Zoning Board of Adjustment - Regular Meeting

Straight hand. Can you lead us? Sure. Dear Lord, we just thank you for this day and we thank you for the opportunity to gather. Lord, we just ask you bless what we do this morning. And it is in your name we pray. Amen. Amen. Amen. Now we stand for the pledge of allegiance. 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 algiance to thee Texas. One state under God. One and indivisible. Where are we going to the consent items? Do I have a motion to accept meetings from August 20th? I'll make a motion. There's a motion on the table.

Second. There's a second. All in favor? Any objection? Motion carries. All right, we're going to go with our first case file number 2024-14-V. open a public hearing to consider the approval request by Aurora Ayala owner and Lisandro Ayala applicant from a variance from section 14-7-8D of city of Oza's zoning ordinance to allow carport at a zero ft set back instead of the acquired 5T sideyard setback.

Good morning, Mr. Chairman and members. Um the applicant is Alexisandra Yala Aurora Rayala owner and um they are bringing back this case. Uh the purpose of the request is to obtain a variance to allow the construction of a 396 ft carport built with a zero foot sightyard setback instead of the required 5t sightyard setback. Um the applicant is requesting a variance from sections 1478D of the city of Odessa zoning ordinance. Um Mr. has since submitted in uh new photos of his backyard which there um the variance request was presented to the zoning board of adjustment on August 6, 2025 and the board requested to table a case to allow time for applicant to provide additional information which he has. Uh the property has a rear yard that can be used to accommodate a carport without the need for variance. The applicant has provided additional images to support his request for variance. staff uh continues to recommend a denial of the applications request for a zero foot sightyard setback instead of the proposed uh instead of reducing the length of the carper from 22 feet to 17 ft to comply with the required 5t sightyard setback. Um should the board choose to approve the request, the planning staff will recommend uh the following conditions as listed on the screen. We have I'm here for any questions.

Do we have any questions for the city staff? No. Okay. Thank you. At this moment, we're going to open this section of the meeting to the public. Anybody wants to speak for or against the variance, please step forward, state your name and address for the record. Good morning. My name is uh Elisandro Yella. Um, so yes, uh, from what we last discussed, uh, uh, y'all had planned or Yad thought about placing it on the inside of the yard, but as you see in the photos, it was it wasn't a right now

don't have the the space in there. Uh, we plan on using that area kind of as like a little workspace. You see, we got that U winch there. Um, and then the clearance for the door, if you see right above that red uh door, it's got a a pillar of of concrete. That one, I believe it was like 7T 5 in. And then I measured the height of the truck and it was like roughly about 7 feet. U so it could clear it although not comfortably I would say. Um, I believe that would be it.

Yeah, it's just anything. Yeah. Yeah. No, no, it's not. It's for any little projects we need done there at the house. Okay. Yeah. Any questions?

All right. Thank you, Mr. Yala. Anybody else want to speak for against the variance? Okay. At this at this moment, we're going to close the section of meeting from the public commissioners. Thoughts, questions, comments, motions, anything. According to the pictures, everything there can be if there's a car to be added back there. I don't I don't I still don't not convinced that it's not doable. I agree.

Okay. So, do I have a motion or more discussion? I'll make the mo I agree. I'll make the motion that we deny based on there is room to put that back there if Okay. There there's a motion on the table. Do I hear a second? Second. There's a second. All in favor say I. I. I. Any objection?

Motion carries. Ordinance has been uh variance has been denied. Next case. Case file number 2024-16-V. Open a public hearing to consider approval of the request of part two design applicant Dasis of St. Angelo. owner of the variance from section 14-11-1B B of the city of Odessa's only ordinance to allow fence to be built within a 7 foot height within the front yard setback instead of the required 4ft height within the front setback in a GR General Residence lot 13 block 19 Normandy Height Addition 608 East 18th Street.

Thank you Mr. Chairman and members. Um the applicant Mr. Gios and the owner um San Angelo Dasis are requesting a fence um are requesting are requesting to place a fence excuse me uh the purpose of the request is to obtain a variance to allow construction of a fence with a 7 foot height uh within the front yard setback instead of the 4 foot uh height 4 foot height uh within the front yard. Um now the in this location the front yard is um is indicated throughout the whole area because we do have a lot of uh streets going around this uh location. So all of those areas are considered the front. The applicant is requesting a fence height variance to allow the enhanced security, privacy and sight control for a property that functions as a community serving religious institution rather than a standard single family residence. The proposed 7- foot fence would replace an existing chain link fence and enclose the entire perimeter of the church site. The request is based on unique operational needs that do not typically apply to surrounding properties. Churches are are subject to greater public access, increased foot traffic, and frequent events, which necessitate more robust perimeter security that is not typically needed for residential lots. Uh strict enforcement of the 4oot height limit would prevent the church from adequately prop pro protecting its property while the option to set the fence further back to increase height is as allowed by ordinance would reduce functional outdoor space and disrupt the site layout. These conditions meet the definition of a hardship under the ordinance as they arise from the unique use and layout of the property and are not self-created nor common to other nearby lots. Approval of the variance would not negatively impact neighboring properties and the proposed improvement may actually enhance visual appeal and clarity of site boundaries. Staff does

caution that approval may establish a precedent for similar requests within within the vicinity. Those this specific use case presents compelling justification. City planning staff recommends approval of the request of the variance to allow 7 foot uh height fence within the front yard setback at 608 East 18 based on the unique institutional use of the property and the need for enhanced perimeter security subject to the following condition. The defense shall comply with the applicable building code requirements and obtain a permit from the city of Odessa building inspections department prior to construction. And I'm here for any questions. Any questions for city employees?

