Zoning Board of Adjustment
Regular MeetingOdessa, TX · May 15, 2024
Agenda
ZBA Members
Gerardo Arzate, Chairman
Tim Harry, Vice Chairman
Kyle Newton, Member
Kirk Strahan, Member
Pricilla Contreras, Member
Paul Anthony Rios, Member
Norberto Brito, Member (Alternate)
ZONING BOARD OF ADJUSTMENT
CITY HALL, 411 W. 8TH ST.
CITY COUNCIL CHAMBERS – FIFTH FLOOR
May 15, 2024
8:30 A.M.
I. OPENING ITEMS
1. Invocation
II. CONSENT ITEMS
2. Motion to approve the Planning & Zoning meeting minutes for March 06,
2024.
III. PUBLIC HEARING
The Zoning Board of Adjustments board will hold a public hearing on the following
items:
3. CASE FILE NO. 2024-07-V
Open a public hearing to consider approval of the request of Cleopatra
Anderson, owner, for a variance from Section 14-7-5 of the City of Odessa
Zoning Ordinance to allow a structure (Mobile Home) to be located with a one-
foot (1’) front yard setback instead of a twenty feet (20’) front yard setback in
a General Residence (GR) Zoning District, Lot 1 Block 14, Davis Heights
Addition (841 Barrett Ave).
IV. Adjourn
ZBA Members
Gerardo Arzate, Chairman
Tim Harry, Vice Chairman
Kyle Newton, Member
Kirk Strahan, Member
Pricilla Contreras, Member
Paul Anthony Rios, Member
Norberto Brito, Member (Alternate)
ZONING BOARD OF
ADJUSTMENT- M i nu t e s
CITY HALL, 411 W. 8TH ST.
CITY COUNCIL CHAMBERS – FIFTH FLOOR
March 06, 2024
8:30 A.M.
I. OPENING ITEMS
1. Invocation
II. CONSENT ITEMS
2. Motion to approve the Planning & Zoning meeting minutes for February 14,
2024.
III. PUBLIC HEARING
The Zoning Board of Adjustments board will hold a public hearing on the following
items:
3. CASE FILE NO. 2024-03-V
Open a public hearing to consider approval of the request of Jesus and Olivia
Muro, owners, for a variance from Section 14-7-7 of the City of Odessa Zoning
Ordinance to allow an existing residence to maintain a five and a half feet
(51/2’) side yard setback instead of the required six feet (6’) side yard setback
and from Section 14-7-9 (1) to allow the existing residence to maintain a four
feet (4’) rear yard setback instead of the required five fee (5’) rear yard setback
in a Two Family-One (2F-1) Zoning District, Lots 15-16 & 114.28 Sq. Ft. of Lot
14, Block 44A, Herbert and Wight Subdivision. (1100 Golder Ave.)
4. CASE FILE NO. 2024-04-V
Open a public hearing to consider approval of the request of Jimmy & Beckie
Allbright, owners, for a variance from Section 14-7-5 of the City of Odessa
Zoning Ordinance to allow a residence to be built with nine feet (9’) front yard
setback instead of the required five feet (25’) front yard setback in a Single
Family-Two (SF-2) Zoning District, Lot-3, Block 9, University Gardens. (4612
Orchid Ln.)
IV. Adjourn
Be it said and remembered that at 8:31 a.m. on the 6 t h day of March 2024, 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
Priscilla Contreras
Norberto Brito
Paul Anthony Ríos
MEMBERS ABSENT: Tim Harry, Vice Chairman
Kyle Newton (had a case)
Kirk Strahan
OTHERS PRESENT: Maria Prieto, Planning Manager; J a m e s R e b e r P l a n n e r ;
Cheynna Torres, Planning Tech, Gracie Rodriguez, Planning Tech; Gary Owens, Building
Official; Dan Jones, City Attorney
The minutes of the February 14, 2024, Zoning Board of Adjustments Commission
meet were approved, motion for approval being made by member, Pricilla Contreras,
seconded by board member, Paul Anthony Rios, with the vote being a unanimous “aye”.
