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Commission denies homeowner's variance requests after neighbors and staff cite code and safety concerns
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Summary
The Planning & Zoning Commission unanimously denied three variances for 811 Tyler Road — side setback, rear setback and increased wall height — after staff reported the applicant failed to justify variance hardship, neighbors raised structural and aesthetic concerns, and the contractor acknowledged no permits were pulled.
The Los Ranchos de Albuquerque Planning & Zoning Commission voted March 10 to deny a package of three variances requested for 811 Tyler Road after staff recommended denial and neighbors raised safety and permit concerns.
Director Schultz said the item was a code-enforcement referral and staff found the applicant had not met the hardship criteria required for variances under the village zoning code. "Staff finds via the analysis and the staff reports that the applicant has not adequately justified the variance criteria against any of their requests and does recommend denial of all three variances," she said, noting staff suggested seven findings and one condition (a compliance deadline if denied).
Owner Sharon Cordova testified she bought the property in March 2024, remodeled it and added an outdoor living pad, a shade structure and a storage building. Cordova described offers to neighbors (stucco-matching, removal of plantings) and said the improvements increased property value. "I am looking forward to moving into my home in peace and harmony with all my neighbors and respectfully request approval of the variances," she said.
Neighbors testified to a different timeline and concerns: several speakers said the 8-foot block wall was already built when Cordova moved in or was raised without proper permits, cited visible construction defects and questioned the wall's structural stability. Marcia Pinkett said the wall makes her backyard feel "like a prison" and raised safety worries; Barbara Koenig said the work looked like it was done without structural reinforcement and called it an "eyesore." Contractor Carlos Garcia acknowledged he did not pull permits, apologized and said he would pursue permitting and inspections if allowed to do so.
The variances sought were: a 9.5-foot variance to the 15-foot side setback, a 7-foot variance to the 25-foot rear setback, and a 2-foot variance to allow an 8-foot wall where the maximum is 6 feet. Commissioners repeatedly emphasized the need to follow established rules and consider precedent; several noted concerns about the wall's construction and water/runoff implications from the pergola roof line. One commissioner referenced the need for county structural permits for fences or walls at or above certain heights.
Commissioner Taglia Petra moved to deny the variances (with the planning department's condition and findings 1–7); Commissioner Chivington seconded. The motion passed unanimously on roll call. Staff noted the municipal-court enforcement action remains pending and the property owner must seek any necessary county permitting and inspections.
Clarifying details from the hearing: testimony listed the storage shed both as 300 square feet (owner/agent testimony) and 320 square feet (plan); Bernalillo County requires building permits for sheds over 120 square feet and requires structural permits for fences or walls at the height thresholds described by staff. The wall was built atop an existing 4-foot wall and approximately four additional feet were added, resulting in an 8-foot condition observed by neighbors.
What happens next: the denial requires the owner to bring the property into compliance per the department's proposed timeline (staff suggested July 1 as the compliance date that could be amended by the commission); enforcement action in municipal or district court remains an option if the property does not come into compliance.
