Zoning Board of Adjustment

ZBA Members Gerardo Arzate, Chairman Kyle Newton, Vice Chairman 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 May 21, 2025 8:30 A.M. I. Opening Items 1. Invocation II. Consent Items 2. Approve the minutes of the May 07, 2025, 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. 2025-03-V Open a public hearing to consider approval of the request of David Veloz, owner, for a variance from Section 14-7-7 of the City of Odessa zoning Ordinance to allow a structure (carport) to be built at zero feet (0’) side yard setback instead of the required fifteen feet (15’) side yard setback in a Single Family-Three (SF-3) Zoning District, Lot 1, Block 9, Lydale Addition, 1st Filing. (4332 Locust Ave.) 4. CASE FILE NO. 2025-04-V Open a public hearing to consider approval of the request of Christopher Tetley, owner, for a variance from Section 14-7-7 of the City of Odessa zoning Ordinance to allow a structure (carport) to be built at zero feet (0’) side yard setback instead of the required fifteen feet (15’) side yard setback in a Single Family-Three (SF-3) Zoning District, Lot 56, Block 7, North Park Addition, 9tht Filing. (610 E. 95th St.) 5. CASE FILE NO. 2025-05-V Open a public hearing to consider approval of the request of Sheryl Walker, 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 two feet (2’) front yard setback instead of the required twenty feet (25’) front yard setback in a Two Family-One (2F-1) Zoning District, Lot 01, Block 125, College Addition,1stFiling Supplemental Plat. (1701 N. Lincoln Ave.) IV. Adjourn  TO: ZONING BOARD OF ADJUSTMENT FROM: Maria Prieto, Planning Manager SUBJECT: DOCKET NO. 2025-03-V APPLICANT: David Veloz, Owner REQUEST: Variance from Section 14-7-8 (d) of the City of Odessa Zoning Ordinance PROPERTY INVOLVED: Lot 1, Block 9, Lyndale Addition, 1st Filing (4332 Locust Ave.) The property involved in this request is located at 4332 Locust Ave. This site is currently zoned Single Family-Three (SF-3) 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 David Veloz, owner, and the purpose of the request is to obtain a variance to allow the construction of a 570 sq. ft. carport to be built with a zero-foot (0’) side yard setback instead of the required fifteen feet (15’) side yard setback. The applicant is requesting a variance from Section 14-7-8 (d) of the City of Odessa Zoning Ordinance, which states: Sec. 14-7-8 Special Side Yard Regulations (d) On a corner lot used for one-family, two-family or multiple-family dwellings a minimum side yard of ten (10) feet shall be observed. On lots which were official lots of record prior to December 28, 1971, the minimum side yard adjacent to a side street shall comply with the required side yard for the respective districts as specified in section 14-7-7 or with any side yard shown on a plat of record. 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 (Ordinance No. 2024-17), however, the applicant is proposing to place the carport on the side yard setback adjacent to E 46th St. According to the Plat for Lyndale Addition, 1st Filing, recorded in 1959, a fifteen-foot (15') side yard setback was established for lots adjacent to E. 46th Street. 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 side yard setback to zero feet (0’) instead of the required fifteen feet (15) side yard setback will create a precedence for the surrounding properties to follow. The property is situated at an intersection, which may impede the visibility of vehicular traffic approaching E. 46th St. due to the proposed carport's pitched roof extending up to a height of fifteen feet (15’). In addition, an existing metal fence encloses the side yard, potentially further obstructing sightlines. The Planning Staff cannot support the variance request, and recommends that the request be denied, and that the carport be located at the rear of the property, maintaining a six-foot (6') separation between the main residence and the accessory structure. Should the Board choose to approve this request, the Planning staff would recommend adoption with the following conditions: 1. That no other structures or additions may be placed within the fifteen feet (15’) side yard setback. 2. The eave of the carport shall be kept entirely within the property line. 3. That the carport shall not be enclosed in the future. 