Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Lot Split Dispute topic
No spam. Unsubscribe anytime.
Board approves contested Unit 16 lot split after owner cites 1966 deed and septic letter
Summary
Clean Slate Properties won approval for a subdivision variance and preliminary final plat to split Unit 16 Lot 78 despite staff recommending denial; the hearing featured deed-history arguments, NMED septic guidance and neighborhood opposition.
The Planning and Zoning Board approved a subdivision variance and a preliminary final plat for Unit 16, Block 14, Lot 78 on Feb. 10, allowing Clean Slate Properties to formalize two quarter-acre lots after a sometimes heated exchange about historical deeds, sewer access and the status of an old fire station.
Planner Tamara Martinez told the board staff recommended denial, arguing the lot lacks sidewalks, street lighting and access to city sewer and does not meet variance criteria for required improvements. The packet includes a recommendation that the variance be denied because creating an additional buildable lot without sanitary sewer is not aligned with the comprehensive plan.
Applicant Jared Leiker, representing Clean Slate, presented a deed from 1966 and said the westerly half of Lot 78 was deeded away in the 1960s and that his company has paid taxes on the easterly quarter; he said he had sought a building permit in 2020 and was denied because the city’s GIS did not reflect the split. He also said he secured a letter from the New Mexico Environment Department indicating the lot could use advanced septic treatment and that the applicant intended to pursue that option. As Leiker put it: “We donated the westerly half of Lot 78 via deed in 1966.”
Nearby residents opposed the split. John Betts said downsizing to a quarter-acre was out of character for the neighborhood and could affect property values; Ed Pena said neighbors prefer the lot remain intact and asked whether the lot had been sold. Commissioners pressed staff and the applicant about the deed language and whether the deed included a reversion clause for the donation tied to fire-station use. The applicant argued the deed described the easterly and westerly halves and that the lack of a GIS split should not prevent correcting the city’s records.
After extended discussion—during which one commissioner suggested postponement so legal staff could review ownership—the board voted to approve both the variance and the preliminary final plat. Staff emphasized that the lot will still need to meet building and septic requirements at the permit stage; the approval formalizes lot lines and associated easements so the applicant can pursue permits and NMED review.
What was said - Tamara Martinez (staff): staff recommended denial, citing Rio Rancho Municipal Code Chapter 155 and lack of infrastructure. - Jared Leiker (applicant): “We donated the westerly half of Lot 78 via deed in 1966,” and the applicant has a NMED serviceability letter allowing advanced septic treatment. - John Betts (neighbor): opposed on neighborhood character and property-value grounds.
Next steps: The applicant may proceed with building-permit applications and septic-system review with NMED; any property-ownership questions left unresolved may require separate legal or administrative action.