TO: ZONING BOARD OF ADJUSTMENT
FROM: Maria Prieto, Planning Manager
SUBJECT: DOCKET NO. 2024-03-V
APPLICANT: Jesus and Olivia Muro, Owner
REQUEST: Variance from Section 14-7-7 and14-
7-9 (1) of the City of Odessa Zoning
Ordinance
PROPERTY INVOLVED: Lots 15-16 & 114.28 Sq. Ft. of Lot 14,
Block 44A, Herbert and Wight
Subdivision. (1100 Golder Ave.)
The property involved in this request is located at 1100 Golder Ave. This site is currently
zoned Two Family-One (2F-1) and is occupied by a single-family residence. The property
is surrounded by residential development to the north, south, east and west.
The applicants Jesus and Olivia Muro, owner, and the purpose of the request is for a
variance to allow an existing residence to maintain a five and a half feet (51/2’) side yard
setback instead of the required six feet (6’) side yard setback from Section 14-7-7 and to
allow the existing residence to maintain a four feet (4’) rear yard setback instead of the
required five feet (5’) rear yard setback from Section 14-7-9 (1) from the City of Odessa
Zoning Ordinance, which states:
Sec. 14-7-7 Side Yard
In the following zoning districts the minimum required side yard shall be in
accordance with the following schedule [1] and no building, structure or use shall
hereafter be located so as to have a smaller side yard on each side of such building
than herein required, and no side yard existing at the time of passage of this
ordinance shall be reduced below the minimum set forth herein:
Schedule minimum required side yard
Two Family-One (2F-1) 6 ft. (See Exhibit A)
Sec. 14-7-9 (1) Rear Yard
No building or structure shall hereafter be located, erected or altered to have a rear
yard smaller than herein required and no rear yard existing at the time of passage
of this ordinance shall be reduced below the minimum set forth below.
(1) There shall be a five (5) feet rear setback line for main or accessory buildings
unless no an alley exists or an easement with a minimum twenty (20) feet width
abuts the rear property line. No single-family or two-family residential building and
all accessory buildings on a lot shall cover more than seventy (70) percent of the
overall lot. For accessory building standards see section 14-7-13.
Two Family-One (2F-1) 5 ft. Rear Yard
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 maintain the side yard setback
to five and a half feet (5 ½’) and maintain the rear yard setback to four feet (4 ft.) will not
create any hazards or hardships to surrounding properties to light, air, or open space.
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 structures or additions shall be placed within the 6 ft. side yard setback.
2. No structures or additions shall be placed within the 5 ft. rear yard setback.
Information in order of inclusion:
--Area of notification map
--Copy of site plan
Maria Presented:
The property involved in this request is located at 1100 Golder Ave. This site
is currently zoned Two Family-One (2F-1) and is occupied by a single-family
residence. The property is surrounded by residential development to the
north, south, east and west.
The applicants Jesus and Olivia Muro, owner, and the purpose of the request
is for a variance to allow an existing residence to maintain five and a half feet
(51/2’) side yard setback instead of the required six feet (6’) side yard setback
from Section 14-7-7 and to allow the existing residence to maintain four feet (4’)
rear yard setback instead of the required five feet (5’) rear yard setback from
Section 14-7-9 (1) from the City of Odessa Zoning Ordinance, which states:
• Sec. 14-7-7 Side Yard
• Schedule minimum required side yard.
• Sec. 14-7-9 (1) Rear Yard
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.
Should the Board choose to approve this request, the Planning staff would recommend
adoption of the following conditions:
1. No structures or additions shall be placed within the 6 ft. side yard setback.
2. No structures or additions shall be placed within the 5 ft. rear yard setback.
Member Anthony Rios ask a question on Site Plan, as Maria Prieto (Planning
Manager) comments about some back story to this specific property.
A House was built years ago and was supposed to be remodeled only, as this was
demolished instead. Originally the back house was built with main home and with her
needing to rebuilt- Owners (Jesus & Olivia Muro) knew they had to replat and submit a
Site Plan for Approval. The Variance is only for the existing structures as the builders are
aware of the setback requirements.
Member Norberto Brito III responds, as of now the forms are only on the land.
