Board pauses rehearing on 329 Otero Street window replacement amid legal question

The Historic Districts Review Board on March 25 voted to continue consideration of an application for replacement of windows at 329 Otero Street while staff and the City Attorney’s Office review whether the board may lawfully rehear a matter for which it previously adopted findings and conclusions.

Staff planner Paul Duran told the board the current submission largely repeats an application the board reviewed on Sept. 10, 2024, when members denied an exception to replace repairable historic windows on primary facades. The applicant’s new drawings now describe wood-clad windows in places where earlier materials were described as vinyl, and staff flagged contradictory materials language in the submittal.

"Staff finds that the exception criteria have not been met and recommends denial of an exception to replace historic windows on the primary facades of the contributing structure," Duran said, recounting the earlier board motion and the historic architect’s assessment that several windows were repairable.

City Attorney's Office counsel told the board that New Mexico law and municipal code do not clearly prohibit resubmitting certain land-use applications but warned that resubmitting identical requests could undercut appellate deadlines and raise res judicata questions. "I do find that the doctrine of res judicata, as ... with respect to land use hearings ... is respected in the state of New Mexico," counsel said, adding that the question of rehearing before a land-use board remains unsettled.

After discussion the board voted to continue the matter without a date so staff and the City Attorney's Office can confer and advise whether the case should be rescheduled for hearing or deemed closed. The motion passed on a roll-call vote.