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 July 16, 2025 8:30 A.M. I. Opening Items 1. Invocation 2. Honor the Texas flag; I pledge allegiance to thee, Texas, one stat under God, one and indivisible. II. Consent Items 3. Motion to approve the Zoning Board of Adjustment meeting minutes for July 02, 2025. III. Public Hearing The Zoning Board of Adjustment will hold a public hearing on the following items: 4. CASE FILE NO. 2025-05-V Remove from table to 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  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 MINUTES CITY HALL, 411 W. 8TH ST. CITY COUNCIL CHAMBERS – FIFTH FLOOR July 2, 2025, 8:30 A.M. I. OPENING ITEMS 1. Invocation 2. Pledge of Allegiance 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 18, 2025 III. PUBLIC HEARING The Zoning Board of Adjustment will hold a public hearing on the following items: 4. CASE FILE NO. 2025-13-V Open a public hearing to consider approval of the request by Alfonso Herrera, owner, for a variance from Section 14-7-9 (4) of the City of Odessa Zoning Ordinance to allow construction of a structure to be built at six feet (6’) rear yard setback instead of the required ten feet (10’) setback in a Special Dwelling District (SPD) zoning district, Lot 10, Block 21, Ratliff Ridge, 8th Filing (9003 Spirit Ave.) 5. CASE FILE NO. 2025-06-V Open a public hearing to consider approval of the request by Christopher Tetley, owner, for a variance from Section 14-7-8 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 (5’) side yard setback in a Single Family-Three (SF-3) District, Lot 56, Block 7, North Park Addition, 9th Filing. (610 E 95th St.) IV. Adjourn Be it said and remembered that at 8:32 a.m. on the 2nd day of July 2025, 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 Kyle Newton, Vice Chairman Kirk Strahan, Member Priscilla Contreras, Member Henry Enriquez, Member Ramiro Salinas, Member John Herriage, Member MEMBERS ABSENT: OTHERS PRESENT: Elizabeth Shaughnessy, Director of Development; Tim McDaniel, Senior Planner; Erik Reyes, Planner; Cheynna Torres, Planning Technician; Joe Tucker, Director of Public Works; Yervand Hymayakyan, City Engineer The minutes of the June 18, 2025, Zoning Board of Adjustments Commission meet were approved, motion for approval being made by member John Herriage; seconded by member Ramiro Salinas with the vote being a unanimous “aye”.  TO: ZONING BOARD OF ADJUSTMENT SUBJECT: DOCKET NO. 2025-13-V APPLICANT: Alfonso Herrera, Owner REQUEST: Variance from Section 14-7-9 (4) of the City PROPERTY of Odessa Zoning Ordinance INVOLVED: Lot 10, Block 21, Ratliff Ridge, 8th Filing (9003 Spirit Ave) Tim McDaniel Presents: The property at 9003 Spirit Ave, currently zoned as Special Dwelling District (SPD) and occupied by a single-family residence, is surrounded by similar residential development. Owner Alfonso Herrera is requesting a variance to allow an attached porch with a six- foot rear yard setback instead of the required ten feet. This request seeks a variance from Section 14-7-9 (4) of the City of Odessa Zoning Ordinance. The Board of Adjustment uses the following criteria from the Zoning Ordinance to evaluate variance requests. The applicant bears the burden of proof in meeting each of these criteria. (reads A-D) Staff analysis indicates no special conditions unique to this property. Reducing the rear yard setback to six feet instead of the required ten feet could set a precedent for surrounding properties. The lack of an alley separating adjacent housing to the west means this reduction could create hazards and hardships during emergencies and reduce light, air, and open space for neighbors. The applicant's building permit request for a six-foot setback triggered the variance, as construction had already begun with a five-foot setback and a cement slab poured. Staff recommends denial of this request for not meeting the variance criteria in the Zoning Ordinance. If the Board approves, Planning staff suggests adopting the following conditions.  