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Rio Rancho board approves backyard gazebo variance despite staff recommendation to deny
Summary
The Rio Rancho Planning and Zoning Board on May 12 approved a variance allowing a 400-square-foot gazebo to encroach 5 feet into the rear setback at 6409 Nassau Road NE, overturning staff’s recommendation for denial after the applicant said road work had reduced the lot size.
The Rio Rancho Planning and Zoning Board approved a variance May 12 allowing a 400-square-foot gazebo to encroach 5 feet into the 15-foot rear setback at 6409 Nassau Road Northeast.
City planner Michelle Castell told the board that staff recommended denial, saying the lot is not irregular in size or shape and that the hardship appears to have been avoidable because the structure was built without following proper permitting procedures. "Staff finds that the request would not result in a hardship that would deprive the owner of reasonable use of their land," Castell said, citing Rio Rancho Municipal Code §154.5 and the review of building permit 26-3165.
The applicant, Hakim Japala, told the board the property originally measured 0.5 acres at the time of construction in 2019 but the city’s Lincoln Avenue project and construction of a roundabout required moving the original rear wall inward by roughly 5 feet. "Hence, today, the lot size is 0.48, and we lost roughly about 5 feet," Japala said, explaining the slab was poured in 2019 and that COVID delayed subsequent work.
Board members questioned whether the wall was moved because of a city right-of-way acquisition or because the wall had been in the wrong location. Japala responded that the wall was moved to accommodate the roundabout and that he did not recall being contacted specifically about an acquisition.
Despite staff's recommendation to deny, a motion to approve the variance carried on a recorded roll call vote: Commissioner Koptre — Yes; Vice Chair Gavalden — Yes; Commissioner Hankins — Yes; Chairman Richardson — Yes; Commissioner Hardesty — Yes.
The board did not specify additional conditions in the hearing; the building permit referenced by staff remains under review. The approval allows the existing gazebo to remain five feet inside the rear setback rather than requiring relocation or removal.
