Planning & Zoning Commission - Regular Meeting

uh this meeting we're going to start with the start with the invocation Lord we just thank you for this day we just thank you for this day for the opportunity thank you for the opportunity to come here and do this just ask you bless this you bless what we do it is for the betterment it is for the betterment of our community we pray we pray amen amen we stand for the stand for the pledges

pledge allegiance pledge allegiance to the United States of the United States of America To the republic to the republic for it one nation one nation with liberty and justice for all justice for all the Texas algiance algiance Texas state one and indivisible.

Has everybody had choice everybody had chance to go over the minutes? Yes, sir. Yes, sir. Is there a motion? Is there a motion?

Make a motion. There's a motion. There's a motion. There's a second. There's a second. All in favor? All in favor? Any objections? Any objections? Motion carries. Motion carries.

All right, we're going to open. All right, we're going to open case file number 20 file number 2025-04. Remove from the tape. removed from the table to open a public hearing to consider approval of the request to consider Christopher Tetley owner from a variance from section 14-7-7 of the city of Odessa's zoning ordinance to allow a structure carport to be built at zero feet sightyard setback instead of the required 15 sightyard setback in a single family SF-3 zoning district lot 56 block 7 North Park addition 9 fing 610 East 95th Street.

Thank you, Mr. Chair. Uh, the site is currently zoned single family 3 and is occupied by a single family residents. Uh, the applicant, Christopher Tetley, owner, initially requested a 378 square ft a 14x 27 carport with a 0 foot sideyard setback. However, he has updated the request uh for a carport with the following specifications. So, the applicant is now requesting a variance to allow the construction of a 276 foot, that's 10'6 in by 27 uh feet, sorry, uh carport to be built with a twoft sideyard setback instead of the required 5-ft sideyard setback. Uh should the board choose to pro approve the request, the planning staff would recommend the uh adoption with the following conditions and that no other structures or additions may be placed within the 5- foot set uh sideyard setback. That the carport shall not be enclosed in the future and that no additional structures, additions or modifications may be made to the carport. Uh that the eve of the carport shall be kept entirely within the property line to avoid water runoff onto adjacent property. that the carport be attached to the main residence and that it shall meet building code requirements and obtain a permit from the building inspections department. With that, I'm here if you have any questions.

Do we have any questions for city staff? I'm going to need some clarification on the mentions. So, I don't know if it's appropriate to ask staff or just have the uh it might be best to ask the applicant um for the clarification on the dimensions because I do see that there's a bit of a Is it okay to open the public hearing? Any other questions for staff? No. Thank you. At this moment, we're going to open the meeting to the public. Anybody wants to speak for or against, please step forward. Please state your name and address for the record, please.

Chris Tutley, 610 East 95th Street. Do we have any? Yeah, just clarify. Uh it seems there may be some discrepancies uh from the plan view dimensions and the elevation view. Uh I see on the plan view uh the proposed carport's 10 foot 6 in 2T from the fence. Uh in elevation view, those dimensions aren't adding up. So, I don't know if that's just the old one or Yeah, that's from the old first design. Okay. So, that's no longer that no longer applies. It's still be looking the same, but it's I just trim the fat off to

I mean, the dimensions no longer apply because those aren't accurate based on the correct revision. Correct. on this page. Yeah, on this page. Yeah, you add those up. It doesn't equal 106, right? Um, so there's a discrepancy between the two.

How much how much space would be between the carport and the house? um about 3 ft because of the air conditioner which it won't be attached to the house. Yeah, it seems there's going to be about a 2 and 1/2t gap. Yeah. And then 10 six and then two foot from the outside of the carport to the fence line. Yes, sir. Five.

Yeah, cuz I get 156. It'll go over the air conditioner just a little bit. Oh, the roof line will. Yeah. Well, there's no overhang. It'll just come over. So, I can pull right up next to it. So, there'll be about that much over the air conditioner. Oh, I got you. Because it is car.

The main thing was coming away from the fence. Does the measurements line up to you uh in in the plan view? Uh yeah, I mean 2T from the fence, 10 foot 6 in carport. about 2 and 12 if the house is truly the 15 ft. So, it's going to be two. The brick is 15, but I don't know if overhang counts on the house. So, it's really 14 if the overhang counts, but from brick, the original house to the fence is 15.

