2026-10-19 - Zoning Board of Adjustment

00:00Well, this is the Zoning Board of Adjustment hearing for October 19th, 2026,

00:06with our,

00:08I guess, on my right.

00:10Ignacio Gamboso, City Attorney's office.

00:14Luis Amaro, Planning and Inspections.

00:17Luis Amaro with Planning and Inspections.

00:22Jose Bandala, Planning and Inspections.

00:28Samuel Piña with Planning and Inspections.

00:33Elisabeth Benson with the board.

00:37Kristine Lovitch with the board.

00:41Roberto Chavez with the board.

00:43Martha Aguilar with the board.

00:45Fabian Rivera with the board. Luis Estrada with the board.

00:49Gloria Clark with the board.

00:54The Zoning Board of Adjustments is now in session.

00:57Everyone, please turn off your cell phones while the meeting's in our session.

01:03Okay. So will everyone who is giving testimony

01:09today, please stand and raise your right hand?

01:15Anyone giving your testimony?

01:19Here are the cases that we have.

01:20I can't see. Is there somebody back there?

01:23Yeah. Over here.

01:24Over there? Okay. I can see. Okay.

01:28Please raise your-- Okay.

01:29I'm going to be speaking on behalf of the clients. Okay?

01:33Okay. Yes, please. Raise your right hand, anybody giving testimony. Okay?

01:38Do you-- Okay, raise your right hand, please.

01:41Do you swear to tell the truth and nothing but the truth?

01:45Yes.

01:45Great. Thank you. Please sit down. Thank you. Okay.

01:50Staff, are there any changes to the agenda?

01:55I think we can start by reading the

01:58statement, just really quick. Allow me, and then we'll go through the changes.

02:04So just for everyone here, so the Zoning Board of Adjustment of the City of El Paso

02:07is now in session for Monday, October nineteenth, 2026.

02:12This board is established under Article 211.008 of the Texas Local Government Code

02:17and Chapter 2.16 of the El Paso Municipal Code.

02:21In appropriate cases and subject to appropriate conditions and safeguards, this

02:25board is empowered to make special exceptions or grant variances to the terms of

02:30the zoning ordinance that are consistent with the general purpose and intent of the

02:35ordinance and in accordance with any applicable rules contained in the ordinance.

02:41Your application will be decided only after you have had the opportunity to present

02:45evidence before the board for its consideration.

02:48Other parties interested in your case may also be heard at this time.

02:52No consultation among board members has been held in advance regarding your case.

02:58This board does not act in an arbitrary manner.

03:02You may feel that this application of the zoning ordinance or smart code to your

03:05situation will result in a hardship to you, but this does not mean that this board

03:10has the power to grant you relief unless the facts of your case are such that the

03:15board must act on them. You may be sure full consideration will be given to your

03:20case, and following this hearing, you will be promptly notified of the board's

03:24decision.

03:27Now, Madam Chair, so we have two items on the agenda and the minutes, we have no

03:32changes.

03:35Okay. Do you want a motion to approve the agenda?

03:40Well, that's not needed since there are no changes.

03:42Okay. Thank you. Thank you. Okay, so the first item.

03:55Okay, so-

03:55So item one is ZBA-26-500034 for property at

04:001056 Francine Street.

04:05Good afternoon, Madam Chair and members of the board.

04:08This is Samuel Piña presenting on behalf of Andrew Solon.

04:13This item, item 1, is a special exception request under Special Exception B, two or

04:19more nonconforming lands. This is to legalize an existing side carport extending

04:24into both the required rear and side yard setbacks.

04:30Here we can see an image where the subject property is located.

04:34This is located south of Interstate 10 and west of Jabro Drive.

04:41Here we see the zoning district, which is predominantly R-5.

04:48Here we see an image of the site plan depicting the proposed scope of work.

04:53The applicant is seeking Exception B to legalize a side carport extending

05:00five feet into the required side yard setback and extending

05:05into the prospective rear yard setback.

05:09The whole structure has a total area of one hundred and twenty square feet and is

05:13extending in both rear and side yard setbacks.

05:18As you can see from this plan, there is a highlighted portion in yellow,

05:23which will be cut or separate from the same structure.

05:28This is to be further discussed in the next slides.

05:34So here we have the front view of the subject property, as seen from Francine.

05:43Here we have another view showing the encroachment portion highlighted in red.

