Rio Rancho board approves variance for shed at 1576 Arlene Road despite staff denial recommendation

The Rio Rancho Planning & Zoning Board voted to approve a variance allowing a secondary structure to encroach into the R-1 side setback at 1576 Arlene Road. The board approved the motion after hearing from staff and the homeowner.

Ben Isaacs, municipal planner, told the board the shed on the property is 140 square feet — larger than the 120-square-foot maximum that allows secondary structures to encroach — and encroaches roughly 3 feet into the left side setback. "The shed could be rotated 90 degrees and moved 3 feet away from the left property line to come into compliance with the zoning code," Isaacs said, and staff recommended denial "based on the specified findings of fact and conditions" because the lot did not contain an exceptional physical condition preventing compliance.

The applicant, Rob Spello, said rotating or relocating the shed would require significant dirt work and expense. "It would be a huge expense to me to try to rotate the shed, or place the shed into another spot in my yard to be up to standards," Spello said, adding he had neighbor support and that the structure was not affixed and could be moved if necessary. Spello also said the shed replaced an older one that had stood on the property for 20 years.

No members of the public spoke for or against the request during the hearing. Board members examined photos and discussed the lot topography and alternative locations on the parcel. One commissioner asked about the size of the prior shed; Spello said the old structure was roughly 10 by 12 feet.

After discussion, the board moved to approve the variance; the chair called the roll and announced the motion passed.

The board record shows staff recommended denial but the board approved the variance, so the next procedural step is to update permit records to reflect the approved variance and any conditions the board attached when announcing the motion passed.