkish, reddish are the two that would not be fully met. So front yard, I put 15 feet. It's 15 feet is the front setback. 20 feet is required to a garage space. So it's either 15 or 20. The proposal would put the carport right at zero front setback. And then the side setbacks are five feet in the R3 zone, and this would put it at two and a half feet. All other requirements for the code would be met. I got a little photo here to show you. This is the existing concrete pad. This is just pulled off of Google Earth, or Google Maps, so sorry if I got people in there. The encroachment on the side yard is into an alley, which is basically undeveloped. it only serves a couple of homes in the back and dead ends back there so there's there's less encroachment onto the name they're not they're they're on into that gravel alley i give you the criteria for approval for the conditional use permit and also for the minor deviation uh were what were Looking at is. Whether the the fact that the existing concrete pad is what is being used, it's already in an encroachment and it makes most sense to fit that carp. Port on that existing pad. We did get comments from the city engineer and from. I believe none of those really are anything that we needed to condition it on so staff here is recommending approval of both the condition use permit and the minor deviation got four conditions there for you the first two are pretty standard requiring you know if if anyone that prior to the building permit they'd have to have appropriate construction drawings right now our code has a requirement that materials used in construction of the accessory use be compatible with the materials used in the principal use We don't know how compatible is defined, but a metal carport is very, with especially with the modular home matching you have also already seen a code amendment that would take that requirement out the City Council will see that next Tuesday which is a week before or two weeks before this would be heard in front of the City Council so it's very likely that requirement will actually be removed before this is voted on. And then the final one is that the carport should not be enclosed and that's to ensure that in the future we don't block any view of anyone coming out of the alley or turning into the alley since that would be a concern. But with the open carport it's not much of a concern. Are there any questions?

Is the alley currently being used by sanitation or anyone?

I do not know the answer, maybe Maria does, but, and I'm gonna apologize and our applicant here, Maria, Avila, English is her second language. I think she's very good at it, but she may stumble a little and we do not have an interpreter available. So we're gonna stumble through this together if we need to with questions. Should I bring her up or do you have more?

Can staff clarify the exact setback? Is the carport actually zero foot from the property line or two to two and a half feet?

It's both. So it's zero feet from the front setback and two and a half feet from the side south setback.

And when you say it's unenclosed, can you give a better description of that? Is it going to be like it is right now? I mean, what do you mean unenclosed? When I think of a carport, I think of like a metal enclosure. When you say unenclosed, what does that mean?

There will be four metal poles with a metal roof. So no sides on it.

This picture's a little bit misleading because the carport is actually up.

Okay, it wasn't when I went by, but.

Well, I drove by today and it's up.

It's already up?

Yeah, it's not roofed, but it's up and connected to the house and extends right out to the edge of that driveway.

Which is the property line? So they have jumped the gun on the construction?

I don't know when it went up. I can't answer that, but I can tell you that it is up.

They had started it before they were aware that they needed a permit, so they came right in at that time.

Thanks for that clarification I Don't I mean this is just a standard Carport that we see all over the place in in town, right? It's just metal roof metal poles I I'm questioning a number, you know, let's see the Number two on the Conditions, you know, it's like do they really need to put to provide construction drawings and have it reviewed by?

By city staff that seems utterly ridiculous and time-consuming they are required to get a building permit and It does say the appropriate construction drawings so that will be in the hands of the building department as far as what's appropriate and

My most urgent concern is this alleyway. I mean, are there garbage trucks, utility trucks? I mean, that is at an intersection. Is that going to block visibility? Is that going to affect public safety? I mean, it really concerns me about the alleyway. I know it doesn't look like anything's on it right now, but In the future, that could be. It could be a visibility problem. And I don't think there's a whole lot of room.

