Zoning Board of Adjustment
Regular MeetingOdessa, TX · October 19, 2022
Minutes
AGENDA
ZONING BOARD OF ADJUSTMENT
COUNCIL CHAMBER
OCTOBER 19, 2022
8:30 A.M.
1. Invocation
2. Approve the minutes of the August 17, 2022, Zoning Board of Adjustment
meeting
3. DOCKET NO. 2022-04-V
Open a public hearing to consider approval of the request of Raul Y. Guerrero,
owner, for a variance from Section 14-7-8(9) of the City of Odessa Zoning
Ordinance to allow a storage to be located with a zero feet (0’) side yard setback
instead of a five feet (5’) side yard setback in a Special Dwelling (SPD) Zoning
District, Lot 17 Block 3, Mardi Gras Estates, 3rd Filing (1306 Big Easy St.)
4. Other business
5. Adjourn
10/19/2022
Page 1
Be it said and remembered that at 8:37 a.m. on the 19th day of October, 2022, there
came on and was held a Zoning Board of Adjustment meeting in the Council
Chamber, 5th Floor, 411 W. 8t St., Odessa, Texas.
MEMBERS PRESENT: Mark Windham, Chairman
Gerardo Arzate
Kirk Strahan
Brooke Harper
Tim Harry
Kyle Newton
MEMBERS ABSENT:
Craig Stoker (Alternate)
OTHERS PRESENT: Randy Brinlee, Director of Development; Maria Prieto, Planner;
Cheynna Torres, Planning Tech.
Vice Chairman Windham called the meeting to order, with Member Strahan giving
the Invocation.
The minutes of the August 17, 2022 Zoning Board of Adjustment meeting were
approved, motion for approval being made by Member Arzate, seconded by
Member Harper, with the vote being a unanimous “aye”.
DOCKET NO. 2022-04-V (denied)
Open a public hearing to consider approval of the request of Raul Y.
Guerrero, owner, for a variance from Section 14-7-8(9) of the City of Odessa
Zoning Ordinance to allow a storage to be located with a zero feet (0’) side
yard setback instead of a five feet (5’) side yard setback in a Special Dwelling
(SPD) Zoning District, Lot 17 Block 3, Mardi Gras Estates, 3rd Filing (1306 Big
Easy St.).
Mr. Brinlee approached the podium and advised the board that applicant was not
present for the meeting and they could table or proceed. Board unanimously
decided to proceed without the applicant being present.
Ms. Prieto gave the following presentation: There were 23 notices mailed to
surrounding property owners, with no notices returned, two (2) written protests
and no written approvals.
The property involved in this request is located at 1306 Big Easy St. This site is
currently zoned Special Development (SPD) and is occupied by a single-family
residence. The property is surrounded by residential development.
The applicant is Raul Y. Guerrero, owner, and the purpose of the request is for a
variance to allow a structure (storage) to be built zero feet (0’) on a five feet (5’)
required side yard setback. In order to allow the structure (storage) zero feet (0’)
forward on the five feet (5’) side yard setback, the applicant is requesting a variance
10/19/2022
Page 2
from Section 14-7-8(9) of the City of Odessa Zoning Ordinance. (see attached site
plan) which states:
14-7-8 (9) SPECIAL SIDE YARD REGULATIONS
Special side yard arrangements, such as a zero lot line, may be provided for when
the Site Plan or Plat designates the special side yard condition and such Site Plan or
Plat is approved by the Planning and Zoning Commission and filed for record.
Special side yard arrangements show on an approved Site Plan shall be observed by
the Building Official in issuing Building Permits.
The following criteria as outlined in the Zoning Ordinance are to be used by the
Board of Adjustment in evaluating variance requests. The burden of proof in
meeting each of these criteria is upon the applicant.
A. The variance request is not contrary to the public interest.
B. Special conditions exist for the applicant that do not generally exist for
others.
