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Neighbors split over large accessory structure; staff recommends denial of setback variance
Summary
Santa Fe County staff recommended denying a variance requested to allow a 30‑by‑70 accessory structure to encroach into the 50‑foot rear setback on a residential estate parcel in La Cienega.
Santa Fe County staff recommended denying a variance request to allow a 30‑by‑70‑foot accessory structure to encroach approximately 31 feet into the required 50‑foot rear setback on a residential estate parcel in La Cienega.
Maggie Valdez, county development review specialist, said the structure was constructed without permits and that building and development services staff identified other buildable areas on the property where the structure could have been located. Staff’s written recommendation called for denial because the application did not meet SLDC variance criteria, though Valdez also testified staff would require an after‑the‑fact development permit, closure of existing driveways and compliance with SLDC Chapter 7 standards if the hearing officer finds the variance criteria met.
The agent for the applicant, Annette Vigil of Vigil Design, said she was retained after the structure was built to prepare drawings and to assist with the permit submittal; she told the hearing officer she could not add substantive new facts beyond the staff presentation. Patrick Brockwell, a neighbor at 53 Cerro del Alamo, testified the three‑bay structure appears commercial in scale and could accommodate about 20 cars, and said that the structure’s appearance, height and rollup doors are not consistent with the residential character of the neighborhood. Brockwell said he had contacted code enforcement when construction began and that the building had been red‑tagged.
Another neighbor, Michael Whitt of 45 Sunset Road, said the structure will help keep vehicles out of driveways and that the driveway connection changes contemplated with the fire department would be acceptable; Whitt said he supported allowing the structure to remain. The applicant said the driveway access has been adjusted to meet fire department preferences and that the new access alleviates the previous narrower access point.
The hearing officer said she would prepare a recommended order within 15 business days. No final county decision was made at the hearing.
