Commission denies variance for accessible deck at 543 2nd Street

The Ruidoso Planning Commission voted against a variance that would have allowed a 355‑square‑foot deck to extend into the side setback at 543 2nd Street, a request the applicant said was needed to provide easier access for an elderly family member.

Amy Wilson, staff filling in for the regular planner, told commissioners that staff notified property owners within 200 feet and reported no responses. Wilson summarized the application as a side‑setback encroachment to accommodate an accessible deck because the home’s livable space is on the second floor and the first floor is an exposed, unfinished basement.

Applicant Brian Johnson said the deck was intended to ease access for his mother, who “isn’t wheelchair bound, but she just can't walk very good at all.” He said trees and overhead utilities constrain other sides of the house and that he had a verbal agreement with a neighbor to allow some dirt work to create a path for occasional vehicle access.

Commissioners pressed Johnson about alternatives, including reconfiguring stairs or building an access ramp, and whether the claimed hardship was self‑imposed. One commissioner noted that driveway and ramp designs could avoid setback intrusion, and another said any cross‑property use needed a written agreement rather than a verbal permission.

Commissioner motioned to approve the variance based on findings in village code, but a roll‑call vote recorded no votes in favor and the motion failed. Chair said the commission must see an extraordinary, non‑self‑imposed hardship to grant a variance and concluded alternative construction options remained.

The applicant was advised to explore alternate access designs and, if necessary, return with documentation of any enduring hardship or neighbor agreements.