Plan Commission - Regular Meeting

Everyone, two more minutes. Okay. All right. We need to wait two more minutes. All right, we're ready to begin. The zoning board of adjustment is now in session at 1:32 p.m. on December 8th, 2025. Everyone, please turn off your cell phones um during the meeting. We don't want those going off during the

meeting. And staff, can you please read the opening statement? The zoning board of adjustment of the city of El Paso is now in session for Monday, December 8th, 2025. This board is established under article 21.008 of the Texas Local Government Code and chapter 2.16 of the El Paso Municipal Code. in appropriate cases and subject to appropriate conditions and safeguards. This board is empowered to make special exceptions or grant variances to the terms of the zoning ordinance that are consistent with the general purpose and intent of the ordinance and in accordance with any applicable rules contained in the ordinance. Your application will be decided only after you have had the opportunity to present evidence before the board for its consideration. Other parties interested in your case may also be heard at this time. No consultation among board members has been held in advance regarding your case. This board does not act in an arbitrary manner. You may feel that this application of the zoning ordinance or smart code to your situation will result in a hardship to you. But this does not mean that this board has the power to grant you relief unless the facts of your case are such that the board must act on them. You may be sure full consideration will be given to your case and following this hearing, you will be promptly notified of the board's decision.

All right. Thank you. Uh board members and staff, please introduce yourself starting from my right. Good afternoon. Uh Francisco Mahia, senior plans examiner with building permits and inspections. Luis Samura with planning and inspections. Andrew Salum with planning and inspections. Elizabeth Thurman Binkson with the board.

Christine Lage with the board. Heidi Aition with the board. Martha Aguayo with the board. Justin Bass with the board. With the board. Gloria Clark with the board. Sai go with the board. Pettis with planning and inspections.

With planning and inspections. Sign planning and inspections. All right. Well, everyone who's giving testimony today or who might speak in front of the podium, please uh stand up and raise your right hand. Anyone who might speak, please. All right. Do you swear to tell the truth and nothing but the truth? All right. Thank you. Staff, are there any changes to the agenda?

Yes. Good afternoon, board members. Andrew Salum with planning and inspections. Then yes, we do have one item that's changed on the agenda. Staff is requesting item number two, PZBA 250037 to be deleted. And this is for the property located at 6530 Mohawk. Again, to be deleted. Other than that, no no further changes.

All right. Seeing there's a change to the agenda, do I have a motion to approve the revision? Christine Leverage. I move to approve the revision. I have a motion. Do I have a second? I have a motion. Sorry. I have a motion and a second. All those in favor? I. Anyone opposed? All right. The motion has been revised or sorry, the agenda has been revised. All right. With that, we'll move on to the first item, which is board member elections. Good afternoon, Mr. Chair and board members. So, item the first item for today is the uh officer elections. Uh so, as you may know, every year we have to go through uh getting a new well depends not necessarily new, but uh appointing a a chair and a vice chair for the entire year. Um technically, I know Mr. pass. You're the chair right now. So, we have to go through this. Uh, and then so this time is for all of you to kind of decide on if anyone wants to run for it. Uh, you know, you all can tell everyone else. Uh, you would like to be appointed as chair or vice chair. Um, and then we'll go through this election really quick right now to start the continue the meeting. So I move we um appoint Justin sorry my brain appoint Justin as chair and can I mix it and Martha Guo as vice chair again.

Can I mix that? Sure. I go ahead to Mr. Sherry if I guess to continue the the motion. I guess I have a motion. Do I have a second? Heidi, do you have petition with the board? I second. All right. Now that I have a motion and a second, all those in favor?

I. Anyone opposed? I don't know if I vote for myself, I guess. Well, I guess do you accept is the question? Yes, I accept. Okay. Okay. So, just to for clarification, it's obviously appointment for Mr. Mr. Justin Bass as chair and Miss Marta to buy share. Okay.

All right. That's it. Thank you. That's it. Motion is approved. Now we move on to item number three, PZBA 250040.

Good afternoon, chair, members of the board. Sulina with planning and inspections. Item three on the agenda is a special exception request for the property located at 11749 um Riverstone Drive. The applicant is requesting special exception B to allow to legalize existing additions and coaching into both the required sideyard setbacks and reyard setbacks. Here we see an aerial image of the subject property um highlighted in yellow. Here we see um the zoning map. Um the zoning district for the property is predominantly um R five and R R five residential. Here's an image of the site plan um depicting the layout of the property. Um, the applicant is requesting special exception B to allow to legalize a 448 square foot enclosed addition shown in red and to the top right encroaching 323 square ft into the required 19t rear yard setback and 125 square ft into the 5 foot sideyard setback. The following structures as depicted on the site plan um shall be modified or removed to comply with exception B requirements. Uh structure A uh shown in purple um this 374 square foot attached shade encroaches 190 square ft into the 5 foot sideyard setback. The 60 square foot storage shed uh shown in red and connected to the shade encroaches to 30 square feet into the 5-ft sideyard setback. Structure B canopy. Um this 156 square foot structure is to be maintained uh without

changes. Uh please note that uh in order to maintain um this canopy or accessory structure a 35 square foot portion uh will be removed. Um structure C uh shown in uh yellow and on the top. Uh this 220 square foot of structure encroaches 220 ft into the required 19t rear yard setback. This shall be removed as indicated on the site plan. Um and uh structure E right shade and storage shed. Uh the 170 square foot combined structure which comprises of um a storage shed and shade encroaches 170 square ft into the 5-ft sideyard setback. The structure shall be removed. Here we have the front view of the subject property um as seen from uh Riverstone Drive. Uh here we have a picture of the subject property with the area uh shown in purple and the area to be removed in yellow. Um the area shown in purple uh is in question as the applicant would like to maintain uh that same structure intact. Um the next slide will begin with the purple area located to the left of the property. So here is the first picture showing the area in purple as indicated by the image uh on the right. The left shade encroaches 190 square ft into the 5ft sideyard setback. Here is another photo of the of the encroachment from a different angle as indicated on the photo to the right.

