Zoning Board of Adjustment - Regular Meeting

invocation. Kyle, will you lead us invocation? Sure. Uh, dear Lord, uh, we thank you for this uh, beautiful morning that you bless us with. Uh, we thank you for the opportunity to gather and uh, we ask that you uh, provide us with uh, guidance and wisdom and insight as we're about to hear these cases presented before us uh, to make the appropriate decisions. Uh, we ask this in Jesus name. Amen. Amen. And then does it have it on our PowerPoint? Okay. Okay. As we stand up, uh, say 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 and indivisible. All right. Have y'all been able to look over the May 7th meetings? If we have, do we have any motions? Do we have a motion? Uh, make a motion to approve. There's a motion on the table. Do I have a second? A second. There's a second. Everybody in favor say I. I. Any objections? Motion carries. All right. We're going to open our first case. C case file number. So, I need to abstain from the first case file, please. Okay. We're going to have an um abstain. One abstain. Case file number 202503-V. open the public hearing to consider the

approval request of David Velos owner for for a variance section 14-7-7 of the city of Odessa's owning ordinance to allow a variance to allow a structure carport to be built zero feet sideyard setback instead of the required 15 ft sideyard setback in a single family three zoning district lot one block 9 Linda edition first filing 4332 Locust Avenue The property involved in this request is located at 4332 Locust. Is that better? The property involved in this request is located at 4332 Locust Avenue. The site is currently zoned single family 3, a zoning district and is occupied by single family residents. The property is surrounded by single family residential development to the north, south, east, and west. We did send notices out. 13 notices were sent, zero returned. There was one approval and zero protests. The applicant is David Velos, owner, and the purpose of the request is to obtain a variance to allow the construction of a 570 ft carport to be built with a zero footyard setback instead of the required 15t sideyard setback. The applicant is requesting a variance from section 14-7-8D of the city of Odessa zoning ordinance. Staff analysis of this request is that the property is located within the carport overlay. However, the applicant is proposing to place the carport on the sideyard setback adjacent to East 46th Street. According to the plaque for Lindell edition, first filing recorded in 1959, a 15oot sightyard setback was established for lots adjacent to East 46 Street. Staff analysis of this request is that there are no special conditions

associated with the property that do not exist for others in the area. The applicant's request to reduce the site setback to zero instead of the required 50 ft sideyard setback will create a presence for the surrounding properties to follow. The property is situated at an intersection which may impede the visibility of veller traffic approaching East 46th Street due to the proposed carport's pitch roof extending up to a height of 15 ft. In addition, an existing metal fence closes the yard site yard potentially for the obstructing sight lines. The planning staff cannot support the variance request and recommends that the request be denied that the carport be located at the rear of the property maintaining a six-foot separation between the main residence and the accessory structure. Should the board choose to approve this request, the planning staff would recommend adoption with the following conditions. Excuse me. That no other structures or additions may be placed within the 15 ft sideyard setback. that the eve of the carport shall be kept entirely within the property line and that the carport shall not be enclosed in the future and that shall that sh and that it shall meet building code requirements and obtain a permit for the building inspections department. I will add that it is within the um carport overlay. The carport overlay um I'm sorry, yes, the carport overlay ordinance indicates that it can be built in the front. Um it would he would have to leave a 15 foot uh I'm sorry, a 5-ft front yard setback, but there are other conditions especially uh indicated for a side street uh carports. I'm here for any questions. Any questions for staff? So, Maria, if if it's in the carport overlay area, he would be allowed to put it up on the front side, right? Almost where if he wanted to put it on top of that

driveway. Yes. So, what's the special condition that would need to be met since we are on the corner lot? So special conditions um I think he has to be observed that 20 foot sight um there's a 20 foot sight line um distance yeah distance on the corners um I think it's from the street from the from both streets uhhu so he would have to uh that's one of the conditions of the carport overlay so pretty much that radius right there on the streets those are all 20 foot radiuses so we're pretty much already from curb here to where his driveway's at, that's 20 foot. And then if we're going where he's proposing it, then we have to his driveway over there. That's 20 foot. Yes. Any other questions? No. Okay. At this moment, we're going to open this section of the meeting to the public if anybody wants to uh speak against or for this uh ordinance. Please uh step up. Please state your name and address for the record, please. Good morning. Uh my name is David Vlos. I live at 4332 Locust. Um there are a lot of a lot of requirements because of of the u the location. Um, I do have a seven foot fence already and uh that area there was already a carport there. There's a driveway that's that was already pre-existing if you can if you look at the picture. Uh, there was already a carport there. We took it down because it was it was just really really old and unsafe. So, uh there's concrete that's poured all the way across in that back area.

