Title
Case No. VAR-2026-0019. Scott McCloy, applicant, on behalf of RUSS NM LLC, property owner, requests approval of a variance from the Type B Buffer Zone planting requirements of the Neighborhood Protection Standards (Chapter 16, Section 16-43, Los Alamos County Development Code). This request is associated with Case No. SIT-2026-0081, which proposes the parking and operation of nine (9) mobile food vending vehicles at 1377 and 1399 Diamond Drive, Los Alamos, NM. The properties are within the General Commercial (GC) zone district.
Property Owners
Russ NM LLC.
Applicant
Scott McCloy
Case Manager
Danyelle Valdez, Planning Manager
Body
In accordance with Los Alamos County Code of Ordinances, Chapter 16, Development Code ("Development Code"), section 16-74(g), establishes procedures for Variances. Staff received an application for Variance on May 28, 2026, in association with Case No. SIT-2026-0081, from Scott McCloy, Agent, on behalf of Russ NM LLC. The application was assigned Case No. VAR-2026-0019, reviewed by the Interdepartmental Review Committee ("IDRC"), and pursuant to section 16-72(c) of the Development Code, was properly noticed for a July 22, 2026, public hearing.
Section 16-69 grants the Planning and Zoning Commission ("Commission") the authority and responsibility to make final decisions on Variance applications. The Commission shall approve the application as presented, approve the application with conditions that are reasonably necessary to meet the decision criteria, or deny based on conformance with section 16-74(g)(3) decision criteria.
Pursuant to section 16-72-(f)(5)b.9., approval by the Commission shall require a motion and affirmative vote of a majority of the members present, and no less than four (4) to approve the application. Failure to issue a final decision prior to the close of the hearing shall constitute denial of the application.
Section 16-74(g)(3), Variance Decision Criteria
An application for a subdivision shall be approved if it meets all of the following criteria:
a. The variance will not be contrary to the public safety, health, or welfare.
b. The variance will not undermine the intent of this Code, the applicable zone district, other county adopted policies or plans, or violate the building code.
c. Granting of the variance will not cause an intrusion into any utility or other easement unless approved by the owner of the easement.
d. The variance request is caused by unusual physical characteristic or a hardship inherent in the lot or lot improvements and the peculiarity or hardship has not been self-imposed.
e. The variance will not create any significant adverse impacts on properties within the vicinity.
f. Granting of the approved variance is the minimum necessary easing of the Code requirements making possible the reasonable use of the land, structure, or building.
Motion Options
Recommended Motion,
I move to deny Case No. VAR-2026-0019, a request by RUSS NM LLC, property owner, with Scott McCloy as applicant/agent, for a variance from Section 16-43, Neighborhood Protection Standards, of the Los Alamos County Development Code. The request seeks relief from the Type B Buffer Zone planting requirements associated with the proposed mobile food vending use at 1377 and 1399 Diamond Drive, Los Alamos, New Mexico.
Denial is based on the Findings of Fact established at the hearing and the determination that the Applicant has not met all required decision criteria for a Variance under Section 16-74(g)(3) of the Los Alamos County Development Code, specifically criteria subsections (b), (d), (e), and (f). The Commission acts under the authority of Section 16-69(b)(2) and (6) of the Development Code.
I further move to authorize the Chair to sign the Findings of Fact and Conclusions of Law for this case reflecting the decision of the Commission. This document will be prepared by County staff based on this decision.
Alternative Motion 1 (Approve with Conditions):
I move to conditionally approve Case No. VAR-2026-0019, a request by Russ NM LLC, property owner, with Scott McCloy as applicant/agent, for a Variance from Section 16-43, Neighborhood Protection Standards, of the Los Alamos County Development Code. The request seeks relief from the Type B Buffer Zone planting requirements associated with the proposed mobile food vending court at 1377 and 1399 Diamond Drive, Los Alamos, New Mexico.
Approval is based on the Findings of Fact established at the hearing and the determination that the Applicant has met all required decision criteria for a Variance under Section 16-74(g)(3) of the Los Alamos County Development Code, subject to the following conditions:
1.
The Commission acts under the authority granted in Section 16-69(b)(2) and (6) of the Development Code.
I further move to authorize the Chair to sign the Findings of Fact and Conclusions of Law for this case reflecting the decision of the Commission. This document will be prepared by County staff based on this decision.
Alternative Motion 2 (Approve):
I move to approve Case No. VAR-2026-0019, a request by Russ NM LLC, property owner, with Scott McCloy as applicant/agent, for a Variance from Section 16-43, Neighborhood Protection Standards, of the Los Alamos County Development Code. The request seeks relief from the Type B Buffer Zone planting requirements associated with the proposed mobile food vending court at 1377 and 1399 Diamond Drive, Los Alamos, New Mexico.
Approval is based on the Findings of Fact established at the hearing and the determination that the Applicant has met all required decision criteria for a Variance under Section 16-74(g)(3) of the Los Alamos County Development Code. The Commission acts under the authority granted in Section 16-69(b)(2) and (6) of the Development Code.
I further move to authorize the Chair to sign the Findings of Fact and Conclusions of Law for this case reflecting the decision of the Commission. This document will be prepared by County staff based on this decision.
Attachments
A - Staff Report
B - Legal Notice
C - Application