Zoning Board of Adjustment - Regular Meeting

order uh invocation, Mr. Stra. Sure. Let's pray. Dear Lord, we just thank you for this day, Lord. We thank you for the sunshine. We thank you for the opportunity to gather. Lord, we just ask that you bless what we do here today. Um Lord, we ask that you give us the knowledge to make the right decisions. It's your name we pray. Amen. Amen. Amen. We stand for the pledge of allegiance. Pledge algiance 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 aliance to thee, Texas. One state under God, one and indivisible. [clears throat] All right, we have [snorts] consent items. Do we have a motion to approve the minutes from September the 3rd? I'll make a motion. Second. Here's a motion on the table. There's a second. Any discussion? No discussion. All in favor say I. I. Any objection? Same sign.

Motion carries. [snorts] Okay, this moment we're going to go with case file number 2025-18-V. Open the public hearing to consider approval of the request by Black Summit properties owner from a varian section 14-9-1 [snorts] of of the city of Odessa zoning ordinance to allow the use of the front angle parking in adjacent right of rightway to the used in parking calculations for site 916 Whitaker Avenue. [snorts] Thank you, Mr. Chair. Uh, the subject property is located at 916 Whitaker Avenue and is zoned multif family 1. Uh, the site is currently occupied by apartment buildings and is surrounded by retail development to the north and west and single family residential development to the east and south. The applicant, Blacks Summit Properties, is requesting a variance to allow the use of on street angled parking in the adjacent rideway to be used in parking calculations for the site. Under the current zoning regulations, the use of on- street parking cannot be used uh in the vehicle parking requirement calculation. This request seeks a variance from section 14-9-1 of the city of Odessa zoning ordinance. uh Black Summit Properties owner and the purpose of the request uh oh the purpose of the request is to obtain a variance to allow the use of on street angled parking in the adjacent rideway to be used in parking calculations for the site. Uh the applicant's request for inclusion of on street parking for a total of [snorts] 23 parking spaces would satisfy the vehicle parking requirement for this project. Uh the applicant is proposing to remodel the existing buildings for the use of multif family apartments. The request is based on on unique operational characteristics that are not typical of surrounding properties. Uh the intent of the proposal is to facilitate the enhancement and revitalization of a property that has remained vacant for several years. Uh 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 precedent for similar requests in the vicinity, though the specific use case presents compelling justification. I'm here for any questions. Did we send any uh cards out? We did. Yes. Uh, so 17 cards were sent out uh and then none were returned. No approvals were received. Uh, three denials were received.

Do you have the copies of the denials? Yes. Let me grab those right here for you. [snorts] Thank you. Do we have any questions for staff? Can we go Can we see the uh the pictures? Yes, sir. Go back to the that right there. Yeah. Do do we have any aerial photos of what it is? Uh this is what we've got right now. Okay. Okay.

That's probably going to be the best view of the parking spaces. So, let me see if the mouse will show up. What I'm trying to get to is what what are these? Are we in discussion? I'm sorry. share with the with with city. Okay. The areas that they want to convert to angle parking, what is it right now? Uh so right now it exists as angle parking. That's from what it was previously. It'll be along Ninth Street there and then along Whitaker. Uh they would be revitalizing that pavement. Um so they'd be replacing it. Um after they get a permit from our rightway department, of course. Uh [snorts] and then they will be reusing that. It was already used as such. So it's already a parking lot. Yes. Yes,

but for some reason it's not allowed anymore or so it because it's um excuse me mostly on city rightway. Uh we can't count it as off streetet parking currently. So we're just asking to be able to count it as toward their uh parking requirements. But it's already parking. Yes. So is it because was it grandfathered in to be to have it allowed before and has been shut down and now it's being redeveloped so we now have to comply?

