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Board legalizes multiple setback encroachments at 916 South Ochoa
Summary
Planning staff recommended and the board approved two exceptions to legalize existing encroachments at 916 South Ochoa, including a 435 sq. ft. rear encroachment and multiple preexisting side and front encroachments dating more than 15 years; the owner agreed to staff recommendations.
The El Paso Zoning Board of Adjustment on Aug. 10 approved two special exceptions to legalize existing encroachments at 916 South Ochoa. Planning staff described the requests as Exception B (to legalize a 435-square-foot rear encroachment) and Exception K (to recognize multiple preexisting encroachments that have existed for at least 15 years), and recommended approval based on eligibility criteria.
Jose Biltan of Planning and Inspections presented aerial photos and site plans showing encroachments into the front, side and rear setbacks. He told the board there were comparable properties nearby with larger encroachments that supported eligibility, citing "907 Regina Street with 965 square feet of encroachment, and 917 Regina Street with 480 square feet." Biltan said notices were sent July 31 and the department had received one inquiry but no formal opposition.
The property owner spoke and indicated agreement with staff recommendations. Board members asked clarifying questions about the location and nature of the addition; staff explained that because nonconforming elements exist, the owner must legalize them before pulling new permits. A board member moved to approve per staff recommendation and the motion passed by voice vote.
The board recorded the exceptions as approved; the owner and staff will follow the standard process for legalization and permitting.
