The Doña Ana County Planning and Zoning Commission voted Oct. 23 to conditionally approve a variance that allows a 0-foot side and rear setback and a 5-foot rock wall where the Unified Development Code requires a 5-foot side and 3-foot rear setback and a 4-foot fence height for a parcel in the village of Roadie.

Planning staff presented the case as B25-011 for property owned by Kathy Leach at 206 E. Jesus Silva Avenue. Christopher Valencia, speaking for Community Development staff, said the subject parcel is roughly 0.31 acres in a T4 village-transit zone and contains a roughly 1,000-square-foot residence. Valencia told commissioners staff found unpermitted accessory structures — a carport attached to a rock wall and other fencing — and a clear sight-triangle violation at the intersection of Jesus Silva Avenue and Jose Serna Street. "Staff recommends approval with conditions for case B25-011," Valencia said.

The variance request seeks a 0-foot side and rear setback where 5 feet and 3 feet are required, respectively; a 5-foot rock wall where a 4-foot height is permitted; and resolution of the clear sight-triangle issue at the corner near a stop sign. Valencia said the applicant purchased the property in 2020, that notification met county requirements (27 mailed notices and a newspaper notice Oct. 2), and that no letters of support or opposition were received.

Applicant Kathy Leach told the commission the enclosed carport was secured after repeated thefts at the property. "I did enclose it because of theft. I've had several incidences of broken windows, stolen things," Leach said. Staff and commissioners discussed whether portions of the wall could be reduced to the permitted 4-foot height to address the sight-triangle, and Valencia said staff would work with the applicant and code enforcement to address the clear sight-triangle while trying to preserve the property's historic character.

Community Development and building services recommended approval with two conditions: (1) obtain required building permits and provide a one-hour fire-resistance rating for the existing carport/shed where required by building services, and (2) continue to work with code enforcement and building services to resolve clear sight-triangle violations. Commissioner Lear moved to approve the staff recommendation; the motion was seconded and passed on a roll call vote (Commissioners Odonga, Lear, Garcia, Vice Chair Zurniak, and Chair Zargis voting yes).

The commission's action permits the structures to remain in their current locations subject to the listed conditions and to follow-up building-permit requirements. Valencia noted the parcel lies outside incorporated municipal zoning and that similar nonconforming structures exist nearby in the historic townsite. The commission record shows staff will monitor compliance and that building services must sign off on any required fire-rating work.

The commission moved on to the next case after the vote; staff and the applicant were directed to continue the permit and code-enforcement process.