Yes sir. Yes. So any property that is no longer in compliance with the code uh my assumption is this was built before the code was adopted. But anything that is uh loses its conformity with the code cannot be closed for more than six months or abandoned for more than six months uh before it loses its nonconformity. Uh this had been closed for over a decade. So we um we are no longer able to honor that it was uh grandfathered in. So I'm looking at this drawing. Yes sir. And then where the plaza I'm I'm calling it a plaza. Go back to Go back. No, go back to where we're at. Yeah, the one that we were just Oh, okay. Sorry. But I'm calling it a plaza. I don't know. It's just that it's like an old swimming pool.

Old swimming pool. Yeah. So, that's going to be a parking. Yes. So, they're adding parking there. Um and then they're also adding parking off of the alley. Um right here. Yeah. There's two buildings that are on kind of the the north west side. I don't think the [snorts] mouse pointer is going to let me point at it on the screen over there. There it is. I see your mouse. So, uh, well, it died. Okay, that's great. [laughter] It died. Technology does not like it this morning, I guess. Okay, so the bottom right corner. That's two buildings in the back. Yes. The brown one and then the smaller uh white roof building. Okay. So, the smaller white that's going to be parking. Yeah. And then what's going to be the other building?

Uh, they're all parking. So, I'll go back and I'll show you kind of on the u they so they have parking along the alley here where those two buildings were and then that plaza that looks like it used to be an old swimming pool or something that that would be parking here as well. So, they are adding parking to the development and then they're also using the parking along the street here. But then that second building in the back is going to be that right there. What is that? That's going to remain as part of multif family. So, there'll be five multif family buildings. So, it's houses or apartments? Yes, sir. How many people will be be able to stay in the Huh?

Um, so it looks like they're proposing 15 one-bedroom units and uh 10 twobedroom units in their calculation there. So 15 and how many parking spots do we have? Uh there looks like if we allow the variance then it would or if you guys allow the variance rather uh it would be 46 spaces that they would be able to count um which is the requirement that they need to have. So, is there any record as to um that the city may have as to what there may have been any parking issues? Was it was it sufficient for the for the number of units?

I I don't believe we have any records to suggest anything on that. We haven't checked back with police records though, I'll be honest. And the records that we do have going back are probably so what would the recommended parking area be for the number of units? Uh so we have the calculation on the this the screen right there. We require 1.75 spaces per onebedroom unit and two spaces per two-bedroom unit and they are meeting that requirement if we count this on street parking. So I mean it's more than enough. I mean, if if we have uh two cars per the two uh two bedrooms, that's 20 parkings. Uh

so what's the minimum requirement for this? I'm sorry. 46. And so they're just meeting the minimum then. Yes. Oh, okay. According to the plan, yes.

Any other questions? All right. Thank you. At this moment, we're going to open the section of the meeting to the public. If anybody wants to speak for or against the variance, please step forward. Good morning. Good morning. If you state your name and address for the record, please. Esther Marson, and I live on 802 Hudson. And Mrs. Johnson is the one that owned the fancy store in the front. She's a great friend of my mom. My late mom passed away, but they were Can you step forward? Oh, I'm sorry. Uh, they were great friends and she want to say no to that to the parking. You're speaking to her. Yes, sir.

Can I have your address, please? 802 Hudson. 802 Hudson. Yes, sir. She have a reason. You want to step on? Yeah. It was one at a time. Oh, I'm sorry. This is my first time doing this. Um, I'm sorry. Okay. Okay. We're going to use the Yeah. She needs to step forward, state her name and address for the record.

Hello. Hello. Yeah. I've been here. What is your name? My name Johnston. Johnston. Johnston.

Johnston. I've been here 19 198 98. I buy this my store. 11:15 1117 1119 I first time here I don't know this apartment mostly I before I I moving mostly travel apartment I already pick it up a pack I you know office 1117 11:15 hair salon 1119 I still have cross I west county road moving too much trap too much trap air condition take it up alley all people up 2014 buyer here too see either way I think 2015 somebody buy already you yeargo two months ago already stealing actually you know everything happened moving I don't know this say you never know now I don't know this people January he buy January by I don't know I never know Paul Say my pap never know still empty. I don't need a lane to give nobody myself you know too much trouble my house my son just I don't know my name how to

find out my house my name I need to talk can you call me I never know telephone though my PO box he find out 124. He wipe letter. Can you talk to me? Oh, this apartment me by I never know later. No telephone. My store every day I go check still nobody l I been in 1992 open up the real I business. [snorts] My leg bro look two time surgery level not very good but I thought 2021 I cross still I every day my check every day you know Ali I turn around somebody may maybe messed up have my somebody later here is wife later can you call me I don't know he want to Hi. Thank you. John telli, Miss Johnston, we have three minutes and your time has expired.

