Case Summary
CASE NO. VAR-2024-0002. Eric Morrison and Casey Shoemaker, Applicants, Property Owners, are requesting a variance from the Residential-Mixed (RM-1) zone district dimensional standards to construct a 23’X25’ (575 sq.ft.) attached carport at 1152 41st Street, Los Alamos, NM. Approval would allow the carport to project a maximum of 95% (19') into the required 20’ front setback, and 33% into the required 5’ (1'-8") interior side setback on the east. The property, WA1 300, is within the Western Area 1 Subdivision, and the Residential-Mixed (RM-1) zone district.
Applicant
Eric Morrison and Casey Shoemaker
Property Owners
Eric Morrison and Casey Shoemaker
Case Manager
Desirae J. Lujan, Associate Planner
Decision 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
Option 1: I move to approve Case No. VAR-2024-0002, a variance request from the Development Code, Residential-Mixed (RM-1) zone district dimensional standards, for the construction of a 23’X25’ (575 sq.ft.) attached carport at 1152 41st Street, Los Alamos, NM. Approval would allow the carport to project a maximum of 95% (19') into the required 20’ front setback, and 33% into the required 5’ (1'-8") interior side setback on the east. The property, WA1 300, is within the Western Area 1 Subdivision, and the Residential-Mixed (RM-1) zone district.
Approval is based on the Findings of Facts established at the hearing and conclusion that the Applicant has met the decision criteria for Variance within Section 16-74(g)(3) of the Los Alamos County Development Code and that the Commission is acting under the authority granted by Section 16-69(b)(2)(j) 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.
** The Commission may recommend conditional approval as determined during the hearing.**
Option 2: I move to deny Case No. VAR-2024-0002, a variance request from the Development Code, Residential-Mixed (RM-1) zone district dimensional standards, for the construction of a 23’X25’ (575 sq.ft.) attached carport at 1152 41st Street, Los Alamos, NM. The property, WA1 300, is within the Western Area 1 Subdivision, and the Residential-Mixed (RM-1) zone district. Denial is based on the Applicant failing to demonstrate that the application meets the Variance decision criteria within Section 16-74(g)(3) of the Los Alamos County Development Code and that the Commission is acting under the authority granted by Section 16-69(b)(2)(j) 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.
Attachments
A - Application Packet
B - IDRC Minutes
C - Public Notices
D - Staff Report & Analysis