A Corrales property owner asked the village to vary its 1-acre plot size requirement, and the request was granted. Now, village administrators worry there may be future lawsuits from those who were denied a similar request.
At the May 15 meeting of the village Planning and Zoning Commission, Corrales property owner Steven Gutierrez filed a request regarding two existing plots his family owns totaling 2.93 acres. Both plots, located at 7615 Corrales Rd., are zoned agricultural and residential. The request came in for the two lots to be subdivided into three lots of .976 acres each, below the villageรขโฌโขs minimum 1-acre plot requirement.
Since 1971, the village has had a 1-acre plot requirement for all properties within the village limits to protect the agricultural integrity of the village.
According to Steve Gutierrez, who spoke at the meeting, both plots were transferred to him by his parents earlier this year. He says he would like to split the lots, one for each of his children. Gutierrez said he feels his property meets four of the conditions for a variance as required by the village.
รขโฌลThe lots in question would be just 2% smaller than the requirement. Nothing anybody would visibly notice,รขโฌย he told the commission. Gutierrez said the size difference from the requirement is just 2 feet, 2 inches.
Gutierrez told the commission the request comes as a result of his desire to continue the tradition of passing down their land to the next generation.
รขโฌลFor historical [Corrales] families, the lands are transferred to us,รขโฌย he said. รขโฌลThis whole area of land has been around for a very long time for our family.รขโฌย
Gutierrez said that his grandmother had previously had to submit deeds to replat their family land in Spanish, with deeds dating back to the 1700s.
รขโฌลThese lands have existed well before any of these rules came up in the village,รขโฌย said Gutierrez. รขโฌลOur tracts of land have grown smaller, to the benefit of the village, to the benefit of the public here.รขโฌย
Village attorney Cori Strife conceded that there is a variance provision for exceptions to the 1-acre rule. รขโฌลThere are multiple properties throughout Corrales that may not meet the 1-acre minimum, but are subdivisions that preexist the incorporation of Corrales as a village,รขโฌย she said. รขโฌลWeรขโฌโขve had the minimum 1-acre lot size since nearly when we incorporated, almost 50 years ago. Iรขโฌโขm a little afraid of the can of worms this may open.รขโฌย
There was little argument from the commissioners as to whether or not the property qualified as รขโฌลhistorical.รขโฌย
รขโฌลOur charge of course is to uphold policy,รขโฌย said Commissioner Elizabeth Marshall. รขโฌลItรขโฌโขs also to uphold the historic, cultural value of Corrales and these historic properties.รขโฌย
The commission unanimously approved the variance, requiring Gutierrez to provide a current survey of his property. Village administration has filed an appeal to the zoning commissionรขโฌโขs decision, asking the Village Council to make a ruling.
รขโฌลWe just want to make sure that the village law is followed, and in this case, it wasnรขโฌโขt,รขโฌย said Mayor Jim Fahey. รขโฌลIf this continues forward, it could open up the village to lawsuits from other requests to the 1-acre variance that were denied.รขโฌย
The special appeal hearing is scheduled for 6 p.m. July 16 at the village administration office.