Los Alamos County Planning and Zoning Commission Meeting - May 14, 2026

The Los Alamos County Planning and Zoning Commission met on May 14, 2026, at 17:30 UTC. The transcript audio identifies the meeting as Wednesday, May 13, so the supplied date is used here per instruction. The commission conducted four quasi-judicial public hearings: VAR-2025-0014, VAR-2025-0015, SIT-2026-0074, and CUP-2026-0002. A quorum was present; Commissioner Brown was absent, and Commissioner White left before the final vote. Technical audio and video problems occurred throughout the evening, and the meeting concluded at approximately 9:20 p.m. according to the transcript.

Consent Calendar / Routine Approvals

• The agenda was approved by a hand vote.
• The previous meeting minutes were approved after an amendment was added to reflect Commissioner Brule's request that staff provide information about the Board of Adjustment and why it disappeared.

Public Comments & Testimony

• No general public comments were made during the public comment portion at the beginning of the meeting.
• Case-specific testimony is summarized in the hearing sections below, especially the affected-party testimony on CUP-2026-0002.

Discussion Items

VAR-2025-0014 - Baker Carport Variance at 2339 35th Street

• The applicant, Jacoby and Heather Baker, requested a variance to reduce the required RM1 front setback from 20 feet to 1.5 feet in order to install a carport over an existing parking space at 2339 35th Street, Los Alamos.
• The lot is 0.33 acres and contains a 2,979-square-foot townhome. Staff stated that carports may encroach up to 40 percent, or 8 feet, by right, and the request would allow an additional 10.5 feet of encroachment.
• Staff, represented by Planning Manager Danielle Valdez, recommended approval, citing 1948-era concrete walls, slope and grade changes, and the limited ability to relocate parking. IDRC reviewed the request on September 25, 2025, and recommended it proceed; the applicant agreed to all conditions.
• This was a rehearing: the November 13, 2025 commission vote was 3-2 in favor, but four affirmative votes were required, so denial was issued as a matter of code rather than on the merits. The transcript says an appeal was filed in December 2026, which appears to be a likely typo for December 2025; a joint motion to remand was filed on January 13, 2026, and County Council unanimously remanded the case on March 3, 2026.
• During deliberations, one commissioner acknowledged that he had driven by the property, looked at Google imagery, and used county GIS contours. After discussion of whether this was ex parte investigation, that commissioner said he was not using the independent observations as evidence. The commission continued without a recusal.
• Commissioner White moved to approve the variance; the motion was seconded. The roll-call vote was 6-1, with Commissioner Nelson voting no. The chair was authorized to sign findings of fact and conclusions of law.

VAR-2025-0015 - Martinez Carport Variance at 1968 40th Street

• Applicant Barbara Martinez requested a variance from RM2 dimensional standards to install a 17-foot by 22-foot prefabricated carport on an existing concrete pad abutting the front property line at 1968 40th Street, creating a zero-foot front setback.
• Senior Planner Desiree Bukan presented staff's recommendation for approval. The house was built in 1949; slopes on the lot and utility locations constrain placement. A 9-foot setback option would require filling a six-foot drop, which staff said was not feasible.
• Conditions recommended by staff included keeping the carport open-sided, anchoring at least 3 feet from gas lines, demonstrating at building permit that the existing slab can support the carport, and ensuring the carport stays within the property line and does not encroach county right-of-way.
• This was also a rehearing. The application was first considered on October 22, 2025; a motion to approve failed 3-2 because four votes were required. County Council remanded the case on March 3, 2026, and the April 22, 2026 rehearing was postponed due to lack of quorum.
• A commissioner asked about nearby neighborhood carports with no front setbacks; staff and applicant responses focused on the residential character and reasonable use of the property.
• The commission voted 7-0 to approve the variance and authorized the chair to sign the findings.

