Planning commission conditionally approves setback variances for Highway 28 property

The Doña Ana County Planning and Zoning Commission on April 10, 2025, voted to conditionally approve variance case B25-003, allowing structures that encroach into required side and rear setbacks at 3120 South Highway 28, owner Juan Campbell.

The variance permits a 17-by-28-foot pergola, an 18.3-by-20-foot carport and an 11-by-36.7-foot porch to be sited as close as 0 to 2.2 feet from the property line where 5 feet is required; the motion passed on a 5-0 roll call. Staff recommended approval with conditions that a portion of the pergola less than 5 feet from the property line and the attached carport and porch must have a one-hour fire rating and that the additions comply with building services requirements.

Staff said the 0.17-acre parcel in the T4 general neighborhood zone contains a circa-1930 residence and that lot coverage would remain under the T4 maximum (Table 5.6). The planning report noted Highway 28’s historic development pattern, where building facades sit close to the roadway, and said the lot’s small size limits buildable area. Staff also reported that public notice produced no written opposition.

Charlene Santistevan, a planning staff member presenting the case, summarized agency comments from Building Services that the pergola and attached additions must meet a one-hour firewall rating because they would encroach within five feet of the property line and that the carport as attached to the dwelling would require the entire addition to have the same rating.

Applicant Juan Campbell told the commission that the carport’s structural pillars would sit inside the 2.2-foot setback while the overhang would not, and that existing site features—such as a fence—do not reflect the surveyed property line. Campbell said his intent was to avoid intruding on neighboring property.

Commission discussion included a question about the carport width and whether a slightly narrower carport could avoid a zero-foot setback; staff and the applicant said the pillars would be inside the smaller setback and that the overhang would not extend to zero feet. After the presentation and questions, a commissioner moved to approve the case with the staff-recommended conditions; the motion carried on a roll call of Commissioners Odonga, Lear, Jimenez, Fisher and Chair Thargis voting yes.

Next steps are for the applicant to obtain required building permits and to meet Building Services’ fire-rating and plan-review requirements before construction.