Member Paul Anthony comments as well of the home not being built already why
is the home not meeting requirements? Does this have to do with the side issue or
existing? Maria Prieto replies with code ordinance having one ownership on lot not, two
with this home being existing with two double living owners. Anthony Rios ask if we were
to keep on five an half setback, will this help with the side approval or if we move it to the
setback then it will not. Mr. Prieto replies with such structure already does exist is what
the variance is for. Mr. Rios answers this home is not built yet, only form. Ms. Prieto
looks the audience for some questions to be answered as Chairman Gerardo Arzate
states the public portion is not yet open. Ms. Prieto answers to our understanding there
are current built structures. Mr. Rios replies with no house yet built only frame, as if you
look towards the back, you see some structure. Ms. Cheynna Torres (staff member of in
audience) stands to mention the photos of what is place behind the house frame are
already existing. Those are the ones the mentioning for the setback variance. As Mr.
Rios re-ask to verify, Not the new construction is what we are looking for? Ms. Prieto
verifies he is correct. The current structures are what the applicant is applying for.
Mr. Rios answers not new construction, as on the other plan it shows they are over the
setback. Ms. Prieto indicates only existing structures and new plans would have to have
a variance when they are done. When the plans come in as a Site Plan, we will indicate
the six (6’) feet separation between buildings and must oblige by the setback mentioned.
Mr. Rios mentions even the older homes are over the setbacks with the proposed
residence. Ms. Prieto answers they must stray away from the setback lines. Mr. Rios ask
if the existing structure is outside the setback, to which Ms. Prieto answers yes.
Member Norberto Brito ask if the homes are habitable or storage or garage? Ms.
Prieto answers habitable by another family currently resigning. As the Site plan is
submitted, they will submit both structures will allow them to remain.
At this time Chairman Gerardo Arzate ask board for any further discussion or
question for Maria Prieto (Planning Manager)
Mr. Brito ask if the site plan is going to be revised, indicating the new setbacks for the
existing structures with the current home. If we are to approve this one today this would
not go for anything new and if they were to need to come back, they would for the
proposed structure(s)? Ms. Prieto replies yes for any new structures would have to come
back for a new case. Mr. Brito mentions if they would have to be in compliance even with
the six-foot (6’) separation, new and existing structures. Ms. Prieto replies any kind of
beam, wall or cons must be (6’) six-foot separation as they may have the overhang but
must have structural portion (6’) six feet and yes, this variance is only for existing only.
Chairman Gerardo Arzate ask board again for any further discussion or question
for Maria Prieto (Planning Manager). Thanks Maria Prieto and Opens the Public hearing.
At this time Kyle Newton, Newton Engineering PC, approaches the podium on
behalf of the owners, Jesus & Olivia Muro. As Newton Engineering has helped them with
the replat process, this process and will continue with the Site Plan Approval. Ms. Prieto
explains the case on the residence being demolished instead of rebuilding the current
home. Now with applying for permits to fix the residence that has been done by another
company, as the process continues owners have come to some conflicts with the home
being built in the earlier years before the ordinance. (As the other site plan was not
placed on the presentation but pointed out in the agenda) Northeast end has the existing
structure being occupied with a detached structure next to it. Applicants and consultants
did submit a site plan on what kind of details owners were wanting, such as house to
current garage. As Kyle Newton, Newton Engineering, PC Consultant, turns to owners
for confirmation, with a proposed condition should have been submitted for this case. As
Maria Prieto opens the case file, pulls out the proposed file indicating the connection
between proposed residence and existing garage. This was one of the intents, variance
case and respond to the encroachments as applying for the encroachments. The new
structure will be setback to attach to the current garage where will pass is the eave, no
structure as I wanted to verify as I heard some questions. Mr. Rios thanks Mr. Newton for
clarifying the questions he has as those were the questions on the new structures.
Chairman Gerardo Arzate ask any further questions for Mr. Kyle Newton.
Mr. Brito, member, ask Mr. Newton about the detached as well with the setbacks.
