Historic Landmark Commission approves conditional compliance for 705 Upson Drive with 120-day timeline

The El Paso Historic Landmark Commission on June 26 approved, with conditions, a certificate of appropriateness for after-the-fact front-yard stabilization at 705 Upson Drive, a contributing residence in the Sunset Heights Historic District.

The owner, Ricardo Mendulfa, told commissioners the home sits about 20 feet above street level on a steep slope where repeated rain events caused erosion that threatened river-rock retaining walls and the house’s foundation. Mendulfa said he applied a thin, red brick–colored cement layer over the slope to stabilize it and reduce runoff after finding vegetation could not sustain on the incline. “The stabilization work was therefore not chosen as a cosmetic measure,” Mendulfa said, adding that he is a disabled veteran and over 65 and cannot repeatedly restore eroded soil by hand.

Staff described the front yard as fully concreted in recent photos and said the commission has seen similar after-the-fact infill cases. Staff recommended approval with modifications under the city’s historic district design guidelines and Secretary of the Interior standards: landscaping should complement the structure, and not more than 50% of front-yard area may be covered by impervious materials. Staff’s initial timeline recommendation was 60 days to bring the yard into compliance.

Commissioners discussed alternatives—cutting out portions of the concrete to create planters, terracing the slope, and planting low-water, spreading groundcover—and advised Mendulfa to bring a landscape plan showing plant types and approximate sizes and yard measurements (a simple sketch or survey). Dr. Cynthia, an HLC member, and staff clarified that there are two retaining walls (a porch wall and a lower wall by the sidewalk) and that stabilization must protect the retaining walls while meeting the 50% living-cover requirement where feasible.

After discussion about the practical constraints of summer planting, a motion passed to accept staff’s recommendation with one modification: the work must be completed in 120 days rather than the staff’s 60-day suggestion. The motion carried with no recorded opposition. The commission asked Mendulfa to submit a landscape plan that demonstrates how the 50% living ground cover will be achieved and to include plant species and approximate mature sizes to aid staff review. No permits for additional work will be approved until compliance is demonstrated.

Next steps: Mendulfa is to file the requested landscape plan; staff will review the submission for compliance with the 50% living cover requirement and the approved stabilization approach. If the owner does not meet the deadline, the commission’s earlier enforcement guidance (removal and remediation) will apply.