Commission OKs Variance For Townhouses

FARMINGTON — Farmington Planning Commission voted 4-2 last week to allow a variance from the density requirements for a multi-family development going in on East Old Farmington Road behind Collier Drug Store.

The density requirement in a MF-2 zone in Farmington is 6,000 square feet of lot area per unit.

The property has 37,176 square feet, enough for six units to meet the density requirements. Brad Smith with Cedar Mountain Properties LLC asked for a variance to allow him to put in seven units along the street, one three-plex and one four-plex. Smith asked for a variance of more than 4,800 square feet.

Geoffrey Bates, project engineer, said the right-ofway dedication was not considered when attempting to meet the density requirements. When the right of way is given to the city, this will reduce the available density to 5,311 square feet of lot area per unit, Bates said.

Bates said he thought the variance request was reasonable because the city’s zoning ordinance for MF-2 allows a development to have up to 40 percent coverage on the property. The proposed development covers 20 percent of the property.

Commissioners Jay Moore, Toni Bahn, Bobby Wilson and Judy Horne voted in favor of the variance.

Commissioners Howard Carter and Matt Hutcherson voted against the request. Member Gerry Harris was absent.

Later in the meeting, the Commission voted 6-0 to approve the large-scale development plan for the project, called Old Farmington Road Townhouses.

The Commission had a long discussion with Bates and Smith about the variance request before voting on the proposal.

No one from the public spoke about the variance request but one objection was submitted by letter from Vicki Norvell of Farmington. A copy of her letter was given to members of the commission. The letter was not read in public but was to be attached to the meetings of the meeting.

City Attorney Steven Tennant told Bates he did not think the 20 percent coverage argument was relevant to the request.

“You requested this type of zoning (MF-2) and that’s what you got,” Tennant said. “It’s a matter of not getting enough land for the project.”

Tennant wondered why the owner didn’t just adjust the project to make it six units, instead of seven, to meet the requirements of the zone. Bates responded seven units were needed for cash flow.

“Land is not exactly cheap,” Bates said.

Tennant replied, “What it boils down to … it’s about money.”

Bates said the two buildings are not crammed onto the property and that it has lots of green space and landscaping.

“I think it looks pretty good,” Bates said.

Hutcherson wondered if the owner should have “done more homework” before buying the property.

“You’re a full unit over what is even allowed to build on the lot,” Hutcherson said.

Commission Chairman Robert Mann said his concern was that if the Commission approved the variance, others would come in requesting the same variance for their developments.

“It looks like someone didn’t do their due diligence to figure this out before purchasing it,” Mann said. “What do we say to the next person who comes in?”

Jay Moore, commissioner, said he saw both sides to the request: Farmington needs more housing, but the city also has standards to meet.

“I think this might be a good situation for a variance,” Moore said.

In addressing the Commission, Smith said he realized his request was a “big ask,” but pointed out projects have to be economically feasible. He said the cash flow works better with seven units, taking into consideration cost of land, infrastructure costs and construction costs.

Smith said he could build six units, but he would have to charge higher rent.

“I think this comes down as a good project. I think it enhances Farmington’s needs for more residential living units,” Smith added.

The large-scale development plan shows the two buildings would face the street and each unit would have a single-car garage with off-street parking for two other vehicles. A privacy fence would be on three sides of the property. The landscape plan shows plants, shrubs and trees would be installed along the perimeter of the property.

In a memo from city engineer Chris Brackett with McGoodwin, Williams and Yates, Brackett said approval for the large-scale development plan should be conditional on several issues, one being the units should be reduced from seven to six to meet the zoning ordinance requirement for density. This condition was voided because the commission agreed to give a variance.

After the meeting, Smith said each unit would be two-story with 1,450 square feet. Each also will have three bedrooms, 2 ½ baths.

Smith said construction would start in about 45 days and be finished in April. Jerry Coyle of Coyle Enterprises is contractor for the project.