Title
VAR-2024-0001. Philip Gursky, applicant, representing IMG, LLC, and Twilight Homes of NM, LLC, on behalf of Handy Family Trust, property owner, is requesting a Variance application approval at the properties addressed as 114, 117, 118, 119, 120 A & B, 122, and 123 Longview Drive, White Rock Town Center, Los Alamos County. The request is for a variance to WRTC Zone District Standards requirements for sidewalk width and location, and for landscape elements in the right-of-way, as described in Los Alamos County Development Code, Article II, Division 2. Section 16-6-(b)(3)(a)(1.). This variance is submitted concurrently with a Sketch Plat approval, Case # SUB-2024-0016. The properties, SV A006A, SV A006C, SV A006D, SV A006E, SV A006F, SV A006G, and SV A003C, SV A003D, SV A003E, Sherwood Village, White Rock, NM, are within the White Rock Town Center (WRTC) Zone District.
Property Owners
Handy Family Trust
Applicant
Philip Gursky, applicant, representing IMG, LLC, and Twilight Homes of NM, LLC
Case Manager
Jane Mathews, Senior Planner
Motion Options
According to Development Code, Section 16-72-(f)(5)(c)(3), Planning and Zoning Commission shall take any one of the following actions pursuant to the applicable decision criteria:
1. Approve the application as presented if the proposal is in conformity with the criteria.
2. Approve the application with conditions. Conditional approval may only be impose such conditions as are reasonably necessary to meet the approval criteria of the Division 3. Specific Development Procedures.
3. Deny the application if the proposal is not in conformance with the decision criteria within the Division 3. Specific Development Procedures.
Decision Criteria
VARIANCE, Section 16-74-(g)(3), 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.
Attachments
A - Staff Report with Exhibits