Planning commission approves large accessory dwelling on Ice Canyon Lane despite neighbor opposition

The Dona Ana Planning and Zoning Commission on an unspecified July meeting approved Special Use Permit SU25-016 to allow an accessory dwelling on a 2.58-acre lot at 7401 Ice Canyon Lane in the Oregon Mesa Ranch subdivision. Staff presented the application and recommended approval, saying the proposed dwelling’s heated area (1,752 square feet) is below the 1,800-square-foot threshold used in county review and that utilities would be served by Moon Gate Water with wastewater handled by a septic system. Christopher Valencia, county planner, said staff’s analysis finds the request complies with the Unified Development Code’s decisional criteria and that the parcel is outside any municipal jurisdiction. Neighbors testified in opposition, raising three central concerns: the accessory dwelling’s total footprint (2,956 square feet including covered areas) would effectively create a second full-size residence; drainage and arroyo connections near the property could be affected; and restrictive covenants in the Oregon Mesa Ranch subdivision may prohibit a second dwelling on one lot. Neighbor Linda Goal said she worried the building could become a rental “once his parents are no longer around.” Richard Dziak said he has lived in the subdivision for 20 years and disputed staff statements about a retention pond and about property maintenance. Applicant representative Eric Winter and owner Kenneth McKinney told the commission the accessory dwelling is intended to house the owner’s elderly parents and that a grading and drainage plan or stormwater pollution prevention plan would be prepared if required at the building-permit stage. Winter said Moon Gate Water reviewed the plan with no objections and that the site would be reviewed by the subdivision’s architectural committee. Commission discussion focused on lot topography, the applicability of the 1,800-square-foot threshold, and flood concerns. The Dona Ana Flood Commission reviewed the case and, according to staff, expressed no formal objection to the SUP but noted that a building permit ‘‘may require a grading and drainage plan.’’ Community development staff clarified that the county’s ordinance specifies a 1,800-square-foot limit for accessory dwellings and that lot-coverage limits are not applicable in the D1L zoning district. Motion and vote: Commissioner Lair moved to approve SU25-016; Commissioner Fisher seconded. The motion passed 5–2. Commissioners who voted yes were Lair, Odonga, Fisher, Garcia and Vice Chair Czerniak. Chair Zarges and Commissioner Acosta voted no; both cited the dwelling’s size and, in Acosta’s case, concerns about recent heavy rainfall and possible impacts to surrounding properties as reasons to deny or require further engineering review. Staff and applicant next steps: staff indicated standard permit-level reviews remain, including building-permit checks and any required grading and drainage plans. The commission’s approval allows the applicant to proceed to building permit application and any required engineering reviews.