Board approves variance for commercial wall at 1522 Stephanie Road with conditions

The Rio Rancho Planning and Zoning Board on March 24 approved a variance allowing a constructed concrete masonry-unit (CMU) wall at 1522 Stephanie Road SE that encroaches into the front setback, contingent on conditions and required utility encroachment agreements.

Planner Tim DeBorack told the board the wall was constructed about 4 feet from the front property line — roughly a 6-foot encroachment from the permitted location — and currently measures about 6 feet tall though a permit had authorized 8 feet. Because the lot is not physically constrained and does not meet the city’s variance criteria, staff recommended denial with findings but outlined conditions that would be necessary if the board approved a variance, including encroachment agreements and sight-triangle compliance.

Applicants Adam Banger and Daniel Reeves, who operate Green Summit Landscape Management, said the contractor built the wall in the wrong place and asked the board for relief to avoid roughly $15,000 in reconstruction costs. "It really just comes down to...the contractor put the wall in the wrong spot," Banger said, adding that they were willing to comply with city requirements and plant trees to soften the wall’s appearance.

Board members pressed for clarity on safety and utilities. Commissioners raised concerns about the sight triangle at the corner and a nearby 15-foot PNM easement that includes a large transmission pole visible in site photos; staff said any approval should require an engineer to confirm sight-triangle compliance and that the applicant obtain necessary encroachment agreements from utilities.

After discussion, the board voted. The roll-call vote recorded No votes from Commissioner Hardesty and Vice Chair Gabaldon and Yes votes from Commissioner Hankins, Commissioner Hopscher and Chairman Richardson; the motion to approve the variance passed.

The board’s action included conditions to address site-triangle requirements, utility encroachment agreements, and engineering review of the wall footings; staff also said an active code-enforcement case on the property could be resumed if the applicant did not make timely progress.