Zoning Board of Adjustment - Regular Meeting

Um will you start lead us with invocation kind? Sure. Lord uh we thank you for this this day. Uh we thank you for this opportunity to to gather and we ask for your wisdom and guidance as we're about to hear these cases presented to us. And it's in your name we pray. Amen. Amen. Amen. Stand for the pledge. 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 thee, Texas. One state under God, one indivisible. All right. Have you had time to go over the minutes from November 5th? Yes. I'd like to make a motion to approve the minutes. There is a motion on the table. Do I hear a second? A second.

Hold on. I have a question. Maria, she can't second since she wasn't here, right? But but she was in here for the last minute. That's when they were going on the minutes and she second somebody was here. So there's Uh motion. There's a motion. Second. And there's a second by Kyle. All in favor say I. Any objections?

Motion carries. All right. We're going to go into a public hearing. Our first case file number is 202501-E. Open a public hearing to consider approval of the request by Lupa Marquez owner for special exception under section 14-15-1 D2A of the city of Odessa zoning ordinance allowed to an extension of a structure which is legal non-conforming with regards to front yard setbacks in a single family to F SF2 zoning district and reduce the front yard setback from 25 ft to 21 from existing building to a 13T front yard setback.

Thank you, Mr. Chair. Uh, sorry. 18 notices were sent out. Uh, none were returned. Two approvals were received and one denial was received. Uh, the property involved in this request is located at 2304 Golder Avenue. The site is zoned single family 2 and occupied by a single family residence. The property is surrounded by single family residential development on all sides and the request is to facilitate the construction of a porch on the front of the property. Uh the owner, Lupe Marquez, is uh seeking approval of a special exception to allow the extension of a structure which is legal non-conforming with regard to the front yard setbacks in this SF2 zoning district and reduce the front yard setback from 25 ft uh in the code or 21 ft for the existing building um to a 13 foot um front yard setback. Uh staff re or staff analysis of this request is that the request is reasonable. Therefore, staff does not recommend approval or deny it. However, um should the board choose to approve this request, planning staff would recommend adoption of the following conditions. Uh the request to porch shall remain only in the original footprint that was requested. Any additional square footage or additions will require additional review by the ZBA. Uh all applicable zoning codes shall be followed. A building permit must be issued prior to construction. And the port shall not be enclosed by any solid material above the foundation in order to maintain visibility along a local arterial. And with that, I'm here if you have any questions.

You say you had a denial. Uh, yes. There's two approvals on denial. So, this porch will be facing 23rd Street or Golder. It'll be facing Golder. So the lot itself is only fronting golder. So the porch will be it'd be facing toward golder.

Towards golder. Yes, sir. Let me here we go. So test out the fancy pointer here. So yeah, see it's this lot right here. Um okay. Is that visible on y'all screen? Okay. Yeah, this slot right here. So it's only facing golder there. Do we have um is there Chuck? What's his name? The

the applicant or who? I just uh I'm just curious because there's a big interse intersection right there on 22nd and uh Golder with the with the street light and because I live in the area I I know about it. Um is there any kind of hazardous anything that would struck uh visibility for uh is there a safety issue? I would think that and I know the traffic backs up

because there's a there's a there's a school there's buoy down the street and during uh before school and after school it kind of backs up. So is there any kind of hazardous any visibility disturbance by allowing this carport? We didn't um look at that portion. However, we don't see any um issue. The porch is mainly going how about um see 13t setback. So they will have a 13t setback um from their property line including the uh right of way which is an additional.

Okay. And we did see that aspect of the the accumulation of vehicles um during the school time. Um we didn't receive any um public works was notified because we didn't do research for this um case as I had mentioned. Um we had tried I know that there was a widening of a street in a certain area. So we did do our due diligence to uh see if um any of the portion of his was impeded and it wasn't okay.

Um so uh he still maintains his own property I mean completely uh but public works was aware that we were bringing this case to ZBA. Uh they didn't say that they were against it. They didn't comment on that. Okay. Any other questions for staff? Okay. At this moment, we're going to open this uh hearing to the public. If anybody wants to uh speak for or against it, please step forward. Okay. You can please state your name and address for the record, please.