No. So, so when it says the front setback, but it's the entire perimeter. Yes. Does that open it to where in the future if they choose to do something the remaining perimeter is that that allow them to do the to continue on with what they're doing today? So, actually, I think that there is a clarification I need to make for the where the fence is going to be placed. It's going to be placed on the half um let's see in the area where the um field is. They have their field. It's not going to run through the front of the church or the side of the school that they have. It's just going to be towards the area where they have that playground. So just over where the chain link fence is at. Correct. Just replacing the chain link. That's my understanding.

What is the um average height of a school ECD school? um their average height uh usually is um for commercial would be 8 feet. However, because most schools are within the single family residentials, they are subject to the same four feet. Um there is instances where in the past uh predecessors have allowed them to be at a height without at the 7 foot height without um any type of presentation to zoning board of adjustment.

I I noticed with the fence the pictures they showed where it's going to say St. Mary's on it and be a solid section. Will that cause any visibility problems? No. Uh well uh the I have Mr. Rios who can explain better where that will go. Okay. Anybody Anybody else wants to speak? Any other questions for for staff? No. Okay. This moment we're going to open section of the meeting to the public. Anybody wants to speak for against uh the variance? Please step forward. Please state your name and address for the record. Good morning. Good morning. Good morning.

Anthony Rios, part two designs, 406 North Grant. The perimeter that we're trying to cover with the new fence, which is basically just solid columns with rod iron. They're 20 foot spans, is around the playground area only at the moment, which replaces the existing chain link fence that's there. The question John had about the the solid pieces, that's what we're planning to do on the 45s on the corners only where the fence turns to give the name of the school on each 45. Other than that, it's wide open, clear span. We're going for 7 foot tall safety of the kids coming in, coming out, whatever. It's just a safety issue on all of that. Gates will have push bars on it, so you can't just walk in. There'll be a few gates throughout. There's a rolling gate on the parking area, but we will surround the parking area with a separate fence.

So, is this correct? Will it have the stone columns or you just going to have stone columns? That's just a picture that they made up for so we could see kind of what it's going to look like. But it's just like that. But the span in between each column is 20 feet. Okay. So that's open rod iron fence. You can see from one end to the other clear across from one side to each side. So there's not any uh this is not up for debate as to like the material to where it's going to be solid panels. I think there was maybe a misunderstanding from the beginning that it was going to be solid panels, but it's not. It's all wide open rod iron. twoinch tube steel columns in between each stone column.

And and are they planning on uh installing a sidewalk as well outside of Yes, there is a future expansion on the sidewalk all the way around the perimeter of where the new fence is going. Is this a beginning of several phases of this or one? This would be phase one to protect the playground and then eventually start trying to fence in some of the other areas around there also around the front. Not along the face of the church or anything, but along the front where the kids go into the school building. Just some of that right there. And of course, we could do a different type fence there on the front.

Other questions? All right. Thank you. Anybody else want to seek speak for or against the variance? Please step forward. Nobody else. All right. We're going to close the section of the meeting to the public. Commissioners, I make a motion to accept. Excuse me. Can I just add something to my comments? Um, we did receive we did send out 32 37 notices, zero return, zero approvals. We did have one denial. Um it was I think the misunder misunderstanding has to be was has been clarified. They did indicate that they say no to the fence. However, it was just we received what?

It was what? We just received one. Yeah. One protest. Is this just a no to the fence? They say why? But didn't you also say that there was a misunderstanding that they thought it was going to be like a a solid cinder block fence or something? Yes. So there was some confusion on what the construction was going to be. Correct. There was a mis mis uh miscommunication of to as to what type of uh fence it was going to be. Uh some thought it was going to be a cinder block fence that would surround the area and correct and the similar compound look. But I agree. All right. Thank you.

Commissioners, I I don't personally I don't have a problem with the fence. My personal opinion, it's up to you all commissioners. The only thing I would be cautious about that if we were to approve the fence that in the future they cannot black out the the still. It it's it's always going to have to be uh the rod iron see-through. And the thing is, I mean, it is a safety for the children. I think it's a good idea. as long as we they don't go in and then at later time they cover the whole entire fence. But it's up to you.

I I agree. You know, that would be more pleasing. It would be welcoming. You know, you had a solid panel fence. You know, I know it's not our property, but just for the sake of the neighborhood, I'd hate to have an eyesore church, you know, creating a compound, you know, and and that neighborhood. I think it would be unfair to the neighbors and I'm for for the safety I think for the safety of the children. Do you have a question comment? And you can uh state a condition where you know that the fence remain uh visible or as is originally constructed uh to allow for visibility to the okay to the back.

Was there any screening requirements for education? Like you see some schools that have kind of like a mesh And I think that's to protect, you know, privacy. So I guess that'd be my only thing on like if there was any kind of requirement. I'm just not familiar with it. But I have seen some schools. Um Yeah. Well, could they always say the need they felt like the need arose for them to cover it, couldn't they come back to us? No. Yeah. Okay. You can always bring it back if there's uh any type of uh adjustment or modification to that. I I feel that we should make a motion. I make a motion to go ahead and accept it. I'll second.

Well, hold on. There's a motion to to um to go ahead and approve it with the condition that it will never be sealed up or if there was to be a modification for it to come back in front of us or in front of zone. Okay, there's a motion on the table. Do I hear a second? I'll second it. There's a second. All in favor? I. Any objection? Motion carries. And if we have no other cases, do I hear a motion to adjurnn? I'll make a motion. There's a motion to second. Second. Second. All in favor say I. I. I. Motion to adjurnn passes. Thank you.