Mr. Newton replies yes, proposed is within setbacks as the existing does not meet
setbacks and the detached garage. Mr. Rios ask the Building Official, Gary Owens,
about the detached garage if this would be a new structure or how do you categorize
this? Mr. Owens stand to approach the podium. States this is why we are here, as this is
a question and response on you as a board how we are going to continue with this. What
the ruling is what I must abide by. Mr. Newton states the new structure is not in the
setback only existing structure. Mr. Rios states yes but once you combine this would
make existing structures new, according to code?
Mr. Brito indicates Mr. Rios is stating as when the inspector or building official goes out
to inspect how are they going to state what to inspect. Mr. Owens replies to Mr. Brito as
a board you will get to determine how I will categorize it to be inspected. Reason this
case came to you guys once the residence was torn down, now not meeting code and
going back to when the house was built. Mr. Newton states why the variance was applied
for in the first place to get all existing structures figured out and hopefully approved to
move forward. Mr. Owens states if they hadn’t torn the house down on accident, we
would not be standing here trying to request a variance.
Mr. Rios ask how are is the detached garage over the setback? Into the five from
the site plan submitted Mr. Newton confirms. Mr. Brito ask Kyle Newton if there any way
to keep the garage detached? As Mr. Kyle Newton states the homebuilder could detest
to this as well as the owners, which he turns to owner for answers. Mr. Brito ask if the
owners or builders thought of keeping the garage detached? As Mr. Newton replies to
owner and builders would have to attest to that. Chairman Gerardo Arzate comments the
owners wanting the detached and this is partial on why we are here. Mr. Newton states
regardless of detach or attached, the new constructed will meet the setbacks as the
existing he was not the one who built them or spoke on behalf of. This would be what the
variance is for as the remainder will meet current building codes. As Mr. Newtons ask
board why it would matter if the garage were attached or detached. Mr. Rios states the
code is why this would matter as accessory buildings are required to have a (6’) Six Foot
Setback between structures. Mr. Newton states the encroachment is in the setback, as
why we presented what the owner wants to accomplish as speaking on behalf of what
they proposed to Newton Engineering. Either way if we are speaking on behalf of attach
or detach the original structure is already into the setback requirements.
At this time Chairman Arzate ask if any other questions for the owners or the
consultant Kyle Newton, Newton Engineering PC. Hearing no one come forward he then
begins to close the public portion for discussion or questions. As Mr. Brito wanted to
confirm if we are only here today to approve existing structures? Yes, as Chairman
Arzate confirms. As Mr. Brito states a concern if we allow them to go through will that set
president for future construction of this property. If the owners need another Variance,
are we allowing them to come back through for another. As board all reply “yes”.
Norberto Brito, Member, make a motion to approve 2024-03-V, with Staff
Recommendations of #1 & #2, as of approved this way? Chairman Arzate states this is
where they would have to return for attached or detached. This would state your motion
for Case File No. 2024-03-V with staff recommendations, Pricilla Contreras Second the
motion, speak in all in favor, with vote being unanimous “aye”.
ZONING
(Exhibit A)
14 Attachment 6
Minimum Side Yards - Residential Uses
DISTRICTS
TYPE USE FD SF-E SF-1 SF-2 SF-3 SF-4 SPD 2F-1 2F-2 GR 4-F MF-1 MF-2 MHE MH MU U P O MC NS R R-1 CB-1 CB-2 LC HC LI HI PD
Minimum Required Side
Yard Single-Family 5'
15' 15' 8' 6' 5' 5' 6' 6' 5' 5' 6' 5' 5' 6' 5' * 5' - 5' 5' 5' 5' 5' 5' 5' 5' 5' - -
Detached and Two-Three †
and Four-Family Dwellings
Minimum Required Side
Yard for Single-Family None None None None None None None None None None None None None None None
- - - - - - - - - - * - - - -
Attached and Special # # # # # + # # # # # # # # #
Housing
Minimum Required Side
15' 15' 15' 15' 15' 15' 15' 15' 15' 15' 15' 15' 15' 15'
Yard for Multiple-Family *
** ** ** ** ** ** ** ** ** ** ** ** ** ††
Dwellings
Minimum Required Side
Yard Mobile or HUD- ## 6' ## - ## ## ## ## ## ++
Manufactured Home
Minimum Required Side
Yard for Single-Family
Detached and Two-Family
5' 5' 5' 5' 5' 5' 5' 5' 5' 5' 5' 5' - 5' 5' 5' 5' 5' 5' 5' 5' 5'
Dwellings Located on Lots
Platted Prior to December
28, 1971
- Indicates side yard not applicable for type of housing
* See section 14-2-5
† See section 14-7-8(g)
# See section 14-7-8(e)
+ See section 14-7-8(5)
** See section 14-7-8(b)
†† See sections 14-7-8(b), (g), (i)
## See section 14-7-8(h)
++ See section 14-7-8(7), (8)
14 Attachment 6:1 Publication, Dec 2022
TO: ZONING BOARD OF ADJUSTMENT
FROM: Maria Prieto, Planning Manager
SUBJECT: DOCKET NO. 2024-04-V
APPLICANT: Jimmy and Beckie Allbright, Owners
REQUEST: Variance from Section 14-7-6 (c) of the
City of Odessa Zoning Ordinance
PROPERTY INVOLVED: Lot 3, Block 9, University Gardens.