Any other questions? All right. Thank you, sir. Thank you. Anybody else want to speak for against this variance? Please step forward. Okay. At this moment, we're going to close this section of the meeting from the public. Uh commissioners, can I make a statement? Um yes.

So on the conditions for this uh for this variance, there is a an added condition where uh we indicate that the carport be attached to the main residence. if he's planning not to attach it, then uh depending on your uh decision, if you're going to approve this, then I would recommend to um remove that number four condition. However, it's I just wanted to bring that to your attention. So, um I was going to ask you about that, so I'm glad you brought that up. So staff's recommendation if this was to be approved would be to actually move that over that 2 and 1/2 ft or so to get it up against the house. Is that what you're saying?

Correct. Um so I think in what I understood from his request is that it's a carport so it's open, right? Um the only thing that's going to be attached would be uh the the roof line the to the house but I'm not sure. Um, the way we received it was a carport. Um, I'm not sure if it's going to be enclosed. Do you mention it anytime? It's not. It's not.

Um, I just wanted to state that. So, planning and zoning requires a six foot separation from the the E to the E. permitting for the I the international building code doesn't really care about that, but they do care about the fence and the um eve of having a twoft separation. So, that's where you guys kind of have to think about which one's more important if you are going to allow it. Do we comply with the six foot or the twoft based on the international building cup? Or the other solution is I don't know if you can connect uh connect it with the roof line. So therefore it can be both. Then it can have a two foot separation and it's just connected to the roof. So then the six foot separation would not matter

on the other side. Yes. I don't know if that's something he can do. I mean any other questions? We could open it back to the public. Okay. Let's open this section of the meeting back to the public. Anybody want to step forward? Sir, please state your name.

I'm good, but it's just not very aesthetically pleasing to have a we coming off. I was just trying to match the peaks of the house and make it look good. Okay. Do we have any questions for Thank you, sir. All right. We're going to close the section of the meeting. Commissioners discussion motion.

How many times has this case been come came forward? Three times. Yes.

So we have a question. Do we which which do we comply for? um 6'2 foot or attached to the house or deny the variance. That's some that's what we had to discuss today. We um he's came up three times. So I feel that we should have a decision today. From the outside, this will look like, you know, it belongs there. Right. But it's just the two foot on the side. That's the issue. Correct. That's moving it well within what what is supposed to be the setback on the side.

Yes. And then the the six foot on against the house. So, do we comply with six foot? Do we comply with two foot or

So, what's the significance of the six foot for your community? According to the ordinance uh there whenever you have a accessory or structure um on the property has to maintain a sixoot separation from any other structure. Is that the a city ordinance or is that like a planning ordinance? Commissioners, is that a fire issue or just um just a

It's an or it was a a ordinance that was adopted by the state of Odessa zoning ordinance. Um it's it's stated in our ordinance um our zoning book um that it's it is a requirement and and if I may Gary Owens building official the two foot is out of the building code sideyard projection can never get any closer than two foot to a property line any closer than 2 feet. That's straight out of the building code. And that would be on the carport side. Yes. What about next to the house?

Next to the house. I don't have a problem. The code, you know, I can get next to the house. I can be a little separated. That's not an ordinance. I mean, that's not a code. My code talks about calls it a sideyard projection from a structure. I can never get closer than two foot to a property unless it's a zero clearance piece of property, you know. Is that something? Can I answer my question? So, I'm I'm that answered my question, too. So, with the twoft clearance, I'm okay with it. Six foot. It's like irrelevant. So, let's just allow them to have that that space.

But also, uh we all about to rule on this. Um we also got to make sure that we're not setting the presidents for future. we are because these these lots are all small and narrow out there and and that's and that's something we have to consider. I mean I know there there's a hardship and I know that we have to um I mean I know there's a hardship and that's what we're here to look for. Uh I I mean whichever way I decide to go I'm okay with. It's just we we also got to remember. But what's the hardship? I forgot uh the size of the lodge.

The hardship I think it was Mr. Tley. Oh, the hardship. Do you have the letter of the hardship? I think it was it was damage.

