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Neighbors clash over controversial property development variance

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


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Neighbors clash over controversial property development variance
In a recent Board of Adjustment meeting, significant concerns were raised regarding a proposed variance for a property at 1015 Don Cubero. Diane Jennings, a neighboring property owner, reported that she was approached by the applicant, Miss Bonci, less than 24 hours before the hearing to discuss a potential setback agreement that would allow Bonci to build at a 0 lot line, effectively placing her structure right at the property boundary.

Jennings emphasized the importance of understanding land use terminology, particularly the implications of a 0 lot line designation, which indicates nonconformity with existing zoning regulations. She pointed out that the city’s zoning code allows for a maximum lot coverage of 40% for R-5 zones, which translates to a permissible building size of 780 square feet on the less than 2,000 square foot lot in question. Jennings noted that the existing footprint could accommodate this size without exceeding the coverage limits.

Moreover, Jennings highlighted that the property’s size necessitates common open space, which has not been adequately addressed in the discussions. According to city regulations, properties under 2,000 square feet must maintain a designated area for common open space, which Jennings calculated to be approximately 240 square feet based on the structure's square footage.

The meeting also revealed that the Board of Adjustment had not fully considered the implications of the proposed variance on neighboring properties. Jennings argued that the lack of communication with neighbors and reliance on form letters to gauge support was insufficient. She raised concerns about the safety and health implications of the proposed setbacks, stating that the required separation between structures on adjacent lots is crucial for compliance with city regulations.

In conclusion, Jennings called for a thorough review of the variance request, emphasizing that the proposed development could lead to further nonconformities and safety issues. The Board of Adjustment is expected to deliberate on these points before making a final decision on the variance request.

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