Zoning Board of Adjustment - Regular Meeting

up with invocation. This us with the invocation. Okay. All right. Dear Lord, we like to take time to give you thanks and give you praise for all you've done making this possible. We ask that we uh you bless us with your wisdom and guidance and the decisions we're about to take here in Jesus name. Amen. We stand up for pledge. I pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation, indivisible, with liberty and justice for all.

Under the Texas flag, I pledge allegiance to thee to Texas. One state under God, one and indivisible. All right, members, have you had a time to look over minutes? Yes, sir. You have a motion? I have a motion to accept the minutes. There's a motion to accept minutes. Do I have a second? I'll second. There's a motion and a second. Any discussion? None. All in favor say I. I.

Any objection? Motion carries. All right. At this time we uh go to our first case file number 2025-14-V open in public hearing to consider approval of the request of by Aurora Ayala owner and Elisandro Ayala applicant from a variance from section 14-7-8D of the city of Odessa's zoning ordinance to allow carport at zero setback instead of the required five feet set side yard set back staff. Thank you, Mr. Chair. Um, so this site is currently zoned single family 3 zoning district and is occupied by a single family residents. The property is surrounded by a single family residential development in the north, ssou, east, and west. Uh, the applicant is Alexandro and Aurora Ayala. Uh and the purpose of the request is to obtain a variance to allow the construction of a 396 square foot which is 18 by 22 uh carport to be built with a zero foot sideyard setback instead of the required 5T uh required setback. The applicant is requesting a variance from section 14-7-8 subsection D of the city of Odessa zoning ordinance. Uh staff does recommend denial. Sorry, I'm going to go through these first before I get to that. Okay. Yeah. Staff recommends denial of the applicant's request for a zero foot sideyard setback. Instead, staff proposes reducing the length of the carport from 22 to 17 ft to comply with the 5T sideyard setback. Should the board choose to approve this request, the planning staff would recommend adoption with the following conditions. That no other structures or additions may be placed within the 5t setback. Uh, excuse me. that the carport shall not be enclosed in the future. That the eve of the carport shall be kept entirely within the property line and that 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 uh inspections. With that, I'm here if you have any questions. Can I see those pictures? Yes. Is there a particular view you would like to see? Where where is the carpet going to be placed? Okay, let's There was one I noticed a car. Is it right here? Okay. So, where that vehicle is currently backed in is where it would be. Yes, sir. And that is considered the side of the house or the side of the house. Correct.

Yes, sir. So, what's that street on the side? It's right here. I can show you. It's Here's the side. What's the name of the street, though? Uh, MacArthur. MacArthur. Yes, sir. And And the length of the carport would be flush with the cinder block fence. Yes. So, would that be up to the sidewalk or would it be just before the sidewalk? It would be it looks like just behind the sidewalk is the right way there is five feet and the sidewalk's probably four feet wide.

The rideway is 10 feet. Oh, it's 10 feet. Okay.

Yes. So, uh he his I went out there and measured uh from the building. Where's that little picture where the truck is there? So, from the building to the street, it's 32 feet. I did confirm with right away that there is a 10-ft sight uh right of right away in that area. So he is if he were to do a zero setback it would be 22 feet in length. The width is fine however it would have 22 feet in length. There is a 5 foot uh rear setback that he would have to abide by as well. Um, but like I said, if the length were to go 22 feet, it would be zero. Um, I do recommend the five foot uh sideyard setback uh instead of the zero uh to make that length 17 ft.

So, you're saying a rear setback is that 5T from the actual structure that's there to the carport? It's from the corner if I'm Let me see. Do you see that cinder block fence? Yes. So that cinder block fence that's considered the rear. Okay. Property because this property normally when we uh look at the lot the smallest width is the front yard which would be the uh the other the other side going

on 15th Street. So the smaller width is the front yard. MacArthur is the sideyard. So, if he is to place that um carport, he will need to abide by the five foot uh rear yard um unless uh there's another requirement by or allowance by building inspections to um have a firewall firewall. Can I bring my Yes, Mr. Gary, go ahead. The the IRC, the residential code, tells me on sideyard setbacks, I cannot get any closer than two foot to a property line.

But the rear side on the rear, I can I can go. Okay. With a firewall. With Yeah. If there's there's no alley. If there's an alley, I don't have to have a firewall. Can we see that uh that picture where the center block is? So he cannot be within two feet from that going to the back to Is there an alley there? Yes. Yeah. The fence is not the rear yard. That's part that's on his property. So is the fence his property or is this a neighbor's property? If you want to go to his I think that's his property. I think it's his property. Yeah. This is the front of the house

where he's putting the carport. That section of fence doesn't appear to be the rear. The rear is the rear is the fence that's 49 ft away from that be further south. Correct. Up against the alley. And there is an alley there. So that can we get the aerial view? He's 49 ft from his rear yard. Yeah, that one. Yeah. Okay. So you can see that drive. Yeah, you can see the drive and then the trees. Yep. All those trees and then the alley. So that side set back two foot side set back with the firewall would that be required still even in this case

if you're on the side you wouldn't have to have a firewall but but for for a car port but you can't get closer than two foot to the property on the side that's according to the building code but then MacArthur that would be the technically the side of this lot and so he's So that 10 there's a 10 foot easement right there. So he's 10 foot from the property line.

