Title
Case No. VAR-2025-0015. Property owner, Barbara Martinez, requests a variance from dimensional standards to install a carport abutting the front property line-creating a zero-front setback. The property is addressed as 1968 40th Street, Los Alamos, NM, and is within the North Community 1 Subdivision, zoned Residential-Mixed (RM-2).
Property Owners
Barbara Martinez
Applicant
Barbara Martinez
Case Manager
Desirae J. Lujan, Senior Planner
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.
Draft Motion Options
Recommended Motion, Approve:
I move to approve Case No. VAR-2025-0015, a request by Barbara Martinez, property owner, for a Variance from the RM-2-dimensional zone district standards. Approval allows an open-sided carport to be installed at 1968 40th Street, Los Alamos, NM, directly at the front property line along 40th Street, creating a zero-foot front setback.
Approval is based on the Findings of Fact established at the hearing and the determination that the Applicant has met the decision criteria for Variance per Section 16-74(g)(3) of the Los Alamos County Development Code. 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 that reflects 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-2025-0015, a request by Barbara Martinez, property owner, for a Variance from the RM-2-dimensional zone district standards. Approval allows an open-sided carport to be installed at 1968 40th Street, Los Alamos, NM, directly at the front property line along 40th Street, creating a zero-foot front setback. Approval is made under the following conditions:
1. …
Approval is based on the Findings of Fact established at the hearing and the determination that the Applicant has met the decision criteria for Variance per Section 16-74(g)(3) of the Los Alamos County Development Code. 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 a Final Order approving the application and Findings of Fact and Conclusions of Law for this case, based on this decision to be prepared by county staff.
Alternative Motion 2, Deny:
I move to deny Case No. VAR-2025-0015, a request by Barbara Martinez, property owner, for a Variance from the RM-2-dimensional zone district standards.
Denial is based on the findings established at the hearing and the conclusion that the Applicant has not met the decision criteria for a Variance per Section 16-74(g)(3) of the Los Alamos County Development Code. 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 that reflects the decision of the Commission. This document will be prepared by county staff based on this decision.
Attachments
A - Staff Report
B - Application Packet
C - Public Notices