05:52Here we have a side view showing the yellow portion to be cut from this existing

05:57structure. As previously stated, this portion is to be cut to maintain the

06:02remainder of the carport and convert the other portion to an accessory structure.

06:11Here we see an aerial photo with other properties that are nonconforming.

06:17These are shown in blue. The subject property is highlighted in yellow.

06:23Here we see an image of 1033 Francine.

06:26As you can see from this image, there is a carport with a two hundred and

06:30thirty-nine square foot encroachment extending into the five-foot side yard

06:35setback.

06:37And here is another image of 1085 Francine.

06:42This same property also has a carport with a two hundred and five square foot

06:47encroachment extending into the five-foot side yard setback.

06:53Notices were mailed to property owners within three hundred feet on October eighth

06:58of the present year.

07:00The planning division has not received any communication in support or opposition

07:05to the request, but not included in the packet is just one call of inquiry

07:11to the exception request.

07:17And with that, staff recommends approval of conditions of the special exception

07:22request. The conditions are the following,

07:26that the carport shall remain open on three sides and that a five-foot

07:32portion of the side carport shall be detached, as previously discussed, in order

07:38to comply with zoning requirements. This concludes my presentation. Thank you.

07:44Thank you. Does the staff have any-- I'm sorry, does the board have any questions

07:48for staff?

07:50No questions? I have a question.

07:57So you're extending the porch five feet?

08:00Is that what that is?

08:02So I can pull up the presentation?

08:10Hmm.

08:12Okay.

08:14Yeah.

08:16So yes, originally the request was to legalize this whole carport that you can see

08:21on screen, which pretty much extends into both the required side and rear yard

08:27setbacks.

08:29The conditions that are imposed are to pretty much

08:34take a portion out of this structure, a minimum of five feet at most, to pretty

08:40much separate this existing structure into

08:45the remainder of the carport and then the accessory structure, as you can see.

08:52Okay. Any other questions for the board?

08:55Can we see that picture of the actual carport again?

09:01This one?

09:04So it didn't already exist

09:12I believe those are the current conditions of the property, so it's already

09:16existing.

09:26What would the following next?

09:33Thank you.

09:34You okay? Okay. Is the applicant or representative present to

09:40respond to comments or questions?

09:43Madam Chair, can you unmute your-

09:45Okay, I'm sorry.

09:47Can you press-

09:49Is the applicant... Thank you. Is the applicant or representative here to respond

09:54to comments or questions from the board?

09:57Yes.

09:57If you are, okay, would you please state your name, please?

10:02Cesaro Gonzalez.

10:05Okay. Any questions from the board?

10:11Elizabeth Thurman for the board. What are the accommodations for runoff of rain?

10:18What are the accommodations for runoff?

10:20Mm-hmm. If it's right on the property line,

10:25then where's the rain going? Is it going in the neighbor's yard?

10:33No.

10:35I believe it's... Can you pull up the image of...

10:47I think it's a flat.

10:49I think it has probably

10:53an eighth of an inch of slope going towards the inside, not towards the neighbors.

11:03I will need to verify that.

11:11Somebody has their hand up back there.

11:16It's the owner.

11:17The property owner.

11:19Oh, okay.

11:19Are you the owner?

11:21Yes.

11:21Okay.

11:23Okay. Could you please come up to the microphones?

11:26You're talking about the what? It was-

11:29Please, on the microphone.

11:31Come to the-- Yes, introduce yourself, please.

11:36Excuse me. Oh, I'm Carmen Falcon, and I don't speak English so I

11:42don't speak English very well. The water is, the

11:45techo. Because the roof is like that.

11:51The water is to the back and to the front. It's like that.

11:57El techo del what?

11:59El techo del driveway. The driveway is like that.

12:07Because the water is going to run to the back and to the front.

12:13It's like that. A little bit like that.

12:18Okay. Thank you.

12:19Thank you.

12:20Thank you. Yes. Is there anyone here or on the phone that would like to speak on

12:25this item? If you are on the phone, please press star six

12:31to unmute yourself.

12:36There's nobody there? No? Okay. Okay. Any other questions from the board?

12:43No. Okay. May I entertain a motion?

12:53If I'll relay with the board, I make a motion to approve with the staff's

12:57conditions.

13:00I second that.

13:02Okay. All those in favor?

13:05Aye.

13:06All those opposed?

13:09Great. Okay. Thank you.

13:13Motion passes.

13:13Motion passes.

13:16Thank you.

13:23Okay, next. Item two.

