Eagle Pass board denies variance for carport at 2143 Foxborough Drive

EAGLE PASS, Texas — The Board of Adjustments and Appeals on Sept. 3 denied a variance request that would have reduced the required 25-foot front-yard setback to 7 feet at 2143 Foxborough Drive to allow construction of an attached carport, voting 4–0 with one abstention.

The applicant, Dr. Alberto Aguayo, told the board his house is the lowest lot in the Foxborough Subdivision and has flooded multiple times. “This cannot keep happening,” Aguayo said, describing recent storms that left water in his garage and damaged vehicles. Neighbors and colleagues said the carport was sought in part to protect vehicles used for emergency medical calls.

City planning staff outlined the legal constraints governing the request. The property is zoned R-2, which requires a 25-foot front setback, and the recorded plat includes a 15-foot front utility easement inside that setback. Staff cited Section 23.11 (variance criteria) and the city zoning ordinance (section 6(c)(1) covering front-yard depth for R-2) and told the board the plat also contains a note stating “no variances to the city of Eagle Pass subdivision ordinance.” “Our ordinances are pretty clear that front setbacks are to be met at 25 feet and utility easements also to be respected,” planning staff said during the presentation.

Several residents spoke in support of Aguayo. Resident Miguelito Barrias said flooding in the neighborhood has recurred for years and described repeated damage at the applicant’s property, calling the situation “a pretty much a tragedy” when heavy storms arrive. Miguel Valencia, a nurse anesthetist who said he works with Aguayo at Fort Duncan Hospital, said timely access to the hospital matters: “If there’s a heavy rain, we need to be prepared,” he said, urging the board to consider impacts on emergency responders.

Board members and staff noted a distinction between municipal zoning authority and private plat restrictions. Planning staff told the board it can consider variances from the city zoning ordinance but cannot override privately recorded plat restrictions placed by the developer. Staff also described city work to address neighborhood drainage, including hiring a new city engineer and acquiring land downstream to develop a regional detention pond, but could not provide a definitive construction timeline.

After public comment and staff discussion, a board member moved to deny the variance; the motion was seconded and approved. The vote was recorded as four members in favor of denying the request and one abstention (Ernesto Fuentes). The board’s action means the applicant may pursue remedies outside of a zoning variance (for example, relocation of the carport to nonrestricted area or private agreement with the developer/homeowners association), but the board did not direct staff to take additional regulatory action at the meeting.

The board adjourned after the vote.