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
Background
On September 4, 2025, Barbara A. Martinez, property owner and applicant, submitted a Development Application (VAR-2025-0015) to seek a variance from the Residential-Mixed (RM-2) zone district dimensional standards, specifically the minimum 15-foot front setback. Approval of the variance would allow for the installation of a pre-fabricated carport abutting the front property line, resulting in a zero front setback located at 1968 40th Street, Los Alamos, New Mexico.
Section 16-69 grants the Planning and Zoning Commission ("Commission") the authority and responsibility to make final decisions on variance applications. On October 22, 2025, the Commission held a public hearing for Case No. VAR-2025-0015. The Commission received sworn testimony, evidence, and cross-examination from the applicant, County staff, and deliberated on the applicable decision criteria. At the conclusion of deliberations, a motion to approve VAR-2025-0015 was made; however, the motion failed by a 3-2 vote. Pursuant to Section 16-72(f)(5)(b)(9), approval by the Commission requires a motion and an affirmative vote of a majority of members present, but no fewer than four (4) to approve the application. Failure to issue a final decision or recommendation prior to the close of the hearing constitutes denial of the application. The application was denied as a matter of law and not on the merits of the application.
On December 1, 2025, the Applicant filed an appeal of the outcome to the County Council. Both the Community Development Department and the Applicant agreed that a remand was the best path forward to resolve matter in the timeliest manner. Therefore, a Joint Motion to Remand to Planning and Zoning Commission for Rehearing and Decision was filed by the Parties on January 21, 2026. On March 3, 2026, the County Council considered the motion and exercised its authority to “without a full public hearing, remand an appeal to the original decision making authority for rehearing and decision." (Section 16-72(g)(5)(d)(5) of the County Code.) The County Council unanimously approved this motion with the expectation that the Planning and Zoning Commission would rehear the case in April 2026.
Section 16-74(g)(3) 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.
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
D - Final Order on Joint Motion to Remand to Planning and Zoning Commission for Rehearing and Decision