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ZBA approves small side-yard encroachment at Apodaca Place after owner provides building history
Summary
The Zoning Board of Adjustment approved a special exception to legalize a 19.72-square-foot side-yard encroachment at 316 Apodaca Place after staff showed the encroachment appeared in 2009 imagery and the owner provided an original 1979 building card.
The El Paso Zoning Board of Adjustment on Sept. 8 approved a special exception to legalize a 19.72-square-foot encroachment into the side-yard setback at 316 Apodaca Place after the owner supplied original building documentation and staff presented historical aerial imagery.
Planning staff presented the site plan and a 2009 aerial image showing the encroachment, and recommended approval of Special Exception K. Property owner Gustavo Loy told the board the house was built by his father and provided an original 1979 building card showing the city’s final approval. Loy said he had a recent survey done after a family deed transfer and discovered the small encroachment; he asked the board to legalize it to avoid future title or property-line issues.
No public comments were offered in opposition and staff reported no notices of concern. A board member moved to approve staff recommendations and the board voted in favor. The approval will be recorded in the property file; staff noted that future work must comply with applicable setbacks and permitting.
The owner said the intent of the request was to regularize the property record after a survey and to prevent similar issues for future owners.
