The Dona Ana County Planning and Zoning Commission on Aug. 14 approved a variance permitting a 16-by-80 mobile home (1,280 square feet) as an accessory dwelling on an 8.82-acre parcel in a D2 (medium-density residential) zone, exceeding the D2 accessory-dwelling size limit of 800 square feet.
Staff said the parcel already contained hookups and had previously housed a 14-by-60 mobile home; the owner received an administrative temporary relief to place the newer unit for storage pending the variance decision. Staff recommended approval, concluding the request would not grant an inconsistent special privilege because other properties in the area have multiple structures on smaller lots, and that the accessory unit’s location in the northeastern corner of the large parcel avoids impacts to the principal dwelling or neighboring properties.
The applicant, David Eason (listed at 5025/5045 Eason Lane in the record), told the commission the discrepancy delaying the application was an oversight and that he appreciated the commission’s consideration. No letters of opposition or support were received; staff mailed 16 notices and posted public notice in the Las Cruces Sun-News as required.
Staff summarized the relevant rule: the D2 zone allows accessory dwellings by right up to 800 square feet; during a recent UDC amendment other zones were increased to allow up to 1,800 square feet, but the D2 limit was overlooked and remains at 800 square feet. Staff said the county is planning a UDC update to correct that omission. Staff also noted a 1993 special-use permit had previously authorized an accessory unit in that area but that permit lapsed when the prior unit was removed.
Commissioner Lear moved to approve the variance based on staff findings and agency comments; Commissioner Fisher seconded the motion. The motion passed unanimously.
Staff reminded the commission and applicant that standard permitting requirements still apply — for example, the owner must obtain a driveway permit to access Eason Lane if a new secondary access is used, and flood-commission or building-permit conditions (setbacks, anchoring, utilities, and inspections) must be met before final placement and connections.