El Paso Zoning Board approves five setback exceptions, postpones one carport case

At a meeting of the El Paso City Zoning Board of Adjustment, board members approved five special-exception requests to legalize existing structures that encroach into required setbacks and postponed one request involving a proposed carport relocation after the motion failed to reach the seven affirmative votes the board requires for approval.

Staff presented six agenda items involving requests to legalize or approve additions, porches and carports that encroach into front, side or rear yard setbacks. Blanca Perez of Planning and Inspections introduced the first case and recommended approval, saying the proposal would “result in an encroachment of approximately 481 square feet” for a rear-yard addition and that staff “recommends approval of both exception requests.” Similar staff presentations for the other items described the location, the recorded encroachment area, notice to nearby property owners and staff conditions where applicable.

The board approved items 1, 3, 4, 5 and 6. Approvals were made by motion and voice vote; staff records show notices for each property were mailed to owners within 300 feet. For each approved item staff recommended conditions in some cases: item 2 (the Los Moros carport case) was the only case not finally approved; after an initial voice vote the board determined the zoning code required seven affirmative votes to grant the requested relief and the motion ultimately failed for lack of the required seven yes votes. The board then voted to revisit (postpone) that case to a future meeting.

During discussion of item 2, several commissioners raised concerns about consistency and neighborhood precedent. Commissioner Gloria Clark asked whether properties cited as nonconforming nearby had been legalized; staff clarified some had not been legalized and that Planning and Inspections passes lists of nonconforming properties to Property Maintenance/Code Enforcement for follow-up. Commissioner Clark said the board should consider each case on its merits but noted the practical reasons residents install canopies, adding, “we’re in El Paso. It is really hot. People wanna protect their assets, their cars.” Staff reiterated that permitting is the mechanism to verify safe construction and that approval of a special exception does not substitute for required permits or building-safety checks.

Applicants and representatives spoke on items where they were present. On the Los Moros carport case (item 2), applicant Sarai Perez Gallardo described the hardship and said the carport protects vehicles from hail and dust. She said the contractor did not pull permits initially and the family is now seeking to legalize the structures. For other items, applicants or representatives answered board questions about utilities, the presence of other nonconforming lots on the same block, and the duration the structures had been in place.

Summary of outcomes (by agenda item as presented): - Item 1 (property south of Country Club, rear-yard addition and pergola + accessory structure): staff recommended approval; board approved the special exceptions. - Item 2 (1024 Los Moros — two carports / relocation into front setback): staff recommended approval with a condition; the board initially moved to approve but later determined seven affirmative votes are required for approval under the board’s rules, the motion did not reach the required seven yes votes and the item was left to be revisited/postponed to a future meeting. - Item 3 (2921 Prestwick Road — proposed 200 sq. ft. rear-yard encroachment): staff recommended approval; the board approved the exception. - Item 4 (6260 Fabian Street — covered porch encroaching 4 ft. 1 in): staff recommended approval with a condition requiring gutters/downspouts to retain rainwater on site; the board approved with the condition. - Item 5 (7158 North Loop — building encroaching into side-yard; existing for approx. 22 years based on aerial imagery): staff recommended approval with a condition to remove or relocate a front deck structure from the 10-foot side setback; the board approved with the condition. - Item 6 (249 Pyrite Drive — carport encroaching into front setback): staff recommended approval; the board approved the exception.

The board closed the agenda after confirming minutes and reminding members about upcoming term expirations and quorum requirements. Staff said notices for these items were mailed on 07/31/2025 for items where that date was recorded, and staff will verify permit compliance at time of permitting for approved projects.

The board’s actions legalize existing encroachments in multiple neighborhoods and leave one relocation case for further review; applicants who receive exception approval must still obtain required building permits and comply with conditions attached to approvals.