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Community fears fire hazards amid contentious variance debate

July 10, 2024 | Santa Fe, Santa Fe County, New Mexico


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Community fears fire hazards amid contentious variance debate
In a recent government meeting, concerns over public safety and property rights took center stage as an appellant voiced fears regarding overcrowding and fire hazards in District 2. The appellant, Stephanie Benonato, emphasized the potential risks to her physical well-being and property value, likening the situation to the catastrophic fires experienced in Maui. She has been advocating for change for over five years, urging the governing body to take action.

The meeting was convened to discuss the Board of Adjustment's decision to grant a variance, with the governing body presented with three options: to reverse, affirm, or modify the Board's decision. The governing body was informed that the hearing would be de novo, allowing for the introduction of new evidence and testimony.

During the proceedings, it was noted that the record may not be sufficiently developed to affirm the Board's decision, particularly regarding the unusual physical characteristics of the property in question. The governing body expressed concerns about whether the evidence supported the need for a variance, given that a residence already exists on the property and could be renovated without the variance.

Benonato criticized the Board of Adjustment for not adhering to its own standards and highlighted issues with the accessibility of meeting records, which she argued hindered her ability to appeal effectively. She called for a review of the 35-day rule that governs the appeal process, suggesting that it places an undue burden on appellants.

The appellant also raised concerns about the implications of granting the variance without proper oversight from the Historic Board, suggesting that the decision could complicate future renovations and property classifications. She proposed that the governing body consider tabling the decision to allow for further review by the Historic Board, which could provide clarity and potentially resolve outstanding issues related to the variance.

As the meeting progressed, the governing body was encouraged to ask questions and consider the new evidence presented, with the outcome of the appeal still pending. The discussions highlighted the ongoing tension between property development, public safety, and regulatory compliance in the community.

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