Okay. Thank you so much. Either way, we'll take your your concerns to consider. What kind of time? We'll consider your concerns. Thank you, ma'am. Okay. Thank you so much, Mr. [snorts] Anybody else wants to speak for or against the variance, please step forward. Good morning. Good morning. [clears throat]

Uh my name is Callie Marker. My husband Ed and I, we own Black Summit Properties. We purchased this apartment complex in April of 2025 with the hopes of bringing it back to life and offering the people of Odessa another housing option that's close to downtown. We've been working with Cornerstone Design, Maverick Engineering, and the city of Odessa to come up with a suitable parking plan. These apartments were built in 1962 and have been the only and original parking spaces made for the complex. These two sections of parking on both Whitaker Avenue and 9inth Street have been maintained by all previous owners for the use of tenant parking. We come to you today to ask that a variance be granted allowing the on street parking on Whitaker and 9inth Street to be counted towards our total number of spaces needed for the complex. Thank you for your time and consideration.

Can we ask you questions? Yes. So, um, is this going to be affordable housing? Is it is it I mean, are you any kind of hub hub? Uh, no. We plan on just marketing them as apartments close to downtown. Yes. Yeah. Fully renovated. Do you have a target audience who you're going to want to target for for these apartments? Um, not a target audience. Um, it is close to Odessa High School. It's also close to the hospital downtown. So, just living working people here in Odessa. [snorts]

I've got a question. Her biggest complaint is the flow of traffic. Okay. Is there anything that you're going to put in between your apartments and her property that could possibly control some of that? Um there's an existing cinder block fence that I believe is um either yeah 8t tall that completely separates our property from hers. Um I'm not sure if it was the previous owner to the apartment complex or if Miss Johnson installed it, but there's also a razor barb wire over the top of um the center block fence. So Okay. Anybody else? All right. Thank you.

Thank [snorts] you. Anybody else want to speak for or against the variance? Please step forward.

I'm short. Good morning. My name is Louis. I'm an architect. I work for Cornerstone Design Group [cough] this project. Just want to give you a couple more facts that um might help you make your decision and then also be available for questions if you have any. Um the two buildings that were demolished effectively reduce the capacity of the property. In addition to that, we're doubling the parking spaces as you can see on the site plan. we're adding there along the alley and um using that courtyard interior where the swimming pool was to provide additional parking and fire apparatus access that is essentially doubling the parking um that was there that was there previously. Um and then also to address the traffic concerns, we're changing the parking which is currently uh straight in right now to be angled with the flow of traffic so that it doesn't impede it. That's a city requirement that of course we're complying with. Um, so these are things that we're taking into consideration to minimize the impact and make it more uh, you know, easy for the traffic. So I'm open for questions if you'all have any other.

So what are you doing with the second building? They're they're all the same apartment building. They're two-story apartment buildings and they're all going to have identical floor plan. Okay. So we demolished those two um in in this picture in the uh northwest corner where you see the straight in parking off of the alley. There were two accessory buildings there that we demolished to make room for more parking. But um these are essentially just going to be renovated, refreshed, and used again as apartment buildings. We're not adding to the capacity of the of the dwelling units. Is there any kind of plan for security? Any kind of plan? Um I I know one of her concerns was uh theft or stuff. I mean, is there anything

I'm biased, but I would I would speak I would say speaking biasly, the best thing we can do to this property is renovate it and make it look good again. It's been abandoned, as they said, for over a decade. It's in very bad disrepair. Um, I would highly anticipate that once the property is occupied again and looks presentable, that that itself will be a deterrent to bad things happening around there. Do you know what they're going to go forward with the I do not. I'm sorry. I I'm just design plans. Yeah. I'm sorry. I don't know the price point. You go. [clears throat] So, I just I just want to just make sure I'm understanding this correctly. If you need to help me out here. Yes, sir.