We did specifically ask our city engineer to make any comments on that, and he did not think it was a concern. If you could look up there now the alley itself. Um? does not everybody has access off of a city street so it's a back alley it dead ends this is the mobile home park over there the common area for a mobile home park so it doesn't go through and I don't believe it ever could go through and I haven't heard comments on trash

So that's not being used by garbage trucks?

I think it would be hard for them to get down there. There's no way to turn around anyway. So I would expect that it's not used that way.

I'm just concerned that if it's already up, then I'm a little concerned that, you know... that really makes me think twice you know I know you said they've come as fast as possible but the procedure is to come before us and the City Council before this happens that concerns me quite a bit I'd like to see what it looks like right now. I mean, we're seeing all these pictures right here. This is pointless. We need to see what's going on right now. So if we could see a picture of what's happening, I mean, I can't really go forward without that. I'm a no without seeing more evidence of what's happening at this moment. And we should have a picture of what's of the current situation. not a month ago or a week ago or whatever. So this is disappointing and why is this being approved by the staff without a current photo of what's going on? It seems like everything just gets approved by the staff no matter what. So again, it concerns me that there's no prudence.

So were they the owners of this property at the time this picture was taken that we have up here now?

I pulled that picture off of Google Maps it does look like semi there is probably not theirs yeah parked in the alley I don't yeah is that a semi truck yes I mean I can't believe we allow these type of things happen in Durango that would be towed within two hours

But I don't think it was there. I don't think they owned the property.

No good eye, though. Garbage truck is definitely going to have a hard time getting around that. I don't think they're using it for garbage.

I don't think they are in that.

Or an Atmos Energy or an EEH. There are some power poles that go down that line.

Whatever type of utility. Utility easement, but...

And there would be no way for them to turn around down there?

That back one or two, another one, where the red semi is parked there.

And I verified with her that that is not their semi. Okay.

And so if you look at the Cortez City Engineer's comments towards the end, he states, provided the carport maintains clearance from these utilities and satisfies the requirements of ATMIS and EEA, I do not see any inherent issues with the installation of the carport.

The installation has already taken place. Has EEA or ATMIS even discussed visited the site and given their feedback, do we have anything from them?

Atmos did comment and Empire Electric was given the opportunity to comment and no one expressed concerns. I do not know. Atmos asked that the property owner call 811 prior to utility locates before the start of the project. I don't know whether that occurred or not.

Well, does the applicant want to speak about what's happening with the construction and what date that it started on and what's happening? And you can use the app if you need to translate.

follow the fence line that's that fence line that was right there that goes all the way right there to the edge of that carport so that that's in that is in their property it's the space right here that we're talking about

So we need that this construction because I have three kids and especially in this time is very hot and And when I take that car, it's very hot inside. And it's very difficult for me in the mornings, in the afternoon, because run the car, it's very hot. And it's crazy for my kids. So this is the need, this carport for my family. So I don't know. I don't have idea. We need permits, so.

Can we, Mr. Chairman, can we have the applicant state their name for the record? Who's?

Oh, my name, I'm sorry. My name is Maria Sonia Avila, and I live in the, my address, right? Sorry, it's at 1411 Montelore's Avenue. So we buy this house last year in November, I think so. So everything is new for my family, so I don't know.

When did the construction start?

maybe this man for that that this construction for the car but you say right. We start last week only from the the middle because we don't have idea we need out permits, but we stop for taking I don't remember the name for the lady and I say we need a permissive to say yes to say OK we stop and we waiting for that permits. But we start last month.

Do you have a picture of the current construction?

I don't have pictures, but the man, he called me three weeks ago. He had pictures. I don't know if he's sending for the ladies. I don't know.

We don't have anything current. Dick, what did it look like when you went by it?