I guess the question would be if I mean can you just read it to all of us so we go have it.

He indicated that truck will not fit in garage and I would like to protect it from sun damage and hail storms. It is a precedent because the area but I guess the question is are we comfortable with everybody getting two foot when they come in here to

I prefer not to set the president. I mean, even if you move it and butt it up against the house, I don't know if that's really a practical solution because the AC unit's there. So, I mean, otherwise, that would be my preferred option, but I don't know how practical that is because the AC. So, okay, let me call Mr. Tally back up. Um, he wants to say something, Mr. Tatley, we're going to open it again. Just state your name for the record.

Chris Tetley. Um, there's only a few blocks of Dr. Hortons out there and the rest are all beaten. So, there's not many houses with 15 ft, like maybe 30 houses. The rest have five. So, not everybody can do this if that's what one of your questions. Okay. All right. Sorry. No problem. Thank you. Thank you. You're closing it from um commissioners. I I understand the nature of the neighborhood and it is tight, you know.

Can we have the aerial for vehicles to be, you know, parked in the street? U neighbors, you're encroaching on one on top of the other. And so he's just utilizing his property for Does he have an alley? It is. Yes, it is. The option is you can go through the attic, right?

Yep. Yeah. In this case, um there is an alley. You know, not all these developments have alleys anymore. So, there is that option access to the alley. All right.

Can we ask him another question? Sorry. Sorry. For the record, we open it back to the public. Is there an option to do it in the alley? Because obviously, you see, we're struggling with this. I understand. Um, and we're trying to, but we're not getting there. And that just it's just not convenient to go to the alley, open a gate, you know, when you're using the vehicle every day, you just want to pull in like you would to the front of the house. Yeah. And I believe there was a a variant in your driveway to open up that up as well. Has that already been done? Is that the work? And then they approve the the curb cut.

So it's a very narrow alley, too. My cuts big and 10point turns and stuff. Thank you, sir.

Can we see the pictures of the front of the house? All right, commissioners. What do you think,

Kyle? I mean, I I prefer not to set that kind of precedent. Um, like I said, if anything, but bun it up against the house, but then I understand that EC unit is there. So, I don't know that's really practical to do that. So, is there a motion or is there

I'll make a motion that we deny is presented. There's a motion on the table for denial. Do I have a second? I'll say. There's a second. All in favor say I. I. I. Any objection. Motion's denied. No objections. Correct. No objections.

All right. We're going to go to case file number 2025-15-V. open a public hearing to consider the approval of the request of Yermo Perez, owner for a variance from section 14-7-HD of the city of Odessa zoning ordinance to allow structured garage to be built with a 3-foot sideyard setback instead of the required 15t yard setback from section 14-7-8 in a special dwelling district SPD zoning district law 16 block 33 Lato estates for filing 3900 Oportal Street.

All right. Thank you, Mr. Chair. Uh the applicant is TJ Ward and uh YMO Perez. Uh and the purpose of the request is to obtain a variance to allow 480 square foot garage to be placed with a uh 3-foot sideyard setback instead of the required uh 15t sideyard setback from section 14-7-8 subsection D of the city of Odessa zoning ordinance. Uh staff analysis of the request is that the variance is contrary to the public interest for several reasons. The applicant's request to reduce the sideyard set back to three feet instead of the required 15 would create precedence for surrounding properties to follow. Second, the fence on the east elevation facing a Porto has a gate access to the rear yard. The proposed structure would block access to the rear of the property. And third, minimizing the sideyard places the structure closer to the street and may prevent visibility for traffic uh traffic traveling southbound on Parks Legato. Uh should the board choose to approve the request, planning staff would recommend adoption with the following conditions. Uh that no other structures or additions may be placed within the 3T sideyard setback adjacent to the street. That the garage uh maintain a six-foot separation from any other structure. that the garage ees shall be maintained with the property in order or within the property in order to avoid excuse me uh water runoff into the rightway and that it shall meet building code requirements and obtain a permit from the building inspections department. And with that we're here for any questions. Do you have any questions for

So I've got some questions dimensions. I mean I see a lot of dimensions here. I see a 24. I see what looks to be a five and a 12 feet. Then I see 23 23 5 in. I see a 10 there. What? And but then the the request is to have a three sideyard set back. So, I guess I'm just not understanding what's what are we even looking at here, like what's really the dimensions.

