Commission grants setback variance for homeowner’s 24×30 shed with conditions

The Doña Ana County Planning and Zoning Commission on March 13 approved a variance allowing an accessory building to remain 3 feet 3 inches from a side property line where the D2L zoning requires a five-foot setback.

Staff described the half-acre property at 5065 Comanche Trail and the 24-by-30-foot shed constructed without verified permits; staff’s packet noted an anonymous complaint alleging roof runoff could damage the adjoining rock wall and the neighbor’s foundation. Building services recommended a one-hour fire rating for the structure if the variance were approved, and staff recommended denial based on drainage and self-imposed hardship concerns but provided a set of permit and mitigation conditions should the commission choose approval.

The applicant testified that ponding on the west side of the site captures runoff and that he would install a gutter system and work with building services to prevent runoff onto the neighbor’s property. The applicant agreed to pursue required permits and inspections and accepted a condition holding him responsible for any damage to the neighboring rock wall.

Commissioners approved the variance with conditions that incorporate staff recommendations: obtain building permits (with triple fee payment for unpermitted work), provide a drainage solution (gutter/other system) to contain runoff on site, comply with building-services requirements (including one-hour fire rating if required), and assume responsibility for maintenance and any damage to the neighbor’s wall. The motion passed with a majority vote after a second and roll-call.