Santa Fe County hearing on variance request for 23-foot house in Tresarios de Poniente overlay

A Santa Fe County hearing officer heard testimony on a variance request from David Anchondo seeking to keep a 23-foot-high residence in the Tresarios de Poniente community overlay, a district whose overlay standard caps building height at 18 feet.

The request was considered at a Sustainable Land Development Code hearing where county staff said the building permit for the house was issued in error and Code Enforcement issued a stop-work order after a complaint. Staff asked the hearing officer to memorialize findings of fact and conclusions of law in a recommended order; the county planning commission may hold a public hearing on the matter on May 15, 2025.

The variance stems from an approved development permit to build a roughly 5,500-square-foot single-story residence at 818A New Mexico 599 Frontage Road. David Reese, a development review specialist senior for the Land Management Department, told the hearing that the base zoning district allows up to 24 feet but the Tresarios de Poniente overlay limits height to 18 feet and the permit was issued in error. Reese said staff had met with the applicant and that the applicant agreed to apply for the variance. Reese also said staff received one letter of opposition that was entered into the record as an exhibit.

Neighbors who helped craft the local TAP planning document urged denial. Tom Williger, who said he led the TAP planning group, described the overlay's 18-foot limit as part of a community vision to preserve rural character and scenic views and said allowing an exception would set a precedent for more variances. "If this one gets approved and the neighbor's approved, how can anybody say anything shouldn't be approved later?" Williger said. He and other neighbors argued the house intrudes on the skyline from the view along NM-599.

Other residents said the applicant continued activity after the stop-work order was issued. Toby Gass said the house appeared about "85% complete" because work continued while it was red-tagged and said any settlement with the county should not compensate for work done after the stop order. Emily Bridal and Anne Noble, neighbors who said they participated in the original planning process, emphasized that the TAP plan and its height standard are ordinances adopted to preserve the area's rural character.

Anchondo, the applicant, told the hearing he believed he had permission to "dry in" the roof and that replacing the roof structure to reduce the height would be highly costly. "I don't express my feelings based off what I see or will I mean, I know I I find facts," Anchondo said, adding he had purchased the plans before buying the lot and that he is not wealthy and built the house to provide for his family.

Staff and neighbors disagreed over whether the nearby existing houses are comparable; Reese noted a nearby residence was permitted in 2002, before the SLDC overlay became effective.

Hearing officer Marilyn Hebert said she will prepare a recommended order within 15 business days; any final action will occur later in the Planning Commission process.

The record includes staff reports, a two-page letter of opposition, neighborhood testimony, and photographs entered as exhibits. The Planning Commission likely will consider the case on May 15, 2025; a final administrative or commission decision was not made at the hearing.