Commission denies Agua Fria variance appeal after title review; commissioner calls for traditional-village land working group

The Santa Fe County commission on May 12 denied an appeal of the Planning Commission's denial of a variance requested by the Baca family that would have allowed three primary dwelling units on a 0.771-acre parcel in the traditional Agua Fria community.

Staff (land-use administrator Michael Voss) presented a multi-decade chain-of-title review and a title-company report confirming the current parcel boundaries and concluding there was no recorded county eminent-domain taking of the subject property. Voss reviewed historical plats and court records—including a 2004 district-court quiet-title order that found the original claimant had no interest in certain lots—and recounted subsequent plats and deeds that established the existing 0.771-acre parcel.

Applicant representative (Mister Martinez) urged the commission to consider historical and family circumstances. Martinez said some utilities were already roughed in and that family members intended small manufactured homes and would waive accessory dwelling units in return for three primary homes. A neighborhood speaker (Dave Pike) urged the board to consider the village's unique historical patterns and intergenerational landholdings.

Commissioners discussed the three variance criteria (public interest; extraordinary conditions of the property causing peculiar hardship; and preservation of the spirit of the land-use code). Staff concluded the applicants had a reasonable use under the current code (two lots or two primaries with ADUs) and that financial hardship alone did not satisfy the variance standard. After closed-session deliberation on the quasi-judicial matter, the commission denied the appeal by a 3'to'1 vote. Commissioner Lisa Kokari Stone cast the lone "no" vote and said she will pursue a working group to address traditional-village land rules and potential code amendments for intergenerational land stewardship.