Zoning Board of Adjustment

ZBA Members Gerardo Arzate, Chairman Kyle Newton, Vice Chairman Kirk Strahan, Member Priscilla Contreras, Member Ramiro Salinas, Member John Herriage, Member Nancy Wells, Member (Alternate) Norberto Brito, Member (Alternate) ZONING BOARD OF ADJUSTMENT CITY HALL, 411 W. 8TH ST. CITY COUNCIL CHAMBERS – FIFTH FLOOR June 18, 2025 8:30 A.M. I. Opening Items 1. Invocation 2. Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible. II. Consent Items 3. Motion to approve the Zoning Board of Adjustment meeting minutes for June 04, 2025. III. Public Hearing The Zoning Board of Adjustment will hold a public hearing on the following items: 4. CASE FILE NO. 2025-12-V Open a public hearing to consider approval of the request of Barry Slawson and Cindy Slack, owners, for a variance from Section 14-7-8 (b) of the City of Odessa Zoning Ordinance to allow an accessory building to be built at sixteen inches (16”) side yard setback instead of the required five feet (5’) side yard setback and from Section 14-7-13 to allow said accessory building to be built with a three inch (3”) separation instead of the required six feet (6’) separation from any other structure in a SPD, Special Dwelling District, Lot 13, Block 70, North Park Addition, 21st Filing Replat. (9028 Rice Ave) IV. Adjourn  TO: ZONING BOARD OF ADJUSTMENT FROM: Maria Prieto, Planning Manager SUBJECT: DOCKET NO. 2025-12-V APPLICANT: Cindy Slack, Owner REQUEST: Variance from Section 14-7-8 (e) and Section 14-7-13 (b) of the City of Odessa Zoning Ordinance PROPERTY INVOLVED: Lot 13, Block 70, North Park Addition, 21st Filing Replat (9028 Rice Ave.) The property involved in this request is located at 9028 Rice Ave. This site is currently zoned SPD, Special Dwelling 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 Barry Slawson, and Cindy Slack owner, and the purpose of the request is for a variance to allow a 10 ft. x 16 ft. accessory building to be built at sixteen inches (16”) side yard setback instead of the required five feet (5’) side yard setback and to allow said accessory building to be built with a three inch (3”) separation instead of the required six feet (6’) separation from any other structure. The applicant is requesting a variance from Section 14-7-8 (e) and Section 14-7-13 (b) of the City of Odessa Zoning Ordinance, which states: §. 14-7-8 (e) Special Side Yard Regulations A single-family attached dwelling or special housing development shall provide a minimum required side yard adjacent to a side street of ten (10) feet and no complex of attached single-family dwellings or attached special housing units shall exceed three hundred (300) feet in length. A minimum required side yard of five (5) feet shall be provided at the end of each single-family attached or special housing group so that the end of any two adjacent building complexes shall be at least ten (10) feet apart. A side yard other than herein specified may be indicated on a site plan and if approved by the planning and zoning commission shall be observed. §14-7-13 (b) Accessory building and structure regulations Side yard. There shall be a side yard for any attached accessory building equal to the minimum requirement for the main structure located in a residential area. For a detached accessory building located behind the front yard building setback, there shall be no side yard required, provided that all building code standards are met. Accessory buildings must maintain a six (6) feet separation from any other structure. If the six (6) feet separation is not maintained, the accessory building shall be considered to be an integral part of that structure and shall be required to observe the same side yard as the main structure. Adjacent to a side street, the accessory building shall observe either the platted setback line, the setback line established by the main structure, or the setback lines established by ordinance, whichever is most restrictive 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 property that do not exist for others in the area. The applicant’s request to reduce the side yard setback to sixteen inches (16”) instead of the required five feet (5’) and a three- inch (3”) building separation instead of the required six feet (6’) separation will create a precedence for the surrounding properties to follow. Reducing the side yard to sixteen inches (16”) will create hazards and hardships to this property due to blocked access to rear of property in case of an emergency. In addition, the proposed structure will reduce the amount of light, air or open space for the adjacent property owner and potentially increase rainwater runoff that may affect adjacent property. Staff recommends DENIAL of this request for not satisfying the above variance criteria outlined in the Zoning Ordinance. Should the Board choose to approve this request, the Planning staff would recommend adoption with the following conditions: 1. No other structures or additions may be placed side yard setback. 2. That the water runoff from the roof shall be directed away from adjacent neighboring property. 3. That the accessory building shall not be used to conduct business or be used as permanent living quarters. 4. Any electrical connection will need to be tied to main residence. 5. No additional structures, additions or modifications may be made to the structure or property without first contacting the Building Inspections Department, obtaining a building permit, and scheduling the required inspections. Information in order of inclusion: --Exhibit A – Side Yard Setback --Exhibit B – Site Plan --Images --Area of notification map --Aerial map Exhibit B Open a public hearing to consider approval of the request of Barry Slawson and Cindy Slack, owners, for a variance from Section 14-7-8 (b) of the City of Odessa Zoning Ordinance to allow an accessory building to be built at sixteen inches (16”) side yard setback instead of the required five feet (5’) side yard setback and from Section 14-7-13 to allow said accessory building to be built with a three inch (3”) separation instead of the required six feet (6’) separation from any other structure in a SPD, Special Dwelling District, Lot 13, Block 70, North Park Addition, 21st Filing Replat. (9028 Rice Ave.) Open a public hearing to consider approval of the request of Barry Slawson and Cindy Slack, owners, for a variance from Section 14-7-8 (b) of the City of Odessa Zoning Ordinance to allow an accessory building to be built at sixteen inches (16”) side yard setback instead of the required five feet (5’) side yard setback and from Section 14-7-13 to allow said accessory building to be built with a three inch (3”) separation instead of the required six feet (6’) separation from any other structure in a SPD, Special Dwelling District, Lot 13, Block 70, North Park Addition, 21st Filing Replat. (9028 Rice Ave.)