One block up, exactly one block up, is another variance that was granted before. And uh that home uh it's a nice home as well, but it it's already been granted. So, uh I I'm trying to just get granted what's already been approved by the council before. um really just trying to protect my vehicles and u protect my property. Uh we've been there for 14 years and uh all around me if if we drive around that whole area and I've got a probably 20 pictures of carports that have been built very similar and I've actually gotten down and spoken to owners. Some of them have never even gotten a permit. And uh I have experience building homes. I have experience as a superintendent building homes and the carports can be built professionally. It's going to bring value to the neighborhood. If you look at the home compared to the other homes that are a lot of rental properties, there's people there that do care about their about their property, like my neighbor Amber. Uh my neighbor right across the street has a carport. uh they have a building off to the side and uh I just feel that uh you know I I really want to protect my cars and uh with the amount of storms that we have now I can change the design if if the design if I was going to follow the the roof line I don't have to do that. Uh if you pull up to that if you pull up

to that fence, you're already a foot down. If you pull up to 46 and Locust going north at the curb, you're a foot down. So you're already 8 feet up. If I built the carport at 8T, it wouldn't make a difference because it would be the the height of the fence. Um so I'm I'm willing to adjust the carport if I need to. Again, for aesthetics, I wanted it to look nice and follow the roof line, but if I need to adjust it, I will. I just need to protect my re and protect my cars. So, uh I know that in the front, if we build it, we're going to have to be way over and it just is not going to be appealing to my neighbors. If we bring it over and I have that front porch area, it's very awkward. on the side. It' be really nice and clean. You can see the cardboard's already there. The concrete was already there. So, everything was pre-existing. I just want to extend it and make it look nice. If y'all could please consider it. Anybody else wants to speak for or against? Okay. At this moment, we're going to close this section of the meeting from the public commissioners. the uh carport o overlay was introduced to the city for this purpose, right? To allow uh citizens to attach carports in the front and and we they they knew when they passed that ordinance that you were going to encroach on the setbacks. Uh to me, whether he places it, I mean, it's a corner lot and we're trying to we're trying to the safety of the traffic. 46th Street. You know, it's not 42nd, but um the sight distance is is is to me

fine because we're past the curvature of of of the radius there, which is 20 20 25 ft back, right? And then I fully get that he's trying to, you know, put it in line with the house to make it match, make it look good. That way it doesn't just look like they stabbed on a carport to the house. Um, but my biggest still is is is that was the whole reason for the carport overlay was to allow this like this whether it's in the front or whether it's in the side. Uh, so I don't I don't really see, you know, forcing the issue to put it to the front because he's he's going to be at the same distance coming in and out of it on the front side because the driveway is right there at the end of radius. Uh it's a little better on the 46th street side because the drive into the carport is, you know, further back even though the edge of the structure is right there at the in the radius, but where he's going to be coming in and out, you know, it's further down the street. So, I mean, I think that's kind of where I'm sitting is that, you know, they introduced this ordinance for this purpose, but yet, you know, if we don't give the variance to do it, it's already it's already been established that you can't encroach on the on the setbacks and the easements per that ordinance. So, in reality, we're really not given a variance to it because it's already allowed in that ordinance. I think the variance is because of the He's because he's encroaching on the 15oot site yard. So it needs it needs to have a variance. He does. But that but that's what I'm saying in the ordinance it already allows for you to encroach it because even if we even if we place it on the front side, there's a 20 foot setback that we'd be encroaching on the front side too, but the ordinance allows us to do that with the carport overlays. Okay. So So what's the what's the difference in encroaching on the side or

