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Board upholds planning commission’s approval of attached guest house at 720 Mullen Road
Summary
After a two-hour quasi‑judicial hearing, Los Ranchos trustees denied an appeal of a Planning & Zoning Commission decision allowing a guest house at 720 Mullen Road with conditions prohibiting direct access to an adjacent garage; neighbors argued the approval rewrote the code while applicants said they followed staff guidance.
Los Ranchos de Albuquerque trustees voted Dec. 16 to deny an appeal of a Planning & Zoning Commission decision that approved a conditional use permit for a guest house at 720 Mullen Road.
The board’s decision upholds the commission’s finding that the guest house may be located in proximity to a garage provided the guest unit does not have direct access to garage space and the garage remains reserved for the primary residence. Planning Director Shana Schultz told trustees the code reads “guest houses may not have a garage” but does not use the word “attached,” and that a reasonable interpretation and prior village precedent support conditions that bar direct access and rental of the unit without additional approvals. “What I was looking for was direct access to the garage,” Schultz said, adding the planning staff and commission included enforcement-oriented conditions to guard against future conversion.
Adjoining property owners led by neighbor Neil Kefir urged trustees to reverse the commission, saying the language is plain and the village has historically denied guest houses that share structural walls with garage workspace. “This appeal is about consistency, precedent, and the correct application of village law,” Kefir told the board, arguing that allowing an attached garage “effectively rewrote” the ordinance and sets a problematic precedent that could expand living space beyond the 1,000‑square-foot limit.
The applicants and their agent, Walter Gil, said they proceeded transparently and followed advice from former and current zoning officials. “The guest house does not have a garage. It does not use a garage,” Gil said, adding the plans show a garage dedicated to the primary residence and that zoning decisions must be evaluated based on submitted designs, not speculation about future owners. Owner Selena Tamorei asked trustees to confine review to the administrative record and warned against ex parte communications.
Trustees heard detailed testimony about code text, prior approvals, whether the code regulates doors or structures, and enforcement practicalities such as inspections and queuing of subsequent building permit reviews. The board voted to deny the appeal (announced in the meeting as passing by a 2–1 vote with one trustee recused), leaving the original conditional-use approval in place with the conditions the commission adopted.
The board said any future requests to change the guest house’s configuration would require follow‑up permits and that enforcement tools exist should the property not comply with conditions. The trustees also noted that if the code itself needs clarification, that is a legislative matter that can be pursued separately.
