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Zoning board approves variance to legalize 121-sq.-ft. carport encroachment at Matterhorn Drive
Summary
The El Paso Zoning Board of Adjustment approved a special exception to legalize a 121-square-foot carport encroachment at 9139 Matterhorn Drive, subject to conditions requiring removal or relocation of accessory structures, canopy and lattice work.
The Zoning Board of Adjustment of the City of El Paso on Sept. 8 approved a special-exception request to legalize a 121-square-foot encroachment created by a carport at 9139 Matterhorn Drive, with staff conditions requiring modifications to several accessory structures.
The vote came after staff from Planning and Inspections presented aerial maps, site plans and photos showing the carport encroaching into the side-yard setback in an R-4 residential zone. Andrew Giraldi of Planning and Inspections told the board the applicant asked to legalize the existing carport and showed other nearby nonconforming lots with larger encroachments. Blanca Perez and other staff noted notices were mailed to property owners within 300 feet on Aug. 28, 2025, and no communications in support or opposition had been received by the planning division.
In recommending approval, staff proposed conditions requiring: modification, relocation or removal of an accessory structure in the rear easement; removal of the canopy connecting the main structure and accessory; removal of lattice connecting the carport to the fence; and relocation or removal of an accessory structure near the sidewalk. The property owner, Enrique Gutierrez, told the board he agreed with staff’s recommendations and said he would comply with required permits.
Board members asked staff to point out the accessory structures referenced in the conditions and discussed utility locations in the older subdivision. With no public opposition present, Commissioner Jorge Leon moved to approve the request with staff recommendations; the motion was seconded and the board approved the case.
The board’s approval legalizes the existing carport encroachment but requires the owner to alter or remove specified accessory elements and to obtain the necessary permits before construction or reinstallation. The case file will include the conditions described by staff and documentation of the changes once completed.