So, the apartments when they were in service and they were being used over a decade ago, there was it seems to be there was not sufficient parking at that time. Correct. Correct. There was no parking on site. It was only off of the street and it is essentially half of what we're proposing now. Um and and it seems to be like there may that that that's the the established red community that's was affected from that time has a legitimate concern here and it seems to be that what you're doing is addressing that concern by providing the sufficient parking to allow for people to maintain on their property.

Yes sir. And in our variance request we are not requesting a deviation in the number of required spaces. We are meeting that. Okay. Any other questions? One more question. So, I I I don't know, maybe I'm I'm reaching too far on this, but I'm just there's another concern with the trash. So, what what's the plan of trash? I know the city's going through some changes there, so I'm not sure if the if that if y'all have had this discussion how that how's this going to be accommodated?

We have not. Um, Maverick Engineering is providing our civil engineering. Um, of course, right now we're just in very early master planning stages. This is about as far as we've gotten. Um, we'll work with city staff on where they want to see trash collection and if um screening and shielding of those dumpsters is required, of course, we'll provide that as always. Okay. Any other questions? Thank you, sir. Thank you very much. Anybody else want to speak speak for or against the variance? Please step forward. [clears throat] [snorts]

Good morning. I'm Chase Dunham with Maverick Engineering, 1909 West Ball Street. Um, I just want to reiterate and and clarify, make sure this is clear that we're not asking for a reduction of the number of spaces that would typically be required for a complex of this size. We're meeting the code and uh we're simply asking that the on street parking be counted as part of that. Um, typically in a new development, you would have all of your parking spaces on site in a parking lot, not off of the road like this. And so, the only thing we're asking for is that those spaces be counted toward our total so that we can meet the code requirement for spaces. And on the on the trash, as of this moment, we're not planning for any on-site uh garbage enclosures or anything. We do have access to an alley there, and we're planning for trash collection to be in that alley, and we'll work with city staff to make sure that's fully coordinated. And I'm available for any questions. You have any questions?

Thank you, sir. Thank you. Anybody else want to speak for against the variance? Please step forward. Can you step forward, please? Please state your name and address for the record, please.

Uh, Adriana Tango. And I actually work very close to this address and I'm friend of Miss Johnson. So, one of her main concerns is she does not want so much traffic around her store for theft and stuff like that. But we had came last week, two weeks ago, and they had mentioned that they were going to maybe purchase or pave that alleyway and they were going to remove the dumpsters and contribute that to the parking. So, that was also my question. So, where are the dumpsters going to be at? Cuz her building is right next to that alley. And maybe I don't know if they're going to start throwing trash towards her parking lot because the way it's divided it's right next to the building. So just to see where are they going to put the trash cans at. You know that. And they only want to use the parking on Whitaker 9th only. They're not trying to use that alley as a parking.

No, not the alley as a parking. No. Okay. Can we show Can you show the image of what she's talking so I can follow follow what she's trying to Okay. Do you have a laser? No. But I thought it button doesn't actually do anything. Right there.

Okay. So, on the top corner where you can see that white cinder block, that little parking lot, that's hers. So, where you can see the apartments, um it's kind of hard to see the alley. Uh the lady in the front and it's she was just probably guessing, but she thinks that they're going to pave that alleyway. And I just want to make sure for Miss Johnson, if they do um allow this variance, they're only asking for that top corner of Whitaker and only Ninth. They're not going to touch that alley or anything close to her. Yes, right there. Anything close to there or the alley because if they pave that alley and they're going to park diagonally, where are the dumpsters going to go? They're not They're not cut. And if they're not going to move those, okay, without using the alley for parking,

you cannot you cannot use the alley for parking. That's a cold violation. You get sighted. you get told. Okay. I was just wondering because she had mentioned that they were might pave it that the city was going to they were going to pay the city or I don't know how that was going to work but I just want to make sure that they were not going to touch her parking lot or I guess be or she was not going to have issues like overflow parking like I don't know how many you uh parking spots are required for each unit. Let's say they're allotted one or two per unit. What if there's overflow and they start parking in her lot? They're like, "Oh, well the store's closed. Can we just park here?" like what is going to be the rules on it?