Well, so if you take, if you come out about the two and a half feet, the distance of this width of this car, it stands, it comes out that far. So it's just a light frame carport that comes. Is it in this area or this area? It covers this whole area. So it doesn't go beyond? Doesn't go beyond the concrete. so i have pictures for the carport but not in my house yeah it doesn't it's all on the property it's it's uh and and this the same thing goes with the fence line that goes back there there's no way any trash trucks or anything else it's i i

I'm a little hesitant to vote yay without seeing a current photo of what's happening. I mean, I'm all for homeowners improving their residence, trying to make it a better property for you and your family. I thought in the code the carport had to be continuous with the building, though. So it looks like there's a gap between the carport and the actual structure. I thought it had to be like part.

It is attached to the house.

Oh, it is attached? See, this is why I'm so confused, because we don't know what's going on right now. I can't be a yes vote if I don't have a current photo of what's happening. We can describe it all day, but I mean, it's really hard to get a grasp on it for me.

Yeah, well, my comments is I don't have any problems with this. I think we should approve it as it is. They're not, you know, the site setback is fairly irrelevant. That alley is not going to be used. And there's 20 feet. beyond the pad, because this will not extend beyond the concrete pad, so there's 20 feet between the end of the pad and the street, the actual street.

I think it's actually 22 or something.

22, yeah, it's at least 20 feet, and a ditch, so I just, you know, there's no reason to, I mean, you know, I'm not the biggest fan of this kind of carport, but

to do what you got to do and i i don't see a problem with this at all i don't think i would disagree with the carport if it was attached more to the side of the property there it is a concern that that's an alien in the future that might be more developed and more used i mean if nobody's using it right now then should be abandoned like dick proposed earlier i mean i'm a no without seeing the current photo so that that's my stance so you gentlemen can debate among yourselves what what you guys want to do but i'm a no um have

So if you are, just as a point of order, if you're done discussing and you want to open it up to the public for public comment, you could, and then go to a vote. Or if you have any further questions for staff or the applicant, you could continue the discussion.

Any further questions for the staff? The meeting's open for public comment. If none, I'm going to close it. Comment?

I'll make a motion that the commission approve planning and zoning resolution number 8, series 2026, a resolution recommending the city council approve the conditional use permit for carport position in the front yard of 1411 Montelores Avenue, Cortez, Colorado in the mixed residential district with the conditions as stated in the resolution.

So I guess if there's a second.

Roll call. Well, there's no second. Do we have a second? I'll second.

And then you call to bring it to a vote. Yeah.

Or Cheney.

No.

Right over.

Yes.

Landreth Yes.

I do, having been done with this now, I do agree it would have been nice to have a current photo.

We have a lot of people on staff, full-time, every day, I guess, except for Friday. There needs to be a little bit more due diligence here.

Okay.

To know what's going on.

I'd like to talk a little bit about that. I wasn't aware it was already constructed. My fault. I don't live here. I'm not here every day. But let's add to that. When you're looking at a project, and you're free to go, Maria. But when you're looking at a project, I understand concern that it's already there. maybe not often but in the past we have had people that either didn't understand or purposely violated codes to and then once it's brought to their attention they come in here to correct them but what's important in that case is that you look at the project on its merits You need to see if you would approve it if it wasn't there. So in a way, it somewhat muddies the water to show you.

What is the point of our vote if it's already been constructed?

If you voted against it, they would have to remove it. I mean, well, you're just a recommendation.

My recommendation would be to continue it to another meeting to have a current photo. Well, it's been recommended for approval now it will go on to the city count you you guys need to pay attention to the details and Do the best job that you can and that's all we can ask. There's a lot of people on staff here Please use all your time valuably So when we're here, we have all the information that we need to make the right decision That's all I'm saying Moving on

There's no unfinished business? No. Any new business? None. No other items of business?

I make a motion that we adjourn this meeting. I second the motion

Martini?

Aye.

Landreth?

Yes.

Fryhover?

Yes. Thank you.

Thank you.

Nancy, I don't know. This is kind of an informal situation, but the council needs to really look at that alley and look at it where it needs to be abandoned.

Well, and I specifically asked the public works director to make sure that it wasn't a concern. You saw his comments.