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Neighbors rally in support of controversial zoning variance

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


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Neighbors rally in support of controversial zoning variance
In a recent government meeting, a significant discussion centered around the appeal of a variance application for a property located at 10:30 and a half West Halton. The governing body was urged to uphold the Board of Adjustment's (BOA) nearly unanimous decision to approve the application, which seeks a 0 lot line variance.

The property in question is described as having unique physical characteristics: it is narrow, landlocked, and does not front the street, being situated 50 feet away from West Halton. The applicant, Miss Banchi, and her architect, Mr. Saros, argued that these special circumstances make it infeasible to develop the property in compliance with existing zoning codes. They emphasized that the proposed renovation plan would reduce the total lot coverage to less than 50%, address three existing nonconformities, and create a spacious private open space.

During the BOA hearing, members expressed support for the renovation, noting that it would significantly improve the property while maintaining the character of the neighborhood. The BOA concluded that the application met all five criteria necessary for variance approval, including the assertion that the proposed development would not exceed the intensity of use allowed in the area.

Opposition to the variance came from Miss Benedato, who outlined several concerns in her appeal, claiming that the BOA's decision was arbitrary and did not adhere to the legal definitions of street front lots. However, the applicant's representatives countered that the BOA had carefully considered all relevant factors and that the property’s lack of street frontage justified the variance.

The discussion highlighted the variance process as a means to address unique property circumstances while balancing community standards. The applicant's plan, which aims to revitalize a historic dwelling, has garnered significant support from the neighborhood, with 40 letters of endorsement presented at the meeting.

As the governing body deliberates, the outcome of this appeal could set a precedent for how variances are handled in similar cases, particularly those involving properties with unique challenges. The meeting concluded with a request to deny the appeal and affirm the BOA's decision, emphasizing the importance of considering both the spirit of the zoning code and the community's needs.

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