Title
VAR-2024-0005. Sonja Martinez, on behalf of 2439 46th Condos, property owner, is requesting a variance from the Development Code dimensional standards to place a 192 sq. ft. accessory structure 5-ft from the rear property line, where 15-ft is minimum. The Property, NC1A1240, addressed at 2439 46th Street, Los Alamos, NM, is within the North Community 1 Subdivision and zoned Multi-Family Residential-Low Density (MFR-L).
Property Owners
2439 46th Street Condos
Applicant
Sonja Martinez
Case Manager
Desirae J. Lujan
Section 16-74(g), Variance Decision Criteria
An application for a variance 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 of this Code, the applicable zone district, other county adopted policies or plans, or violate the building code
c. Granting of the variance will not cause an intrusion into any utility or other easement unless approved by the owner of the easement.
d. The variance request is caused by unusual physical characteristic or a hardship inherent in the lot or lot improvements and the peculiarity or hardship has not been self-imposed.
e. The variance will not create any significant adverse impacts on properties within the vicinity.
f. Granting of the approved variance is the minimum necessary easing of the Code requirements making possible the reasonable use of the land, structure, or building.
Section 16-72(f)(5)c-3, Public Hearing Decisions
The hearing body making a final decision shall take any one of the following actions:
1. Approve the application as presented if the proposal is in conformity with the criteria.
2. Approve the application with conditions. In granting conditional approval, the hearing body making the final decision may only impose such conditions as are reasonably necessary to meet the approval criteria.
3. Deny the application if the proposal is no...
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