Commission denies special‑permit request for unpermitted addition at 3305 Hiawatha Drive

The El Paso City Plan Commission on Jan. 29 denied a special‑permit request to reduce a side setback to 1.6 feet for an existing two‑story addition at 3305 Hiawatha Drive that staff says was constructed without permits.

Blanca Perez of Planning & Inspections described the addition as a two‑story expansion completed in 2020 that encroaches into the required five‑foot side yard for the planned residential development; staff recommended denial, saying the structure is inconsistent with the approved plan, inconsistent with Plan El Paso goals for safe, predictable development, and has not demonstrated compliance with building code requirements.

Applicant representative Luis Javier Lopez said the owner has neighbor support letters and offered possible remediation including cutting back eaves/overhangs and adding fire‑rated walls. "We can do fire rated walls, cut the eave... so we can have more space between the property line and the house," he said.

Stoney Lacruz of Planning & Inspections (building/permits) explained remediation and enforcement history: the case began with a 311 complaint in August 2024, notices and requests for permits followed, the matter moved to municipal court and permit applications were later submitted. Lacruz said remediation options exist — including fire‑rating and engineered structural work — but stressed staff lacks full information about the foundation and structural details because the work was never reviewed during construction.

Commissioners expressed concern about setting a precedent for legalizing unpermitted construction and emphasized that building‑permit and inspection requirements still must be met. On a motion to deny the special permit, the commission voted 5–1 (one commissioner opposed); staff said denial would leave the owner the option to remove the encroachment or pursue permits and required corrections as part of standard building‑permit review.

The denial does not preclude the owner from submitting full building permit applications and engineered analyses; staff said any permits will require code compliance and inspection.