Looking at the left side and into the property. Here we have the picture of uh the purple area or shade with a storage shed shown in red and encroaching 30 square feet into the 5 foot sideyard setback. the storage shed. The encroachment of the storage shed complies with exception B requirements. Here's another photo of the encroachments from a different angle as indicated in the on as indicated by the image on the right. From the 374 square uh feet structure, 91 square feet encroaches into the required 19 ft rear yard set. Additionally uh as you can see from this image uh it is the 190 square foot shade is also visible. Here we have the same picture previously referenced but this time uh we will focus on the area to the right which shows the portion to be removed. So looking at the right side and into the property. Um here we have uh the picture of the yellow area comprising of a shed and a shade structure. Uh the shade structure encroaches 150 square feet into the five foot sideyard setback while the storage shed as seen at the middle of this picture uh is encroaching 20 square ft into the five foot sideyard setback. This combined structure is to be removed by the applicant. Here's another photo of those same encroachments previously referenced from a different angle. and as indicated by the image on the right.

And now looking at the right side and um into the rear of the property. Here is a picture of the addition encroaching 125 square ft into the 5 foot sideard setback. And here's another picture of the same addition encroaching 323 feet into the 19 ft required rear yard setback. Shown on top is uh structure C or shade which has a 220 square foot encroachment and is to be removed by the applicant. Here we see an image with properties or non-conforming properties encroaching into both the rear and sideyard setbacks. These are highlighted in blue. Here is an image of 1174 Riverstone Drive which has a rear yard encroachment of 281.62 square ft extending 20 extending to the 20 foot rear yard setback. Here is another picture of 11776 Riverstone Drive. And in this picture, uh, we can see a structure encroaching 457.72 square ft into the 20 foot require yard setback. Here is another picture uh showing um 35 um 37 Riverstone Drive which has uh a side encroachment of 206.29 square ft. Uh here's another photo of 3549

Riverstone Drive showing a 125.10 10 square foot sideyard encroachment. Um notices were mailed to property owners on November 24th of uh the present year. The planning division has received four signatures in support, one call in opposition and one call of inquiry to the special exception request. And with that um these are the conditions. Um it is recommended approval uh with the following. That the shade A be modified or removed from the left sideyard setback to comply with um some new requirements for El Paso city code. That the shade E and storage shed located on the right sideyard setback removed as indicated on the site plan. Um this condition uh condition number three is requested to be amended and should read the following. That uh shade C located in the rear of the home be removed as indicated on the site plan and that the rear addition be modified to not exceed 280 square ft and not to exceed a 17t rear setback. And in summary, uh this is an image showing all the uh conditions uh recommended uh to comply with uh this exception request. These are noted uh in several colors. Purple is to remain as per the applicant. Uh yellow is to be removed as per the applicant and red is uh to be requested the setback to be modified. This concludes my presentation. Thank you.

All right. Thank you. Uh, does the board have any questions for staff? I'm sorry. Elizabeth Thurman Binkson, would you go back to the slide the second from the last that one? the conditions or the site plan

the the one that calls out what's to be done and points to the the drawing. Yeah. Thank you. So I guess in summary I would like to just to point out right that uh the structures in yellow uh those are to be uh removed. Um ex uh structure B is to be maintained as all the yellow portions surrounding it will be removed and will uh hence uh remain as an accessory structure. Um the applicants would like to request and see per uh CBA's decision if struct the purple structure is to remain and the main request here is all the structure shown in red

we have a hot mic somebody on the mic. I have a question.

Oh, Martha Aguayo, the person that opposed, are they here or are they on the phone? Uh, I'm not sure if that person was going to be present or attending through the phone. Um it was mentioned that that we're concerned about storm water going off uh through um the adjacent property. Um seen on this image if I might Mr. Chair. Uh so right now we're obviously we're still with staff. We can continue with the applicant and then to the public if

Okay. See if there's anyone else. Thank you. So I have a question. Um, on the other non-conforming properties that you pointed out, were have any of those been before the ZBA before or are they just legal non-existent or legal non-conforming, I guess?

Yes, all properties are uh non-conforming. Um, they don't have permits and uh there hasn't been any active or previously approved CBI cases. All of these uh properties they do have either encroachments um on the rear encroach other properties do have encroachments on both sides and there's other a few of them here listed not that are not part of the request but that do have encroachments on the front.

Thank you. Does the board have any other questions for staff? I just have one more. So on the drawing, I think it was number four, the red. So staff is uh proposing to reduce the that it does say 323 square feet, right? To reduce that to 280.

Correct. That is correct. And again uh per per the condition uh referenced um we are recommending to modify uh structure A uh and to be removed. Uh but again the applicant is requesting uh to see if that structure can be maintained but as included in the condition uh we are recommending for the structure to be removed.

Well let me clarify. You're recommending for the structure to either be modified to meet code or removed completely for uh a correct? Yes. Okay. Um it is it is to be removed. It is to be removed. Okay. Can you go back to the summary slide again? The one that very similar to this one at the end that pointed arrows to everything. It's a little bit easier to There we go. So on condition when it's not modified or removed, it's staff's recommendation is removed completely in its totality.

