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Planning commission conditionally approves unpermitted casita at Casablanca Lane with permit penalties
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Summary
The Doña Ana County Planning and Zoning Commission granted conditional approval for a special-use permit for a 450-square-foot accessory dwelling at 1895 Casablanca Lane after staff found the structure was converted without permits and used as a short‑term rental; the commission required a building permit, certificate of occupancy and a triple fee for the unpermitted work and recorded one recusal.
The Doña Ana County Planning and Zoning Commission voted to conditionally approve case SU25-023, allowing an existing 450‑square‑foot accessory dwelling at 1895 Casablanca Lane to remain provided the owner obtains required permits and pays a penalty for prior unpermitted work.
Staff presented the case and said the subject 2.98‑acre parcel is zoned D1L (Low Density Residential Limited). Staff reported that the detached structure was originally permitted as a “potting barn,” later converted to living space without a certificate of occupancy, and had been used as a short‑term rental; staff recommended conditional approval with two primary conditions: the applicant must obtain a building permit and a certificate of occupancy for the accessory dwelling, and a triple fee will be assessed because foundation/stub‑out work lacked an approved permit.
Marian Anderson, who spoke on behalf of the property owners, told the commission the structure predated the house and that blueprints showed electrical and plumbing roughed in for an anticipated caregiver. "The potting shed" became a livable structure because it was drawn and partially finished with the intention of housing a family member, she said.
Neighbors who spoke opposed the permit. Wall Skiger said the casita is the closest building to his home (roughly 75 feet away), described repeated open fires that led neighbors to call the fire department, and asked that Vice Chair Czerniak recuse because of past dealings with the Andersons. Patricia Teller and Jennifer Geiger raised concerns about private, unpaved road access, theft risks when nonresidents enter the area, and whether fire‑access issues had been resolved. Staff clarified that permits are routed to the fire marshal, engineering, flood commission and utilities for review before issuance.
Commissioner Fisher moved the conditional approval with the listed conditions; the motion passed on roll call. Commissioners Uranga, Lier, Garcia, Fisher and Chair Zarges voted yes; Vice Chair Czerniak recused/abstained. The commission's approval allows the owner to pursue the required building permits and inspections but permits occupancy only after staff confirms the certificate of occupancy and other departmental clearances are in place.
The matter is subject to standard permitting review and any additional conditions those reviews may require. The commission moved on to the next agenda item after recording the conditional approval.
