Los Alamos planning commission rejects two front-yard carport variances after debate over neighborhood character

The Los Alamos Planning & Zoning Commission on Nov. 5 rejected two requests to locate carports at or near the front property line in older neighborhoods after a lengthy public hearing and debate over the development code’s intent and local character.

The first request, VAR2025-0014, was filed by property owners Jacoby and Heather Baker for 2339 35th Street. Staff recommended conditional approval, noting site constraints and proposing two conditions: removal of the existing unpermitted carport and submittal of a building permit for a compliant replacement, and design of the carport roof “to slope and drain away from the adjacent property,” to prevent runoff. Community development staff told commissioners the lot’s parking improvements predate current zoning and that the property is on a 0.33-acre lot built in 1949. Heather Baker told the commission she and her family had recently returned to town, apologized for the unpermitted structure and said, “we will make sure to follow those from now on,” and emphasized she did not want to remove mature trees.

Commissioners split over whether the criteria in Chapter 16 of the county development code were met. Several commissioners, including Commissioner Hill, said the 20-foot front setback exists to preserve a consistent streetscape and worried that front-yard carports could create a hodgepodge of styles and diminish neighborhood character. Others noted existing, pre-code carports in the area and said permitting would address safety and drainage concerns. A motion to conditionally approve VAR2025-0014 was made and seconded; after a roll-call and an attorney’s clarification about abstention rules, Commissioner Nelson changed an initial abstention to a no vote and the motion failed on a final tally of 3 yes, 2 no.

The second request, VAR2025-0015, came from Barbara Martinez for 1968 40th Street. Senior planner Desiree Luhan described the lot as 0.26 acres with a 1949 home and said the applicant proposed a 22-by-17-foot open-sided carport on an existing concrete pad. IDRC (interdepartmental review) conditions included anchors at least 3 feet from a gas line and a requirement that the carport remain open on all sides for gas-safety and sight-line reasons. Luhan said staff had confirmed mailed notice within 300 feet and received one supportive voicemail; staff recommended approval with conditions. Martinez said the carport was needed to fit a full-size pickup and agreed to the open-sided conditions.

Commissioners again debated whether the variance met the code’s five criteria, with concerns similar to the earlier case about aesthetics and potential adverse impacts on neighboring property values. A motion to approve VAR2025-0015 was moved and seconded but failed on a roll-call vote with three yes votes and two no votes.

A third, similar variance (VAR2025-0016) was requested for continuation; staff asked to continue that hearing to the Nov. 12 meeting (within the 21-day allowance to avoid re-noticing), and the commission agreed.

Votes at a glance

• VAR2025-0014 (2339 35th St.) — Motion to conditionally approve based on staff findings and subject to permit and drainage conditions; final tally after correction: 3 yes, 2 no — outcome: motion failed (no finding). Motion text recorded in the hearing record; applicant: Jacoby and Heather Baker.

• VAR2025-0015 (1968 40th St.) — Motion to approve with IDRC conditions (open-sided design, anchors 3 ft from gas line, foundation requirements); final tally: 3 yes, 2 no — outcome: motion failed.

What the staff said

Desiree Luhan, senior planner, told the commission that IDRC reviewed safety, utility conflicts and foundation requirements and that conditions at permit would address most technical concerns. “Anchoring must remain 3 feet from any located gas line,” Luhan said, and IDRC recommended conditions to preserve sight lines and safety.

What the applicants said

Heather Baker said the household has multiple drivers and limited parking options and that the family would submit a compliant building permit if the variance were approved. Barbara Martinez said she needs to fit a full-size pickup on the pad and supported the open-sided conditions to protect neighbors and utilities.

Next steps

Applicants may appeal final actions under Chapter 16 of the Los Alamos County Development Code within 15 calendar days of a final written decision. Staff requested a continuance for case VAR2025-0016 to the Nov. 12 meeting; the commission agreed, which avoids additional re-noticing under the code.