(4612 Orchid Ln.)
The property involved in this request is located at 4612 Orchid Ln. This site is currently
zoned Single Family-Two (SF-2) District and is occupied by a single-family residence.
The property is surrounded by residential development to the north, south, east and west.
The applicants are Jimmie and Beckie Allbright, owners, and the purpose of the request
is for a variance to allow a structure (carport) to be built with eight feet (8’) front yard
setback instead of the required thirty-five feet (35’) front yard setback. In order to allow
the structure (carport) twenty-seven feet (27’) forward on the thirty-five (35’) front yard
setback the applicant is requesting a variance from Section 14-7-6 (c) of the City of
Odessa Zoning Ordinance, which states:
Sec. 14-7-6 (c) Special Front Yard Regulations
Where a building line has been established by plat or ordinance and such line
requires a front yard setback greater or lesser in depth than is prescribed by this
ordinance for the district in which the building line is located, the required front yard
shall comply with the minimum required front yard as established by section 14-7-
5. All residential development located on a cul-de-sac shall have a minimum front
yard building setback of fifteen (15) feet:
Single Family-Two (SF-2) 35 ft. (See Attached Plat)
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
eight feet (8’) is reasonable due to the main residence was originally built at 40 feet
from the property line. The applicant’s request to place the carport at 32 feet forward
instead of the 35 feet required will not create any hazards or hardships to
surrounding properties in relation to light, air, or open space. 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 structures or additions shall be placed within the 35 ft. front yard setback.
2. The structure (carport) shall not be enclosed in the future.
Information in order of inclusion:
--Area of notification map
--Copy of site plan
Ms. Maria Prieto Presents:
The property involved in this request is located at 4612 Orchid Ln. This site is currently
zoned Single Family-Two (SF-2) District and is occupied by a single-family residence.
The property is surrounded by residential development to the north, south, east and west.
The applicants are Jimmie and Beckie Allbright, owners, and the purpose of the request
is for a variance to allow a structure (carport) to be built with eight feet (8’) front yard
setback instead of the required thirty-five feet (35’) front yard setback. In order to allow
the structure (carport) twenty-seven feet (27’) forward on the thirty-five (35’) front yard
setback the applicant is requesting a variance from Section 14-7-6 (c) of the City of
Odessa Zoning Ordinance.
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.
Should the Board choose to approve this request, the Planning staff would recommend
adoption of the following conditions:
1. No structures or additions shall be placed within the 35 ft. front yard setback.
2. The structure (carport) shall not be enclosed in the future.
Chairman Gerardo Arzarte ask Ms. Prieto if this is for a carport, to which Ms. Prieto (Planning
Manager) attest to Mr. Arzate Question yes. This carport Ms. Prieto indicates will have the Row Met
and a (8’) Eight feet Setback remainder. Owners are asking for a 32ft over the ROW and Setback
requirement of (40’) Forty Feet Setback. Normal construction was built (40’) Forty Feet from original
site plans.
At this time Chairman Arzate ask if any questions are for Maria pertaining to this case.
