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Board approves variance for unpermitted carport that encroaches into rear setback
Summary
Despite staff recommending denial, the board approved a 15-foot rear-setback variance for a 300-sq.-ft. carport at 4700 Snowy Owl Road NE; the owner said the structure has been in place about 2.5 years and that she was previously told a permit was not required.
Ben Isaac presented the variance request for a carport at 4700 Snowy Owl Road NE and said the structure is about 300 square feet and encroaches 15 feet into the rear setback, triggering consideration under Rio Rancho Municipal Code section 154.50. "According to the building permit application submitted by the applicant, the carport is 300 square feet in area and encroaches 15 feet into the rear setback," Isaac said; staff recommended denial because code does not list lack of detriment as a valid variance criterion and staff did not find the property met variance standards.
Property owner Joanne Valdez said the carport has been in place about "2.5 years" and that she had been told earlier by city staff she did not need a permit because it was in the backyard. The board moved and the motion to approve the variance passed after a recorded split vote; the variance resolves a code-enforcement issue by approving the structure retroactively.
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