Okay. Yes. Only the small portion in red, which is the shed, which is the 30 square ft is to remain because if that is compliant with exception B requirements. Okay. Does the board have any other questions for staff? If not, is the applicant or representative present? Can you please step forward, introduce yourself, and staff would like me to remind you that everyone who's speaking today gets a minimum of three minutes, correct? Or maximum of three minutes, sorry. All right. Thank you.

Hi, my name is Susan Hernandez and I didn't really have much to say other than what uh Mr. Bea had already suggested. Um I I was asking prior if the structure could stay the same. Um but he had indicated to me that in order to be compliant that I needed to reduce the structure.

So you are in agreement with staff's recommend all of staff's recommendations? Yes, I am. Okay. Does the board have any questions for the applicant sen I just want to mention that I'm seeing here that there are some support letters from the neighbors and I don't I know that's information was not part of this but I do wanted to point that out.

Yeah. All of my surrounding neighbors did concur um that all the structures weren't obtrusive or they didn't feel unsafe or didn't feel they were fire hazard or anything like that. Um, those were included in the packet submitted as well.

Thank you for that note. Uh, is there anyone from the public who wishes to speak for against this case or anyone online? If you're online, dial star six to unmute yourself. Um, if you're in the audience, please step forward, introduce yourself, and again, um, no more than three minutes in speaking on this. Oh. Do we have someone? Sorry, I thought I saw someone raise their hand.

No one. No. Okay. And we have no one online. So, I guess um I will entertain a motion. Heidi, I have addition with the board. I make a motion to move forward with staff's recommendations.

I have a motion and a second. All those in favor? I. Anyone opposed? All right, the case passes with status recommendations. Thank you. And that moves us on to item number four, PZBA 250049. Good afternoon chair and board members. Andrew Slum with planning and inspections. I am going to be presenting for Alejandra. Number four on the agenda is two special except exception requests for the property located at 1837 Chalita. The applicant is requesting special exception J carport over a driveway for the front encroachment and special exception K in existence of 15 years or more for the rear encroachment. Here we see an aerial view of the subject property labeled in yellow. The property is located north of Zerugosa Road and east of Vista Doul. The property is zoned R5 residential. The site plan depicts the layout for the existing property and the encroachment areas in the front and rear which are shown in red. The applicant is requesting special exception J to legalize an existing carport which is 12t 6 in by 19 ft 6 in that encroaches in the front setback for a total encroachment of 238 07 square ft.

And that is located within 1.67 67 ft of the uh front property line. Additionally, the applicant is also requesting special exception K to allow to legalize an existing open porch encroaching 13 ft 9 in in the required rear setback with a total encroachment of 311.22 square ft. and it is located within 16 feet 3 in of the rear property line. This is the elevations for the carport. This is the subject property viewed from Chilita Drive. So from this angle you can see the front encroachment and this is another view of the property that extends 13 ft 9 in oh sorry about that which extends 12.08 ft in in the required 15 ft front setback line which is within 1.67 67 of the front setback. And this is this home extends 13 ft 9 in in the rear yard setback located within 16 ft 3 in of the rear property line. This 2009 aerial photograph confirms that the home existed more than 15 years supporting the request under special exception K and the existing owner has owned the property since 2023 which is evidence. This evidence is provided that the

current homeowner did not was not responsible for that construction. Notices were mailed to property owners within 300 feet of the subject property and we have not received any support or opposition to this request. Staff recommends approval with conditions to the special exception. The conditions are as follows. that the material on the carport shall be in keeping with the main home and the slope of the cannip shall be in alignment with the roof structure of the main home. And number two, that the accessory structure shall be relocated from the 5- foot um easement area. And this concludes my presentation. Thank you.

Thank you. Does the board have any questions for staff? No. Can I go back? Can we go back? Oh, Martha, can we go back to that uh structure that will be relocated? I don't have a picture of that accessory structure, but it is shown here on the site plan on the upper left corner that needs to be uh moved from the easement area.

Okay. Thank you. Top left. All right. Is there any other questions for staff? If not, is the applicant a representative present? If for uh if so, please step forward, introduce yourself.

Uh good afternoon for the record, planning and inspections. I'll be translating for the applicant. So, he's asking if we can explain uh what the modifications are. So condition number one is that the cow port shall be in keeping with the main home with the slope um the slope of the alignment to match the main home. So basically talking about the pitch of the roof, it'll it'll match an alignment.

Okay. So I let him know that the the pitch of the roof must ma must match the uh the home existing home. Do you have a picture of the carport currently and the materials being used for it? because it's hard to kind of see with the shaded color what it actually looks like.

So this is the canopy and the poles are metal. Okay. So then there's and again I know we've had this conversation multiple times about the carports. It's kind of a a level of interpretation of what it means to look like it's in keeping with the main structure. So I guess we need to identify what we consider to be in keeping with the main structure. Lisa for the record. So uh we we cannot recommend that that you do um you want to be clear about what exactly you want to ask. Um obviously it is on your perview to leave it as it is. You want to go that way. Um but also for just for clarification of everyone you want to be clear about what you want to request. Um so staff review we're kind of saying okay well can I match it to the house for us is one thing is the pitch so okay we recommend with the condition that at least the pitch stays as it is uh and then we can leave it up to the applicant to decide some of the materials and then staff can check for those. Um we want to avoid obviously at least from staff perspective to request something specific a material specific material. Um but the board may may decide on some changes or obviously or not to approve. So that's on on your perview.