1. No other structures or additions may be placed within the 10-foot rear 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. 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. Chairman Gerardo Arzate announces the public portion of the meeting and asks members if they have any questions or concerns for the staff. Hearing none, he opens the floor to the audience, inviting them to state their name and address for the record, with a three-minute time limit for each speaker. Alfonso Herrera, the owner, approached the podium and explained that the project began based on incorrect information provided by staff. Subsequently, inspectors issued a failing report due to a setback violation of three feet nine inches. He expressed concern that redoing the entire project would result in wasted money and a significant financial setback. Members John Herriage and Kirk Strahan inquired about the existence of an alley and any objections from neighboring owners. The staff confirmed that neither existed. The Chairman then invited further questions from the audience. Hearing none, he closed the public portion of the meeting for motions or member discussion. Member Priscilla Contreras made a motion approve with conditions; Seconded by member Kirk Strahan Motion passed with the following votes: 0 to 7 AYE: Gerardo Arzate, Kyle Newton, Priscilla Contreras, Ramiro Salinas, Kirk Strahan, John Herriage, Henry Enriquez NAY: None Absent: Ø (alternates not included in Absents)  TO: ZONING BOARD OF ADJUSTMENT SUBJECT: DOCKET NO. 2025-04-V APPLICANT: Christopher Tetley, Owner REQUEST: Request to remove from table. PROPERTY Variance from Section 14-7-7 of the City of Odessa Zoning Ordinance INVOLVED: Lot 56, Block 7, North Park Addition, 9th Filing (610 E 95th St.) Tim McDaniel stated that the case has been withdrawn at the applicant's request. The site is zoned Single Family-Three (SF-3) and is occupied by a single-family residence, surrounded by similar residential developments on all sides. The applicant, Christopher Tetley, seeks a variance to construct a 378 sq. ft. (14 ft. x 27 ft.) carport with a zero-foot (0’) side yard setback, instead of the required five feet (5’). This request pertains to Section 14-7-7 of the City of Odessa Zoning Ordinance. Member Priscilla Contreras made motion to table; Seconded by Kirk Strahan Motion passed with the following votes: 0 to 7 AYE: Gerardo Arzate, Kyle Newton, Priscilla Contreras, Ramiro Salinas, Kirk Strahan, John Herriage, Henry Enriquez NAY: None Absent: Ø (alternates not included in Absents)  Adjourned at 8:47 AM Member John Herriage made motion to approve with conditions; Seconded by Kirk Strahan Motion passed with the following votes: 0 to 7 AYE: Gerardo Arzate, Kyle Newton, Priscilla Contreras, Ramiro Salinas, Kirk Strahan, John Herriage, Henry Enriquez NAY: None Absent: Ø (alternates not included in Absents) There being no further business to come before the commission, the meeting was adjourned at 8:47 a.m. Cheynna Torres, Planning Technician, placed the minutes in the minute book on July 07, 2025 ──────────────────── Chairman, Gerardo Arzate  TO: ZONING BOARD OF ADJUSTMENT FROM: Maria Prieto, Planning Manager SUBJECT: DOCKET NO. 2025-05-V APPLICANT: Sheryl Walker, Owner REQUEST: Remove from table to open a public hearing for a Variance from Section 14-7- 5 of the City of Odessa Zoning Ordinance. PROPERTY INVOLVED: Lot 1, Block 125, College Addition, 1st Filing 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 – Front Yard Setback --Exhibit B – Site Plan --Area of notification map --Aerial map  012324 56ÿ899 9ÿ ÿÿÿ ! "#$%#&%$ %'(ÿ)$( " $*( $*+ $*, $*- $*. $'" ,*+ ,*, / .* *+ *, 0( 0 ) ) ' 1 & 2$  *+ &3*+ &3*, 4& 0& 4# 0# '" 5676898ÿ;<=96><?ÿ@>A7Bÿ CD>?ÿEFG<HBÿDIÿJ<><67KLMB<> PQR PQR SQR SQR SQR STR SUQR SQR SQR STR SQR SQR VWQR SQR VQR UU SQR VQR STR WW STR WW K N>AO6?<? 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