Planning commission approves accessory dwelling unit and loft variance with square‑foot condition

The Santa Fe County Planning Commission on June 18 approved a conditional use permit (case 265010) for a detached accessory dwelling unit (ADU) and a companion variance (case 265020) to permit a loft sleeping area that would technically be a second story. Staff recommended approval subject to conditions; the hearing officer had likewise recommended approval on May 14.

Jerome Royal, development review specialist, told the commission the proposed ADU is 1,240 gross square feet, will be used for immediate family members and is not intended as a short‑term rental. Royal said the project meets applicable SLDC standards and that design and infrastructure items (fire protection, landscaping, utilities, drainage) had been reviewed. He explained the loft area raises a technical definition question because the SLDC defines a “story” by floor‑to‑ceiling relationships; the variance was requested because the loft used for sleeping would be considered a second story under the code’s definition even though the building otherwise reads as single‑story.

Commission discussion focused on technical items: whether the loft square footage must be included in the ADU total (the commission required it be included), ADU size limits (50% of heated area up to a 1,400‑sq‑ft cap), driveway and septic sharing, and the requirement that CI (Construction Industries) review building code egress and head‑height issues during permitting. Vice Chair Trujillo and other commissioners pressed staff about how the ADU meets overlay requirements and whether the loft area should be counted; staff confirmed the ADU is subject to the overlay’s CUP requirement and that CI will enforce building code requirements at permit review.

The commission approved both cases with staff recommendations and accepted a friendly amendment to require that final construction plans demonstrate the ADU, including the loft area, remains below the 1,400‑sq‑ft maximum allowed for ADUs.

Why it matters: The approval allows an ADU to provide immediate family housing while clarifying how loft spaces are treated for square‑foot calculations. The added condition — explicitly counting the loft in the ADU square footage — was included to avoid later disputes at building‑permit stage.

What’s next: The applicant must submit final plans that include the loft in gross square‑foot calculations and satisfy CI and environment department requirements (e.g., septic modifications) during the building‑permit review process.