Taos preservation panel denies retroactive approval for wall at 104 Manzanera Street

The Town of Taos Historic Preservation Commission on a unanimous vote denied a retroactive certificate of appropriateness for a concrete wall built at 104 Manzanera Street.

Vice Chairman Vernon Luhan and two commissioners voted to deny the application after neighbors and staff presented photographs, measurements and safety concerns. Commissioner (the motioner) moved to deny the certificate and the motion was seconded; roll-call votes recorded Commissioner Cantu, Commissioner Quintana and Vice Chairman Vernon Luhan voting in favor of denial.

The staff presentation outlined the administrative history: the subject property is a contributing resource in the town's historic overlay zone, a variance for wall height had been denied by the Planning and Zoning Commission, and the town council later upheld that denial on appeal. Staff told the commission that if it were to approve the retroactive certificate it would need to impose conditions, including obtaining building permits and reducing the wall to the required 6-foot height.

Neighbors who spoke at the public hearing said the wall blocks visibility of the historic structure and changes the site's spatial character. James Schultz presented slides and photographs saying, “If you can't see the property at all, it could be a wrecked car for all you know,” and urged the commission not to grant retroactive approval.

Another neighbor, Robert Russell, gave measurements and argued the wall’s outside profile in places measured substantially higher than allowed, said fill had been added and raised concerns about footing depth and the structural integrity of the wall. “If this wall fails, there's a public safety issue,” Russell said, citing the risk to pedestrians and vehicles.

The applicant, who staff identified as Jan Griffin and who said the deed now is in her name, said she built the wall for safety and security after finding people on the property and asked the commission for forgiveness via a retroactive certificate. She acknowledged she built without prior approval and said she would seek the required zoning review and building permits if granted a C of A. "I'm asking for a retroactive certificate of appropriateness," she said in her presentation.

Commission discussion referenced the staff report’s photos, the distinction between finished and existing grade, and technical concerns about whether added fill affected footing depth. Staff noted an option to require footing inspections as part of permit compliance but emphasized the commission must evaluate the application against current code and the standards for contributing properties in the historic overlay.

After discussion, a motion to deny the certificate of appropriateness carried unanimously. The commission’s denial means the applicant must follow existing enforcement processes and any required corrections, including permits and potential modifications to meet the town’s wall-height rules.

The commission moved on to other agenda items; there was no immediate direction recorded in the hearing to schedule a follow-up site visit as a condition of this action.