Mr. Rios comments for the overhang into the setback or keep all inside. Ms. Prieto replies with an
answer from Mr. Allbright. “all structures and overhang will be kept inside of the allowed setback”.
Chairman Gerardo Arzate now asking board for any further question, hearing no one,
opens the public portion for comments or concerns.
Mr. Jimmy Allbright approaches the podium indicating name and address. As Mr. Allbright
explains the existing oak trees is what they used for the protection of their vehicles, due to conditions
they had to cut down the trees. Recently got two new vehicles, with one being a company vehicle as in
the last three month had to be replaced due to weather damages. The two vehicles we use for work
and our personal was paid more for than the home itself bought years ago, as protection for our items is
what we are most concern with. Since the home was built in the 70’s, the garage is too small to park
them.
Chairman Arzate ask audience if any question for Mr. Allbright or ask board for additional
concerns or questions. Hearing no one, closed the public portion and turns to his board for motion.
Member Anthony Rios Motions to approve with the recommendation from staff, Member Priscilla
Contreras Seconds the motion, chairman as if speak in all favor of, with vote being a unanimous “aye”.
There being no further business to come before the Board, the meeting was adjourned at
8:58 a.m.
Cheynna Torres, Planning Technician, placed the minutes in the Minute Book on March
06, 2024.
____________________________________
Gerardo Arzate, Vice Chairman
TO: ZONING BOARD OF ADJUSTMENT
FROM: Maria Prieto, Planning Manager
SUBJECT: DOCKET NO. 2024-07-V
APPLICANT: Herbert Ray Anderson and James
Wesley Anderson, Owners, Cleopatra
Anderson, Applicant
REQUEST: Variance from Section 14-7-5 of the
City of Odessa Zoning Ordinance
PROPERTY INVOLVED: Lot 1, Block 14, Davis Heights Addition
(841 Barrett Ave.)
The property involved in this request is located at 841 Barrett Ave. This site is currently
zoned General Residence (GR) and is currently vacant land. The property is surrounded
by residential development to the north, and vacant land to the east and south, and
residential development to the west.
The applicants are Herbert Ray Anderson and James Wesley Anderson, owners,
Cleopatra Anderson, applicant, and the purpose of the request is for a variance to allow
a structure (mobile home) to be placed at nineteen feet (19’) front yard setback instead of
the required twenty feet (20’) front yard setback. In order to allow the structure one (1’)
foot forward on the twenty (20’) feet front yard setback. The applicant is requesting a
variance from Section 14-7-5 of the City of Odessa Zoning Ordinance, which states:
Sec. 14-7-5 Front Yard
In the following zoning districts, the minimum required front yard shall be in
accordance with the following schedule and no building or structure shall
hereinafter be located, erected or altered so as to have a smaller front yard than
hereinafter required, and no front yard existing at the time of passage of this
ordinance shall be reduced below the minimum set forth in the following schedule
except as hereinafter provided:
Schedule minimum required front yard
General Residence (GR) 20 ft. (See Page 14 Attachment 5)
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 nineteen
feet (19’) instead of the required twenty feet (20’) front yard setback will not create any
hazards or hardships to surrounding properties to light, air, or open space. With this in
mind, the planning staff has no objections to this request as presented.
Information in order of inclusion:
--Area of notification map
--Copy of site plan
ZONING
14 Attachment 5
Minimum Required Front Yards
DISTRICTS
TYPE USE FD SF-E SF-1 SF-2 SF-3 SF-4 SPD 2F-1 2F-2 GR 4-F MF-1 MF-2 MHE MH MU U P O MC NS R R-1 CB-1 CB-2 LC HC LI HI PD
Minimum Required Front
25' 15'
Yard Except as Herein-After 35' 35' 25' 25' 25' 20' 25' 25' 20' 25' 25' 25' 15' ** 25' 15' 20' †† 20' †† -
* †
Provided
* See section 14-7-6(i)
† See section 14-7-6(g)
- See section 14-7-6(h)
** See section 14-2-5
†† See section 14-7-6(k)
14 Attachment 5:1 Publication, Dec 2022
Get email alerts for Odessa
A daily email when new agendas and minutes are posted.