C. A literal enforcement of the ordinance will result in unnecessary hardship.
D. The spirit of the zoning ordinance is observed and substantial justice is done.
Staff analysis of this request is that there are no special conditions associated with
the property that do not exist for others in the area. A Site Plan was approved (Case
No. 2019-73-SP(A)) that provides for five feet (5’) side yard setback. Considering
the size of the storage (approx. 61 square feet) and the lot (5,980 square feet) there
is adequate space to fit the storage correctly in the rear of the property according
to ordinance requirements. The Planning Staff cannot support the variance
request, and recommends that the request be denied, and that the storage be
placed on the lot to meet building setback requirements.
Chairman Windham opened the floor to the public to speak for or against the
variance case. Seeing that no one came to the podium, Chairman Windham closed
the public hearing and motioned for discussion.
Member Strahan asked staff if protest were both from neighbors, to which Ms.
Prieto stated yes, they are from the surrounding area of 200 ft. Ms. Prieto
proceeded to present pictures of the storage which was already built. Chairman
Windham asked if they had already built the storage. Mr. Brinlee indicated that
yes, they had built it. Ms. Prieto also confirmed yes, the applicant had already built
the storage without a permit, the homeowner was advised by a city building
inspector to obtain a building permit. Building Inspections was unable to issue a
permit due to customer having built the storage on the side yard setback.
Member Strahan stated that he has had variances but this is a disregard of the
setback. Member Harry indicated this is his neighborhood, everything is very tight
in that area. This was a blatant disregard of what can be done and the process to
do it. But to build lessening space is someone who just disregards ordinance.
Chairman Windham asked if applicant has plenty of space of yard in the back. Mr.
10/19/2022
Page 3
Brinlee answered that it was pointed out on several occasions that there was ample
space in the back yard to place it legally. Member Harper stated, if you approve this
variance, we will have to approve every other one that comes thru for this area.
Member Arzate stated there are no special conditions that allows them to place this
in the setback.
Vice Chairman Windham moved the request for a motion.
Member Arzate motioned the request for variance to be denied and member
Strahan seconded the motion, with the vote being a unanimous "aye".
FINDINGS OF FACT
The Zoning Board of Adjustment for the City of Odessa finds as a matter of fact that
the applicant failed to sustain his burden of showing that:
The variance request is not contrary to the public interest.
2. Special conditions exist for the applicant that do not generally exist for
others.
3. A literal enforcement of the ordinance will result in unnecessary hardship.
4. The spirit of the zoning ordinance is observed and substantial justice is done.
ORDER OF THE BOARD
Therefore, the Zoning Board of Adjustment of the City of Odessa acting on the basis
of the required concurring vote of six (6) members of the Board hereby orders the
variance sought by the applicant in this case be, in all things denied.
There being no further business to come before the Board, the meeting was
adjourned at 8:44 a.m.
Maria Prieto, Planner, placed the minutes in the Minute Book on October 28 2022.
Mark Windham, Chairman
Agenda
AGENDA
ZONING BOARD OF ADJUSTMENT
COUNCIL CHAMBER
OCTOBER 21, 2022
8:30 A.M.
1. Invocation
2. Approve the minutes of the August 17, 2022, Zoning Board of Adjustment
meeting
3. DOCKET NO. 2022-04-V
Open a public hearing to consider approval of the request of Raul Y. Guerrero,
owner, for a variance from Section 14-7-8(9) of the City of Odessa Zoning
Ordinance to allow a storage to be located with a zero feet (0’) side yard setback
instead of a five feet (5’) side yard setback in a Special Dwelling (SPD) Zoning
District, Lot 17 Block 3, Mardi Gras Estates, 3rd Filing (1306 Big Easy St.)
4. Other business
5. Adjourn
AGENDA
ZONING BOARD OF ADJUSTMENT
COUNCIL CHAMBER
AUGUST 17, 2022
8:30 A.M.
1. Invocation
2. Approve the minutes of the April 20, 2022, Zoning Board of Adjustment
meeting
3. DOCKET NO. 2022-03-V
Open a public hearing to consider approval of the request of Iglesia Del Camino,
owner, Humberto Porras, agent, for a variance from Section 14-6-1-(b) (10) of the
City of Odessa Zoning Ordinance to allow an antenna support structure (tower) to
be built 90 ft. instead of the 70 ft. maximum height allowed in a Multi Family-Two
(MF-2) Zoning District, Lot 1 Block 1, Iglesia Del Camino (903 S. County Rd W.)
