Zoning Board of Adjustment

Members Mark Windham, Chairman Gerardo Arzate, Member Kirk Strahan, Member Brooke Harper, Member Tim Harry, Member Kyle Newton, Member Paul Anthony Rios, Member Craig Stoker, Alternate Member Priscilla Contreras, Alternate Member ZONING BOARD OF ADJUSTMENT CITY HALL, 411 W. 8TH ST. CITY COUNCIL CHAMBERS – FIFTH FLOOR November 01, 2023 8:30 A.M. OPENING ITEMS 1. Invocation CONSENT ITEMS 2. Motion to approve the Planning & Zoning meeting minutes for October 18, 2023. PUBLIC HEARING The Planning and Zoning Commission will hold public hearings on the following items: 3. CASE NO. 2023-08 V Consider approval of the request by Oscar Rico owner, for a variance from Section 14-7-6 (e) of the City of Odessa zoning Ordinance to allow an addition to an existing structure (existing enclosed garage) to be built at seventeen feet (17’) front yard building setback instead of the required twenty-five feet (25’) front yard building setback in a Single Family-Estate (SF-E) Zoning District, Lot 13, Block 1, County Club North (3201 Bainbridge Dr.) 4. Adjourn  Members Gerardo Arzate, Chairman Tim Harry, Vice Chairman Kyle Newton, Member Kirk Strahan, Member Kaylie Banda, Member Paul Anthony Rios, Member Mark Windham, Member Craig Stoker, Member (Alternate) Pricilla Contreras, Member (Alternate) Zoning Board of Adjustments, Minutes City Hall, 411 W 8th St. CITY COUNCIL CHAMBERS – FIFTH FLOOR October 18, 2023 8:30 A.M. OPENING ITEMS 1. Call to Order 2. Invocation CONSENT ITEMS 3. Motion to approve the Zoning Board of Adjustments minutes for September 6, 2023. Public Hearing The Zoning Board of Adjustments will hold public hearing on the following items: 4. CASE FILE NO. 2023-07-V Open a public hearing to consider approval of the request of David A Gutierrez and Jazmin Diaz, owner, for a variance from Sections 14-7-5 of the City of Odesa zoning ordinances to allow a structure (carport) to be built a ten feet (10’) front yard setback instead of the required twenty-five feet (25’) front yard building setback in a Single Family three (SF-3) Zoning District, Lot 36, Block 7, Beckwood Terrace. (2669 San Carlos Terrace). 5. ADJOURN Be it said and remembered that at 9 a.m. on the 18th day of October 2023, there came on and was held a Zoning Board of Adjustments meeting in the Council Chambers, 5th Floor, 411 W. 8th St., Odessa, Texas. MEMBERS PRESENT: Gerardo Arzate, Chairman Tim Harry, Vice Chairman Kaylie Banda Craig Stoker Pricilla Contreras MEMBERS ABSENT: Mark Windham Paul Anthony Rios Kirk Strahan Kyle Newton OTHERS PRESENT: Elizabeth Shaughnessy, Director of Development; James Reber, Planner; Cheynna Torres, Planning Tech, Gracie Rodriguez, Planning Tech, Joe Tucker, Director City Engineer; Dan Jones, City Attorney The minutes of the September 6, 2023, Zoning Board of Adjustments Commission meet were approved, motion for approval being made by Commissioner Tim Harry, seconded by Craig Stoker, with the vote being a unanimous “aye”. Be it said and remembered that at 8:30 a.m. on the 16th day of August 2023, 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: Kirk Strahan Brooke Harper Tim Harry Kyle Newton MEMBERS ABSENT: Anthony Rios Craig Stoker (Alternate) Pricilla Contreras (Alternate) OTHERS PRESENT: Elizabeth Shaughnessy, Director of Development; James Reber, Planner; Cheynna Torres and Gracie Rodriguez, Planning Tech. DOCKET NO. 2023-07-V Open a public hearing to consider approval of the request of David A Gutierrez and Jazmin Diaz, owner, for a variance from Sections 14-7-5 of the City of Odesa zoning ordinances to allow a structure (carport) to be built a ten feet (10’) front yard setback instead of the required twenty-five feet (25’) front yard building setback in a Single Family three (SF-3) Zoning District, Lot 36, Block 7, Beckwood Terrace. (2669 San Carlos Terrace). Elizabeth Shaughnessy, Director of Development, approached the stand and gave the following presentation. Mr. Gutierrez and Ms. Jazmin Diaz are applying for a variance for an existing carport that was placed on his property and covering the twenty-five-ft setback. He placed in front due to cables of Electrical eastment in the back yard, as well, he was unable to place off University with the traffic of the road. Reason for placing the structure up due to car thefts and has several police reports to show. This is the reason for placing the carport however he was unaware his requirments of pulling a permit. Staff recommends, addressing to council, If you move forward with the approval, we recommend not to turn existing garage into room and no other structure to be placed on this setback, as well making this current carport to code. Mr. Tim Harry ask what it would take to bring carport to code. Ms. Shaughnessy replies as must be tied down and must submit the engineering form prefabricated structure to submit as site plan. At this time Chairman G. Arzate ask if anyone at this time would like to speak on behalf or against this structure. Mr. Gutierrez approaches the podium, at 2669 Carlos Terrace, I wanted to apologize as I did not know about getting a permit on this carport, this is the income for my household as I was unaware and just wanted to keep my family taken care of. Chairman Turns to commission for Motion Mr. Tim Harry approves the variance with the condition tie down correctly and bring forms in, to which Craig stoker seconds the motion with an anonymous “aye”. There being no further business to come before the Board, the meeting was adjourned at 9:15 a.m. Cheynna Torres, Planning Tech, placed the minutes in the Minute Book on October 18, 2023 _____________________________________ Gerardo Arzate, Chairman  TO: ZONING BOARD OF ADJUSTMENT FROM: Maria Prieto, Planning Manager SUBJECT: DOCKET NO. 2023-08-V APPLICANT: Oscar Rico, Owner REQUEST: Variance from Section 14-7-6 (e) of the City of Odessa Zoning Ordinance PROPERTY INVOLVED: Lot 13, Block 1 , Country Club North (3201 Bainbridge Dr.) The property involved in this request is located at 3201 Bainbridge Dr. This site is currently zoned Single Family-Estate (SF-E) and is occupied by a single-family residence. The property is surrounded by residential development to the north, south, east and west. The applicants is Oscar Rico, owner, and the purpose of the request is for a variance to allow an addition to an existing structure (existing enclosed garage) to be built at seventeen feet (17’) instead of the required twenty-five feet (25’) front yard building setback. In order to allow the addition eight feet (8’) forward on the twenty-five (25’) front yard setback the applicant is requesting a variance from Section 14-7-5 of the City of Odessa Zoning Ordinance, which states: Sec. 14-7-6 (e) Front Yard Where lots have double frontage, running through from one street to another, a required front yard shall be provided on both streets unless a building line for accessory buildings has been established along one frontage on the plat or by ordinance, in which event only one required front yard need be observed. Required front yard North Country Club Estates 25 ft. (See Exhibit A) 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 reduce the front yard to seventeen feet (17’) instead of the required twenty-five feet (25’) front yard setback will not create any hazards or hardships to surrounding properties to light, air, or open space. Low traffic volume in this residential street should not be a hindered. With this in mind, the planning staff has no objections to this request as presented. Should the Board choose to approve this request, the Planning staff would recommend adoption of the following conditions: 1. No additional structures or additions may be placed within the 25 ft. front yard setback. Information in order of inclusion: --Area of notification map --Copy of site plan