Historic Landmark Commission orders compliance at 2013 Wheeling Ave., gives six months to restore living ground cover

The El Paso City Historic Landmark Commission voted to require the parkway at 2013 Wheeling Avenue be brought into compliance with the Manhattan Heights design guidelines within six months and to withhold any permits until the entire property meets the commission’s standards.

The action followed a reconsideration of an after-the-fact paving and site-work permit for the contributing, 1920-era house in the Manhattan Heights Historic District. Preservation staff presented photos showing the front yard and parkway largely covered with paving and little remaining living ground cover; staff told commissioners the property does not meet the guidelines and cited city code requiring a certificate of appropriateness for exterior alterations in designated historic landmarks.

The preservation officer, identified in the meeting as Provi, told commissioners the guidelines require no more than 50% of a front yard or parkway section to be covered by impervious materials and that the two 50% tests apply separately (50% of the yard and 50% of each parkway section). “The living ground cover just means it has to be planted into the ground. So you can’t plant it into a planter and call it a 50% living space, green space. It has to be in the ground,” Provi said, describing how staff credits mature plant size when assessing compliance.

Preservation staff reminded the commission that the site had been before the commission in December, when the body approved staff recommendations and set a deadline for removal or alteration. Staff said the owner later requested another hearing because he believed he had not needed to appear at the December meeting and wanted the chance to speak. The property owner’s representative and a family member attended. The owner’s son, Renee Diaz, asked clarifying questions about what qualifies as living ground cover and whether trees or stone planters would count toward the 50% requirement: “I just want to know … how big of a volume would the vegetation have to be in order to complete the 50%?” he asked. The preservation officer replied that plantings must be in the ground (not only in raised planters) and that staff can verify a proposed planting plan.

Commissioners discussed possible accommodations, including phased compliance (completing the upper portion of the yard first and giving additional time for the remainder), partial removal strategies to create a 50/50 ratio, and extensions based on demonstrated hardship. The property owner’s representative told the commission the owner believes the replacement was “in kind” and that he was unaware of the requirements; staff confirmed property owners receive a notice by mail after decisions are made.

After discussion, a commissioner moved that the parkway be required to comply within six months and that no permits or approvals be issued until the entire property is brought into compliance. The motion was seconded and the commission voted in favor; the motion passed. The commission did not record a roll-call vote in the transcript; audible affirmative responses were recorded and the chair declared the motion passed.

The commission also handled non-substantive agenda housekeeping earlier in the meeting: an item for 1300 Hardaway Street was withdrawn and item 21107 Myrtle Avenue was moved to consent, but those items were not debated at length.

What the action requires and next steps

- Required remedy: remove or alter paving so that at least 50% of the front yard and 50% of each parkway section are covered with living ground cover (trees, shrubs or groundcover planted in the ground) per the Manhattan Heights/El Paso design guidelines. - Deadline: six months from the date of the commission’s action. - Permits: staff will not issue permits or approvals for the property until the commission’s compliance requirement is met. - Staff assistance: Preservation Office staff offered to review hand-sketched planting plans to help the owner achieve the required coverage.

The preservation officer noted water use and desert-climate concerns are familiar in the district and that past guidance has accepted drought-tolerant plantings and mature-plant credit when measuring coverage, but the core requirement remains living ground cover planted in the soil rather than exclusively in raised planters. The commission did not adopt any change to the city code or the design guidelines; staff and commissioners described the action as enforcing the existing certificate-of-appropriateness requirement for designated historic landmarks.

No additional enforcement timeline or fines were specified in the recorded motion; staff referenced the earlier December decision and the existing violation notice as the basis for the commission’s reconsideration. The owner or their representative may return to staff with a planting plan for verification.