Applicant seeks variance to divide 8.95-acre Tresorore parcel into seven 1.25-acre family lots; county staff recommends denial

Lisa Martinez, agent for property owner Javier Juarez, asked the hearing officer to recommend three variances to allow division of an 8.954-acre parcel at 3 North Horizon Lane into seven roughly 1.25-acre lots for a family-transfer subdivision.

Marie Martinez, Building and Development Review Specialist, told the hearing officer that the parcel lies in the Teresa Arroyo Del Poniente Community District (TAPCD) overlay and that TAP RES zoning allows one dwelling per 2.5 acres; the applicant requested relief from SLDC Table 8-10 (density), TAPCD §9.11.02.01 (250-foot setback from NM-599), and §9.11.02.02.03 (open space perimeter rules). Staff's recommendation was for denial of all three variances.

Lisa Martinez told the hearing officer the parcel was created when New Mexico 599 was constructed and that small-lot family transfers (1.25-acre lots) existed historically in the area prior to a 2009 ordinance change. She said the applicant had obtained a ready/willing/able water/wastewater letter in July 2022 that had since expired, and that a reapplication for service was filed Feb. 14, 2025; Santa Fe County Utilities had indicated readiness to provide service from a 12-inch water and a 12-inch wastewater line roughly 620 feet from the site. Martinez said the proposal included road, sewer and water construction to code and argued the variances would provide housing for family members.

Hearing Officer Abare and Marie Martinez discussed historical small-lot family transfers and whether that pathway remains available: staff said small-lot family transfers as previously written are no longer permissible, and that a variance would be required to go below the current 2.5-acre minimum density. Martinez clarified that many smaller lots were created prior to a 2009 ordinance and that family-transfer provisions used to allow 1.25-acre lots. The applicant said an executed purchase contract exists that is contingent on approval of the variances.

Several family members and supporters — including Gerald and Nora Solano and others who said they would use the lots to keep extended family local and provide caregiving and aging-in-place benefits — spoke in support during public comment. Nearby residents voiced concerns about traffic, road maintenance and the loss of rural character; one resident said she and neighbors had signed a petition opposing elimination of the 250-foot setback. Staff recorded a recommendation of denial and asked the hearing officer to memorialize findings of fact and conclusions of law in a recommended order.

Hearing Officer Abare closed the hearing and said he would prepare a recommended decision in 15 business days.