13:29Next item is EZVA 26-00047 for 3716

13:35Hamilton Avenue.

13:39Good afternoon, Madam Chair, members of the board.

13:42Jose with Development Planning and Inspections.

13:44So this next item is, again, for 3716 Hamilton, and this

13:50is a request for Special Exception K, in existence 15 years or more, and this is

13:56to allow to legalize an existing structure that's encroaching into the side yard

14:01setback.

14:04So here is just an

14:06aerial image of the property as located on Hamilton.

14:09This is just east of Copia Street.

14:13And the current zoning for the property is R4 residential, as is the majority of

14:19the surrounding area.

14:23So as mentioned, this is a request for Exception K, in existence 15 years or more.

14:28And as you can see on the site plan,

14:32showing the existing conditions of the property.

14:34Shown in red is the encroachment area that's being requested as part of this

14:39special exception request. We have a little over 137 square feet of encroachment

14:45into the five-foot side yard setback.

14:50Just below the red area, shown in orange, is an existing structure, an additional

14:54existing structure, that will be removed in order to comply with this request.

15:01So this is the image of the subject property, and we're going to be looking at the

15:05right side.

15:07So this image shows the encroachment of the structure into the side yard setback,

15:12again, a little over 137 square feet.

15:15And as you can see in this image, so this was taken from the rear looking towards

15:21the front,

15:23just to provide an alternate angle.

15:28And as mentioned earlier, the existing structure on the side, which is this canopy,

15:32will be removed in order to comply with this request.

15:38So here is just the aerial image from 2010, and again, this is evidence that the

15:44encroachment area was existing prior to the current ownership and has existed for

15:49at least 15 years.

15:54And public notices were sent out on October 8th of this year, and the Planning

15:58Division has not received any communication in support or opposition.

16:02This wasn't mentioned in the staff report that there were two phone calls of

16:06inquiry that were done recently in the past couple of days.

16:13And to conclude, staff does recommend approval of the request as it does comply

16:16with all of the criteria.

16:20That being said, that concludes the presentation. Thank you.

16:23Thank you. Does the board have any questions for the staff?

16:29I do, again.

16:31So the canopy was removed in order to grant this,

16:37I guess, exception? Or did we force the resident to remove that canopy?

16:41So to the beginning of the presentation?

16:43Yeah.

16:45So yeah. So this is the structure in question.

16:49As you can see, it is also encroaching into the side yard setback.

16:51However, there was no criteria in order to be able to legalize that encroachment

16:56area, so it will be removed, which will assist in

17:02complying with the request.

17:04Okay. Thank you.

17:06Thank you.

17:06Is the applicant-

17:07Oh, hi. Gloria Clark, I have question.

17:10Okay, so basically, they're removing this canopy, but where's the new existing?

17:16Is it going to supersede this portion?

17:20Yeah, the encroachment area that's existing, it's right behind-

17:24So it's going to be behind the yellow?

17:25Yeah. So that's the encroachment area currently in existence.

17:30Just this angle here, you'll see on the right side, just behind the canopy to be

17:34demolished.

17:35Can you go back to the red portion? Okay, so it says encroachment, so are she going

17:40to bring it all the way back up to where those windows are, kind of?

17:44Or it's just going backwards?

17:45Just to clarify on the request. So what's being requested is to legalize the garage

17:51that's in the back.

17:52Oh, okay.

17:52So this image, what it's showing is the portion of those five feet on the side that

17:58the garage is encroaching right now.

18:00Right.

18:02So I think what staff was saying about the canopy is it cannot be legalized.

18:07So they're going through Special Exception K, which is 15 years or more in

18:11existence. The canopy is something more recent that the property owner did.

18:17And then even though staff did work with the applicant to find out a way to try to

18:22legalize that so they could keep the canopy, it just doesn't meet any of the

18:27exceptions.

18:29So that's why the canopy is required to be removed in order for them to legalize

18:34the garage.

18:35Okay. Thank you. Yes. Very clear.

18:39Members, any other questions?

18:41No. Okay. Is there an applicant? Is the applicant or representative here to

18:47respond to the questions or comments from the board? Please state your name.

18:53Thaiya Ramos.

18:54Okay.

18:56Any questions from the board?

19:01No. Okay. No? Okay. Okay. Is there anyone on the

19:07phone? If you are on the phone, can you please press star six

19:13to unmute yourself?

19:16There's nobody?

19:18There's nobody. Okay. So there's no questions.