Fabian sorry. No go ahead. Could I see a front picture so I can notice or or see more of the slope or the pitch?

Thank you. So I guess the question I have for the board is clearly the material does not match that of the home. We have metal post and a kind of a corrugated metal roof. I guess is it canvas? I'm sorry. My bad. My apology. It's canvas. Um, would there be a recommendation like we've done on other cases that would require a certain percentage of it to match the the home?

Yes, I I would say so. The materials it does say on number one that there's Can you go back to where it says staff recommendations? Okay. So it says that the materials on the car part shall be keeping with the main home. So it does say that. So then we just have to clarify what kind of materials. I would suggest the I mean the house is made out of brick mostly. So I would say brick because that's what we've done in the past for those kind of homes. There's a gentleman maybe we should let him speak and then anyone else on the case and then we can sir make that call. So

thank you. My name is Sylvester Gutierrez and I'm at 11 11840 Chelita. I am a neighbor of Mr. Saul Marquez and what I see is not much difference. Again coming from my house and all that I seen in the area I seen much call it worse. Not like this one. We're talking about the pitch that they that the the I'm going to say planning wants them to pick up is about this much. It does have canvas. It looks presentable. You're able to I mean compared to other places that I seen, his looks very presentable. It's it's in the concrete. there's some modifications that he needs to do. But as far as canvas later on, what he's trying to do is put uh uh luminina lamina

lamina, which is the the metal top, and that's what he's asking the the planning the planning department. He wants to put that, but again, it's going to take a little bit of time. It's not much the the postar secure. I think it's a pretty I don't know what's the requirements on the post. I don't know what's the requirement on the pitch. However, if you look at this, we're talking about this much difference. It's away from the house. Well, I'm going to say about a foot. What exactly is he required to do? He's he want they want him to go a little bit maybe about a foot up. And what connected to the roof? Am I correct? I don't know.

Uh so just to clarify, the condition is to match the pitch of the roof. Um doesn't say anything about connecting it. Um but it just talks about the the pitch itself. Okay. So my suggestion would again be, you know, it's my my deal that at least 50% of the steel structures be covered with the brick that matches or brick or a stucco finish that matches the home to keep it more in keeping with the uh characteristics of the home. In my opinion, the ideal um condition would be to match the home by doing a wood structure. But being it already has that metal structure, I mean I the object is to keep these from becoming what you've described as you've seen worse. The object is to try and bring these um carports into compliance so that um your neighborhood is enhanced by them instead of um injured.

So two houses away from his house, we have one canopy that's with metal. What's the difference of that? Well, I'm sure it's not approved. Is it approved? Has it been that be a question for staff, but before we move forward, I want to go ahead and put a hold on that and ask if there's anyone in the public who wants to speak for against this case.

Okay. Excuse me. There are some sign Hold on. Hold on. I want to I want to go ahead and move forward. Okay. And we'll get we'll get to that. I want to make sure we have Do we have anyone in the public who wants to speak for against this case? Anyone online? Dial star six and mute yourself. All right. I don't. Okay. So we don't um board does anyone have any further questions for the applicant because clearly there's a little bit more conversation they want to have.

Well I have a suggestion. Okay. Well yeah I would think not stuck necessarily. I would like to see the brick just covering the metal at least 50% of the height. Something to kind of bring for the board. Uh can we see that picture out the front for the the parking lot where you're Okay. So, um I'm also kind of gearing too that maybe they could put 50% of the break. It just makes it more uh more conforming to the neighborhood and all the houses that are break. I do know that that break is probably not probably found, but maybe something similar uh that they could do. Um maybe that would be rather right now. It looks kind of really shabby, you know, but I think if they could put some brick, I think uh 50% would be probably my recommendation.

I'd like to ask a question of staff real quick because this carport is already built. based on staff's recommended language, what what would the interpretation of staff be and what they would like to see in this? That's a broad question, but it says I can you bring back up the recommendation, please, which I believe says keeping in with the materials of the home. Correct.

That the materials on the carport shall be in keeping with the main home. Right. Christine Leverage. I think we based on kind of side discussions we've had with staff that the that that passage is still a little bit squishy and I think it is within our jurisdiction to be a little bit more clear about what specifically we want for this specific case. Personally, I I've agreed with the um suggestions that have been floating around by several board members that uh we require that at least 50% of the steel posts be covered by uh a brick that matches as closely as possible that of the home. Um, in addition to the other things specified like the keeping the pitch similar to the main home,

can we go to the previous uh slide so we can see the porch? Yeah, that's it. The the back the backyard. Sorry, I guess it wasn't there. See, something like that would be nice to those columns. And I would like to see the fascia fascia

as well. The red fasia. And I would like to the the roof to to match. I don't agree with the canopy. I don't like going. Something I want to add is that they mentioned that they want to put laminate on top of the canopy. That was my understanding. So I think Yeah. So I think that's something that we need to also clarify as well because that's that's what their plan is as of now.

Okay. Christie Christie, what specifically was the material? I know I heard lamina in Spanish. I'm not 100% sure if that's laminate in English. What is that? What is it exactly? I believe there applicant referred to that as like metal a metal covering of the metal. Okay.

