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Commission approves Anapra storage variance with condition tying approval to ownership
Summary
The commission granted VAR260046 for a prefabricated storage structure at 202 Calle Hidalgo despite staff's recommendation of denial, adding a condition that any approved variance would terminate upon change of ownership; commissioners also urged the applicant to relocate the unit toward compliance if possible.
Sunland Park planners approved VAR260046 to allow a prefabricated storage structure that does not meet setback requirements at 202 Calle Hidalgo (Anapra), attaching a condition that the variance ends when ownership transfers.
Staff recommended denial because the structure infringed multiple setbacks: the rear setback requires 15 feet but the unit sits about 5 feet from the lot line, and one side is 4 feet where 5 feet is required. "As per our land development code, he's not respecting the setbacks, so that's why staff recommends denial," the city planner said.
The applicant told the commission the unit is used to store vehicles and tools, has no plumbing or electrical, and was placed after the city issued a violation notice. Neighbors and the applicant described the historic lot patterns in Anapra and the difficulty and expense of relocating or elevating the structure. One resident asked whether all houses in the area meet current code and noted that many lots and structures predate present standards.
Commissioners debated enforcement and safety risks (including fire spread in a dense older neighborhood) and considered practical remedies short of demolition. One commissioner proposed recommending the applicant move the unit up toward the street to gain more rear setback; another commissioner proposed adding a condition that any variance terminate on change of ownership to avoid creating a permanent entitlement for future owners.
The commission voted to approve the variance with the stated conditions (including that the variance would end when ownership of the property changes). The motion carried on roll call.
What happens next: the commission will forward its recommendation and conditions to city council for final action; staff noted the variance may still be subject to council review and the applicant may be required to adjust the unit’s placement to reduce setback encroachment.