on the side setback? So even the sight setback leaves some um distance uh for um for sightyard. Um I do know that the sightyard setback um when it comes to the overlay does allow you to leave at least three feet um from the eve to the neighbor. In other words, you do have to set your poles um on the five feet, but correct. But in this case, we don't have a neighbor. We have a street and that's where that's well you see and even on corners on side streets you have to have a 10-ft rightway. Um you do have to he's trying to encroach on all of the setback not just leave the the three or the five. So I'm going to have to read the over the carport overlay one because we have five foot right away from back of curb which is the city right. So, you're trying to say that there's a motion on the table or Well, it's up for discussion. I mean, if we're going to if we're going to I mean, I haven't heard from anybody else to say whether you know what their opinion is and that's what the discussions for here between us to see, you know, anybody else has discussion. If I need to make a motion, I'll make it to uh So, yes, we have So, is there a motion on the table? So, I I'll make a motion to to allow the variance for them to place the the carport where it's at based off of, you know, the overlay ordinate that's already in place by the city. Uh I I feel that uh Okay. So, there's a motion. Are you going to put the um recommended the four recommended uh bullet points from the city to be part of the motion? Yes.

Okay. So, there's a motion to allow the variance with the recommended options with the four recommended conditions for uh that was placed by the city. There's a motion on the table. There's is there a second? I'll second it. There's a motion and a second. All in favor say I. I. Any uh objections? Any statements? I sustain. Motion carries. We're going to the next case. Case file number 2025-04-V. open the public hearing to consider the approval of the request of Christopher Tetley owner variance from section 14-7-7 of the city of Odessa's owning ordinance to allow a structure carport to be built zero at zero ft sightyard setback instead of the required 15 ft yard setback in a single family 3 SF3 zoning district lot 56 block 7 North Park edition 9th filing 16 east 95th Street thank Thank you. Um, the property involved in this request is located 610 East 95th Street. The site is currently zoned single family 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 Christopher Tedley, owner, and the purpose of the request is to obtain a variance to allow the construction of a 378 square foot carport to be built with a zero foot sightyard setback instead of the required 5T sideyard setback. Uh the applicant is requesting a variance or section 14-7-7 of the city of Odessa zoning ordinance. Uh 15 notices were sent, zero returns, zero approvals, and zero denied. Um, I will tell you that

this property was initially uh when the subdivision was created, it did allow for that uh 15 foot sights sight yards. Um, however um during the time it was uh amended that zoning was amended to allow only the five feet siteyard setback. So they do have a little bit of leeway which is the uh 9 ft uh between the house and the fence. Um staff analysis of this analysis of the this request is that the variance will be contrary to the public interest for several reasons. First, reducing the site setback to zero will create hazards and hardships to the adjacent property due to the proximity of structure and will cause flow of rainwater to fall onto adjacent property. Second, it will reduce amount of light, air, and open space for the adjacent property owner and set a negative president for owners to place their structure site on front yards. Staff recommends that now the applicant's request for a zero foot sightyard setback. Instead, staff proposes reducing the width of the carport from 14 ft to 9 to comply with the required 5t sightyard setback. Should the board choose to approve this request, the planning staff will recommend adoption with the following conditions. That no other structures or additions may be placed within the 5t 5t sightyard setback and that the carport shall not be enclosed in the future. the eve of the corpo shall be kept entirely within the property line and that shall meet building code requirements and obtain a permit from the building inspections department. And I'm here for any questions. His drawing did indicate that there's 14 ft. However, um the uh the survey uh shows it's 15 on that area. I'm here for any questions. So on that one, Maria, how are they going to enter into that carport? So

um see on that one he is proposing to perhaps um do a curb cut to enter into that carport. Will that allow us to do a curb cut? Uh that would be up to public works. So that's widening the c the drive and extending the curb cutting getting it closer to the property line. Correct. Now the room is fine. I mean because you you can narrow it down to the nine. There's just no entrance to it. So basically now you're making your front carport twice the width. Yes. And in this area there is no front um carport. There's no carport overlay. There's no sir. I'm saying I mean your drive, not carpool. Your drive would be double the width. I'm sorry. Yeah. You have to extend that curve cut. One of the drawings there shows the patio uncovered in the back, but is it actually it's covered, right? Not that this is part of the variance, but I just want to make sure I'm looking at the drawing right. Yeah, it says uncovered. Yeah, it says uncover, but it says cover. And your original original setback when they did the plat was 15 foot, but then they amended it to the five foots, which is typical the typical. Yeah, it's going to follow the single family um zoning requirements per per building inspections though, do they still require the six instead of the five? Most of the time it's usually five, but they upped it to a six foot sideyard setback. Depends on the zoning. Sorry, but there is a um there was a uh sorry, there was an approval when the zoning amendment was done. Mhm.

