Planning Commission approves certificate of compliance for 315 Center Street (Don Gaspar area)

The Santa Fe Planning Commission unanimously approved a certificate of compliance for 315 Center Street, a lot with historical adjustments the owner seeks to formalize as a legal lot of record.

Senior planner Alexa Hempel presented the staff report describing how the lot was created in 1929 and later altered in 1981 and 1983 while under common ownership without city approvals. Hempel said those unapproved adjustments mean the lots are not legal lots of record under the current code, and that the certificate of compliance (pursuant to SFCC provisions cited in the staff report) would legalize the adjusted lot once any conditions are met and the certificate is recorded.

Hempel explained the parcel is in the Don Gaspar historic area, is zoned R-21 (residential, 21 dwelling units per acre) and exceeds the R-21 minimum lot size (roughly 4,000 square feet). She noted the house and an accessory dwelling unit predate modern setbacks and are considered legal nonconforming structures, which may be maintained but not enlarged in ways that increase their nonconformity. The staff recommendation was to approve case 202611784 (315 Center Street) with conditions and to record an amended certificate of compliance and associated documentation reflecting a recent ownership change to 315 Santa Street LLC.

Wells Henry, attorney for the applicant, stated his name and address for the record and said he was available to answer commissioners’ questions. Commissioners did not raise additional substantive concerns and moved to approve the certificate; the motion passed by roll call.

The certificate of compliance, if recorded per conditions, will allow the adjusted lot to be treated as a legal lot of record under chapter 14. The decision preserves existing legal nonconforming structures but limits their enlargement in ways that increase nonconformity.