Zoning Board of Adjustment

ZBA Members Gerardo Arzate, Chairman Tim Harry, Vice Chairman Kyle Newton, Member Kirk Strahan, Member Pricilla Contreras, Member Paul Anthony Rios, Member Norberto Brito III, (Alternate) ZONING BOARD OF ADJUSTMENT CITY HALL , 411 W. 8TH ST. CITY COUNCIL CHAMBERS – FIFTH FLOOR November 06, 2024 8:30 A.M. I. Opening Items 1. Invocation II. Consent Items 2. Approve the minutes of the September 18 2024, Zoning Board of Adjustment Meeting. III. Public Hearing The Zoning Board of Adjustment will hold a public hearing on the following items: 3. CASE FILE NO. 2024-19-V Open a public hearing to consider approval of the request of Ortega Construction, LLC, owner, for a variance from Section 14-7-5 of the City of Odessa Zoning Ordinance to allow a garage with a storage to be built with a zero feet (0’) front yard setback and zero feet (0’) side yard setback and an extended garage to be built with nineteen feet (19’) front yard setback in a Single Family-Three (SF-3) Zoning District, Lot 1-2 Block 28, Hollywood View.) 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 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 Be it said and remembered that at 8:30 a.m. on the 18 th day of September 2024, there came on and was held a Zoning Board of Adjustment meeting in the Council Chambers, 5th Floor, 411 W. 8th St., Odessa, Texas. MEMBERS PRESENT: Gerardo Arzate, Chairman Tim Harry, Vice Chairman Norber t o BritoIII Paul Anthony Ríos Kyle Newton Kirk Strahan MEMBERS ABSENT: Priscilla Contreras OTHERS PRESENT: Maria Prieto, Planning M a n a g e r ; J a m e s R e b e r, P l a n n e r ; E r i k R e y e s , P l a n n e r ; Cheynna Torres, Planning Technician, Gracie Rodriguez, Planning Technician The minutes of the September 4, 2024, Zoning Board of Adjustment Commission meet were approved, motion for approval being made by member, Tim Harry, seconded by board member, Kirk Strahan, with the vote being a unanimous “aye”.  TO: ZONING BOARD OF ADJUSTMENT 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.) Erik Reyes Presents: 21 Notices Sent, zero (0) returned, approved and protest 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: 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. Staff is available for any questions. Member Tim Harry ask for the Zoning District, referencing the 2F-1 as stated in the agenda. Asking as well why this is indicated as a Multiple Family Residence instead of the Single-Family Residence Zoning District. Maria Prieto states when requested in the past was to place multi-family. In the North are Single-Family which are in the Carport Overlay Zone as was created and adopted 2F-1 Zoning District was not included. As SingleFamily-1, 2, & 3 Zoning District was only zoning included. Mr. Harry ask staff if this Single-Family home in a multi-family district. Maria Prieto states yes, as explaining the Carport Overlay Zone Ordinance to members. Member Anthony Rios ask from back of curb distance and begins to do the math as staff state 32 ft. Member Tim Harry ask what the curb barrier in the photo for. As Maria Prieto states the owner would have to attest to that. Chairman Gerardo Arzate ask members for any other questions, hearing none, open the public hearing for those who would like to speak on behalf of this case to state name and address. Mr. Allen Hall and Wife, Shelly Hall, stating 2716 Brentwood Dr. As you were seeing in the photo was a cinderblock for parking reason so no one would hit the home, as the full street has one. As a Motorcycle is placed next to it, just to save parking space. The Carport could be set back after the cinderblock, which would give the six (6’) foot distance, as the carport would give plenty of space for the sidewalk and will not block view(s) of potential drivers or homeowners. As other existing carports are in the block, which they are made to stray clear of views for drivers or homeowners. As the discussion with the Carport Builders was mentioned to minimize the size for permit reasons to corporate with the city requirements. As the reason for requesting is to prevent heat and hail damage done like previous vehicles. We as homeowners will do what is necessary to get this carport approved. Chairman ask audience for any additional questions or concerns regarding this carport case. Hearing none, closes the public portion