Hearing officer to issue recommendation after Santa Fe County review of two-story ADU on 2.5-acre parcel

Hearing Officer Marilyn Hebert said she will issue a recommended order within 15 business days after hearing testimony on a request to allow two dwelling units on a 2.5-acre parcel in Santa Fe County (case 245270).

The request, presented by Building and Development Review Specialist Christina Ortiz, asked for a variance from Chapter 8, Table 8-9 (dimensional standards for residential estate) to permit a two-story accessory dwelling unit (ADU) that would result in two primary residences on the 2.5-acre lot. Ortiz told the hearing that the ADU measures about 19 feet 6 inches and is on an individual septic system that is not registered in county records and "does not have a leach field," which staff said conflicts with SLDC ADU standards. Ortiz said staff reviewed permits and found three permits associated with the property but were unable to locate one file (permit 94-987) that could clarify whether a prior remodel authorized the ADU.

Why it matters: If approved, the variance would allow two primary residences where the residential estate zoning allows one dwelling per 2.5 acres; staff recommended denial, saying the facts presented do not support the variance criteria.

Applicant representative Danny Martinez said documentary evidence shows the house and the guest house existed by the late 1980s or early 1990s. Martinez said he provided a 1991 survey and a 1988 septic permit and that the New Mexico Environment Department (NMED) reissued or acknowledged inspection of a separate septic system for the guest house in February 2016 after the current owner bought the property that month. Martinez said Mr. and Mrs. Sherwin have operated a small wellness retreat and have rented the guest house as a short-term rental since 2016 and that the owners intend to submit any building permits necessary to bring the structure into compliance.

Applicant Robert Sherwin, sworn for testimony, said he and his wife have lived full time in the main house since buying the property in February 2016 and that they use the guest house for short-term rental stays tied to the wellness retreat. Sherwin disputed neighbors' claims about noise and traffic and said he has not received complaints in eight years.

Several nearby residents opposed the variance. Bridal Graves, who said she lives across the street and is part of the Fisher Replat homeowners group, said neighbors were not notified when the Sherwins began renting the guest house and described frequent guest traffic, guests using the wrong driveways and noise from weekend guests, hot tub and fire-pit use. Terry Graves and Lee Balich also said the property functions as a business and raised concerns about noise, traffic and earlier code violations.

Staff told the hearing it had received one letter of opposition as of the staff memo date and that staff recommends denial. Ortiz also noted typographical errors in the staff report where a parcel size or district designation appeared incorrectly; she confirmed the parcel under review is a 2.5-acre lot in District 1 and that references to 5 acres or 6.54 acres in the report were errors.

The hearing record includes discussion of historical plats and permits: a J.M. Walsh lot split (dated 1990/1991) and the 1988 septic permit cited by the applicant. Ortiz said that because the county could not locate a building permit showing conversion of a studio to an ADU, the structure cannot be treated as a grandfathered ADU under the current SLDC and must be judged under current code (SLDC 2016-9). Martinez said the owners plan to submit construction permits to resolve any outstanding permitting issues.

Hearing Officer Hebert said she will prepare a recommended order within 15 business days. The hearing record remains open to that recommended decision; no final administrative decision was issued during the session.