Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Use Variance topic
No spam. Unsubscribe anytime.
Board denies post‑construction gate‑height variance; orders compliance by April 14
Summary
The Board of Trustees denied an appeal seeking a 1‑foot variance to an 8‑foot gate‑pillar height limit for a gate erected without a permit at 7100 Rio Grande; trustees set an April 14 compliance deadline and accepted neighbor letters in the record.
The Board of Trustees affirmed the Planning & Zoning Commission's denial of a variance request for gate pillars at 7100 Rio Grande Boulevard, rejecting an appeal from property owners Mark and Sherry Cordova.
Background: Code enforcement identified the gate and fence work as constructed without a required permit; the Planning & Zoning Commission heard the variance application and denied it after staff concluded the lot did not demonstrate the physical hardship criteria required for a variance. Staff recommended denial in the board packet and noted that the applicant still lacks a fence permit.
What appellants argued: The Cordovas and their counsel said the ranch‑style gates are consistent with the community's rural character, are set back more than 40 feet from the road and had neighbor support. They also argued the gate is a modest (de minimis) 1‑foot exceedance and noted other prominent entrances exist along Rio Grande.
What trustees considered: Trustees focused on procedural and equity issues: whether post‑construction variances encourage building without permits; whether neighboring examples create inconsistent enforcement; and whether monetary hardship after construction is a proper variance ground. Trustee Vincent Sanchez (public commenter) said he would have supported the gate had the variance request been filed before construction but criticized the post‑construction approach.
Outcome: A motion to affirm the Planning & Zoning Commission's denial was adopted, setting a compliance date of April 14, 2026 for the owner to cut the pillars or otherwise bring the entrance into compliance. The board admitted additional neighbor letters into the record before voting.
Next steps: The applicant must either modify the gate to meet the eight‑foot limit, obtain a permit demonstrating compliance, or seek other remedies; the clerk and planning staff will manage follow‑up and compliance checks.