4. Other business
5. Adjourn
08/17/2022
Page 1
Be it said and remembered that at 8:30 a.m. on the 17th day of August 17, 2022, there
came on and was held a Zoning Board of Adjustment meeting in the Council Chamber,
5th Floor, 411W.Sth St., Odessa, Texas.
MEMBERS PRESENT: Gerardo Arzate, Vice Chairperson
Brooke Harper
Kirk Strahan
Kyle Newton
Craig Stoker (Alternate)
MEMBERS ABSENT: Tim Harry
Mark Windham, Chairperson
Priscilla Contreras (Alternate)
Craig Stoker (Alternate)
Anthony Rios
Mark Windham, Chairman
OTHERS PRESENT: Randy Brinlee, Director of Development; Lorrine Quimiro,
Planning Manager; and Maria Prieto, Planner
Chair Gerardo Arzate called the meeting to order, with Member Harper giving the
Invocation.
The minutes of the April 20, 2022, Zoning Board of Adjustment meetings were
approved, motion for approval being made by Member Harper, seconded by Member
Stahan, with the vote being a unanimous "aye".
DOCKET NO. 2022-02-V
Open a public hearing to consider approval of the request of Iglesia Del
Camino, owner, Humberto Porras, agent, for a variance from Section 14-6-
1-(b) (10) of the City of Odessa Zoning Ordinance to allow an antenna
support structure (tower) to be built 90 ft. instead of the 70 ft. maximum
height allowed in a Multi Family-Two (MF-2) Zoning District, Lot 1 Block 1,
Iglesia Del Camino (903 S. County Rd W.)
Ms. Prieto gave the following presentation. Seventeen notices were mailed out. Zero
were returned, zero were sent in either in protest or support of the request. The
property involved in this request is located at 903 S. County Rd W. This site is currently
zoned Multi Family-Two (MF-2) and is occupied by a church. The property is surrounded
by residential development to the east and south, and commercial development to the
north and west.
The applicant is Humberto Porras, applicant, and the purpose of the request is for a
variance to allow an antenna support structure (tower) to be built ninety feet (90’) instead
of the seventy feet (70’) maximum height allowed from Section 14-6-1-(b) (10) of the City
of Odessa Zoning Ordinance, which states:
Sec. 14-6-1 (b) (10) Wireless Communication Systems Regulations - Special
Requirements - Height
An Unmanned Equipment Building shall not exceed fifteen (15) feet overall
height. An Antenna Support Structure shall not exceed one hundred and
sixty (160) feet in height, which height shall be measured from the ground
level to the highest point on the structure, even if the highest point is an
Antenna. All Antennas and Antenna Support Structures shall comply with
the height restrictions established by FAA or any other federal or state
agency. There shall be no Antenna and/or Tower, located in a residential
district that is seventy (70) feet or more in height measured from the ground
08/17/2022
Page 2
level to the highest point of the structure, even if the highest point is an
Antenna.
The following criteria as outlined in the Zoning Ordinance are to be used by the Board of
Adjustment in evaluating variance requests. The burden of proof in meeting each of these
criteria is upon the applicant.
A. The variance request is not contrary to the public interest.
B. Special conditions exist for the applicant that do not generally exist for others.
C. A literal enforcement of the ordinance will result in unnecessary hardship.
D. The spirit of the zoning ordinance is observed and substantial justice is done.
Staff analysis of this request is the applicant’s request to allow an antenna support
structure (tower) to be built ninety feet (90’) is reasonable and will not create any issues,
hazards or any hardship to this site or surrounding properties related to light, air or open
space. With this in mind, the planning staff has no objections to this request as
presented
There being no questions for City Staff, Vice Chairman Arzate opened the public
hearing and asked if there was anyone there to speak for the item. Pastor Humberto
Porras addressed the Board. He stated that they currently transmit the only Spanish
language religious radio station broadcasting in the area. They would like to increase
the height of the tower in order to transmit the best possible signal they can. A station
out of Hobbs is transmitting on the same frequency and interferes with their broadcast.