So no um that 10 foot right away starts at the curb and that's uh where all the utilities you know that public works allows to have in that 10 foot. Now once you pass that 10 foot that's where the property line is. Okay. So the property line is 10 ft from the curb. So he would basically be 10 ft off the curb and the front of it would be even with the cinder block fence. Correct. Yes. But for code technically needs to be two at least two feet more off the property. Off the property. That's his side. Yes. Y's very specific about side projections.

Two feet to the property lines as close as we can get on side. So that would put him at 20 foot. if we was to allow him to do go with that. Yes. Okay. But then he also has But you're recommending 17t total length. Yes. And by zoning ordinance, it's a 5ft sightyard set. If that reason, uh, MTO, if he was to move the carport further to the back to the back of a house, I mean, he still has plenty of space that he could put in the backyard like move it here. like towards moving it south. South. Yes. Moving it south then west. Yes.

He would have more if he were to um but he would have to have a access to to that unless uh he liked a curved access. But this is where his actual driveway is at though, isn't it? Is it a paved driveway currently? Yes, it is currently paved. Yes. Or concrete. But then he also has looks like there's a gate and maybe concrete access into the backyard too. Yeah, see that gate right there.

Yeah, there's a gate there. All right. Any more questions to staff? No. No. All right. Thank you, M. Okay. Anybody want to step forward and speak for or against the variance, please step forward, state your name and address for the record.

Good morning. Good morning. Morning. Name is Alexandra Ella. Um yeah. So for Are you the property owner? Can you state your address for them? Uh um I'm their son. um representing my parents. So for the property, yes. Do you live at the house? I'm sorry. Do you live there at the house? Yes, sir. Okay. For the record, he lives at that address. Go ahead.

So for the property, yes, we we wanted to put it there um on that area specifically for that truck. Um, and my original dimensions, I believe they were like 18 ft by uh 24. And yeah, they they told me that my that my uh that the setback was or that the the distance the length of the carport was way too long. It was um but they said that 22 feet would have been okay. So, I decided to change it to 22 feet by 18 feet. Um, and then that's whenever they had told me for they told me that the rightway was 10 feet from that red line on the curb and then plus another 10 ft for the um setback which if if I had gone that route I would have ended up having a a 12T carport 12T by 18 ft which at that point I don't think it would be very reasonable to have it for a vehicle. Um, you know, just hoping it gets approved. Any questions?

Yeah. All right. Thank you, sir. It's open. Thank you. Um, I have one more question for staff. Okay. at this minute at this anybody else that wants to speak for or against the variance? Okay, we're going to close this section of the meeting to the public. Maria. Yes, sir.

How many mailouts went out and how many came back? So we had 12 notices were sent, zero were returned, one was there an approval and zero uh protests and I have the approval here. with this putting a carport there. Would it cause any hazards? Anything for uh upcoming traffic?

Yeah, I looked up I drove out there and looked at it and did a sight triangle. Basically, it's far enough from the intersection it wouldn't cause any issues. Yeah. I think you got that fence and there's trees there that are already obstructed. You know, trees are a bigger problem than Yeah, it looks like Yeah. Yeah. It's hard to see past the trees, but even I tried to visualize it even without the trees. Yeah.

Because they are removable and uh I didn't see an issue. Okay, commissioners. I just like to have discussion.

You're we're in this discussion. Yeah. So, uh, for the spirit of complying to code being with two foot from the property line, I'm I'm I'm in favor for that. But then we'll be wavering the five foot set back from the property line just have So, is that what do you think about that? Just allowing him to extend a little bit further up to two foot from the property line. The thing is it's for that truck. That truck uh would be about Kyle 17t 18t long. Yeah, possibly. Um

at least at least 17. right there in that photo should be banked up all the way to close comfortable. So my my thing is I mean it it should be a 17 at least a 17 to 18 uh if it was 17 it would meet it would be outside the 5 foot though. So

yeah but another thing to consider he does have space in the back. There is uh a concrete pad in the back. There is already a door. There's space already that has he has access to space in the back. If you if you look at the aerial view, see there's already a concrete pad there. There is space. He can make it 22 ft if he wants to put it in the back of the house. That's that's my whole thing is like I mean

there are other options. other options that he they can look into versus having to make a ruling about 2 feet 5T and truck not fitting. Maybe it's fitting. So he has a corner lock. He has he has options.

Agreed. I agree. I agree that that would be the case, you know, just depending on what that access really is. Is a big swinging gate door to where it swings inward and not not allowing you to park. You know, that that can cause when uh ZBA is when there's a hardship. Okay. If there's something there that was that was obstructing that uh that gate, then it's considered hardship. In my my personal interpretation, this hardship can be remedied without coming to ZBA.

Agreed. I mean maybe there's some other discussions that they could go back uh with planning and zoning that what other avenues they can take without us ruling because I don't I cannot he has options and the hardship can be remedied with other options versus us having to come in to ZBA. Agree. I mean that's my I mean I I go it up to y'all. I agree.

I agree. I mean we can table it so that he could discuss further options with uh staff. Uh instead of denying we can table it and if we deny it he can still come back a different direction and move it over here. If he didn't if we deny it he's locked in for a year and then he has to go through the whole entire process again. If we table it, he can discuss it with staff other options that they might can have. I'd like to make a motion to table. Okay. So, there's an uh motion to table. Is is there a second?

I'll second. There's a second. Any discussion? Okay. All in favor say I. I. Any objections? Motion carries to table the the verdance. All right. If there's no other business, no other business. No other business. Do I have a motion to adjurnn? I'll make a motion. There's a motion to adjurnn. Second. There's a second. All in favor? I. I. Any objections? Motion carries. Fingers.