And sir, you did have a list I believe you wanted to present as well. Yes, sir. a list on the the neighbors because again we weren't able to reach uh Miss Alejandra. Excuse me. I apologize. Yes, I have a list. Well, Mr. Saul, he got a list including myself as as a signature one of them and there's about seven eight different neighbors that don't see an issue with this one. Now, he was recommended by something by Mrs. Alejandra and Alejandra is not here and he did uh I guess but I I want him to understand whatever the city or the planning zone department is is uh requesting of him for him to uh to redo or to adjust whatever. If he's going to pick up that c uh that carport a little bit higher, so be it. He'll do it. But he needs to get that, you know, that okay from I guess the committee.

Okay. But he he was told that he didn't need to put break back then just a paint supposed to be matching the the the house which is what he did.

Okay. Can I make a comment in Spanish? Can I Can I Okay. Okay, Gloria Clark, I just want to see that front of the porch again because there's like a rock wall. And I wanted to see the distance between there and where that post is. Not that one, the one coming in from the driveway, you know, at the end by the street almost there.

Oh, yeah. See, there's a rock wall, but what's the distance between that rock wall and and that that post? I mean, if we have it for them to do 50%. 1.67 feet. 1.6. You can see that black arrow right there.

Okay. Oh, yeah. So, basically, it wouldn't have a lot of room if they were to put a bigger type of uh brick around it. I don't know. We have something that might be thinner to suggest for him, but still in complying with something to match the house. That was my only concern there. Then you we're taking away some of that entrance there.

All right. I'm going to recommend or sorry, I'm going to entertain a motion. If I if I might before you move forward, Lisa Monagan with planning inspection. So just as a um I guess to provide some feedback. Uh I will be very careful about requesting a specific type of material um because there was uh there there's a lot that doesn't really allow us to specify the material. Um what the board can do though is um request some other changes. Uh for example for the column okay can be it can be covered. I think that's something that you can are are able to do so to request that uh just the material we can let it to the applicant to choose. Um obviously you know it can be they can choose the brick rock whatever. Uh so one thing you can all do if if needed is if the columns are too slender you can maybe request to make them bigger wider or the other way around if if you're moving kind of like to that that path forward. Um the roof I think if if anything again and I will stay outside of requesting a specific type but you can always say whether you want it to be opaque or not. Um something like that. Uh obviously you all can choose color if needed. Um but I will just uh advise to kind of be careful in deciding a specific material. Uh, sorry. If anything, we can also or the board may also ask the owner to see if they're inclined towards one. Uh, that will obviously the the board may like to to uh kind of be okay with that.

Uh, that's something that can be done as well. And then just as a reminder, the the special exception request is not something that's given. It's up to the board to whether you all want to uh approve it uh and give it to the applicant or you may also deny it if if needed if that's the path you're you're looking.

We would also have the option to maybe postpone and let the applicant have more time to consider. Correct. Correct. Come back with something a little bit better, something a proposal. Okay. So, I'll entertain a motion if someone wants to make one. Gloria Clark um with the board. I make a motion that we go with what we were referring to that maybe we postpone it that the the client uh go back and kind of see what he could do and present it back to the board and that way because they are planning to put something like he had mentioned that metal in the future. So maybe right now would be the time to really kind of analyze everything and and get and get a a set plan.

All right, we have a motion. Do I have a second? I second the motion. Have a motion and a second to postpone. To postpone. Is it postpone or table? Let me ask you which one to postpone. Uh so for this I think we may uh leave it up to the applicant to decide. Uh if we delete the item today then obviously is there's no definite time

right uh for postponement. we will need a specific time when which obviously typically to the next meeting uh or two meetings after this one uh something like that. Um so we can give the option to the applicant and they can decide what they will prefer.

So so I have one more question. I know y'all are going to love this but um nowhere on that home is a corrugated metal roof. So how is that in keeping with the materials of the home? And someone needs to explain that to the applicant because he's going to bring it back with a corrugated metal roof and I'm going to vote no because it's not in keeping with the home at all. So, who does that part? I'm sorry. I hate to be so ignorant, but I want to be sure we yes, postpone it, give the applicant more time, but we need to be someone needs to counsel him on these are not acceptable materials. That that seems to be the issue every time. we keep having the same recurring um issue come up and it's always these um metal canvas carports that have been put up and we're always we're always asking that they comply by making the um structure more in keeping with the home. But I don't know that we're do you know what I'm saying? Is anybody gonna help me out here?

Yeah, just to follow up on that. So, obviously the the code is specific uh where it says that should be in character with the house. So, it is there. Uh so, one one thing with with this uh request though it is existing. That's one thing right. Uh now, it's up to the owner to choose what however they want to move forward with. uh just as again is is the board's decision about what you want to do about it. You can approve it, you can approve it with conditions or you may also uh deny the request if if that's how you're moving forward. So um I think from for today the applicant is aware of what the board uh is looking but you know we I would like to obviously also give the the applicant an opportunity to come back decide what he wants to do wants to keep it as it is and continue moving forward like that and for the board to decide on on that or if they want to do u modifications and bring them to the board. But one thing is it's obviously what we're showing it's existing. So that's one thing. Um so we'll just uh end with that.

So I'll ask the applicant. Are you willing to have this those poems? You're all we're all talking English and not understand. He is the owner. He needs to be explained in Spanish for somebody to explain the carport. I do agree with uh with I do agree either cardboard because he was told okay you can put some uh metal okay he said I'll put some metal but it's going to be within you know as soon as I can recoup or get some money to like please explain it in Spanish. So if I might just really quick. So one thing we can just to continue obviously we have an issue we're interpreting.

So we can just obviously delete the item and then or postpone to the next meeting and then just come back with an interpreter and then staff can also talk to to the owner and explain all this in more detail because it seems like obviously this at this time is not the the right time for him.