2304 North Golder here in Moresa. Okay. Uh I mean, I'm I want to put the extension. It's an 8 by8. It's a small one in there, but it's the rain goes in there. it seeps in there. That's the one thing. And then the another thing, it's gets so hot to the touch. I mean, you can't even touch the handles. We want to put a something in there to at least prevent it if it can heat so much heat in there. And plus, you know, it makes it golder is an older side of town. It's beautifification of this of this that street.

We we spent a lot of money uh doing the remodel. We wanted to make even better, you know. It's just a 8 by8 porch. It's not going to be enclosed. It's going to be two columns attached to the roof. I mean, that's all I got. All right. Thank you. Thank you. Anybody else want to speak for against that? No. We're going to close this section of meeting from the public. Commissioners discussions I don't see a problemation

I don't I person yeah I personally don't see a problem I just was concerned because of the visibility but if there's not a visibility I don't think there should be a problem but is there a motion I'll make a motion there's approve there's a motion on the table I hear a second second there's a second discussion All in favor say I. I.

Any objections? Motion carries. All right, we're going to go to the next case. Case file number 2025-9-V. open the public hearing to consider the approval of the request by Juan Treiso owner of the var variance from section 14-21-4 of the city of Odesa's own zoning ordinance to reduce the front yard setback for carport from 5 to 3 feet 13 I mean excuse me 1713 Royalty Avenue council district 1. All right thank you Mr. Chair. So, uh, the property involved in this request is located at 1713 Royalty Avenue. The site is currently zoned single family, too, and is occupied by single family residents. Um, the property is surrounded by single family residential development on all sides, and the request is to facilitate the construction of a carport on the front of the property. Uh, 14 notices were sent out. None were received um in protest or approval. Um, let's see. The owner is seeking approval of a variance in order to allow the construction of a carport with a three-foot setback instead of the five foot required setback in the carport overlay. Uh let's see here. Based on the analysis of the request, staff does recommend denial. However, should the board choose to approve the request, the planning staff would recommend adoption with the following options. Uh the requested car porch shall not be enlarged. Any additional square footage or additions will require review by the ZVA. Uh all applicable zoning codes shall be followed. Building permit must be issued for the carport and the carport shall otherwise follow all or requirements under the carport overlay uh ordinance. With that, I'm here if you have any questions.

Can you tell me how long the carport has been in place? Um it was constructed relatively recently earlier this year. Correct. Yes. Okay. Yeah. So there's there's already an existing carport. He just wants to make it longer. Uh no. So the existing carport was constructed without a permit. Um and so they're trying to bring it into compliance. Oh, and they are in that carport overlay, right? Yes, sir. Yes. Normally here the with the carport overlay, they would have that five foot by right in the front. So they're just requesting it to the three. It's currently just past that.

Can you back up to the pictures again? Yes, sir. Is there a particular picture you'd like? Okay. Pull that. Uh right there. What does that sign say? I'm just curious. Oh, so uh as of September 1st, any changes to zoning rules, um so variances, um reszone requests, they have to have a notice sign placed, uh under state law. So, these are new um to us, but uh all of your cases that you've heard since uh anything in September have had these signs placed out on the property. We haven't had many. So, no. No, we haven't had many.

No, I think we placed it on for Mr. Marcus' property like two or three times trying to get it ready and then to pull it back off. Um so, but yes, we did uh we did start doing that in September. So if we were to deny the request, he would have to move the two front post to feedback. Yes sir. Okay. The post, right? It' have to be the overhang would have to be back. Yeah, you can't have any overhang as well. So the the two feet of overhang and the posts. Is there any visibility disturbance?

