Zoning Board of Adjustment

ZBA Members Gerardo Arzate, Chairman Tim Harry, Vice Chairman Kyle Newton, Member Kirk Strahan, Member Priscilla Contreras, Member Paul Anthony Rios, Member Norberto Brito III, Member (Alternate) ZONING BOARD OF ADJUSTMENT CITY HALL, 411 W. 8TH ST. CITY COUNCIL CHAMBERS – FIFTH FLOOR September 04, 2024 8:30 A.M. I. OPENING ITEMS 1. Invocation II. CONSENT ITEMS 2. Motion to approve the Planning & Zoning meeting minutes for July 17, 2024. III. PUBLIC HEARING The Zoning Board of Adjustments board will hold a public hearing on the following items: 3. CASE FILE NO. 2024-13-V Open a public hearing to consider approval of the request of LaVorick Williams, owner, for a variance from Section 14-7-3 of the City of Odessa zoning Ordinance to allow a structure (New Residence) to be built with a forty feet (40’) lot width instead of the required fifty feet (50’) lot width in a Single Family- Three (SF-3) Zoning District, Lot 6 less N 10ft, Block 7, Kennedy Heights Addition.). 4. CASE FILE NO. 2024-14-V Open a public hearing to consider approval of the request of Johnny McGuire, owner, for a variance from Section 14-7-5 (8) of the City of Odessa Zoning Ordinance to allow a structure (Carport) to be built on a lot with a four feet (4') front yard setback instead of the required minimum fifteen feet (15’) front yard  setback in a Light Commercial (LC) Zoning District, Lot 5, Block 15, Crestview Addition. (703 Lasseter Ave.) IV. Adjourn  Planning Division ZONING BOARD OF ADJUSTMENT MINUTES CITY OF ODESSA, TEXAS July 17, 2024 Be it remembered that at 8:36 a.m., on this 17th day of July, A.D. 2024, there came and was held a regular meeting of the Zoning Board of Adjustment of the City of Odessa, in the Council Chamber, 5th floor, City Hall, 411 West 8th Street, Odessa, Texas. Members present: Gerardo Arzate, Chairman Tim Harry, Vice Chairman Kyle Newton, Member Priscilla Contreras, Member Paul Anthony Rios, Member Norberto Brito, III, Alternate Member Staff present: Maria Prieto, Planning Manager Gracie Rodriguez, Planning Technician Gary Owens, Building Official A quorum being present, Chairman Gerardo Arzate called the meeting to order, and the following proceedings were held: I. OPENING ITEMS 1. The invocation was given by Commissioner Tim Harry. II. CONSENT AGENDA Chairman Gerardo Arzate requests for review of meeting minutes by the board prior to approval. 2. Consider approval of the minutes of the Zoning Board of Adjustment meeting held June 19, 2024. CASE FILE NO. 2024-11-V Vice-Chairman Tim Harry requested the verbiage from 06/19/2024 ZBA Meeting Minutes to be changed to reflect Executive Session, instead of Private Meeting, regarding the action of a private discussion in the Council Chambers Conference room for Item Number 3; Case File No. 2024-11-V. Planning Manager Maria Prieto voiced that the City of Odessa Legal Department has counseled that the Private Meeting verbiage is correct for this type of board meeting. Mr. Gerardo Arzate questioned the basis for Legal’s counsel. Planning Manager Maria Prieto states that the requested verbiage is primarily utilized for City Council meetings. Mr. Tim Harry concurred and withdrew motion for verbiage change to meeting minutes. Motion made by Vice-Chairman Tim Harry and seconded by Member Paul Anthony Rios that the Consent Agenda be approved and accepted as presented. The motion was approved by unanimous vote: 6-0. III. PUBLIC HEARING Chairman Gerardo Arzate opens public hearing portion of meeting for the following case(s) to be heard: 3. CASE FILE NO. 2024-12-V A public hearing was opened and consideration was given to the request of Oscar Trevizo, owner, for a variance from Section 14-7-5 of the City of Odessa zoning ordinance to allow a carport to remain at a three feet (3’) front yard setback and from Section 14-7-13 (b) for said carport to remain at a zero feet (0’) separation from main structure in an GR, General Residence Zoning District, Lot 11, Block 86, College Lands Addition, 1st Filing. (1418 N Jackson Avenue / Council District 3) Planning Manager Maria Prieto presents case and voices additional information, outside of the presentation, regarding the fact that the owner, Mr. Trevizo, inherited the existing prefabricated carport with the purchase of this property. The understanding of Mr. Trevizo wanting to keep this carport on the property is conveyed to the board. Chairman Gerardo Arzate opens the floor to the board for questions to be asked of the City of Odessa Planning staff. No feedback received. Chairman Gerardo Arzate opens the