This location requires a 15t sightyard setback adjacent to the street. Um they are wanting to place the structure um 3 ft from the property line. Uh they are wanting to um extend towards the back. If go ahead and put the picture where the house is. Okay. So that's not the one that one. So if you see behind that white truck, there is a gate um that it opens and closes. Now when I looked at that, there is no curb cut. However, something like that would not be allowed because it's closer to uh Legato Drive. However, they're planning on placing, excuse me, they're planning on placing the uh carport or the structure uh inside the property towards the back. I did uh contact Mr. Ward who is from Planet Construction. He's the one that's proposing to build that. Um I indicated that I needed the measurements from the gate to the inside of the to the structure. Um once we open the public hearing, we can hear more information from him. So, you're saying there's not a curb cut. So, is this going to be entrance from the front to the house?

He is. Uh, that's what I'm thinking he's proposing. I did ask him though, um, because I see that um driveway there, that cement already on the ground. Um, he indicated that the entrance would be from the back. From the back. Mhm. Okay. Any other questions for any other questions for staff? No. No, sir. All right. Thank you, Miss Pto. At this moment, we're going to open section of the meeting to the public. Anybody wants to speak for or against the variance, please step forward.

Maybe you could uh state your name and address for the record. award plan construction 6111 North Dixie in Odessa and um what I was going to explain on the your question about the measurements where it has 24 ft and 23 and a half where it shows difference is that the um the house is a little bit uh you know the difference from the property line so it's like a little curved I guess you could say does that help so at the b at the front it shows 24 ft In the back it's 23 and A2. So it is a little little off on the measurement there. That that would be why.

So it's not a straight line on the house. I guess the house isn't Yeah. Just a little bit of an angle about Yeah. Not completely square. Six inch. I mean that's Right. Right. So that would be the difference. So in the back where they're wanting to put this is about 23 and 12 feet from the house to the fence. Yes. to the fence. Uhhuh.

And they're asking for a 12 by 40. Yes, sir. Yeah. 402. Is it a carport? It's a garage. A garage full enclosed. Yes, sir.

Mhm. And if I may say um to uh what they spoke on about uh this would create a precedence, there is already a precedence. And if you go down um the drive there um I'm sorry, what is the name of that street? I apologize. Um down Parks Legato, oh no, Trace Harmones Boulevard. If you are to travel down that, there are already several buildings that are within these same measurements that we're requesting to build. One of which we built um I want to say probably eight years ago directly across the street from this this home. So it is already a precedence in in the neighborhood. Uh as well as uh we are still well within the site plan, you know, the sight line. if someone were to come to the stop sign there, you're well within the stop the site because the fence is going to come up way past uh where the building would come up and and the fence is a very tall uh fence to say um that it would, you know, you could see there that it is going to uh it would obstruct the uh view before a building would that is still set within another four feet of of the property line. I'm sorry, 3 feet. looking.

I don't know if we Is there an aerial view there that you could show the other buildings? Uh the the building directly across the street from this, the house directly across the street from this is where you would see those same setbacks. And then the one that we did not build, but that is there. You can see that building kind of towards the back of that one. Um the the property uh directly behind that already has a building at those setbacks that we were requesting. Do they follow the same those pre-fabricated buildings they follow the same that may be? Yeah. Yeah.

And and some you know I understand there may be a structure there but does anybody know was it really permit or they just do it you know? Oh no we did permit uh the one that is directly across the street. Uh yes, about 8 years ago, which we did try to pull the plans uh from the city. Um they've changed their system twice since then. So the archive I guess is not available. The one the one that you pulled uh eight years ago, did you have to do a variance? No, we did not. So it was so there's a difference. There's a difference. They said that is not that it is the same setbacks. Okay. Uh if we Okay, hold on. Do we have any other questions for I

I'm still trying to understand. I I see the request is for a three-foot side, but if I'm hearing at the back of the house, it's about 23 uh feet 6 in or so and this is a 12 by 40. How how close are we really getting this to the the side then? If we have 23 ft, it's 12, right? It's it's 12 and then the six that we have to stay off of the from the house. So six. So we're going to be at 18 at that point. So we're 18. So it's actually more like five five and a half I guess.

