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File #: 21307-26    Version: 1
Type: Appeal Status: Public Hearing
File created: 2/9/2026 In control: County Council - Regular Session
On agenda: 3/3/2026 Final action:
Title: CASE NO. APL-2025-0023. An Appeal Application Requesting the Los Alamos County Council to Remand the Planning and Zoning Commission’s Decision in VAR-2025-0015 Back to the Planning and Zoning Commission for Rehearing and Decision. Case No. VAR-2025-0015 Requested Variance Approval from Front Setback Standards to Install a Carport Abutting the Front Property Line at 1968 40th Street, Los Alamos, NM, Zoned Residential-Mixed (RM-2)
Presenters: Danyelle Valdez; Elias Isaacson
Indexes (Council Goals): Quality Excellence - Effective, Efficient, and Reliable Services
Attachments: 1. A - Filed Order APL-2025-0023, 2. B - Joint Motion to Suspend Time for Briefing, 3. C - Order Suspending Time for Briefing, 4. D - Joint Motion to Remand to Planning and Zoning Commission for Rehearing and Decision, 5. E - Proposed Final Order on Joint Motion to Remand to Planning and Zoning Commission for Rehearing and Decision
Title
CASE NO. APL-2025-0023. An Appeal Application Requesting the Los Alamos County Council to Remand the Planning and Zoning Commission’s Decision in VAR-2025-0015 Back to the Planning and Zoning Commission for Rehearing and Decision. Case No. VAR-2025-0015 Requested Variance Approval from Front Setback Standards to Install a Carport Abutting the Front Property Line at 1968 40th Street, Los Alamos, NM, Zoned Residential-Mixed (RM-2)
Recommended Action
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. 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
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 ("Commissio...

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