In the time they have been serving the community they have seen their Spanish
speaking community grow from just Mexican congregants to members of other Spanish
speaking countries. They want to be able to reach their growing community.
Vice Chairperson Arzate asked if there was anyone there to speak against the variance
request. There being no one, Vice Chairperson Arzate closed the public hearing and
asked for discussion. Hearing none he requested a motion. Member Strahan
moved the variance be approved as presented
Member Harper seconded the motion, with the vote being a unanimous "aye".
Findings of Fact
The Zoning Board of Adjustment for the City of Odessa finds as a matter of fact that the
applicant has sustained his burden of showing that:
The variance request is not contrary to the public interest.
1). Special conditions exist for the applicant that do not generally exist for
others.
2). A literal enforcement of the ordinance will result in unnecessary hardship.
3). The spirit of the zoning ordinance is observed, and substantial justice is
done.
ORDER:
Therefore, the Zoning Board of Adjustment of the City of Odessa acting on the
basis of the required concurring vote of four (4) members of the Board hereby orders
the variance sought by the applicant in this case be, in all things granted subject to the
following appropriate conditions and safeguards, to wit: Approved as requested.
There being no further business to come before the Board, the meeting was adjourned
at 8:35 a.m.
08/17/2022
Page 3
Lorrine Quimiro, Planning Manager, placed the minutes in the Minute Book on
August 17, 2022.
Gerardo Arzate, Vice-Chairman
TO: ZONING BOARD OF ADJUSTMENT
FROM: LORRINE QUIMIRO, PLANNING MANAGER
SUBJECT: DOCKET NO. 2022-04-V
APPILCANT: Raul Y. Guerrero, owner
REQUEST: Variance from Section 14-7-8 (9) of the City of
Odessa Zoning Ordinance
PROPERTY INVOLVED: Lot 17 Block 3, Mardi Gras Estates, 3rd Filing
(1306 Big Easy St.)
The property involved in this request is located at 1306 Big Easy St. This site
is currently zoned Special Development (SPD) and is occupied by a single-
family residence. The property is surrounded by residential development.
The applicant is Raul Y. Guerrero, owner, and the purpose of the request is
for a variance to allow a structure (storage) to be built zero feet (0’) on a five
feet (5’) required side yard setback. In order to allow the structure (storage)
zero feet (0’) forward on the five feet (5’) side yard setback, the applicant is
requesting a variance from Section 14-7-8(9) of the City of Odessa Zoning
Ordinance, which states:
14-7-8 (9) SPECIAL SIDE YARD REGULATIONS
Special side yard arrangements, such as a zero lot line, may be
provided for when the Site Plan or Plat designates the special
side yard condition and such Site Plan or Plat is approved by the
Planning and Zoning Commission and filed for record. Special
side yard arrangements show on an approved Site Plan shall be
observed by the Building Official in issuing Building Permits.
The following criteria as outlined in the Zoning Ordinance are to be used by
the Board of Adjustment in evaluating variance requests. The burden of
proof in meeting each of these criteria is upon the applicant.
A. The variance request is not contrary to the public interest.
B. Special conditions exist for the applicant that do not generally exist for
others.
C. A literal enforcement of the ordinance will result in unnecessary
hardship.
D. The spirit of the zoning ordinance is observed and substantial justice
is done.
Staff analysis of this request is that there are no special conditions
associated with the property that do not exist for others in the area. A Site
Plan was approved (Case No. 2019-73-SP(A)) that provides for five feet (5’)
side yard setback. Considering the size of the storage (approx. 61 square
feet) and the lot (5,980 square feet) there is adequate space to fit the storage
correctly in the rear of the property according to ordinance requirements. The
Planning Staff cannot support the variance request, and recommends that
the request be denied, and that the storage be placed on the lot to meet
building setback requirements.
Information in order of inclusion:
--Area of notification map
--Copy of site plan
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