Just like any other apartment complex, uh you parked on on a commercial uh that's not belonged to you, you could have it towed. You could uh you get a citation. I mean it's just not we're not going to go down that route right now. Okay. Because I mean it's not for us to say. But again, if somebody parks in my drawway, I have the right to call a tow truck and get it towed. Okay. Yeah. I was just wondering I want to make sure it was just Whitaker night then not the alleyway because I was like if they start parking there, where's the trash going to go? Maybe they're going to start putting stuff over there on her site. But no, that was just my question. All right. Thank you. Thank you. All right. Can we have somebody from Maverick Engineer up again?

Leave leave that uh go back to where you're at. So obviously the concern is trash and looking at this uh it is my concern as well. Where would you anticipate putting the dumpsters and how many dumpsters do you anticipate putting because I mean it's pretty big complex. So,

uh it is um so definitely the trash collection is going to be in the alley just like it has been u for many years. Um, we'll do some I don't know off the top of my head the exact number of dumpsters that's going to require, but it's a pretty simple calculation we can do uh based on the occupancy to figure out um how many dumpsters we're going to need to put in that alley. Okay. where you spread them all throughout the comp like we just put them in one corner because you just have uh parking in one corner and then

Yeah. Like example, so I'd send my child to throw the trash and we live on closer to 10th Street. Are they going to have to walk all across the complex to throw the trash or are you going to put some trash on that side as well? I believe that's ultimately up to the city since it's in uh the city's right of way and they're responsible for trash collection ultimately. So I I don't have any control over where they put the dumpsters, but they'll be in the alley just like we are. And you have ample space to put trash bins in the alley. Plenty. Yes. [cough] [clears throat]

Okay. Any other questions? And I'm I'm I'm probably beating beating a dead horse here, but is it possible that the trash cans be can be placed over there off of Whitaker. I don't know if this is a city question. That might be a good question for the city. I mean, I do see that we have some room there on the southwest corner that we could definitely put you want to beautify or put the the trash in the front. Yeah, of course. If we if we did That's what we're doing in neighborhoods already. of of course if we put roll outs they're roll outs and you roll them out from your garage and put them in but here

but I don't see accessibility for a large bulk uh trash can it's going to be the smaller ones and they're changing they're they're changing them you know I don't know if they're going to maintain that same style for the for the apartments yeah these won't be rollouts excuse me I'll try to help Thank you city uh they will be the the standard trash cans and they'll be placed in the alley Of course, they can't be placed where they're accessing their new parking, so it'll have to be further south. I believe the

I was trying to look at the aerial a little bit. It looks like the trash cans are now on the opposite side of the alley, so they probably will remain there. So, in your opinion, there is plenty of room for it's already there. Yeah, but but we don't have a a community complex there. We only have one, two, three, four houses. Yeah, I'm sure we'll need to add some res. But in your opinion, there's plenty of space. They have given you plenty of space so we could put plenty of dumpsters. I believe that additional dumpsters if needed. There will be additional needed and we'll place those.

All right. any issue with the angle parking from the city's perspective? Um, it's existing parking. It's not referred, but if y'all approve it, it'll it'll supply what they need. Yeah, I like I prefer angled over 90°. Sure. That's your question. It's less obstruction getting in and out from the street. Okay. All right. Thank you. Sure. Anybody that want to speak for or against the variance, please step forward.

All right. We're going to close this section of the of the meeting from the public. Uh commissioners, your thoughts, ideas. Go. Can we go back to the aerial aerial? Okay. Just for the record of commissioners. Okay. on 10th going west. Go west right there. That's street parking. That is street parking. Um on Whitaker and Ninth Street. There was already existing street parking. This building has been abandoned. How long do you know? Roughly 10 years.

