Planning board postpones variance request for shed at 1576 Arlene Road to allow more neighbor documentation

The Rio Rancho Planning and Zoning Board on an evening vote postponed consideration of a variance request for a backyard shed at 1576 Arlene Road to Jan. 13, 2026, to allow the applicant additional time to provide written neighbor support.

Ben Isaacs, municipal planner with the City of Rio Rancho, told the board staff recommended denial. Isaacs said the shed is 140 square feet—exceeding the 120-square-foot maximum for secondary structures—and encroaches about 3 feet into the left-side setback under the city’s minimum side setback standards (Municipal Code §154.50). Staff said the lot does not exhibit an exceptional physical condition that would prevent the structure from being moved and that, based on aerial imagery and the submitted site plan, rotating the shed 90 degrees and moving it 3 feet would bring the structure into compliance.

The applicant, Rob Spello, who identified himself as the property owner at 1576 Arlene Road, said he replaced an older, dilapidated shed and did not realize he was out of compliance. “I had no idea what the code was,” Spello said. He said rotating or relocating the shed now would require excavation and retaining work and impose a “great financial burden” for his modest household. Spello told the board he had spoken with surrounding neighbors and that those he approached did not object; he offered to secure written letters of support and submit them to staff.

A nearby resident, Kenneth Todd, said he has lived in the Heights area more than 40 years and told the board the shed did not interfere with his property and that, in his view, the committee could consider leaving it in place. Todd also said the applicant had previously filed complaints about neighbors that led to code-enforcement and fire-department visits.

Board members questioned staff about how the rotation-and-move remedy had been determined; staff said the assessment relied on aerial imagery and site plans and that staff did not visit the private property. Staff also said some supporting documentation from neighbors arrived after the agenda packet cutoff and therefore was not included in the board packet, but could be provided to members.

To allow time for the applicant to gather written neighbor support, a board member moved to postpone the item to a date certain of Jan. 13, 2026; the motion was seconded and passed in a roll-call vote. The board did not adopt a final determination on the variance at the meeting.

The board will consider the item again on Jan. 13, 2026, after the applicant submits any additional documentation.