Commission delays decision on 7‑lot family transfer, setback and open‑space variances for Tres Arroyos property

The Santa Fe County Planning Commission on Wednesday declined to reach a final decision on a proposal to split an 8.954‑acre parcel in the Tres Arroyos del Poniente overlay into seven 1.25‑acre family‑transfer lots, to reduce an established 250‑foot setback from New Mexico 599, and to modify open‑space requirements.

Staff recommended denial of the three related variance requests; the applicant argued the requested relief is necessary for a family transfer subdivision that would allow multiple family members to remain in Santa Fe on smaller, more affordable lots. After hours of testimony — including multiple family members who said keeping the family close would permit caregiving and reduce childcare and commute burdens — a motion to deny the variances failed to reach the required majority. Commissioners then voted to postpone further action until the commission’s next regular meeting on July 17, 2025, to allow legal staff to advise how absent commissioners should be brought up to speed and whether additional procedural steps are necessary.

Marie Martinez, building and development review specialist, said the applicants seek three variance types: density (to divide 8.954 acres into seven ~1.25‑acre lots where the Res E zone normally allows one dwelling per 2.5 acres), elimination of a 250‑foot setback from the NM 599 right‑of‑way applicable in the Tres Arroyos del Poniente Community District overlay, and an open‑space variance to allow perimeter setbacks to count toward required open space. Staff advised the commission that the hearing officer recommended denial of the density variance; staff’s recommendation to the commission was also denial of all three requests.

Agent Lisa Martinez and prospective buyer Gerald Solano described the proposed family transfer and presented a “ready, willing and able” water and wastewater letter indicating county Utilities could provide services from a 12‑inch line located roughly 1,628 feet from the site if connections were extended. Gerald Solano and multiple family members testified on why staying in Santa Fe matters to them; Solano said the variances would allow “a family close together” and described a daughter’s ongoing cancer treatment and the family’s desire to provide nearby caregiving.

Commissioners expressed divided views. Several noted many nearby lots were already smaller than 2.5 acres and that precedent and community patterns influenced the case; others stressed the overlay setback (250 feet from NM‑599) and the purpose of the overlay and SLDC density rules were adopted to avoid serial subdivision and to preserve rural character and safety along the highway. Commissioners also discussed the financial and logistical challenges of extending water and sewer 1,600 feet and the potential for loss of water if wells were allowed.

A motion to deny the variance requests was made and seconded; the roll call did not produce the required majority and the motion failed. Commissioners then voted to postpone a final decision on all three variance requests to the commission’s July 17 meeting so legal counsel can advise on the record, notice and procedure to involve absent commissioners and whether the hearing would need to be reopened for new evidence or testimony. Planning staff agreed to communicate procedural guidance and to provide updated materials to the applicants and interested parties before the July meeting.