Planning commission approves variance allowing second dwelling on 2.5‑acre Santa Fe County lot over staff objection

The Santa Fe County Planning Commission on April 17 approved a variance that allows a second two‑story residence on a 2.5‑acre parcel at 28 Estrella Estano, granting the property owners relief from the Sustainable Land Development Code density limit of one dwelling per 2.5 acres. The vote followed extended staff presentation, public testimony both for and against the request, and legal discussion about nonconforming uses and “grandfathering.”

The decision matters because it changes how the county enforces single‑dwelling density on the affected lot and sets conditions on a property that has operated short‑term rentals and a home‑occupation wellness business. Staff, the county hearing officer and several neighbors had urged denial, citing code, septic and road and water‑use concerns.

John Lovato, Building Development Services supervisor, presented staff analysis and told the commission that the structure in question had characteristics that prevented it from qualifying as an accessory dwelling unit under the SLDC: the unit is two stories, measuring about 19 feet 6 inches in height, and it had a separate septic system whose registration status was initially unclear. "Staff recommends denial of the request for a variance to allow the…