of this meeting and turns to members for discussion or motion. Member Anthony Paul Rios made a motion to approve with condition; Seconded by Kirk Strahan Condition: Attach carport to main residence to give setback than the zero (0’) ft, with an overhang, along with City requirements. Stating a 19 ft x 19 ft Carport with an 8 ft distance from edge of sidewalk. AYE: Gerardo Arzate, Tim Harry, Kyle Newton, Kirk Strahan, Paul Anthony Ríos, Norberto Brito III NAY: None Motion pass with the following votes: 6-0 Chairman turns to his commissioner for motion to adjourn. Tim Harry Makes a motion to adjourn: Seconded by Kirk Strahan AYE: Gerardo Arzate, Tim Harry, Kyle Newton, Kirk Strahan, Paul Anthony Ríos, Norberto Brito III NAY: None Motion pass with the following votes: 6-0 There being no further business to come before the members, the meeting was adjourned at 8:43 a.m. Cheynna Torres, Planning Technician, placed the minutes in the Minute Book on September 20, 2024. ──────────────────────────────── Gerardo Arzate, Chairman  TO: ZONING BOARD OF ADJUSTMENT FROM: Maria Prieto, Planning Manager SUBJECT: DOCKET NO. 2024-19-V APPLICANT: Ortega Construction, LLC, Owner Gerardo Arzate, Applicant REQUEST: Variance from Section 14-7-5 and 14- 7-7 of the City of Odessa Zoning Ordinance PROPERTY INVOLVED: Lot 1 & 2, Block 28, Hollywood View, (1601 W 19th St) The property involved in this request is located at 1601 W 19th St. This site is currently zoned Single Family-Three (SF-3) and is occupied by a single-family residence. The property is surrounded by residential development to the north, south, east and west. The owner is Ortega Construction, LLC, and Gerardo Arzate, applicant and the purpose of the request is for a variance from Section 14-7-5 of the City of Odessa Zoning Ordinance to allow a garage with a storage to be built with a zero feet (0’) front yard setback instead of the required twenty-five feet (25’) front yard setback and from Section 14-7-7 a zero foot (0’) side yard setback instead of the five feet (5’) side yard setback and a variance from Section 14-7-5 to allow an extended enclosed garage to be built with a nineteen feet (19’) 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 Single Family-3 25 ft. (Exhibit A) Sec. 14-7-7 Side Yard In the following zoning districts the minimum required side yard shall be in accordance with the following schedule 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 side yard Single Family-3 5 ft. (Exhibit B) 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. The variance will be contrary to the public interest if approved. First, the proposed garage/storage structure will reduce the amount of light, air, or open space for the adjacent property owner and set a negative precedent for other owners to place their structures within the front yard setback. Second, an enclosed garage extension will create safety issues for northbound traffic to be visible from Santa Monica Ave. Finally, the property will need to be replatted to combine both lots since existing structures are overlapping lot lines. Staff analysis of this request is to deny the applicant’s request for the structure (garage/storage) to be located in the front yard with a zero foot (0’) front yard setback and a zero foot (0‘) side yard setback. The property is located in close proximity with an intersection which might hinder visibility of traffic if the existing garage is extended and enclosed. However, should the Board choose to approve this request we recommend the following conditions, which would require: 1. That the proposed Garage/Storage shall follow the minimum front yard setback of fifteen (15’) and five (5’) feet side yard setback. 2. That instead of an enclosed Garage extension an open carport would be more suitable since property is located within a Carport Overlay Zone. 3. That the applicant shall submit a final site plan to the Planning Manager for approval.  4. That no additional structures shall be placed within the twenty-five feet (25’) front yard setback. 5. That the property shall be replatted to combine lots 1 & 2. 6. That no additional structures shall be added, the maximum lot coverage of 70% will be reach with proposed structures on this variance. 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  ZONING 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