Brothers seek variance to split 2.5‑acre family gift into two 1.25‑acre lots; staff recommends denial

Brothers James and Miguel Portillo requested a variance to create two 1.25‑acre lots from a 2.5‑acre parcel they said was gifted by their grandparents. Santa Fe County staff recommended denial, saying the application does not meet SLDC variance criteria.

Staff described the property as located on Calle de Portillo (the parcel identified in exhibit C) and said notice was completed by publication, on‑site posting and mailed notices to neighbors within 500 feet. Staff noted the road Calle Portillos has been built to county standards with required turnarounds and that a prior family transfer subdivision had been used previously by the family; staff explained the small‑lot family transfer option that allowed sub‑zoning splits is no longer available, so the Portillos must pursue a variance. Staff concluded no extraordinary or exceptional conditions exist that would justify a variance and recommended denial.

James and Miguel Portillo told the hearing officer the lot was gifted by their grandparents so each brother could obtain financing and establish a residence; they said they had invested in easement access that met county standards and that they plan to share a well between the two lots. Family members in the room, including the applicants’ father, testified in support of the brothers’ request and said the split was intended to keep family close and enable young local residents to remain in Santa Fe.

The hearing officer said a written recommended order will be prepared within 15 business days. No final county action was taken at the hearing.