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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Planning and Zoning Board Meeting April 28, 2026: Variance Approval for Gazebo Setback

Meeting Portal — Tuesday, April 28, 2026

BodyRio Rancho, New Mexico

SessionMeeting Portal

DateTuesday, April 28, 2026

StatusFILED

Video Record

0:00 / 8:43

Transcript — VerbatimClick a timed line to jump · ⧉ to share it

0:00

If you could please let's stand for the pledges of allegiance.

0:22

Okay.

0:24

A couple of housekeeping items to go over.

0:27

Please silence all electronic devices while attending planning is on the board meeting.

0:32

And for the record, I would take roll call by calling each plan zone and board members' name.

0:36

Please acknowledge your presence by saying present.

0:39

Kevin Copcher.

0:42

I believe he is excused.

0:44

Robadon present Andrea Atkins present.

0:50

Lisa Hardesty.

0:55

Lisa Hardesty.

1:06

So we have a quorum with who we have right now, and then uh if Commissioner Hardesty comes online, we'll acknowledge that she's present.

1:15

Okay.

1:17

Um couple more housekeeping items.

1:20

In person attendees, please fill out the please fill out a speaker form if you wish to speak.

1:26

Only individuals who have signed up would be permitted to speak.

1:30

If you have yet to fill out the form, now's the time to do so and provide a two more recorder to the right.

1:38

Virtual attendees, please sign a chat message.

1:42

Pretty soon chat messages to the holes or use the raise hand feature if you want to provide public comments.

1:48

When I recognize you to speak, you will have the ability to enable audio and video.

1:54

Okay, moving on to consent calendar.

2:00

Can I get a motion to approve?

2:03

Motion to approve the consent calendar is presented.

2:06

Can I get a second?

2:07

Second.

2:08

Call the rule.

2:11

Chair Richardson?

2:12

Yes.

2:14

Vice Chair Galbadone.

2:15

Yes.

2:17

Commissioner Hardesty.

2:19

I'm sorry, Commissioner Hinkins.

2:21

Yes.

2:22

Motion passes.

2:24

Okay.

2:24

Moving on to public hearings, and I believe we have just one item on the agenda tonight.

2:29

It is a variance.

2:31

And staff contact is so Mr.

2:36

Chair, I'm going to be presenting this item tonight.

2:39

Okay.

2:40

All right.

2:41

And staff uh director, uh, Amy Ray Call.

2:47

Uh good evening, uh, Mr.

2:48

Chair and members of the Plenny and Zoning Board, Amy Rincohn, Director of Development Services.

2:53

Uh so item number one tonight is a variance.

2:56

Uh the applicant, Albert uh Perata is requesting an approval for a variance to the rear setback requirement for his property uh located at 6 6317 Bald Eagle Place Northeast.

3:09

Uh so this would be a five and a half foot encroachment into the rear setback for a 320 square foot gazebo.

3:16

Um so on the location map you can see um that the property is uh backs up to a major roadway.

3:24

Um and so uh while uh code enforcement was out um driving down the road, they noticed that that a structure was being constructed.

3:32

Um they checked to see if there was a permit, um, and they did not find a permit on file.

3:38

Um, and so the applicant when they came in to file for a permit, um, we found out that it was encroaching in into that rear setback.

3:45

Um, and so they're in front of you tonight to request a variance to be into that rear setback.

3:51

Um, and so when staff looks at these applications, they um evaluate any variance uh through chapter 150.06 um where a variance from the strict application of area height dimension distance parking or setback requirements of this title may be allowed in the case of an exceptionally irregular, narrow, shallow, or steep lots, um, or if there's other exceptional characteristics for the property.

4:17

Um so uh just a couple of images.

4:20

There's additional images in your agenda briefing memorandum, but it is an existing structure just showing where it's located on the property and what it looks like, and then a couple of additional pictures so you kind of get an idea of the scale of where it fits onto the property.

4:38

I did want to point out that um, and this is not common, um, but in the rear property, there is a 10-foot public utility easement.

4:47

Um, usually that's not in place, usually it's just a five-foot PUE.

4:51

Um, but this property does have a 10-foot PUE, so they do encroach um six inches into that rear PUE.

5:00

Um and so if this item is approved by the planning and zoning board, one of the conditions of approval would be that they would uh work with uh it's actually the second page, excuse me, uh, that they would uh get encroachment agreements from the utility companies uh for that um along with finishing up any of the process for the building permit to get approved.

5:20

Um so staff did not find anything irregular or exceptionally out of place with this property, and so uh we recommend uh denial of the variants.

Discussion Breakdown — Share of Meeting

Procedural█████████████████████████████████████████████81%

Engineering And Infrastructure███████████19%

Summary of Proceedings

Planning and Zoning Board Meeting – April 28, 2026

The Rio Rancho Planning and Zoning Board met on April 28, 2026, at 6:00 PM in City Council Chambers. The board considered one public hearing item: a variance request to allow a pre-existing 320-square-foot gazebo to encroach into the required rear setback. Despite staff’s recommendation for denial, the board approved the variance with unanimous support.

Consent Calendar

The consent calendar was approved via motion (Chair Richardson, Vice Chair Gabaldon, and Commissioner Hankins voted yes; Commissioner Hardesty joined later). The consent calendar typically includes routine approvals and was passed without discussion.

Public Comments & Testimony

The applicant, Albert Prada (6317 Bald Eagle Place NE), spoke in favor of the variance. He emphasized neighbor support, the quality of the structure as an improvement to the property, and his willingness to cooperate with utility companies regarding any encroachment into the 10-foot public utility easement.
No other members of the public spoke for or against the item, either in person or virtually.

Discussion Items

Variance Request (Applicant: Albert Prada) – The property at 6317 Bald Eagle Place NE, legally described as Mountain Hawk 28 Phase 1, Block 14, Lot 18, backs onto a major roadway. A gazebo was constructed without a permit; after code enforcement discovered it, the applicant applied for a variance to allow a 5.5-foot encroachment into the required rear setback. The gazebo also encroaches 6 inches into a 10-foot public utility easement.
Staff (Amy Rincón, Director of Development Services) presented the staff recommendation for denial, stating that the property did not meet the criteria for a variance under Chapter 150.06: there were no exceptionally irregular, narrow, shallow, or steep lot characteristics. Staff noted that if the board approved the variance, a condition would require the applicant to obtain encroachment agreements from utility companies and complete the building permit process.
The board reviewed supporting materials, including letters of neighborhood support and photos of the gazebo. After the applicant’s testimony, a motion to approve was made and seconded. The board voted 4-0 in favor (Chair Richardson, Vice Chair Gabaldon, Commissioners Hankins and Hardesty; Commissioner Kofchur was excused). Commissioner Hardesty arrived after the start of the meeting but participated in the vote.

Key Outcomes

Motion to Approve Variance (passed 4-0) – The board approved the variance for the rear setback encroachment, subject to the applicant securing encroachment agreements from utility companies and completing all building permit requirements. The decision overruled staff’s recommendation for denial.
Board Recognition – Chair Richardson acknowledged former Commissioner Sal Tortorici for his service on the board (in his absence).
Adjournment – The meeting adjourned after the public forum, which had no speakers.

Meeting conducted in person and virtually, streamed live on the City of Rio Rancho website.

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