Commission grants variance to allow separate septic system where geology prevents connection

The Planning Commission recommended approval of a variance allowing an accessory dwelling unit to retain and operate a separate on‑site liquid waste (septic) system after New Mexico Environment Department (NMED) review found on‑site geological conditions made connection to the main house’s system infeasible.

Marie Martinez, building and development review specialist, presented the case for applicants Michael Ray Martin and Belen Schwartz. Martinez summarized that the existing principal residence and an after‑the‑fact ADU each have their own septic tank and leach field; geological and topographic constraints — including a large granite outcrop and limited available leach field surface — made tying the ADU into the main residence system infeasible. The agent submitted evidence NMED issued permit number LW0005479 to operate the second on‑site liquid waste system; the permit was granted 09/06/2024 after approval by NMED on 02/23/2022.

Martinez told commissioners that Building and Development Services reviewed the variance request against applicable SLDC criteria and found the facts supported approval. A hearing officer recommended approval on 05/08/2025 with staff conditions; staff presented those conditions to the commission for inclusion in any approval.

Agent Abby Guidry said the ADU will be used by family members and is not intended for short‑term rental. She described the site constraints and explained that the applicant had created an enclosed room within the existing garage area and paused work for financial reasons; the applicants later sought to regularize the structure and obtain required permits. Commissioner questions focused on whether construction permits had been sought; staff confirmed the applicant submitted a development submittal but it was incomplete pending variance approval and that after‑the‑fact permitting and full building permits will be required should the variance be granted.

The commission voted to approve the variance subject to the conditions proposed by staff. The decision allows the separate, NMED‑permitted septic system to remain serving the ADU given the documented site constraints.