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Board approves special exception to legalize 578.45-sq.-ft. rear-yard encroachment at Los Cerritos
Summary
The board granted a special exception to legalize a rear-yard encroachment of 578.45 square feet at 5708 Los Cerritos, finding evidence the encroachment predated current ownership and exceeded 15 years.
The Zoning Board of Adjustment of the City of El Paso approved a special exception on Sept. 8 to legalize an existing rear-yard encroachment of 578.45 square feet at 5708 Los Cerritos, based on staff presentations including historical imagery and absence of opposition.
Blanca Perez of Planning and Inspections presented site plans and photos showing the home extending about 11.5 feet into the required rear-yard setback in an R-3 residential zone. Staff said aerial images from 2002 show the encroachment predates the current owner and that the property has existed in that condition for more than 15 years, a basis for the special-exception request (Special Exception K). Notices to nearby property owners within 300 feet were mailed Aug. 26, 2025; staff reported no communications in support or opposition as of the hearing.
Ray Marquez, the designer on the case, told the board the owner had not been aware of the encroachment and that they planned to keep any future additions within the 10-foot rear-yard requirement. With no public speakers and no contested objections, a board member moved to approve staff’s recommendation and the motion passed.
Approval legalizes the 578.45-square-foot encroachment as an existing, long-standing nonconformity. Staff noted future additions will need to comply with the applicable setbacks and permitting.
