Homeowners need permits for carports

The Las Cruces Community Development Department issued a reminder last week that if property owners plan on adding a carport to their home, they need to obtain city building permits first.

This followed a vote by the city council at their Dec. 4 meeting to overturn the city’s Planning and Zoning Commission and grant a variance to a homeowner on Winters Street for a carport they had already built.

The carport was reportedly constructed by a family friend without a building permit and extends 24 feet into the required 25-foot setback, leaving a single foot from the property line. The carport is also detached from the home, presenting an additional code violation.

According to city staff, the homeowner was simply unaware of the building code requirements.

In September, the Planning and Zoning Commission denied a variance request, finding it did not meet the necessary conditions; the homeowner appealed.

Taking advice from staff, and because the carport does not pose a safety risk, the city council last week overruled the commission and granted the variance, provided the sides of the structure remain open for traffic visibility, that the carport be attached to the home, and that the owner holds an encroachment agreement of use of a utility easement on the property as well as a building permit and required inspections.

A similar case came before the council in November from the same block of Winters Street. That case involved a carport built 20 feet into the 25-foot setback and over access to utility lines, also without a permit. The councilor unanimously approved a variance, overruling Planning and Zoning, with conditions.

The back-to-back appeals led Mayor Ken Miyagishima to suggest the council consider a moratorium on new carports and assess increasing penalties for violations, and for Councilors Yvonne Flores to question staff about how the public is informed about building codes and ordinances.

“…variances are determined on a case-by-case basis and any property owners or companies that install carports without obtaining the proper permits could face consequences for failing to do that,” such as fines and an order to remove the structure, the Community Development Department stated in a news release. Specifically, it reiterated that any exception to the 25-foot setback requirement must be approved through the permitting process, before construction; the same holds for any use of utility easements.