SIT-2026-0074 - The Rock Commercial Redevelopment at 116/118 State Road 4, White Rock

• Vega Architecture LLC, on behalf of Janet Lovato DBA 118 State Road 4 LLC, requested site plan approval for a multi-tenant commercial development at 116 and 118 New Mexico State Road 4 in White Rock, in the White Rock Town Center zone.
• The project would redevelop a vacant 4,094-square-foot building, formerly a McDonald's and later Timeout Pizza, into retail, restaurant, bar, personal services, and laundromat uses. It also includes a new 1,015-square-foot deck, four designated food truck spaces, four EV charging spaces, bicycle parking, and about 1,633 square feet of enclosed seating and gathering area on county-owned land.
• The site plan provides 46 parking spaces, including three ADA spaces and one van-accessible space; 25 spaces are required. Staff noted the project over-provides parking.
• The IDRC reviewed the application on February 26, 2026, and after revisions on March 18, 2026, recommended approval with one condition: the applicant must obtain permits and agreements for encroachment/use of county property before receiving a building permit for site improvements.
• Staff found all site plan criteria met. The applicant described the project as a community hub with food, drinks, entertainment, and retail.
• The commission voted 7-0 to conditionally approve the site plan with the staff condition, and authorized the chair to sign the order.

CUP-2026-0002 - Zephyr Ridge Academy Private School at Bethlehem Evangelical Lutheran Church

• RMKM Architecture, on behalf of Bethlehem Evangelical Lutheran Church and Zephyr Ridge Academy, requested a conditional use permit for a private school at 2390 North Road, Los Alamos. The property is zoned multifamily residential low (MFR-L) and is about 2.69 acres.
• The proposal is a weekday co-use of four existing lower-level classrooms in the church education wing, with no new construction or exterior modifications. Zephyr Ridge Academy serves students with dyslexia and other different learning needs.
• Staff recommended approval. The interdepartmental review committee reviewed the application on March 19, 2026, and all departments recommended proceeding. Staff noted that a church-operated school could occur by right; the conditional use permit was needed because the church has contracted with a separate operator.
• Public notice was published and posted on April 2 and April 6, 2026, and mailed on April 6. Three letters of opposition were received after the canceled April meeting. One agenda attachment contained a typo saying August 6; it was corrected to April 6.
• Affected homeowners from Canyon Glen Road testified in opposition. Their concerns included lack of direct neighborhood notice, potential property-value impacts, inadequate defined playground/recess area, noise, privacy, traffic and drop-off congestion, liability/insurance, the possibility of future expansion to more classrooms or different hours, and lack of recourse if conditions change. One adjacent couple said they would withdraw opposition if a condition required recess to be held off site, but they also questioned how such a condition would be enforced.
• A neighbor and parent of a prospective student testified in support, saying the school would fill a critical need for dyslexic learners, would not operate on Saturdays or as a full summer program, and would include students who need a supportive environment.
• Zephyr Ridge co-directors explained the program's structure: 10-12 students per classroom, high staff-to-student ratio, school hours of 8:30 a.m. to 3:00 p.m. staggered from Mountain Elementary, no weekend programming, limited one-on-one summer sessions, and use of an interior courtyard rather than the parking lot or the church playground, gaga pit, or labyrinth.
• The church's congregational president said the congregation would still vote on the arrangement, a facility-use agreement would be developed, and existing church, scout, self-help, and LA CARES activities would continue.
• After closing the hearing, the commission reviewed all criteria. Chair Easton moved to approve; the motion was seconded and passed with all commissioners then present voting yes. Commissioner White had left at about 9:05 p.m. The chair was authorized to sign the order, findings of fact, and conclusions of law.

Key Outcomes

• VAR-2025-0014 approved 6-1, with Commissioner Nelson voting no.
• VAR-2025-0015 approved 7-0.
• SIT-2026-0074 conditionally approved 7-0.
• CUP-2026-0002 approved 6-0 on the votes of the commissioners present at the time of the vote, with Commissioner White absent and Commissioner Brown absent for the entire meeting.
• The board also approved the agenda and amended minutes, and introduced Christella Valdez as the new CDD attorney.
• In closing remarks, the council liaison reported on a council work session about traffic safety, pedestrian safety, and wildlife interactions. The Comprehensive Plan Steering Committee consultant has developed draft vision, priorities, and core values, with public engagement anticipated in June. The chair urged residents to vote.