Can I can I make a suggestion? Can we ask the the property owner to maybe next time to prop propo propose prop postpone this and then next time he can do his research see if there's something similar that resembles this house such as brick or wood or any material and then they can bring pictures and evidence uh to show us just so they can also prepare and do their their research. I feel like that would be something that would be helpful for them and for us too. So we can also take a moment look at the material and then we can all agree if this is something that we want to pursue forward with. I'm going to translate for him. out. Okay. No. Okay.

Material. Alex Investig Okay. Okay. Okay. Okay. Okay. No, no, no, no. Okay.

Um, staff, there was a gentleman who raised his hand. I don't know if we're still available to have public comment or not. Oh, I just wanted to make sure that it Oh, you need to step up and introduce yourself, please. My name is Jessica. I don't have anything to do with it, but my whole thing is that it should be translated correctly. I just thought it was unfair. So, thank you because he was clueless to what everybody was discussing. So, just for him to, you know, to be fair to understand. That's all.

Thank you, Christine with the board. Um, what are the at a meta level question for staff, what are the translation requirements? I know that we've always translated for applicants when they are presenting in Spanish, but I I've noticed consistently at meetings um applicants are often not having the whole the broader discussion translated live for them so that if they are later asked follow-up questions, it may be difficult for them to address it without that fuller context of what was what has been discussed. I'm just wondering what what are the legal requirements for us and what can we better do to make sure that uh Spanishonly applicants are are able to be full participants in their discussion.

Russell Aland, assistant city attorney. I don't think there's any specific legal requirements um but it would be recommended to have um an official interpreter. Um I don't know why that's not done as a practice but

so if I might at least I would plan inspection. So one of the things that we do uh um well I don't want to say allow but uh that that's available to the applicant is obviously to request an interpreter and the city will provide one but that's up to upon request. For this one, we did not get any requests from anyone and that's why we don't have an interpreter.

Is there is there a moment in the in the process of working with with the staff when the applicant is prompted for that request? Okay. Do you would you like somebody present since like obviously if somebody is speaking in English dur during those conversations that wouldn't be necessary but if someone is only speaking in Spanish asking whether they feel comfortable presenting in English or do they need or do they feel that they need a translator is that is that something that is prompted or can be prompted in the process.

So I I will just keep it to to this that's it because we're deviating from obviously what the war is here for. Uh but staff does try to work with them. Obviously, we're not aware when they need it. They have to let us know, but we try to sometimes ask, but I would say just let's just give this type of conversation on the side right now.

Okay. So, pulling it all back together. We had a uh proposal for a postponement. I don't know if that's staying based on the conversation that was had. Yes. So, so what I told him is that we he needs to do his research. He needs to look for a material that is resembles a house uh the outside of the house for at least like for 50% to cover the cardboard. But I'll say it in Spanish again. Um and I did also mention that in the future he wants to put laminate. Um that's something too that he needs to come here and talk about it because if not then we're going to we people might say no. So that's something that he's also needs to be aware of for f for the future.

All right. Thank you. So going back to our got a comment. Is there a comment still? Oh yeah. The question that he asked the question that he he needs clarification is exactly what is required. If if if a medal is not the thing to do, he won't even go that route. Okay. If it's something that he he won't even go that route. So it's, you know, even like you said, bringing some some suggestions. Well, he's going to come back and bring some suggestions. And guess what? You're not allowed to do that. So again, I'm looking on the homeowners homeowners uh behalf and you know trying to make sure that people understand once they're standing up here talking to you all and all that understanding exactly what is needed because the inspector might go that inspector might be very diff different than this inspector than this is it one place where for me personally me personally I try to look up exactly what's required by the city so I can explain to him, you know, this is what you need, but it's not up to me.

Excuse me, sir. Are you the representative for him? I'm I'm a neighbor, but since he exactly what we were all talking the conversation in Spanish, he's not understanding a lot of this what we're talking and I try to I try to in Spanish as best as I can.

So, you came to translate and speak for him pretty much, but I'm noticing that he's he's lost. excludes and I I'm personally lost myself cuz why? Cuz you know we're you know we're talking about such as this lady said well you come back and give us something something to bring and all that or uh in your opinion this is what I'm thinking of doing. Well guess what he gone out there and worked checked all these places yet comes over here this is what I'm thinking of doing. No, you're not supposed to do.

Okay. Fore! Foreign! Foreign! investig for bless. Yeah. investigual.

Okay. Okay. Okay. Yeah. I'm sorry. If I might, Mr. Sure. Uh because right now we're we're obviously and we're still in the conversation for this item, but we are or we are discussing options of what to do. And I'd like to remind everyone that obviously this is not a um an approval. Whatever is being discussed right now about what they can do, there's still an approval. Um, we don't want staff doesn't want to give the impression to the owner to the applicant that that will resolve everything because it might not uh until we have the hearing and it gets decided. So, we'll just try to avoid continuing the conversation about what they need to do. The staff obviously will continue talking to them about what staff thinks is appropriate to bring to the board and then as they pickle the board the staff will bring a recommendation to the board. Um, but I like to kind of avoid continuing uh discussion with them.

I think it's just important to say that at the end of the day, you want something that's in character with with the home, color, material, something of that nature, and then you bring that back. You present that to us and we'll look at it then and make that determination. So, with that, we still have a postponement standing. I would would clarify to the next meeting probably

without promise that it'll be approved. True. Because bottom line, he's out of compliance with the city. Yes. He's you know he's infringed on the right on the we have to make that out of compliance. We're trying to work with them but

Right. All right. So So we have a postponement I'm assuming. Let me get a clarity on that. A postponement to the next meeting. Correct. Okay. Yeah. Just for clarification, next meeting is January 26th.

