Title
VAR-2025-0010. Joyce Nickols, representative for the Unitarian Church of Los Alamos, property owners of 1738 N Sage, Los Alamos, NM, requests a variance from the Los Alamos Development Code, specifically the Accessory Structure standards, to allow the construction of a steel pergola in the front yard - within less than 40 feet of the front property line. The Development Code restricts the placement of accessory structures to the side and rear yards in any zone district. The subject property, designated as EA3 S, is located within the Eastern Area 3 Subdivision and is zoned Single-Family Residential (SFR-4).
Property Owners
Unitarian Church of Los Alamos
Applicant
Joyce Nickols, representative for the Unitarian Church of Los Alamos
Los Alamos Landscaping, Contractor
Case Manager
Desirae J. Lujan
Section 16-74(g), Variance Decision Criteria
An application for a variance 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.
Section 16-72(f)(5)c-3, Public Hearing Decisions
The hearing body making a final decision shall take any one of the following actions:
1. Approve the application as presented if the proposal is in conformity with the criteria.
2. Approve the application with conditions. In granting conditional approval, the hearing body making the final decision may only impose such conditions as are reasonably necessary to meet the approval criteria.
3. Deny the application if the proposal is not in conformance with the decision criteria within division 3, Specific Development Procedures. Remand the application back to the recommending body for further proceedings.
Attachments
A - Application Submittal
B - Public Notices
C - Staff Report with Exhibits