Applicants ask to subdivide 3.271-acre parcel with five dwellings; staff recommends denial of density variance
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Summary
Staff told the hearing officer the 3.271-acre parcel contains five dwelling units, some built without permits, and that staff recommends denying a density variance to allow two lots; the applicants said they will correct assessor and septic records and cited hardship from an owner’s death.
In case 255260, staff told the hearing officer a parcel of about 3.271 acres currently contains five dwelling units, including several structures developed without permits. The applicants requested a density variance to split the parcel into two lots (about 1.63 acres each) and to allow the existing dwellings to remain; staff recommended denial under the applicable dimensional standards but listed conditions it would impose if approval were granted.
Staff noted comments from the New Mexico Environment Department that the site’s liquid waste systems were insufficient for the number of bedrooms shown; staff said district staff are working with the Environment Department to correct permits. Applicant John M. Timkovich said the assessor’s bedroom counts are incorrect, that septic permits will be amended and that the family seeks relief to pass parcels legally to heirs after the death of a previous owner.
The hearing officer confirmed that the principal issue is whether the variance for density is warranted rather than approval of a subdivision per se. No members of the public in person or online offered comment. The hearing officer took the matter under advisement and said a written recommendation with findings would be issued within 15 business days.