floor to the public for comment requesting that anyone approaching the podium please provide their Name and Address. Mr. Oscar Trevizo, owner of 1418 N Jackson Avenue, approaches the podium stating (in Spanish) that the reason of his request to keep the carport is because this was already present when he purchased the property. This is where his family spends time during meals; he, his wife and children get to play in this area. The carport provides a cover for his vehicle during storms. Most of all, this is the primary shade that his children have to play under during the summers and time off. Chairman Gerardo Arzate translates Mr. Trevizo’s plea in English to the board and thanks Mr. Trevizo, owner, for his comments. Chairman Gerardo Arzate opens the floor to the board for questions to be asked of Mr. Oscar Trevizo, owner. No feedback received. Chairman Gerardo Arzate opens the floor to the room to speak either for or against this variance request. No feedback received. This section of the meeting is now closed to the public. Chairman Gerardo Arzate opens the floor to the board for discussion or motion. Vice-Chairman Tim Harry asks staff for returned Public Notice Response Cards of protest or approval request from the neighboring 200’ radius homeowners. Planning Manager Maria Prieto presents Public Notice Response Cards status: NOTICES SENT OUT 19 RETURNED 1 APPROVALS 5 PROTESTS 0 Member Norberto Brito, III, asks if this address is within the Carport Overlay Zoning District. Planning Manager Maria Prieto confirms that this property is not within the overlay zone. Motion made by Vice-Chairman Tim Harry to approve variance with prefabricated carport as a pre-existing carport that was purchased with property; the Front yard setback should be three-foot (3’) instead of the required twenty-foot (20’) and that there is a zero-foot (0’) separation between the main building is allowed. Member Paul Anthony Rios inquires if a condition can be requested of the homeowner that the structure (carport / auto cover) shall not be enclosed in the future. Chairman Gerardo Arzate reiterates this request to the staff. Planning Manager Maria Prieto responds to Member Paul Anthony Rios’ question and states that conditions may be added by the board. Chairman Gerardo Arzate prompts Vice-Chairman Tim Harry to amend his motion for approval. Motion was made by Vice-Chairman Tim Harry to withdraw his motion in order to amend his motion to approve the requested variance of a Front Yard setback of three-foot (3’), instead of the required twenty- foot (20’) and that there be a zero-foot (0’) separation between the main building allowed for a pre- existing prefabricated carport which was purchased as part of the property with the condition to not enclose in the future. Motion seconded by Member Paul Anthony Rios that the consideration that it [the carport] not be covered on the sides. Chairman Gerardo Arzate clarifies this motion for the record repeating that the motion is to follow the staff’s recommendations and confirms that this is for a pre-existing prefabricated carport with the condition that it shall not be covered / enclosed. Chairman Gerardo Arzate states that the motion requested by Vice-Chairman Tim Harry stands and inquires of the board for a second motion. Motion is re-seconded by Member Paul Anthony Rios. Motion approved by unanimous vote: 6-0 Motion was made by Vice-Chairman Tim Harry and seconded by Member Priscilla Contreras to adjourn. Motion approved by unanimous vote: 6-0 Meeting adjourned at 8:47 a.m. ATTEST: APPROVED: Gracie Rodriguez Gerardo Arzate Planning Technician Chairman Elizabeth Shaughnessy Director of Development Meeting Minutes placed in Minute Book July 18, 2024.  TO: ZONING BOARD OF ADJUSTMENT FROM: Maria Prieto, Planning Manager SUBJECT: DOCKET NO. 2024-13-V APPLICANT: LaVorick Williams, Owner REQUEST: Variance from Section 14-7-3 (a) of the City of Odessa Zoning Ordinance PROPERTY INVOLVED: Lot 6 less N 10, Block 7, Kennedy Heights Addition, (1200 Bluebonnet Ave.) The property involved in this request is located at 1200 Bluebonnet Ave. This site is currently zoned Single Family-Three (SF-3) and is occupied by a single-family residence. The property is surrounded by Single Family-Three (SF-3) residential development to the north, south, east and west. The applicant is LaVorick Williams, owner, and the purpose of the request is for a variance to allow a structure (new residence) to be built on a lot with a forty feet (40’) lot width instead of the required fifty feet (50’) lot width. The applicant is