Okay. That's where my confusion was. That wasn't adding up to three trying to get there. Yeah, I see that too. I was kind of wondering the same why why it shown. So it's really almost six feet five and a half to six feet from Yes. Yes. So cuz if it's six from here, five and a half from here we have 12.

Yes. 6 12 that's 18. And there's still, I believe, an 8 foot uh difference from the back of the sidewalk to the property line of the fence. So that's why I'm saying that the fence would become more of an obstruction for view before the the building would.

Any other questions? Thank you. Anybody else want to speak for or against? I'm not really for or against. I just quick note here on a detached structure on the side. You're talking 3 ft to the property line. That wall would have to be a firewall. I mean, it can be done all the time on storage buildings and whatnot. I don't want to give you that information. You mean between the outside of the building and the property line or on the hing? That one wall just like if you was putting a storage building in your backyard away from your house, you can you can encroach on that five foot if you put a firewall there. But it seems they may be five and a half about five and a half feet from the from the

I was heard you saying three feet. Well, it the write up says three, but when you do the math, it's more like that information. And we get in there to be sure. So it's closer to I think does them all the time. I think you know but they're six foot over there. So far it's more than three. Yeah.

Is there Okay. Maria, anybody else want to speak for against the variance? No. Okay, we're going to close the section of meeting. Maria, was there any notices sent out? Any Yes. Um, there were I'm not There were 16 notices sent. Uh, no returns, no approvals, no protests. What was the hardship? Can we see the picture of the front of the house, please?

Um, would you like me to read it out? Sure.

Okay. Um, his hardship is indicated. I need to build a garage to house and protect my vehicles. Several other houses along Park Lagato uh road have built buildings uh buildings the same distance from the curb. As I am requesting in As I am requesting and these do not block the view from any drive nor go beyond my property fence. Can we get the the indications that we were to approve this? What are you requesting?

Please continue maintain commissioners.

Is there six foot from the house to the Yes. Yes. Yeah, I think we're already planning at six. Yeah, the side. So, no park, no entry from the front. No entry from the front. So we have five and a half from the sideyard parks legato. Uh we have the six foot

from the house. Um would it Maria? Does it cause any visibility any hazards? the structure or the garage itself does not cause visibility. However, that's why I recommended that no um access through uh from a porter street because when you start placing vehicles there on that corner um it that might impede visibility for the uncommon traffic from the god road.

Okay. All right. So, there's no visibility. Do we have commissioners? I'm okay with it. I'm fine with this because of this. You've already got one existing, but I mean, we don't know if they permitted it or not. I mean, we can't go off of that. I mean, I I technically don't have There's not nothing else in the room.

I personally don't have a problem with it. I mean, I don't consider it to be a hardship, but because he's already has a two-car garage. Um, but I mean, he is 5T from close enough for the variance. Yeah. So, he's still five five and a half feet from the sideyard setback. He's still six feet from the house. There's no visibility hardship. I mean I I don't have person I don't have problem with this or approving this or having the recommendations adding the recommendations from the city with along with the approval with the approval. I mean it's up to y'all whatever.

I'm good with it's access from the alley. Yeah. It's not directly to Tresas or Perto. So that I'm okay with it. Yes sir. And if you would like access from the alley, you can go ahead and add it as a condition um on your approval if if you would like to approve. Okay. Yeah. I mean I mean this variance is uh was applied that it's going to be accessed through the alley and um so I mean all right

is there a motion? I'll make a motion that we approve with the city staff recommendation in adding that access has to come from the alley. Okay, there's a motion on the table. Is there a second? I'll second it. There's a second discussion. No discussion. All in favor say I. I. I. Any objections? Same sign. No objections. Motion carries. There's no further business. There's no further business. So then do we have a motion to adjurnn?

Motion to adjurnn. There's a motion there or a second. Second that motion. There's a second. All in favor say I. I. Any objection? Same sign. Motion carries. Thank you. Thank you. There you go. I give you this. Yes, I'll grab it. Okay.

Thank you.