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Taos commission denies request to waive five-year family-transfer hold
Summary
On April 1, 2026 the Taos Planning, Zoning and Historic Preservation Commission denied a variance request that would have waived the town's five-year family-transfer hold, finding the application did not meet the code's variance criteria. The decision was unanimous (5-0).
The Taos Planning, Zoning and Historic Preservation Commission on April 1 denied a variance request to waive the town's five-year holding requirement for family transfers, voting 5-0.
The request, filed as case PZ2026-03, sought an exception to Town of Taos Land Use Development Code section 16.24.035 so the property owner could transfer newly purchased land to his minor children under the Uniform Transfers to Minors Act. Abby G. Sanger, the owner's attorney, told the commission the parcel is about 3.14 acres and said the five-year hold is "arbitrary and capricious," arguing the restriction prevents local families and small local builders from creating generational wealth and adding modest, locally affordable housing. "My client's not trying to build million-and-a-half dollar houses," Sanger said, adding that the owner wants to split the lot into six lots for homes affordable to local couples.
Staff told the commission the application file included deeds and a staff report but lacked evidence of public-notification materials (Taos News affidavit, sign photo, certified return receipts). Staff also noted that some state law limitations on re-splitting parcels exist, but that the specific five-year provision at issue is written into the town's land-use code.
Commissioners said their review must follow the land-use code's five variance criteria, including that any hardship not be self-created and that the variance be the minimum necessary. Commissioner Manning said variances are intended for unusual property conditions and suggested that purchasing property while aware of the code can amount to a self-created hardship. Several commissioners agreed they had not seen clear evidence that all five criteria were met.
After discussion, Commissioner Manning moved to deny the variance for failure to meet the criteria in the town code; Commissioner De Herrera seconded. The motion passed on a roll-call vote: Manning ' yes, De Herrera ' yes, Chairman Mondragon ' yes, Commissioner Goldman ' yes, Commissioner Gooch ' yes.
Staff advised the applicant of appeal rights: the applicant has 10 working days to file an appeal to the Taos Town Council; staff said it would consult the town attorney regarding possible council recusals if appealed. The applicant noted that town staff and councilors are working on a broader code update that may remove the five-year hold in the future.