Roughly 10 years. Been abandoned for over 10 years. Uh I mean considering the cost of these buildings uh the variance is not something in my personal opinion it's not something out of the ordinary they're asking they're actually even considering more parking because I mean I drive there almost every week. It's something it's a source sore eye for the city that we represent. I think that there's something if there's somebody here that's trying to beautify it and it's not going to be just, you know, man camps, per se, right?

And that's what I get that it's not going to be a man camp. I don't see it being a problem because the parkings were already there. They're angle parkings. Um, there's going to be enough. Sorry, you making a motion? No, I'm I'm just putting it out. Putting it out there. Go back to the

to the there. There's plenty. They knocked the building [snorts] down. There's going to be I mean, we're meeting all this the requirements. Yes, it's an ordinance. This is considered a hardship for something better in Odessa. I personally don't have a problem. But your thoughts? I'm I'm I I appreciate that, Herardo, and I'm I just I just want to make sure that the if there's any way we can just put it to where there is, you know, I wish there was a way we could put it to where they would maintain more than the minimum parking, you know, I don't know if there's any way to do that space,

you know, uh considering it's landlocked, but it seems like there is an effort to provide additional locking to what they had in the past. And in the past, there was a problem. So that created a sentiment, but right now it seems like maybe [snorts] what what they're doing now would be sufficient to not allow that to be a reoccurring event. Right now they're what they're doing right now, they are meeting the standards of the requirements. Is that we can't set a precedent and say well on this what if this on this one just because in the past we want you to put more. So right now they're meeting the what is required

and and that Yeah. I'm just looking for that warm fuzzy feeling that where we have more than enough. Yeah. And I get it. I mean I get it. I don't think there's there's plenty there's always there's not always plenty of parking. But what we're here to do is to uh for the ordinance and they are meeting the requirement parking lots. We cannot just say just because we're ZBA, we're like well we need 20 additional parking spots. Right. Okay. So they're they're and they're tearing down tearing down buildings to do that to do that. So they're already doing that to meet. Yep. I'd like to make a motion that we approve the variance. I second that motion. Hold on, Mr. [laughter] Chair. Before Hold on, hold on, hold on, hold on, hold on, hold on. Calm down. [laughter]

Uh so I apologize. Um so during my presentation I did uh neglect to read uh recommended conditions from staff um that the vehicle parking spaces shall comply with 14-9-12C of the city of Odessa zoning ordinance which I believe would be um those minimums that we set forth. Uh I have to and then um that the development shall comply with all applicable building code requirements and obtain a permit from the the city. So can I ask you a question? So on on tra uh on [snorts] trash, is there a uh ordinance or a requirement that they have to fence in the dumpsters? I don't think. No, there's not.

It's in the alley in the alleyway.

So it's not going to be like an apartment complex where you drive into the Mr. Tucker, can you step forward, please? So in other complexes that it is covered that there is there a gate. Why is that?

That's at the apartment's um discretion. We don't that's not a city requirement. A lot of times they'll build enclosures to kind of uh contain trash that spills out. Uh we don't allow them to be gated. Some some want them gated. We don't allow that because our drivers don't get in and out of the truck. We have to have access to those dumpsters. But it's uh it's at their discretion. It's not a city requirement. But but but is that because those dumpsters in those cases are located on their property? Because they're on their property. So you're they can't put anything around the the dumpsters that are in the alley. They can't

city property. Yeah, they cannot. I mean the alleys, the dumpsters in the alley, we may move them 10 feet if we if we need to. So we don't want those enclosed. Okay. [snorts] All right. Thank you, sir. Thank you, Tim. Okay. So, there's uh a motion on the floor. Yeah. And then there's a second for Priscilla. Any discussion? All in favor say I. I. Any objection? Motion carries. And if we have no other business, do I have have a motion to adjurnn?

Motion to adjurnn. There's a motion to adjurnn. And there's second. All in favor? I I. Any objection? No. You want to discuss it? Motion carries.