Title
CASE NO. APL-2025-0024. An Appeal Application Requesting the Los Alamos County Council to Remand the Planning and Zoning Commission’s Decision in VAR-2025-0014 Back to the Planning and Zoning Commission for Rehearing and Decision. Case No. VAR-2025-0014 Requested Variance Approval from Front Setback Standards to Install a Carport Adjacent to the Front Property Line at 2339 35th Street, Los Alamos, NM, Zoned Residential-Mixed (RM-1)
Recommended Action
Motion Option-Remand for Rehearing and Decision - I move that the County Council, without full hearing, find the Parties’ joint motion for remand as well taken and grant the Final Order on Joint Motion to Remand to Planning and Zoning Commission for Rehearing and Decision. and I further move to authorize the Chair of the County Council to sign the Final Order on Joint Motion to Remand to Planning and Zoning Commission for Rehearing and Decision.
Alternatives
I move that the County Council, without full hearing, find the Parties’ joint motion for remand not well taken and deny the grant of the Final Order on Joint Motion to Remand to Planning and Zoning Commission for Rehearing and Decision; set aside the Order Suspending Time for Briefing filed on January 30, 2026, and reschedule this matter for a full hearing before the County Council as soon as reasonably possible. I further move that County staff prepare an order consistent with this ruling and further authorize the Chair of the County Council to sign the order consistent with this ruling.
Body
Jacoby and Heather Baker, property owners and applicants, submitted a Development Application (VAR-2025-0014) to seek a variance from the Residential-Mixed (RM-1) zone district dimensional standards, specifically the minimum 20-foot front setback. Approval of the variance would allow for the installation of a pre-fabricated carport adjacent to the front property line, resulting in a 1.5-foot front setback located at 2339 35th 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-2025-0014. 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-2025-0014 was made; however, the motion failed by a 3-2 vote. The order from the Planning and Zoning Commission is listed as Attachment A.
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.
In prior instances where an application has been denied under these circumstances, the County Council has exercised its authority to “without a full public hearing, remand an appeal to the original decision making authority for rehearing and decision if it finds that rehearing would be likely to resolve the matter.” (Section 16-72(g)(5)(d)(5) of the County Code.) Both the Community Development Department and the Applicant agreed that a remand was the best path forward to resolve matter in the timeliest manner.
Once the Community Development Department and the Applicant (the Parties) were in agreement the Parties first filed a Joint Motion to Suspend Time for Briefing (Attachment B) to allow Council time to consider matter before proceeding to full hearing on the substance of the appeal. This was a procedural motion which the Chair has the authority to sign without Council action. (Section 16-72(g)(5)(b)(6)) The Order Suspending Time for Briefing was entered on January 30, 2026. (Attachment C)
The second motion the Parties filed on January 21, 2026 was a Joint Motion to Remand to Planning and Zoning Commission for Rehearing and Decision. (Attachment D). This is the motion under consideration by the County Council at this hearing. The motion outlines the reasons for the requested remand and provides the legal basis for the County Council to grant this order. If the County Council approves this motion and grants the Final Order on Joint Motion to Remand to Planning and Zoning Commission for Rehearing And Decision (Attachment E), the Community Development Department will schedule this matter for rehearing before the Planning and Zoning Commission. The expectation is the Planning and Zoning Commission would rehear the case in April of 2026.
In the alternative, the County Council can deny the motion; lift the stay on the briefing schedule, and order that this matter be brought back to Council for a full hearing on the merits as soon as reasonably possible.
Both the Community Development Department and the Applicant agree that the most efficient way to resolve this matter is to remand this back to the Planning and Zoning Commission. The motion filed and the proposed order represent the Parties’ effort to gain the concurrence of the County Council who has the authority to remand this matter to the Planning and Zoning Commission.
Planning and Zoning Commission October 22, 2025, meeting recording:
<https://losalamos.legistar.com/MeetingDetail.aspx?ID=1273711&GUID=5C952F1F-C8C5-4A99-BC06-18A78A20B1CC&Options=info|&Search=>
Attachments
A - Planning and Zoning Commission Order
B - Order Suspending Time for Briefing
C - Joint Motion to Suspend Time for Briefing
D - Joint Motion to Remand to Planning and Zoning Commission for Rehearing and Decision
E - Proposed Final Order on Joint Motion to Remand to Planning and Zoning Commission for Rehearing and Decision