requesting a variance from Section 14-7-3 (a) of the City of Odessa Zoning Ordinance, which states: Sec. 14-7-3 (a) Lot Width (a) The minimum lot width for lots in the various districts used for residential purposes, shall be in accordance with the following schedule, provided that a lot having less width than herein required which was an official lot of record prior to the adoption of this Ordinance may be used as a single-family or mobile/hud- manufactured home dwelling and no lot existing at the time of passage of this Ordinance shall be reduced in width below the minimum set forth herein except where a platted lot or a portion thereof is part of a lot of record as described in 14- 19-1(a)(96)(b) or 14-19-1(a)(96)(c) and all or part of such lot of record is being platted in accordance with the minimum standards of this Ordinance. Schedule minimum required Lot Width Single Family-Three (SF-3) 50 ft. (See Exhibit A) The City of Odessa acquired ten feet (10’) of the north elevation of Lot 6, adjacent to Clements St. for the widening of E Clements St. in 1996. This widening contained 1,586.85 square feet or 0.364 acres of land more or less. (See Exhibits A thru E) 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 the applicant’s request to allow for the construction of a single-family residence on a lot width of forty feet (40’) instead of the required fifty feet (50’) lot width will not create any hazards or hardships to surrounding properties to light, air, or open space. Based on analysis of the site, staff recommends approval of the request with the following conditions: 1. Shall meet Zoning Ordinance requirements related to setbacks and lot coverage for single family dwellings. 2. Shall meet building code requirements and obtain a permit from the Building Inspections Department. Information in order of inclusion: --Area of notification map --Copy of site plan --Exhibits 1200 Bluebonnet Ave  1200 Bluebonnet Ave Open a public hearing to consider approval of the request of LaVorick Williams, owner, for a variance from Section 14-7-3 of the City of Odessa Zoning Ordinance to allow a structure (New Residence) to be built forty feet (40') instead of the required Fifty Feet (50') lot width in a Single Family-Three (SF-3) Zoning District, Lot 6 less N 10 ft, Block 7, Kennedy Heights Addition.  Exhibit A In the following zoning districts the minimum lot width for residential uses shall be in accordance with the following schedule: Schedule-minimum required lot width-residential uses DISTRICTS 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 Single Family Residence - 1 Single Family Residence - 2 Single Family Residence - 3 Single Family Residence - 4 Two Family Residence – 1 Two Family Residence - 2 Four Family Residence Multi-Family Residence - 1 Multi-Family Residence – 2 Future Development Single Family Estate General Residence Mobile Home Estate Neighborhood Service Central Business - 1 Central Business – 2 Light Commercial Heavy Commercial Planned Development TYPE USE Special Dwelling Mobile Home Medical Center Light Industrial Heavy Industrial Mixed Use University Parking Office Retail Retail - 1 Single-Family Dwelling 150’ 150 80’ 60’ 50’ 50’ 50’ 50’ 50’ 50’ 50’ 50’ 50’ 60’ 50’ - 50’ - 50’ 50’ 50’ 50’ 50’ 50’ 50’ 50’ 50’ - - 40’ Detached Single-Family Dwelling See - - - - - - 20 20’ 20 20’ 20’ 20’ 20’ - - 20’ - 20’ 20’ - 20’ 20’ 20’ 20’ 20’ - - - 20’ Attached 14-2-5 See Two-Family Dwelling - - - - - - 60’ 60’ 60’ 60’ 60’ 60’ 60’ - - 60’ - 60’ 60’ - 60’ 60’ 60’ 60’ 60’ 60’ - - 50’ 14-2-5 Three Or Four-Family See - - - - - - - - - 60’ 60’ 60’ 60’ - - 60’ - 60’ 60’ - 60’ 60’ 60’ 60’ 60’ 60’ 60’ - 60’ Dwelling 14-2-5 Multiple-Family Dwelling See - - - - - - - - - 60’ - 60’ 60’ - - 60’ - 60’ 60’ - 60’ 60’ 60’ 60’ 60’ 60’ 60’ - 60’ Three Stories Or Less 14-2-5 Multiple-Family Dwelling See - - - - - - - - - - - - 100’ - - 100’ - - - - - - 100’ 100’ - - - - - Over Three Stories 14-2-5 See Special Housing - - - - - - 20’ - - - 20’ 20’ 20’ - - 20’ - - 20- - 20’ 20’ 20’ 20’ 40’ 40’ 40’ - 40’ 14-2-5 Mobile Or HUD Manufactured Home - ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 50’ ‐ ‐ - 60’ 50’ - 50’ - - - - 40’ 40’ - - 40’ 40’ 40’ - 40’ RV Park Space - - - - - ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 25’ - ‐ ‐ ‐ ‐ ‐ 25’ 25’ ‐ ‐ 25’ 25’ 25’ - - NOTE: -INDICATES WIDTH NOT APPLICABLE Page 59 of 152  TO: ZONING BOARD OF ADJUSTMENT FROM: Maria Prieto, Planning Manager SUBJECT: DOCKET NO. 2024-14-V APPLICANT: Johnny McGuire, Owner REQUEST: Variance from Section 14-7-6 (8) of the City of Odessa