Zoning Board of Adjustment - Regular Meeting

for zoning of zoning board of adjustments. We're going to start with occasion Kyle. Lord, uh we thank you for this opportunity to gather this morning. Uh we thank you for the recent reigns that we've had. Um we ask for your guidance uh over this board to to provide us the wisdom needed to uh make the decisions as we're about to hear these cases in Jesus name. Amen. as we stand for the pledge. Do we have I pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible with liberty and justice for all. Honor the Texas flag. I pledge allegiance to the Texas. One state under God, one and indivisible. All right, we're going to go with the consent items. Do we have a motion to approve the minutes for June 18th? I'll make a motion. There's a motion on the table. Do I have a second? I'll second. There's a second. Any discussion? Discussion. All in favor say I. I. Any objections? same sign. Motion carries. All right, we're going to go with our first public hearing. Case number uh case file number 2025-13-V. opening a public hearing to consider the approval of the request of Alphonso Era, owner of variance from section 14-7-94 of the city of Odessa zoning ordinance to allow construct construction of a structure to be built 6 ft rear yard setback instead of the required 10 ft setback in special dwelling district zoning district lot 10 block 21 Ratliff Ridge H filing 93 Spirit Avenue. Thank

you, Mr. Chair and board. Uh the property involved in this request is located at 93 Spirit Avenue. The site is currently zoned SPD special dwelling district and is occupied by single family residents. The property is surrounded by single family residential development uh on all sides. Uh the applicant is Alfonso Herrera owner and the purpose of the request is for a variance to allow an attached structure a porch to be located on the property within six feet uh rear yard setback instead of the 10 ft rear setback. The applicant is requesting a variance from section 14-7-9 subsection 4 of the city of Odessa zoning ordinance. Uh staff recommends a denial of this request for not satisfying uh the variance criteria outlined in the zoning ordinance. However, should the board choose to approve this request, the planning staff would recommend adoption with the conditions shown. And with that, I'm here if you have any questions. Sorry, I can't read. Would you like me to read them for you real quick, please? Just because my screen has a lot of little lines is making my Oh, yeah. Yeah. Yeah. and it it works, but it has just not a problem. So, uh, first condition, no other structures or additions may be placed within the 10-ft rear yard setback. Uh, second, that the water runoff from the roof shall be directed away from adjacent neighboring property. Third, that the accessory building shall not be used to conduct business or be used as permanent living or quarters, sorry. Uh and then finally, 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 re or scheduling the required inspections. Do we have do we have any questions for staff?

And we have no questions for staff. Thank you. At this moment, I'll open this part of the hearing to the public. If anybody wants to speak for or against, please stand. Step forward. Good morning. Good morning. Please state your name and address for the record. You have three minutes or less. My name is Alonso Herrera. I'm the owner of the property. Um, I'm asking for this variance for a couple of reasons that I believe are are real good reasons. Before starting the project, I did make a phone call to the building inspections department and asked, "What are my restrictions? What are my setbacks?" And so forth. I was told concrete wise, there's no restrictions. Setbacks, you have to be 5t away from your fence line. I said, "Great." So, I started pour my slab. I set my anchors, support anchors for my porch. Actually, I gave it six feet opposed to the five that I was told. I set those in and uh I put in for the permit. Two weeks went by. I called zoning and planning. That's when I met Mr. Reyes and he told me what the issue was. And I was like, but I called and this is what I was told. And he said, "Well, sometimes the girls downstairs don't know." And I was like, "That's not my fault." You know, I did be I was proactive. I made the call. I wanted to know the rules. If I would have been told it was 10 feet, I would have done it 10 feet back. I invested money in this lab. I invested money on the builder and I invested for material for the porch. That's the reason I'm asking for the variance. And I'm actually fighting for 3'9 in. So that's the reason for this variance this morning. That's all I got. All right. Thank you.