Okay. Yeah, that's six weeks. Okay. All right. So, we have a motion and a second. All those in favor of postponing this item to the next meeting, I. Anyone opposed? All right. Case is postponed till the next meeting. Okay. And with that, we move on to item number six. Oh, sorry, number five. Um, PZBA 250053. Good afternoon, chair and members of the board. Jose Van with planning and inspections. Item five on the agenda is a request for uh special exception K in existence 15 years or more for the subject property at 3614 Douglas Avenue. The request is to legalize the construction of an existing single family dwelling and accessory dwelling unit along with two accessory storage structures encroaching into the rear and side setbacks. Here we can see an aerial image of the property. This property is located north of Persing Drive and east of Copia Street. Here you can see the zoning map showing that the zoning district of the property is A2 apartment. Here is a site plan that shows the existing layout of the property with the encroachment areas in red. The applicant has requested an exception K to allow the encroachment of the single family dwelling and rear ADU as well as two storage structures into the required 25 ft rear yard setback and required 5-ft sideyard setback. If approved, it would allow for the encroachment of 546 ft into the rear yard setback and 126 ft of encroachment into the sideyard setback. Here we have an image of the subject property taken from Douglas Avenue. And here we see the encroachment of the rear yard setback uh which shows the existing 546qt encroachment.

Here's another angle of the rear encroachment showing also the uh rear storage. And here we can see the encroachment of the right side yard setback where there is the existing 126 foot encroachment. And here we just have a closer look. So based on 2009 aerial imagery, the single family home ADU and storage structures have existed for more than 15 years uh in their existing configuration. The construction based on aerial imagery has existed since at least 2002. So, notices were mailed to property owners in 300 ft on November 25th, 2025. And the planning division has not received any communication uh in support or opposition. And to conclude, staff does recommend approval of the request for special exception C in existence 15 years or more. And thank you. This concludes my presentation.

Right. Thank you. the board. Does the board have any questions for staff? No. Martha Aguayo, will there be enough parking since it is going to be a three unit uh dwelling?

Uh the I'll defer to that question to the applicant, but my understanding they will be providing sufficient parking. Okay. Thank you. All right. Any other questions for staff? If not, will the applicant representative step forward and introduce yourself?

Hello, my name is Daniel. I'll be the representative for Justin Churchman. He's the owner of this property. And yes, uh we've been in touch uh with the the reviewers and they told us what we are required basically for the parking and we're willing to do what is required to to provide whatever is needed.

And are you in agreement with staff's recommendations? Excuse me. You are in agreement with staff's recommendations and approval. All right. Does uh anyone on the board have questions for the applicant? Is there anyone in the public who wishes to speak for or against this case? Anyone online? Dar 6 to unmute yourself.

All right. If not, I will entertain a motion. Well, no. Again, is there enough parking? That's my question. We will provide an additional driveway so that we can provide enough parking for all the tenants. Okay. Right now there's currently no not a driveway, but that's what we were told. Uh we wanted to come here first. If we get approved over whatever need to do, we're willing to make a bigger driver. Conform me obviously to the 25 ft and all that stuff that we were told.

All right. Thank you. Any other questions? If not, I'll entertain a motion. Gloria Clark. I make a motion to re uh go with staff recommendations. Just second the motion.

Excuse me. Was there public comment? Any public comment? Did I? I thought I did request it. Yes. Now you're making me question myself, but I think I did. Yes. All right. I have a motion and a second. All those in favor?

I. Anyone opposed? All right, the case passes. Thank you. Now on to item number six, PZBA 250054. Good afternoon, chair, members of the board. Blanca Perez with planning and inspections. Item number six on the agenda is a request for special exception J, a carport over a driveway for the property located at 5716 Decater. This aerial map provides an overview of the subject property and its surrounding area. The property is owned R4 residential and is located west of Railroad Drive and north of Honda Pass Drive. The site plan shows the layout of the property showing the existing and proposed structures in magenta and the encroachments in red. The structure outlined in orange will be permanently removed. The applicant is requesting a special exception to permit the construction of a carport that would encroach into the required 24T 7in front yard setback. Here we see the elevations of the proposed carport and the maximum height would be 11'6 in. This image shows the current condition of the property as view from the caterway. This is a proposed carport which would encroach 321.75 square ft and it would extend 16 feet for and and 4 in into the front setback. And the new proposed setback would be of 8 feet 4 in. And here is another view taken from the left side of the property. And the structure shown will be permanently removed.

Notices were mounted to property owners within 300 ft of the subject property on November 20th, 2025, and the planning division has received no communication in support or opposition to the request. And with that, staff recommends approval with a condition for the accessory structure over the easement to be removed as reflected on the site plan, which would be this one on the backyard. And that concludes my presentation. Thank you.

All right. Thank you. Does the board have any questions for staff? No. All right. Is the applicant present? If so, please step forward, introduce yourself. Good afternoon. My name is Vanessa Duran. I'm representing the owner. Um, just to clarify, there is in the back an structure that is going to be removed from the same company Miller, the one that is going to be building the one in the front. So, that's why is it it remains in the property up to date.