19:24Is there anyone in the public that would like to speak on this item?

19:28Okay. Would you please come up and introduce yourselves?

19:32Please come up and introduce yourself.

19:36My name is Luisa Elvia Gordina, and I was invited to this meeting

19:42because I got a letter saying that I could be affected

19:48by this

19:50request.

19:54We are

19:56neighbors through the callejón

20:00in the back, and I don't know how will this affect me.

20:05I still don't see in the pictures that there can be an inconvenience for me.

20:10So I do agree with this, because it's no difference for me.

20:15Anyway, thank you for making me part of it.

20:19Thank you for being here. Thank you. Any questions from the board?

20:25No. Okay.

20:28May I entertain a motion?

20:32I make a motion, Gloria Clark.

20:35Just recommendation. The city planning recommendation.

20:40Okay. Thank you. Do I hear a second?

20:43Christine Loveridge. I second the request to approve with staff's recommendations.

20:48Okay.

20:51So, all those in favor?

20:54Aye.

20:55All those opposed? No. Thank you. Thank you for being here.

20:59Motion passes.

21:03Thank you.

21:08Thank you for being here.

21:10The minutes. Is that-

21:10The minutes, yes.

21:14Do I hear a motion to approve the minutes?

21:20Roberto Chavez. I move to approve the minutes.

21:25Do I hear a second?

21:26I second. Luis Estrada.

21:28Okay. Thank you.

21:32Do I hear

21:34any other comments or questions?

21:38Did everyone vote?

21:39I'm sorry. We have to vote.

21:41All those in favor?

21:43Aye.

21:44Aye.

21:44All those opposed? No. Okay, passed.

21:47Yeah, motion passes. Thank you. Before we conclude this meeting,

21:54first of all, I have a couple of things I'd like to point out to everyone here.

21:59It was a short meeting, so thank you. I know we have a couple of new appointments.

22:06Unfortunately, they're not that new. There's no new people. So we have Martha, Ms.

22:12Martha Aguayo, who has been reappointed as an alternate member, and then we

22:17technically have Ms. Gloria Clark back as well, who was appointed as regular board

22:22member. So just to keep everyone informed.

22:27Another couple of other things is for the next meeting, we're getting into

22:32November, obviously, next month.

22:35There's a couple of things that happen in November.

22:38One of them is

22:40election of the chair and vice chair.

22:44So I know Martha is

22:47looking for someone else. So just FYI, we encourage everyone, if you can attend, so

22:53we can always be here and decide, so somebody else doesn't decide for you.

23:00So just be aware of that. The other thing that happens next month is going to be

23:06adopting a new calendar for next year. We still need to figure out the dates.

23:12I'm not sure if it's going to be ready, but that's something that typically happens

23:16in November. If it doesn't happen at the beginning of November, I think we have

23:20another meeting, and I think it's going to be the last one at the end of the month

23:23in November.

23:25But that's another thing that's going to happen, is we're going to be adopting a

23:29new schedule for next year. Okay.

23:32And then obviously you're not here, obviously we're going to share it with you once

23:37it's adopted.

23:39So do we still have a meeting for November, or you're not sure yet?

23:43Yes, so I believe it's in two weeks. We have one or two.

23:47Do you have a date?

23:48So we have two meetings in November, at the beginning and at the end.

23:53We don't have one for December because of how the dates are.

23:56So the last one in November is going to be the last of the year.

24:00Okay. Luis, how many members do we have, board members do we have right now?

24:05I'm not sure, but we can follow up with everyone later.

24:09Okay.

24:10I'll try not to go off topic because otherwise he'll jump in.

24:16Okay.

24:16But yeah. No, I think that's it.

24:18Okay. Thank you, everybody.

24:21Thank you.

24:22If-

24:22Thank you

24:23... I know you need to vote to adjourn, but...

24:26Yeah, we need to adjourn at, what, 1:50, 1:55? Thank you, everybody.

24:37Can we just have a

24:40vote on, yeah, motion to adjourn?

24:43Christine Loveridge. I move to adjourn.

24:45Oh, sorry. Did you need to call out first?

24:46I second.

24:48That was intended... Sorry, who first said? I think you- Gloria Clark.

24:52I make a second.

24:56All those in favor of adjourning the meeting?

24:58Aye. Aye.

24:59Anybody opposed?

25:02Thank you. Thank you, everybody.

25:04Meeting adjourned at 1:56 PM.

25:061:56. Thank you. We did it