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Santa Fe County planning commission approves variance allowing separate access for Harada Court ADU

2736579 · March 21, 2025
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Summary

The Santa Fe County Planning Commission on March 20, 2025 voted to approve a variance (case 24-5250) allowing a separate driveway and parking in front of an accessory dwelling unit at 4 Harada Court, subject to four staff conditions.

The Santa Fe County Planning Commission on March 20, 2025 voted to approve a variance (case 24-5250) allowing a separate driveway and on-site parking in front of an accessory dwelling unit (ADU) at 4 Harada Court in Eldorado, subject to four conditions proposed by county staff.

The variance request was presented to the commission by Marie Martinez, building and development review specialist with the Growth Management Division, who summarized the property history and staff analysis. The 1.4-acre lot (parcel number 128311605) had prior permits for a single-family residence and a detached accessory structure; part of that structure was converted to an ADU via a 2024 permit. Staff advised the commission that the Sustainable Land Development Code requires ADUs to share driveways with the primary residence unless terrain constraints apply, and staff recommended denial because site inspections found no terrain constraints. A Sustainable Land Development hearing officer, however, had recommended approval with conditions and memorialized findings in a recommended order dated Feb. 13, 2025.

Applicants James (Jim) and Jeanette Wood testified that they initially closed the secondary access at the county’s advice during permitting, then later sought a variance after converting half of the RV/storage structure to an ADU. Jim Wood said the secondary driveway remained necessary to serve the portion of the structure used for RV storage. He told commissioners the family uses the ADU for an adult son now and expects future occupants could be elderly or have limited mobility, making convenient parking in front of the unit important. “We have already installed that 18‑inch culvert as per the requirements; it’s in place,” Jim Wood said, addressing one of the staff conditions.

Commissioners questioned the applicants and staff on several points: whether the original permit required abandoning the secondary driveway; what the code allows for circular or connected driveways; minimum standards for an all‑weather access; utility and septic arrangements; and neighborhood response. Staff told the commission the accessory structure and its separate driveway were permitted in September 2021 but that the permit showed a required physical connection to the primary driveway that was never developed. Staff also said a connected drive or circular driveway that provides shared access can meet code requirements, while a distinct second driveway is prohibited absent terrain constraints. Staff said an all‑weather access would have to be a minimum 14 feet wide to allow emergency response vehicles.

Applicants provided documentary evidence referenced in the staff memo and hearing record (permit numbers and deed instruments were entered into the record). The applicants also said they obtained approval from the Eldorado homeowners’ entity and submitted at least one neighbor letter of support. Commissioners pressed applicants about septic and water arrangements; the Woods said the property’s septic systems were tied into a single permitted system and Eldorado had approved the ADU for water use within community limits.

After public testimony closed with no online speakers, a commissioner moved to approve case 24-5250 with the four staff conditions; a second was received. The commission approved the variance by voice vote; the chair announced, “The variance is granted.” The record reflects the four conditions recommended by staff were entered into the hearing record prior to the vote.

Why it matters: the decision interprets how the Sustainable Land Development Code’s shared‑driveway requirement applies when an accessory structure predates an ADU conversion and when a physical connection between driveways was shown on a prior permit but not constructed. Commissioners also discussed possible code amendments to clarify when separate access is permitted and what improvements are required for a connected driveway.

The commission noted procedural history on related items earlier in the meeting (a separately noticed final order from a special AES hearing and consent items were approved) and reminded members of the next regular meeting on April 17.