Trustees uphold denial of variances at 811 Tyler Road, set Aug. 3 compliance date

The Village of Los Ranchos Board of Trustees on May 19 affirmed the Planning & Zoning Commission’s denial of three zoning variances requested for 811 Tyler Road and denied the property owner’s appeal, with trustees setting a compliance deadline of Aug. 3, 2026 for items the applicant said she had corrected.

The appeal sought relief from three code requirements: about 9.5 feet of relief from the 15‑foot side setback for a portal structure, a roughly 7‑foot variance to a 25‑foot rear setback for an approximately 300‑square‑foot shed, and a two‑foot variance to a six‑foot maximum wall height where the owner had built an eight‑foot block wall. Planning staff told trustees the structures were installed without required permits and were the subject of municipal court enforcement while the appeal proceeded.

Planning and zoning staff recommended denial at the earlier PNZ hearing, which the commission followed. At the trustees’ quasi‑judicial hearing, property owner Sharon Cordova told the board she had taken curative steps "in good faith," including reducing the CMU wall from 8 feet to 6 feet and preparing plans to relocate the shed and revise the portal roof. Cordova asked trustees to accept that new information into the record so they could decide the appeal on the revised condition.

Trustees and the village attorney discussed hearing late‑submitted or "curative" evidence during an appeal. Village counsel said evidence of post‑hearing fixes generally is not the sort of "new evidence" that overturns a PNZ decision, but acknowledged trustees had discretion to consider material bearing directly on any variance still sought.

Neighbors appeared and spoke. Marcia Pinkis, whose property abuts Cordova’s, told trustees she met with the owner and supports a redesign of the portal roof to a flat slope so runoff will drain away from the shared property line. Pinkis told the board she had withdrawn her earlier objection after the redesign and said, "we worked on it together, and I support the plan that she had given me and we discussed."

After extended legal and procedural discussion and multiple motions, trustees voted to affirm the planning and zoning commission’s denial of the variances and to deny the appeal. The board placed a compliance deadline of Aug. 3, 2026 for the wall and rear setback items the applicant said she had addressed; the side‑setback (portal) issue was discussed for remand or further PNZ review, but the board’s final action maintained PNZ’s ruling.

Trustee debate focused on process and public‑safety concerns. Trustee Edward argued the village must "send a message" against unpermitted construction and cited the risk to neighbors and future buyers of substandard work. Trustee Kefir and others noted the applicant had made curative changes and urged a pathway to verify compliance; some trustees said a fresh PNZ review or new permit applications would be the cleanest route.

The trustees’ decision affirms the commission’s factual and legal findings and preserves the village’s code enforcement authority while giving the applicant a fixed compliance schedule for the items the board denied on appeal.

What happens next: staff and PNZ must verify the changes described on the record meet village code or, if not, proceed with enforcement through municipal court. The trustees’ written order will be issued within 15 days, per village rules.

Evidence and public record: the village record includes the PNZ staff report, red‑tag notices referenced in hearing testimony, before/after photos provided by the applicant, and a neighbor letter withdrawing objection. Trustees recorded their roll‑call vote at the meeting.

Contact: Sharon Cordova (applicant), Planning & Zoning staff (Village of Los Ranchos).