Thank you. If there's anybody else that wants to No, that's a good question. So, this is a covered patio or a lattice patio or what? It's just a patio. Covered just shade for shade, you know, shingles. Uh tin tin sheet metal. Huh? It'll be sheet metal. Yes, sir. It'll be sheet metal. And I understand the rule now. And can I do it 10 ft back? Yes. But I already set my anchors on my concrete to nice and flush. Well, your 4x4 structure, you know, now if I scoot back, I'm going have to drill into the concrete. You know, it's it's fine. But I did invest some money into it already. And nothing's cheap these days. So, thank you. Any other questions? Any other questions? No. All right. No. Thank you. Thank you. There's anybody else that wants to speak for or against the variance? Please step forward. No one else. We're going to close this part of the hearing from the public. Uh commissioners, one more question for staff. Did y'all do a mail out in that area? Yes. There are any objections, any returns, any approvals? No. We didn't get any. And then came back. Okay. Okay. Okay. Commissioners, is the sideyard correct? Is there a sideyard issue or is it just the back? Daniel, apologies. Uh yes, the sideyard is is within uh ordinance. So it's Can we put

the the map where the closer map to where we're seeing it? Does he have is the backyard is there alley or is there the next? There's no there's no alley here. There's no alley. Commissioners, you are quiet this morning. We have a lot from this area. This right Mhm. area. So, we're just looking at the back. I mean, the back is 6 feet instead of the 10 ft. So, I mean, we're we're discussing like homeowners said 3T 9 in. Is that correct? I think so. I think that's what he said was correct. What do y'all think? You know, if the neighbors behind them had a real issue with it, I would have felt like they would responded. So, you know, I don't I don't see, you know, it's six foot, it's three foot, you know, actually. Yeah. Hold on just one second. Hold on just one sec. No problem. Okay. Hold on just one second, sir. All right. You know, I was just referring back to the mailins, you know, the response, you know, if that was, you know, if he if I just feel like if it was a real issue for them in the back, you know, they would have responded back. My question is where the w where's the water runoff going to go? And then we could open back the we could open back to the public and we could ask the homeowner. You don't want to do that. Okay. We're

going to open this meeting back up to the public. Mr. Eera, please state your name. Era. I'm the owner of the property. Uh you'll still have the six feet for the water to run off into my my property if needed. uh can put gutters to redirect it to the side of the property. Do you have any problems with flooding there now when it rains quite a bit? No. Does it run towards the front of your property or the back of the property? Whenever it does rain, it will all the water will sit in the middle of my yard of my backyard which wasn't much at all. So now we're taking most of the yard out. Yeah. But I got the concrete leveled out to the sides so the drainage will go to the side of my old property so that it doesn't all float to the back. And you were going to say something about the neighbor. Yeah, he came over last night. I'm sorry. Yeah, he came over last night and he brought that letter with them. He goes, "Hey, what's going on? Are you going to build a big shop?" I'm like, "No, no, no, no, no." I'm like, "I'm just going to build a porch." But they had to reach out to you and to my other neighbors to ask if there was some kind of, you know, problem with it or if you're okay with it. I'm good with it. I said, "Okay." I said, "If you do have a problem, you can reach out to him or you can go to the meeting tomorrow morning." Like, okay. All right. Any other questions for the homeowner? No. All right. Thank you. Thank you. We're going to close it. Close off this section of the meeting from the public commissioners. So, it's actually going to be 6 and 1/2 ft from this fence line, right? Yes. And then you still have your regular feet. Yes, you still have your regular 5t side set back. I don't see a motion. Is that a motion? I'd like to make a motion to go ahead and accept it as it is, as presented by the city. As presented by the city. There's there's a motion on the table.

I'll second it. There's a motion on the table to uh to approve with the restrictions the recommended the recommendations from the city and there's a second. Is there any discussion? All in favor say I. I. I. Any objections? Same sign. Motion carries. All right. We're going to go to the next uh case file number 2025-06-V. open a public hearing to consider approval of the request by Christopher Tetley, owner of variance from section 14-7-8 from the city of Odesa ordinance to allow a structure carport to be built zero feet sightyard setback instead of the required 15t five is it 15 feet or five five foot sight huh five it's five typo there's a typo on there instead of the required five sight 5 ft sight setback in a single family 3 F3 district lot 56 block 7 North Park edition 9th filing 1610 East 95 street. Uh thank you Mr. Chair and board. Uh so we have two corrections on the agenda item. For one, it is uh case file number 2025-04-V and then as you pointed out um it's five instead of 15 ft. Uh however uh the applicant is here and is requesting to table this case to what? Uh the applicant is here and is requesting to table the case. Okay. Do we have to make a motion? And the reason why is because he hasn't uh had a chance to fix his design and it automatically gets put on the agenda until they request to get it removed. Okay. So we have to have a motion. So is there a motion for table? I'll make a motion table. There's a motion for uh to table. Do I have a second? Second.

Discussion. All in favor say I. I. Any objections? Motion has been tabled. So if there's no other cases, do I have a motion to adjurnn? I make the motion. There's a motion to adjurnn. Second. Second. There's a second. All in favor? I. Any objection? Motion carries.