Title
Case No. VAR-2025-0011. Jacob and Lena Zielie, property owners of 3 Acoma Lane, White Rock, NM, have requested a variance from Section 16-18(b)-4 of the Los Alamos Development Code. The request is to allow the placement of a 720 sq. ft. metal accessory building closer to the front property line than the main structure. The Development Code limits accessory structures to the side and rear yards in all zone districts. The subject property, designated as PA1 017, is located within the Pajarito Acres 1 Subdivision and is zoned Residential Agricultural (RA).
Property Owners
Jacob and Lena Zielie
Applicant
Jacob and Lena Zielie
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