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County staff recommends approval of split‑zoned parcel variance to create a three‑acre tract for family transfer

2104293 · January 10, 2025
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Summary

Santa Fe County staff recommended approval of a variance to allow a 2‑lot subdivision of a 49.11‑acre parcel so a roughly 3‑acre tract can be created for a family member while the remainder remains preserved.

Santa Fe County staff recommended approval of a variance request that would allow a 2‑lot residential subdivision of a 49.11‑acre parcel at 7679B Old Santa Fe Trail so a roughly 3‑acre tract could be created for family transfer and the remainder preserved for wildlife.

Maggie Valdez described the parcel as split between Rural Fringe (1 dwelling per 20 acres) and Residential Estate (1 dwelling per 2.5 acres) zoning. Valdez said the parcel owner, Maria De La Gracia Martinez, was present to give authorized consent for her sister Loretta Martinez Cargo to pursue the application; Maria Martinez testified she intends to deed the identified tract to her sister. Staff explained that because zoning splits the property, administrative subdivision rules would not apply and a variance is required; staff concluded the applicant satisfied the variance review criteria and recommended approval with conditions, including after‑the‑fact permits for any unpermitted dwellings on the site.

The hearing officer asked clarifying questions about the tract boundaries and which portion of the parcel falls within the higher‑density zoning; staff confirmed the proposed three‑acre tract lies within the area that qualifies for higher density. No members of the public spoke in favor or opposition. The hearing officer said she will issue a written recommended order within 15 business days.