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Planning Commission approves split of 2.5‑acre Portillo parcel after family testimony; commission drops no‑ADU condition
Summary
The commission approved a variance to subdivide a 2.5‑acre parcel gifted to family members into two 1.25‑acre lots (case 24‑5300). Commissioners accepted staff conditions but withdrew a proposed prohibition on accessory dwelling units after discussion and an amended motion.
The Santa Fe County Planning Commission on Feb. 20 approved a variance (case 24‑5300) allowing a 2.5‑acre family parcel to be split into two 1.25‑acre lots for James C. Portillo II and Miguel Portillo.
The applicants said their grandparents gifted the land to keep family close; the brothers described investment in access and road work and said they want to build separate family residences. James C. Portillo told the commission he works for the Santa Fe County Fire Department and that a split would let the brothers obtain loans and manage separate utility accounts.
Staff presented the application and noted the hearing officer and staff recommended denial on the grounds that the request did not meet variance criteria (no extraordinary circumstances) and could affect adjacent uses. Staff also outlined conditions if the commission found the variance criteria were satisfied. Several family members and neighbors spoke in favor during the public hearing; no letters of opposition were reported in the staff record.
Commission discussion focused on housing affordability, family continuity and the policy tradeoffs of allowing lot splits that mimic the old small‑lot family transfer practice. Several commissioners supported the applicants’ case as an affordable‑housing and family‑sustaining outcome. One commissioner expressed concern about permanently relinquishing the ability to use an accessory dwelling on these lots; after discussion the commission moved to approve the variance while striking staff condition 3 (which would have prohibited accessory dwelling units) and keeping staff conditions 1 and 2. The amended motion passed on roll call.
Outcome: The commission approved the variance and directed staff to apply the conditions entered into the record; the applicants will replat the parcel and record deeds for the two lots. The approval can be appealed to the Santa Fe County Board of County Commissioners.
