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Hearing officer to issue recommended order after discussion of unpermitted duplex and density variance at 23 Saddle Road
Summary
At a Santa Fe County hearing, staff recommended denying a density variance to allow three dwellings on a 5.033-acre RESF parcel at 23 Saddle Road; applicant says structures were purchased as-is and seeks after‑the‑fact permits and short‑term rental permission. The hearing officer will issue a recommended order within 15 business days.
Hearing Officer Abare heard testimony and staff recommendations on an application to allow three primary residences on a 5.033-acre parcel at 23 Saddle Road in the Residential Fringe (RESF) zone.
The applicant, Christine Stryker, requested a variance from Chapter 8 Table 8‑9 of the Sustainable Land Development Code (SLDC) to allow three dwellings on the parcel; Stryker told the hearing officer she purchased the property with the structures already in place and wants permits so she may rent the two guest houses. Maggie Valdez, a development review specialist senior with Santa Fe County, said one of the structures is a two‑story duplex that creates three dwelling units in total and that staff found the structures were constructed without required permits.
Staff recommended denying the variance because the application did not meet the SLDC variance criteria and because building and development services staff identified other buildable areas on the parcel that would avoid encroaching setbacks. Valdez said staff would, if the hearing officer were to approve, require after‑the‑fact permits for the primary residence, the sheds and the accessory dwelling, a Santa Fe County business license, and a short‑term rental permit for the property.
Abare asked staff whether the applicant might qualify for after‑the‑fact permitting for one of the duplex units as an accessory dwelling; Valdez said the duplex structure’s two‑story form and density made it ineligible for accessory dwelling treatment under the code, so the matter is properly before the hearing officer as a variance of density. Valdez also confirmed the property uses two separate septic systems.
Stryker said she has used the top unit as a rental and planned to seek permission for the lower unit; she reiterated she bought the property with the structures already present. No members of the public indicated they wished to speak for or against the application during the hearing.
The hearing officer said a written recommended order will be prepared and entered into the record within 15 business days. That recommended order will be forwarded to the Santa Fe County Planning Commission, which may hold a public hearing on the matter on Feb. 20, 2025, according to staff’s submission.
