Doña Ana County Planning and Zoning Commission members voted Oct. 23 to conditionally approve a variance allowing a 0-foot side-yard setback for an existing shed and attached carport on a 1.83-acre parcel in a D1L low-density residential zone.

Community Development staff presented case B25-012 for property associated with Frank Martinez at 4749 Bauer Lane. Christopher Valencia said county records and online imagery indicate the shed was constructed in 2003 and the carport was later attached; the applicant purchased the property in 2022. Staff reported the structures encroach on the required 5-foot side-yard setback and that the shed and carport are permanently anchored in place.

Valencia told the commission that 17 mailed notices and a newspaper notice met public-notice requirements and that no letters of support or opposition had been received. Building services commented that if approved, the shed would need a one-hour fire-resistance rating to allow the reduced setback. Valencia recommended conditional approval to allow the structures to remain with the condition that the owner secure required permits and provide the one-hour firewall treatment.

Owner Frank Martinez told the commission the carport and shed are well built and anchored and described their construction materials as a wooden internal structure with corrugated metal panels on the exterior. "It's well built," Martinez said, and he told commissioners he plans to add foam-based fire-retardant treatment to the interior if required.

Commissioner Lear moved to approve the staff recommendation; Commissioner Zurniak seconded. The motion passed on a roll-call vote with Commissioners Lear, Odonga, Garcia, Vice Chair Zurniak and Chair Zargis voting yes. The approval was conditioned on obtaining building permits and providing a one-hour fire-resistance rating to the existing structure, and on continued cooperation with code enforcement to bring the property into compliance.

Valencia and building services noted that retrofitting a one-hour-rated assembly inside a structure that sits on the property line will likely require clearing stored items and coordinating a work plan; staff indicated prior variances have used interior assemblies and alternative construction methods in similar circumstances. The commission closed the item after the vote and directed staff to continue permit follow-up.