Zoning Ordinance PROPERTY INVOLVED: Lot 5, Block 15, Crestview Addition, (703 Lasseter Avenue) The property involved in this request is located at 703 Lasseter Ave. This site is currently zoned Light Commercial (LC) 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 Johnny McGuire, owner, and the purpose of the request is for a variance to allow a structure (Carport) to be built on a lot with an four feet (4’) front yard setback instead of the required fifteen (15’) setback. The applicants are requesting a variance from Section 14-7-6 (8) of the City of Odessa Zoning Ordinance, which states: Sec. 14-7-5 Front Yard Housing Development - Fifteen (15) feet or as specified in the amending ordinance See 14-7-6(8) 15 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 that the applicant’s request to reduce the front setback to four feet (4’) instead of the required fifteen feet (15’) front setback will not create any hazards or hardships to surrounding properties related to light, air, or open space. Lasseter Ave. has a 20 ft. Right of Way. Low traffic volume in this residential street should not be impacted. Based on analysis of the site, staff recommends approval of the request as shown with the following conditions: 1. The carport shall not be enclosed in the future. 2. No other structures or additions may be placed within the fifteen feet (15’) front yard setback. Information in order of inclusion: --Area of notification map --Copy of site plan  Minimum Required Page 61 of 152 Front Yard Except 35’ TYPE USE As Herein-After Future Provided FD Development 35’ Single Family Estate SF-E 25’ Single Family Residence - 1 SF-1 25’ Single Family Residence - 2 SF-2 25’ Single Family Residence - 3 SF-3 20’ Single Family Residence - 4 SF-4 Scheduled minimum required front yards 25’ See Special Dwelling 14-7- SPD 6(9) 25’ Two Family Residence – 1 2F-1 25’ Two Family Residence - 2 2F-2 20’ General Residence GR 25’ Four Family Residence 4-F 25’ Multi-Family Residence - 1 15’ See Multi-Family Residence – 2 14-7- 6(7) Mobile Home Estate Exhibit A 25’ MF-1 MF-2 MHE 15’ Mobile Home MH DISTRICTS See Mixed Use MU 25’ 14-2-5 University U Method of Measuring Front Yards 15’ Parking P 20’ Office O See 14-7- Medical Center MC 6(11) MINIMUM REQUIRED FRONT YARD SPECIFIED IN FEET 20’ Neighborhood Service NS Retail R Retail - 1 R-1 Central Business - 1 CB-1 Central Business – 2 CB-2 See 14-7-6(11) Light Commercial LC Heavy Commercial HC Light Industrial LI Heavy Industrial HI See 14-7- Planned Development PD 6(8)  Amendment to Exhibit A (7) In the MF-2 and O Districts, a minimum front yard of fifteen (15) feet shall be required in all cases provided, however, that in no case shall the distance as measured from the center line of the street on which a building fronts to the face of the building be less than one-half (1/2) the height of the building; however, in no case need such distance exceed fifty (50) feet regardless of the height of the building. Setback Standards High Rise Apartment and Similar Structures (8) In the PD District the following minimum front yards shall be provided: Commercial Development - Fifteen (15) feet or as specified in the amending ordinance. Housing Development - Fifteen (15) feet or as specified in the amending ordinance. Retail Development - Forty (40) feet except drive-in service may be located within sixteen (16) feet of the front property line and a different front yard line may be established in retail developments as the setback is specified in the amending ordinance. Industrial Development - Twenty (20) feet or as specified in amending ordinance. Office, Medical or Other Development - Twenty (20) feet or as specified in amending ordinance. Page 64 of 152 Open a public hearing to consider approval of the request of Johnny McGuire, owner, for a variance from Section 14-7-5 (8) of the City of Odessa Zoning Ordinance to allow a structure (Carport) to be built on a lot with an four feet (4') front yard setback instead of the required minimum fifteen feet (15') front yard setback in a Light Commercial (LC)_ Zoning District, Lot 5, Block 15, Crestview Adel Addition. (703 Lasseter Ave) Open a public hearing to consider approval of the request of Johnny McGuire, owner, for a variance from Section 14-7-5 (8) of the City of Odessa Zoning Ordinance to allow a structure (Carport) to be built on a lot with an four feet (4') front yard setback instead of the required minimum fifteen feet (15') front yard setback in a Light Commercial (LC)_ Zoning District, Lot 5, Block 15, Crestview Adel Addition. (703 Lasseter Ave)