Title
Case No. VAR-2026-0019. Scott McCloy, applicant, on behalf of RUSS NM LLC, property owner, requests approval of a variance from the Type B Buffer Zone planting requirements of the Neighborhood Protection Standards (Chapter 16, Section 16-43, Los Alamos County Development Code). This request is associated with Case No. SIT-2026-0081, which proposes the parking and operation of nine (9) mobile food vending vehicles at 1377 and 1399 Diamond Drive, Los Alamos, NM. The properties are within the General Commercial (GC) zone district.
Property Owners
Russ NM LLC.
Applicant
Scott McCloy
Case Manager
Danyelle Valdez, Planning Manager
Body
In accordance with Los Alamos County Code of Ordinances, Chapter 16, Development Code ("Development Code"), section 16-74(g), establishes procedures for Variances. Staff received an application for Variance on May 28, 2026, in association with Case No. SIT-2026-0081, from Scott McCloy, Agent, on behalf of Russ NM LLC. The application was assigned Case No. VAR-2026-0019, reviewed by the Interdepartmental Review Committee ("IDRC"), and pursuant to section 16-72(c) of the Development Code, was properly noticed for a July 22, 2026, public hearing.
Section 16-69 grants the Planning and Zoning Commission ("Commission") the authority and responsibility to make final decisions on Variance applications. The Commission shall approve the application as presented, approve the application with conditions that are reasonably necessary to meet the decision criteria, or deny based on conformance with section 16-74(g)(3) decision criteria.
Pursuant to section 16-72-(f)(5)b.9., approval by the Commission shall require a motion and affirmative vote of a majority of the members present, and no less than four (4) to approve the application. Failure to issue a final decision prior to the close of the hearing shall constitute denial of the application.
Section 16-74(g)(3), Variance Decision Criteria
An application for a subdivision shall be appr...
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