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 August 06, 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 16, 2025. III. Public Hearing The Zoning Board of Adjustment will hold a public hearing on the following items: 4. CASE FILE NO. 2025-14-V Open a public hearing to consider approval of the request by Aurora Ayala, owner and Elizandro Ayala, applicant for a variance from Section 14-7-8 (d) of the City of Odessa Zoning Ordinance to allow a carport at a zero feet (0’) setback instead of the required five feet (5’) side yard setback. IV. Adjourn  TO: ZONING BOARD OF ADJUSTMENT FROM: Maria Prieto, Planning Manager SUBJECT: DOCKET NO. 2025-14-V APPLICANT: Aurora Ayala, Owner Elizandro Ayala, Applicant REQUEST: Variance from Section 14-7-8 (d) of the City of Odessa Zoning Ordinance PROPERTY INVOLVED: Lot 10, Block 12, Park Place Annex (2401 W 15th 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 Elizandro Ayala, Aurora Ayala, owner, and the purpose of the request is to obtain a variance to allow the construction of a 396 sq. ft. (18 ft. x 22 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 14-7-8 (d) of the City of Odessa Zoning Ordinance, which states: Sec. 14-7-8 Side Yard (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. Analysis of this request is that the variance will be contrary to the public interest for several reasons. First, reducing the side yard setback to zero feet (0’) will set a negative precedence for other owners to place structures on side yards. Second, the stop sign located on W. 15th St. is approximately 8 ft. back from the street intersection, the proposed structure will reduce the visibility for traffic northbound on Macarthur Ave. Staff recommends denial of the applicant’s request for a zero-foot (0') side yard setback. Instead, staff proposes reducing the length of the carport from twenty-two feet (22') to seventeen feet (17') to comply with the required five feet (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. 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 --Area of notification map --Aerial map