Sandoval County panel approves front‑setback variance for Rio Rancho Estates auto salvage property

The Sandoval County Planning and Zoning Commission on Feb. 10 approved a variance allowing existing buildings on a 6-acre property in Rio Rancho Estates to remain within the 25-foot front setback required by county zoning.

Planning staff presented V-26-001, a request by property owners Jeff Garcia and Sean Darley for reduced front setbacks at 901 34th Street SW, a site zoned Rural Commercial with an existing conditional-use permit for an auto salvage yard. Staff said the measured setbacks for the existing structures are 20 feet along 8th Avenue SW and 16.5 feet along 34th Street SW, short of the 25-foot requirement. "Staff are recommending approval of this request," staff told the commission, explaining that the county's variance criteria in the Sandoval County Comprehensive Zoning Ordinance allow relief where strict application of the ordinance would create practical difficulty and where noncompliance appears not to be self‑imposed.

Staff described the shortfalls as most likely stemming from misunderstanding or miscalculation during earlier permitting rather than a deliberate violation and said relocating or demolishing the structures to meet the 25‑foot requirement would create an extreme hardship. Staff proposed two conditions if the variance were approved: any future construction or placement of structures must comply with required setbacks under applicable zoning and building rules, and the existing structures may not be altered to encroach further into the required setback (if they are altered to encroach further, the variance would be invalidated).

Commissioners asked how the encroachment was discovered and whether the county has checkpoints to catch similar issues. Planning staff said the discrepancy was found during review of a proposed site plan for an additional building and confirmed with a physical inspection. Staff described standard safeguards that are applied during development review, including requiring site plans that show measured distances, requesting certified surveys when appropriate, and using the address/utility-request process (PNM) as a practical catch for new construction. Staff also said the department recently hired a second zoning inspector to improve follow-up inspections.

Commissioners raised broader concerns about precedent and proactive enforcement—whether other properties in Rio Rancho Estates might have similar problems—and urged clearer notice and signage for projects so neighbors can learn about pending actions. Staff said the department would follow up, and that applicants had consented in this instance.

Motion and outcome: Commissioner Harrelson moved to approve V-26-001; Commissioner Shelton seconded. The motion passed by voice vote with no nays or abstentions. The commission approved the variance "as noted in the staff report" with the two conditions listed above.

Votes at a glance: - V-26-001 (variance for 901 34th Street SW): Approved; mover Commissioner Harrelson; second Commissioner Shelton; vote: unanimous voice vote (6 in favor, 0 opposed, 0 abstentions). Conditions: future construction must comply with setbacks; structures may not be altered to further encroach. - Meeting time change for Mar. 10, 2026 (see separate article): approved; mover (recorded in meeting minutes); second Commissioner Conrad; unanimous voice vote.

Next steps: The staff report attached to the motion lists the two conditions; the decision may be appealed to the Sandoval County Commission by the applicant if the variance were denied (staff referenced appeal rights in the presentation).