That that allowed it to be. Okay. So, we easily have the nine nine even. I found it hard to believe that it was six not six feet. Yes. So we actually have like if there's 15 foot between the house and the and the edge there, we actually have 10, right? Because you want to have to stay fivet away from it. So we got we got 10. Okay. That one. Yes. Is it the same on as as far as any overhang into the setback also? So on sidey yards on side overhangs um you would need a 24 in um according to ordinance section 1478 roof E projecting not to exceed 24 in into sightyard. So you get 11 well you got post on your nine. So nine is the max. And what we're trying to avoid is anything going over to the neighbor's property when it's raining. Are any other questions for staff? No. Okay. Thank you, Maria. At this moment, we're going to open uh this section of the meeting to the public. Anybody wants to speak for or against, please step forward. If you could please state your name and address for the record, please. Good morning. Uh Chris Tutley, 610 East 95th Street. Yes, sir. Um the reason I'm trying to do the 15 is because I have the air conditioner there and that takes up four feet. So I can't get all the way to the

house. Um I'm trying to do make it look exactly like the house with brick and everything so it looks kind of like it was meant to be there. The covered patio is just a tarp for my birthday, but um I'm going to have gutters and everything so there won't be and I'll bring the concrete up so there won't be any flooding to the neighbors. Any questions for homeowner? All right. Thank you. Sorry, I'm nervous. Anybody else want to speak for or against it? Okay. At this time, we're going to close this section of the meeting in public. Commissioners discussion. You send Five foot. We got to stay inside that five. But if the air conditioner is there, it takes up four. That's just going to leave you 11. 11 foot. No. Or cuz all we have was nine. Nine. So take four off of that. So five foot drive. I guess the other biggest question. I think the other biggest question too though is you know what you asked earlier if he's going to do a curb cut if they're going to even allow that because then you get past the minimum I mean the max for residential drive is like 24 ft so I don't know that they'll allow that curb cut anyways over here to drive straight into it if you doing a question B is table it and see if ask if they're going to allow the curve cut before we can even

and it could be I mean of course even if you don't do the curve he can do that same drive and go in and around but from the air conditioner to the pole is only four five feet can't even get a car in there you can't put the pole any closer to the fence line from that five so it's like how do you get in anyway it's only five foot with the air conditioner pad being in the And we got to stay on that five foot setback. Um we can probably well this is just a suggestion um probably table it to see what public work says whether he can uh do that curb cut in the front or also um access through the back and through the carport in the rear. That's another option. Go back to the other. Oh, back here. I motion to table it to find out more from public works and from inspections to see about that curb cut. There's a motion to table. Do I hear a second? I'll second. There's a motion in a second. All in favor say I. I. Any objections? Any statements? Motion carries to table. Next case. Case file number 2025-05-V. open the public hearing to consider approval request of Cheryl Walker, owner for a variance from section 14-7-5 to city of Odessa zoning ordinance to allow a structure carport to be built with a two foot front yard setback instead of