All right. And then are you in agreement with staff's recommendations then? Yes. Yes. Okay. Does uh the board have any questions for the applicant? Can we see that? I'm sorry, Elizabeth Thurman Bson with the board. Can we see that um drawing of the proposed carport again? So, it's going to have 50% on the brick for the column, the one the two the one on the front. And then the the materials is a pre frag uh fabricated by Mieler. It's a metal company. So the roof for this house is green. So the owner already has like the the same color of the to paint what is the columns and the roof so it can match um similar to the house. So one of my questions will be based on the previous project that it was presented. Uh I present like a lot of projects with you guys. So usually that's what we agree the 50% of the column and that it can be the same height and then regardless that it's metal or wood based on the house. So existing houses in El Paso is made with wood. But now it's more more common to do the new structure for carports just with metal. So will that be something that it will work for you? I asked the guys to stay so they can see this presentation and they can understand what you were trying to let them know.

And the roof is made out of what? I'm sorry. What is the roof structure? It's a metal. It's a metal roof but with the same color as the existing roof. Is that what you said? Yes. It's because this house it it it has like a green roof so he has already the same color so he can go ahead and paint it.

All right. Any other questions for the applicant? And will the brick be the same color? Yes. All right. Is there anyone from the public who wishes to speak for against this case? Anyone online? Star six. All right. Seeing none, I will

I just have one more question. Is that how is it attached to the home? In this case, yes, we were asking to have it like a little bit lower from from the existing house, but since it has to be the same height, we need to resemble to the house like we need to attach it to the house. So that will be a construction detail that we have it in the plans for the construction permit. Gloria Clark with the board. I have a question for our board here. So it is showing existing metal and why she's saying maybe this is something that's being new, but right now we're just we just disapproved or send somebody back with a metal roof. So I guess I need to ask is it just case by case? I mean because we're looking at the drawings here that were provided. So I guess maybe the board needs to meet aside or something and see what we want to do or is it going to be case by case because then I don't think that's really being representative of the board if we're just

saying yes to some and and no to others and because I know you don't. So, but the problem is you can't you can't uh impose right um materials the materials. So, what we're saying is it has to be in keep keeping more characteristically more in keeping with the home.

Okay. So, if that's the case then the metal wouldn't necessarily be approved because does the house is the house a metal roof? Does that happen? No, it's wood. But all of us, the houses in El Paso, they're made with wood

and shingle. The metal it looks here if you look and I don't know if they have the drawing, but thank you. Uh, it looks like it would conform the way they designed it. Okay. My question was just again it's metal. So we had just returned a gentleman because in the future he was going to do metal and so here again like you said is it confirming then does it depend on the area. These are older homes. I understand that, you know, and right um like she kind of mentioned, everybody goes with metal. It's less expensive. Again, it's the way it's presented. So maybe we had maybe uh your design already in color and something. I maybe that's what I would like you to look at.

I think sketch, right? I think it's a case by case basis, but in this case, there is a presentation of what the concept's going to look like, which allows us to make that determination at the end. Okay. Um, and yes, the gentleman did mention metal, but he also has the metal post, and there's there's a lot of other questions there, and we haven't seen a final

okay, a layout from what they have now. Just to put a metal roof on it. What we were trying to explain is if you just put a metal roof on it, it's not going to be in keeping with the home because there's no other metal in the home. So, you've got to get it characteristically following the home. I don't think that's the issue with this one.

Well, no, it it's well composed or uh proposed. Yes. I think we're veering off the Yeah. Yeah. point here. Okay. So, any other questions or comments from staff? I mean, sorry, from the board. If not, I will entertain a motion.

Well, I make a motion to go with staff recommendations. Go in second. I have a motion to second. All those in favor? I. Anyone opposed? Then the case passes. Thank you. All right, on to item number seven, which is the minutes from November 10th. Do I have a motion to approve?

Martha Aguayo, I move to approve the minutes from last month's meeting. Heidi, do you have addition with the board? I second. I have a motion and a second. All those in favor? I. Anyone opposed? All right. The minutes from the November 10th meeting pass. And I believe staff wanted to make a couple additional comments.

Yes. Good afternoon. Uh so so from part of the city would like to extend our gratitude to everyone. Uh you all obviously help the city a lot with this decisions. Is it hard? Is it easy? Sometimes it depends and so we like to thank you for everything you've done. Uh as you may be aware, this is the last meeting of the year. So we look forward having a great 2026 next year. I want to wish you happy holidays to everyone. Uh as a reminder, you need anything, feel free to reach out to us, to staff uh to help you, anything that you need. Again, we are really, really, really thank thankful for everything that you all do for for the city, for us as staff, for the entire city. Uh so, thank you again. Um another thing another announcement PSA uh if you have I mean it's good that we have quorum we have an extra actually then just barely quorum so you know of anyone else uh and I guess this goes to the entire city if there's anyone interested in serving the Sony board of adjustment uh feel free to reach out to to staff to the planning inspection department uh we can check to see if we can get appointments uh people here you know someone let them know they can reach out to us. Uh people can reach out directly to the city representatives or the mayor. Uh as you may know or may not know, uh the board members are appointed by the city council and the mayor. Uh so they have to go through this. So you if you're interested, you know of anyone, feel free to reach out to them or reach out to staff and we'll go through through the process. And that kind of completes everything. And then just before everyone leaves at the end of this meeting after adjournment, please stay for a little bit.

All right. Thank you very much. We appreciate your work as well. Appreciate it very much. Yes. Thank you. All right. With that, um, do I have a motion to adjurnn? Second. Have a motion and a second. All those in favor? I

I I. Anyone opposed? The meeting is adjourned at 2:56 p.m. Thank you. I just brought everybody a little treat.