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 18, 2024 8:30 A.M. I. OPENING ITEMS 1. Invocation II. CONSENT ITEMS 2. Motion to approve the Planning & Zoning meeting minutes for September 04, 2024. III. PUBLIC HEARING The Zoning Board of Adjustments board will hold a public hearing on the following items: 3. CASE FILE NO. 2024-15-V Open a public hearing to consider approval of the request of Allen Hall, owner, for a variance from Section 14-7-5 of the City of Odessa Zoning Ordinance to allow a structure (carport) to be built with a zero feet (0’) front yard setback instead of the required twenty-five feet (25’) front yard setback in a Two Family-One (2F-1) Zoning District, Lot 4, Block 14, Brentwood Subdivision 1st Filing, Replat. (2716 Brentwood Dr.). IV. Adjourn  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 MINUTES 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 Be it said and remembered that at 8:32 a.m. on the 4 th day of September, 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 Tim Harry, Vice Chairman Kirk Strahan Kyle Newton Norberto Brito III (Alternate) MEMBERS ABSENT: Anthony Paul Rios Priscilla Contreras OTHERS PRESENT: Elizabeth Shaughnessy, Director of Development; Maria Prieto, Planning Manager; Erik Reyes, Planner; CheynnaTorres & Gracie Rodriguez, Planning Technicians; Joe Tucker, Director of Public Works; Rebecca Muniz, Legal Assistant; Dan Jones, City Attorney The minutes of the July 17, 2O24, Zoning Board of Adjustments Commission meet were approved, motion for approval being made by Vice-Chairman, Tim Harry, seconded by member, Kyle Newton, with the vote being a unanimous "aye".  TO: ZONING BOARD OF ADJUSTMENT 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.) Maria Prieto presents: 21 Notices sent, one (1) approval, zero (0) protest and denied 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: 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. 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. Staff is here for any questions Maria states the owner is currently not here, as the request was done for the expansion of the City of Odessa roads. Gerardo Arzate, Chairman, opens the public hearing to state name and address, hearing no one come forward closes the public portion of the meeting and turns to members for discussion or motion. Member Kirk Strahan moves to approve item; Seconded by member Norberto Brito III AYE: Gerardo Arzate, Tim Harry, Kyle Newton, Kirk Strahan, Norberto Brito III NAY: None Motion pass with the following votes: 5-0  TO: ZONING BOARD OF ADJUSTMENT 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) Maria Prieto presents: 18 Notices sent, zero (0) returned and protest; one (1) approval 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: 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. Ms. Prieto states on Section 14-7-5, Housing Development does have a fifteen (15') front yard setback as specificied in amending ordinance. Does state in the agenda 14-7-8, which does indicated the fifteen (15') feet. As 14-7-5 does state Front Yard Setback, as it as well recommends for us to review 14-7-6(8), as stating since the need to be added to the Case File. Staff is available for any questions. Chairman, Arzate, ask member for any staff questions, hearing none, opens the public hearing for audience for concern or questions. Jimmy McGuire approaches the podium stating 703 Lasseter Ave. As the previous hail damage we had on our vehicles and the issues we've had with the insurance. The carport is just to protect from furture instances from repeating. Mr. Arzate, chairman, ask if any other audience member would like to speak for or against, Hearing none, closes the public portio of the meeting and turns to his fellow members for motion. Vice-Chairman, Tim Harry makes a motion to approve as presented: Seconded by member Kirk Strahan AYE: Gerardo Arzate, Tim Harry, Kyle Newton, Kirk Strahan, Norberto Brito III NAY: None Motion pass with the following votes: 5-0 Chairman ask if any additional cases are to be preseneted, staff replies no other business, and Mr. Arzate, Chairman, turns to his members for motion to adjourn. Tim Harry makes motion to adjourn, Kirk Strahan secondeds the motion to adjourn. AYE: Gerardo Arzate, Tim Harry, Kyle Newton, Kirk Strahan, Norberto Brito III NAY: None Motion to adjourn pass with the following votes: 5-0 Meeting adjourn at 8:40 a.m. Cheynna Torres, Planning techinican places the minutes in the Minute book on September 9, 2024. ──────────────────────────── Gerardo Arzate, Chairman  TO: ZONING BOARD OF ADJUSTMENT FROM: Maria Prieto, Planning Manager SUBJECT: DOCKET NO. 2024-15-V APPLICANT: Allen Hall, Owner REQUEST: Variance from Section 14-7-5 of the City of Odessa Zoning Ordinance PROPERTY INVOLVED: Lot 4, Block 14, Brentwood Subdivision 1st Filing, Replat (2716 Brentwood Dr.) The property involved in this request is located at 2716 Brentwood Dr. This site is currently zoned Two Family-One (2F-1) Zoning District and is occupied by a single-family residence. The property is surrounded by single family residential development to the north, south, east and west. The applicant is Allen Hall, owner, and the purpose of the request is for a variance to allow a structure (carport) to be built with a zero feet (0’) front yard setback instead of the required twenty-five feet (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. 14-7-5 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 Two Family-One (2F-1) 25 ft. (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 property is located within the Carport Overlay, however, the current Two Family-One Zoning District is not included in the Carport Overlay Ordinance,(2024-17). 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. The applicant’s request to reduce the front yard setback to zero feet (0’) front yard setback instead of the required twenty-five feet (25’) front yard setback will create a precedence for the surrounding properties to follow. Staff would like to recommend that the carport be attached to the main residence in order to allow a six feet (6’) front yard setback to avoid any traffic hazards or hardships to surrounding properties in relation to light, air, or open space. Should the Board choose to approve this request, the Planning staff would recommend adoption 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 25’ front yard setback. 3. No other structures or additions shall be placed on the property without first contacting the Building Inspections Dept. and obtaining a building permit. Information in order of inclusion: --Exhibit A – Front Yard Setback --Exhibit B – Site Plan --Area of notification map --Aerial map  Exhibit A 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 Exhibit B Open a public hearing to consider approval of the request of Allen Hall, owner, for a variance from Section 14-7-5 of the City of Odessa Zoning Ordinance to allow a carport to be built with a zero feet (0') front yard setback instead of the required twenty-five feet (25') front yard setback in a Two Family-One (2F-1) Zoning District, Lot 4, Block 14, Brentwood Subdivision 1st Filing, Replat. (2716 Brentwood Dr.). Open a public hearing to consider approval of the request of Allen Hall, owner, for a variance from Section 14-7-5 of the City of Odessa Zoning Ordinance to allow a carport to be built with a zero feet (0') front yard setback instead of the required twenty-five feet (25') front yard setback in a Two Family-One (2F-1) Zoning District, Lot 4, Block 14, Brentwood Subdivision 1st Filing, Replat. (2716 Brentwood Dr.).