Um I I can't say that there um was any major concern. I mean, you do have bonum like two, three houses down. Um, there were some parents kind of picking up their kids there, but it is in the middle of the block. Um, it's wide open, so I personally don't have any major concerns about visibility any more than anything else in the overlay. It's not on a major arterial, um, which would be exempted from the overlay. So, sorry, we just got this laser setting set up. So, I've show any other questions for cities. Now, if they were given the I mean, they're going through the process to make it legit. Now, if they were to get the building permit,

I mean, they haven't been issued one, right? So, there hasn't been any inspections on the thing. That is correct. Right now, so they they would go as far as building inspections though, if if you guys went out there and found, hey, your footing is not correct. That has to be corrected. That would have to be correct. Okay. that I'll entertain some stuff here. Yeah, I understand. Any other questions? All right. Thank you.

At this moment, we can open the uh meeting to the public. Anybody wants to speak for or against the variance, please step forward. If you could state your name and address for the record, please. 1713 royalty, Odessa, Texas. Yes, sir.

This is the This is the copy that I took to the first floor. They didn't give me no instructions about the sewing or or inspections or nothing. And I gave her the measurements and everything and and she took it to the back and got an approval from somebody. She just gave me a copy and I and I didn't know I had to get a permit because I didn't get a permit to do my concrete. I didn't get a permit to do the sidewalk. Everything has been redone in that property. Brand new. Okay. Anything else you want to share with us?

He just uh they would explain it to me when I first took took the plan. Everything is right here. And she even signed it on the bottom. And she would have told me that I had to get a permit and, you know, inspections and everything. I would I would have went through that. But no, I didn't know nothing about it. You know, since I did the the drive-thru, everything brand new and the sidewalk that everything was I didn't get no permits or nothing. one one at a time. Okay.

Yeah. She they would have told me that I had to get a permit or she just signed it and gave me a copy.

Okay. If you want to speak forward, if he's done, you can speak for it and state your name and address for the record because everything's being recorded and stuff. All right. Sorry, she's going to

um Dora Teresa. Um we did to get a permit for the the cement. It was the company that did it. It took a long time, but they actually did get did a permit for that, the concrete and stuff. Um that was like beginning of the year or something like that. on this one right here. The only thing that he did is send the get the paperwork and everything looked at it for them to come and look at it or whatever um to get approval they can he she he can build build it and he said that's all they gave them. So, but like the it's uh here

it's all right. It's just it's just like a lot of information here. So, you went to the first floor to He said he went to the first floor. I couldn't go with him cuz I was sick for a couple of months and that's what all that he brought home and he said that's all they gave him and they said he was okay. So, that's when your original plans they signed off on it. Yes. And you thought you were good to go? Yeah. That's how come we don't we they didn't he don't have a permit right now. That's why we have to go back and do all this after they build it. So, okay. Any questions?

All right. Thank you. Anybody else want to speak for or against it? Please step forward. If not, we're going to close the meeting to the public. Commissioners,

so my first inclination is is it's been there. I don't have a problem with that extra footage. But if they get the permit and they go back and find that, hey, the footing wasn't enough or whatever that has to be adjusted, then I think at that time, you know, go ahead and adjust back and leave that five foot because they already have that carport overlay. So, all they need is that five foot. We're at three. But if everything checks out and passes, then I don't have an issue just leaving it there. But if if they got to move it or make an adjustment, then okay, go ahead and adjust the whole thing back at the time. So, but I agree. Yeah.

Just considering that if they readjust it to the uh 5 foot, it's going to be just the post and like I said, the overhang overhang. Um yeah, if they got to go through making corrections anyway, just go ahead and go ahead and correct the correct time. But if everything passes, you know, as is. Grandfather did. I say the same. Is there a motion? I'll make a motion with that exception that if they do have to go back and and adjust the carport to become in compliance with building inspections permit then to go ahead and make that adjustment all the way back from the post to the top.

So the motion is they would have to go back and the inspections get the footing inspections and stuff and everything is well then just leave it as is. If they have to do a adjustment on the footing, they're gonna have to correct the carport. Correct. Correct. All right. There's a motion on the table. Do a second. A second. There's a second. All in favor say I. I. Any objections? Motion carries as stated. All right. And if there's not another case, do I hear a motion to adjurnn? So moved. There's a motion. Second. There's a second. All in favor? I.

Any objections? Motion carries. Thank you. You have a great day and happy holidays for everyone. Thank you.