Council upholds denial of front-yard fence variance for 3421 Abby Court NW
November 05, 2025 | Albuquerque, Bernalillo County, New Mexico
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Land use hearing officer (LUHO) review concluded there were 15 properties within 330 feet on the same street; therefore the applicant would need three properties to meet the 20% threshold but the record showed only two properties with taller walls. The LUHO found that the appellant had resubmitted the same evidence originally in the ZHE record and that arguments about a daycare business at the home did not change the factual finding. The LUHO recommended denial and the council voted to accept that recommendation.
Councilor Grout moved to accept the LUHO recommendation; the motion passed on a recorded roll call (vote recorded as 7 yes, 2 no). The council did not hear testimony from the appellant at the accept/reject stage.
What happens next: the LUHO's denial is sustained by the council; any change would require new application or further legal action by the applicant.
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