4. Shall meet building code requirements and obtain a permit from the Building Inspections Department. Information in order of inclusion: --Exhibit A – Side Yard Setback --Exhibit B – Site Plan --Area of notification map --Aerial map  TO: ZONING BOARD OF ADJUSTMENT FROM: Maria Prieto, Planning Manager SUBJECT: DOCKET NO. 2025-04-V APPLICANT: Christopher Tetley, Owner REQUEST: Variance from Section 14-7-7 of the City of Odessa Zoning Ordinance PROPERTY INVOLVED: Lot 56, Block 7, North Park Addition, 9th Filing (610 E 95th St.) The property involved in this request is located at 610 E 95th St. This site is currently zoned Single Family-Three (SF-3) 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 Chistopher Tetley, owner, and the purpose of the request is to obtain a variance to allow the construction of a 378 sq. ft. (14 ft. x 27 ft.) carport to be built with a zero-foot (0’) side yard setback instead of the required five feet (5’) side yard setback. The applicant is requesting a variance from Section 14-7-7 of the City of Odessa Zoning Ordinance, which states: Sec. 14-7-7 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 side yards - residential uses (See Exhibit A & B) (Ordinance 2019-13 adopted 4/9/19; Ordinance 2020-08 adopted 3/10/20). 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. Analysis of this request is that the variance will be contrary to the public interest for several reason. First, reducing the side yard setback to zero feet (0’) will create hazards and hardships to the adjacent property due to the proximity of the structure and will cause flow of rainwater to fall onto adjacent property. Second, it 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 on side and front yards. Staff recommends denial of the applicant’s request for a zero-foot (0') side yard setback. Instead, staff proposes reducing the width of the carport from fourteen feet (14') to nine feet (9') to comply with the required five-foot (5') side yard setback. Should the Board choose to approve this request, the Planning staff would recommend adoption with the following conditions: 1. That no other structures or additions may be placed within the five feet (5’) side yard setback. 2. That the carport shall not be enclosed in the future. 3. The eave of the carport shall be kept entirely within the property line. 4. Shall meet building code requirements and obtain a permit from the Building Inspections Department. Information in order of inclusion: --Exhibit A – Side Yard Setback --Exhibit B – Site Plan --Area of notification map --Aerial map Exhibit A Exhibit A, Page 2 Exhibit A, Page 3  TO: ZONING BOARD OF ADJUSTMENT FROM: Maria Prieto, Planning Manager SUBJECT: DOCKET NO. 2025-05-V APPLICANT: Sheryl Walker, Owner REQUEST: Variance from Section 14-7-5 of the City of Odessa Zoning Ordinance PROPERTY INVOLVED: Lot 1, Block 125, College Addition, 1stFiling Supplemental Plat (1701 N. Lincoln Ave.) The property involved in this request is located at 1701 N Lincoln Ave. 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 Sheryl Walker, owner, and the purpose of the request is to obtain a variance to allow the construction of a 528 sq. ft. carport to be built with a two-foot (2’) front yard setback instead of the required twenty-five foot (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[1] except as hereinafter provided: Schedule minimum required front yards. (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. The variance will be contrary to the public interest if approved. First, the proposed carport 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, a carport will create safety issues for traffic southbound from N. Lincoln Ave. approaching the intersection. Staff analysis of this request is to deny the applicant’s request for the structure carport to be located in the front yard with a two foot (2’) front yard setback. The property is located in close proximity with an intersection which might hinder visibility of traffic if the carport is placed in the front yard setback. However, should the Board choose to approve this request we recommend the following conditions, which would require: Should the Board choose to approve this request, the Planning staff would recommend adoption with the following conditions: 1. That no other structures or additions may be placed within the twenty five feet (25’) front yard setback. 2. That the carport shall be attached to the main residence. 3. That the carport shall not be enclosed in the future. 4. Shall meet building code requirements and obtain a permit from the Building Inspections Department. Information in order of inclusion: --Exhibit A – Side 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