the 25 front yard setback in the in a two family one 2F-1 zoning district lot one block 125 college edition first filing supplemental plat 170 1801 North Lincoln Avenue. Thank you, Commissioner and members. Um the there was 11 notices sent, zero return, zero approved, and zero denied. The property involved in this request is at 1701 North Lincoln Avenue. The site is zoned to family one zoning district and is occupied by single family residents surrounding surrounded by single family residential development to the north, southeast, and west. The applicant is Cheryl Walker, owner, and the purpose of the request is to obtain a variance to allow construction of a 528 foot carport to be built with a twoft front yard setback instead of the required 25 ft per year setback. The applicant is requesting a variance from section 1475 of the city of Odessa zoning ordinance. The variance will be contrary to public interest if approved. First, the carport proposed carport structure will reduce the amount of light air open space for the adjacent property owner and set a negative president for other owners to place their structures within the front yard setback. Second, a carport will create safety issues for track fix southbound from North Lincoln Avenue approaching the intersection. Staff analysis of this request is to deny the applicant's request for the structure carport to be located in the front yard with a two-ft front yard setback. The property is located in close proximity with an intersection which might hinder visibility of traffic if the carport is placed in the front yard setback. However, should the board choose to approve this request, we recommend the following conditions which would require 22. That no other structures additions may be placed within the 25 ft front yard setback. That the carport should be attached to the main residence. And that the carport should not exceed shall not be enclosed in the future. and that it shall meet the building code requirements and obtain a building permit from the building inspections department. And I'm

here for any questions. So, first question is, is this property located in in that same carport overlay district? It is not. It's not within the overlay district. Um, and another thing is if it were in the overlay district, the two family one uh zoning district is not part of that carport overlay. Okay. Any other questions? No questions for Maria on on the carport overlays on the on the what we gave 14 foot was max from the house to the first pole with the 4ft overhang. That's what we had from the very beginning. Correct. Am I wrong? Okay. Yes. But being not in the carpal overlay. Yes. Yeah. It's a good one. Changes the game. It changes the game. Any other questions for staff? All right. Thank you, Maria. At this moment, we're going to open the section of the meeting to public. Anybody wants to speak for or against? Please step forward. She just Okay, we close this section of the meeting to the public. Anybody wants to speak? Commissioners discussion. If it was in the carport overlay, the 14T would be required with the 4ft

overhang. But since it's not even in the car in the carport overlay, nor in the zoning, really not much we can do because we're not going to they're not going to allow us to pull a permit or them to pull a permit is not allowed to be done. Correct. Correct. Does she have another garage in um See, can you pull it back? Go to the front there on the right. So, she does have a garage. It's just a one vehicle. Did they know that uh we're having a meeting today? They did. We did notify them. We notify them by mail. We notify them when we receive their um application and they it does in we place it on the newspaper as well. And then do we call them? Um we she does contact them and they they were aware that they had this meeting today. Yes sir. Somebody did speak to them in person and say yes. Okay. But they answer but they answer the first day. My my concern is I mean if this is a hardship, what is the hardship they're facing? Um but I mean they're not here to discuss what the hardship is. We do have their application. Um A carport needed to cover vehicles and protect them from hail damage. House built in 1946 with no garage. Corner lot will not allow side carport. Um this is all she has indicated on her hardship. So she has no

garage. Um that's what she has indicated. Um my thought is that they're using what they have now as storage which that's way but but then again I mean I'm not sure about that commissioners any well I mean they they have a carport I mean a garage. And the whole thing about the Corporate is when you don't have a garage to give you the opportunity to shield your vehicles without a garage. But they have they have one. But how many cars do they have to have? Two cars. Yeah. But does that I guess I just go back to the fact that it's not allowed and then zoning is not allowed. So how will they pull a permit either way if they're not going to allow it? Okay. So, um, do we have a motion? Do we have a table? What do we What? Um, tough. This one's a tough one. So, I'd recommend this. Uh, we table it. For one, they're not here to kind of present or explain. It might have just been a miscommunication, whatever, but maybe give them a chance, a second chance to come back in and explain their side of it. If they don't, then, you know, then then it's it's a little easier decision to say, okay, or or even maybe to hear of what they're talking about zoning and and all that so that they know, you know, I think historically if the applicant hasn't

been present, we haven't made a decision on it. Yeah, we haven't. Historically, we have not made a decision. We have applicants not present. Right. So, so I'll make a motion that we table it. Uh let them go back and talk to the planning department and and get further explanation to them. Okay. So, there's a motion for to table. You hear a second? I second that. There's a motion in a second. All in favor? I. Any objections? Any abstainment? Motion carries this to table. All right. So, if there's any no other cases to be heard, do I hear a motion to adjurnn? Motion to adjurnn. There's a motion. Second. And there's a second. All in favor? Any objection? Helping Han obstain.