OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Planning and Zoning Board Meeting Summary, April 28, 2026

Meeting PortalTuesday, April 28, 2026
BodyRio Rancho, New Mexico
SessionMeeting Portal
DateTuesday, April 28, 2026
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
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.

5:30

Um but if the planning and zoning board find um other reasons or rationale, um we do have our findings and conditions for approval as well.

5:40

Um there is included in your agenda briefing memorandum multiple letters of support, and the applicant is here as well, and I will stand for any questions.

5:49

Okay, thank you.

5:50

Is the applicant present?

5:53

Please come forth, state your name and your address.

5:58

My name is Albert Prada.

5:59

Address is sixty-three seventeen bald eagle place northeast.

6:08

Okay, um, Commissioner Harsey is on to recognize her.

6:12

Thank you.

6:13

All right.

6:14

You may proceed.

6:16

Um I'm just asking for the approval of this.

6:20

Um I have a lot of neighbor backing and um the structure is nicely billed.

6:27

I think it's an improvement to the property.

6:30

And then also um I am in the understanding of having to do any kind of um removal or help the process if it encroaches in any kind of utility work that may be may need to be done.

6:47

Um yeah.

6:57

Thank you.

6:58

You're welcome.

7:00

Is there one person who wish to speak for or against item number one?

7:07

I'll see none.

7:08

Is anyone virtual who wish to speak for or against item number one?

7:18

Okay, motion to approve item number one.

7:22

Motion to approve item number one.

7:24

Can I go second?

7:24

Gabbledon second.

7:26

Okay, and a discussion from the board.

7:31

And a discussion from the board.

7:39

Commissioner Hinkins, yes.

7:42

Chair Richardson?

7:44

Yes.

7:45

Vice Chair Galbadone?

7:46

Yes.

7:47

Commissioner Hardesty.

7:49

Yes.

7:50

The motion passes.

7:51

Okay.

7:53

No problem.

7:56

Okay.

7:57

Any discussion and deliberations?

7:59

Any comments from the board.

8:05

Commissioner Hardesty.

8:07

Any comments?

8:10

No, thank you.

8:11

Um, and my apologies for being late.

8:13

Thank you.

8:14

We acknowledge one last comment, one comment.

8:16

So he's not here, so in absentia, I'd like to thank uh uh former Commissioner Sal Torter Ricci for his service on this board.

8:23

Yeah, we did it last week as well.

8:25

Okay, yeah, appreciate it.

8:26

Well, I would not yeah.

8:27

Uh public forum.

8:30

I see no one here to speak on on the public forum or anyone virtual.

8:34

Can I get a motion to adjourn?

8:38

Motion to adjourn.

8:40

Second.

8:41

Second.

8:42

Meeting adjourn.

Discussion Breakdown — Share of Meeting
Procedural█████████████████████████████████████████████81%
Engineering And Infrastructure███████████19%
Summary of Proceedings

Planning and Zoning Board Meeting Summary, April 28, 2026

The Planning and Zoning Board convened on April 28, 2026, at 1:00 PM UTC to conduct routine approvals, hear a variance request, and acknowledge outgoing board service. The meeting featured housekeeping protocols for both in-person and virtual attendees, a unanimous vote on the consent calendar, and a deliberation regarding a property setback variance before adjourning.

Consent Calendar

  • The Consent Calendar was approved unanimously (MOTION PASSES) following a motion by Chair Richardson and a second by Vice Chair Galbadone, with full council support.

Public Hearings: Variance Request (Item 1)

  • Applicant Position: Albert Prada (Applicant) expressed a request for approval for the variance. He stated that he has "a lot of neighbor backing" and believes the structure is "nicely billed" and an "improvement to the property." He also expressed understanding and willingness to handle any removal or assistance required if utility work necessitates it due to the encroachment.
  • Board/Staff Position: Amy Rincohn (Director of Development Services) presented the staff report, noting the encroachment is a "five and a half foot encroachment into the rear setback" for a 320-square-foot gazebo. Staff noted a 10-foot public utility easement where the structure encroaches "six inches into that rear PUE." Staff explicitly stated they "did not find anything irregular or exceptionally out of place with this property" and "recommend[ed] denial of the variants."
  • Public Comments: No members of the public spoke for or against the item.

Discussion Items

  • The board discussed the variance request for 6317 Bald Eagle Place. Despite the staff's recommendation for denial due to the lack of exceptional irregularities or hardship regarding the property characteristics, the board voted to approve the variance.

Key Outcomes

  • Vote Tally: Item 1 (Variance Request) passed with a unanimous vote.
  • Approvals: The variance for a 320-square-foot gazebo is approved, subject to the condition that the applicant obtains encroachment agreements from utility companies and completes the building permit process.
  • Administrative Note: The Board acknowledged former Commissioner Sal Torter Ricci in absentia, though this recognition was noted as a prior week's event.

Other Business

  • Adjournment was moved and seconded; the meeting was adjourned.

Meeting Transcript

If you could please let's stand for the pledges of allegiance. Okay. A couple of housekeeping items to go over. Please silence all electronic devices while attending planning is on the board meeting. And for the record, I would take roll call by calling each plan zone and board members' name. Please acknowledge your presence by saying present. Kevin Copcher. I believe he is excused. Robadon present Andrea Atkins present. Lisa Hardesty. Lisa Hardesty. 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. Okay. Um couple more housekeeping items. In person attendees, please fill out the please fill out a speaker form if you wish to speak. Only individuals who have signed up would be permitted to speak. 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. Virtual attendees, please sign a chat message. Pretty soon chat messages to the holes or use the raise hand feature if you want to provide public comments. When I recognize you to speak, you will have the ability to enable audio and video. Okay, moving on to consent calendar. Can I get a motion to approve? Motion to approve the consent calendar is presented. Can I get a second? Second. Call the rule. Chair Richardson? Yes. Vice Chair Galbadone. Yes. Commissioner Hardesty. I'm sorry, Commissioner Hinkins. Yes. Motion passes. Okay. Moving on to public hearings, and I believe we have just one item on the agenda tonight. It is a variance. And staff contact is so Mr. Chair, I'm going to be presenting this item tonight. Okay. All right. And staff uh director, uh, Amy Ray Call. Uh good evening, uh, Mr. Chair and members of the Plenny and Zoning Board, Amy Rincohn, Director of Development Services. Uh so item number one tonight is a variance. 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. Uh so this would be a five and a half foot encroachment into the rear setback for a 320 square foot gazebo. Um so on the location map you can see um that the property is uh backs up to a major roadway. Um and so uh while uh code enforcement was out um driving down the road, they noticed that that a structure was being constructed. Um they checked to see if there was a permit, um, and they did not find a permit on file.

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