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 Departme...
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