Title
VAR-2026-0020: A request by Bryan Laubscher, property owner, for a variance from the minimum lot area requirement in the RM-2 Zone District. The variance would allow Lot 278, North Community No. 1, located at 2071 North Road, Los Alamos, New Mexico, to be divided into two residential lots to accommodate residential improvements.
Property Owners
Brian Laubscher
Applicant
Brian Laubscher
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 August 26, 2026, in association with Case No. SUM-2026-0015, a request to split Lot 278, North Community 1 Subdivision, into two lots. The application was assigned Case No. VAR-2026-0020, reviewed by the Interdepartmental Review Committee ("IDRC"), and pursuant to section 16-72(c) of the Development Code, was properly noticed for a September 23, 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 closing of the hearing shall constitute denial of the application.
Section 16-74(g)(3), Variance Decision Criteria
An application for a subdivision 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...
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