Zoning Board of Adjustment

ZBA Members Gerardo Arzate, Chairman Kyle Newton, Member Kirk Strahan, Member Pricilla Contreras, Member Paul Anthony Rios, Member Henry Enriquez, Member Norberto Brito III, (Alternate) ZONING BOARD OF ADJUSTMENT CITY HALL, 411 W. 8TH ST. CITY COUNCIL CHAMBERS – FIFTH FLOOR March 05, 2025 8:30 A.M. I. Opening Items 1. Invocation II. Consent Items 2. Motion to consider the election of a Vice-Chairman for the Zoning Board of Adjustment. 3. Motion to approve the minutes of the November 06, 2024, Zoning Board of Adjustment Meeting. III. Public Hearing The Zoning Board of Adjustment will hold a public hearing on the following items: 4. CASE FILE NO. 2025-01-V Open a public hearing to consider approval of the request of Mike Walts, owner, for a variance from Section 14-7-7 of the City of Odessa Zoning Ordinance to allow a shop to be built with zero feet (0’) side yard setback in a Planned Development- Single Family-One (PD-SF-1) Zoning District, Lot 2, Block 20, Replat of The Estates of Shiloh, 2nd Filing. (32 Castle Oaks Dr.) IV. Adjourn  ZONING BOARD OF ADJUSTMENT MEETING DATE: March 05, 2025 FROM: Maria Prieto, Planning Manager SUBJECT: DOCKET NO. 2025-01-V APPLICANT: Mike Walts, Owner REQUEST: Variance from Section 14-7-7 of the City of Odessa Zoning Ordinance PROPERTY INVOLVED: Lot 2, Block 20, Estates of Shiloh (32 Castle Oaks Dr.) The property involved in this request is located at 32 Castle Oaks Dr. This site is currently zoned PD-SF-1, Planned Development-Single Family-One District and is occupied by a single-family residence. The property is surrounded by residential development to the north, east, south and west. The applicant is Mike Walts, owner, and the purpose of the request is for a variance to allow a structure (metal shop) approximately 20 ft. by 60 ft. to be built at zero feet (0’) side yard setback instead of the required eight feet (8’) side yard setback. The applicant is requesting a variance from Section 14-7-7 of the City of Odessa Zoning Ordinance, which states: Sec. 14-7-5 Front Yard In the following zoning districts the minimum required side yard shall be in accordance with the following schedule and no building or structure or use shall hereinafter be located, so as to have a smaller side yard than hereinafter required, and no side yard existing at the time of passage of this ordinance shall be reduced below the minimum set forth in the following schedule except hereinafter: Schedule minimum required front yard Single Family-One (SF-1) 8 ft. (See Page 14 Attachment 6) 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 there are no special conditions associated with this property that do not exist for others in the area. The applicant’s request to reduce the side yard setback to zero feet (0’) instead of the required eight feet (8’) side yard setback will create a hazard to the adjacent lot in case of an emergency since there is already a structure within approximately 10 feet of the owner’s property line. The Planning Staff cannot support the variance request, and recommends that the request be denied, and that the structure (metal shop) be placed on the lot to meet the building setback requirements. However, should the Board choose to approve this request, Planning staff would recommend adoption of the following conditions: 1. That the structure shall be placed at six feet (6’) distance from any other structure within the property. 2. That no other structures or additions may be placed within the eight feet (8’) side yard setback. 3. That the water runoff from the roof shall be directed away from adjacent neighboring property. Information in order of inclusion: --Property owner letter --Copy of site plan --Minimum Side Yard Attachment --Area of notification map --Subdivision Plat --PD-SF-1 Approved Zoning  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