[I. OPENING ITEMS]
[00:00:08]
GOING TO CALL THIS MEETING TO ORDER. KIRK, WILL YOU LEAD US? SURE. DEAR LORD, WE JUST THANK YOU FOR THE DAY. AND THANK YOU FOR THE BEAUTIFUL WEATHER THAT YOU'VE BLESSED US WITH, LORD, AND THIS COMMUNITY. AND WE ASK THAT YOU BE WITH US THIS MORNING AS WE HEAR THESE CASES, LORD, THAT YOU JUST GIVE US THE WISDOM TO MAKE THE RIGHT DECISIONS. IT'S IN YOUR NAME WE PRAY. AMEN, AMEN, AMEN. WE STAND FOR THE PLEDGE. 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. THE TEXAS ONE STATE UNDER GOD, INDIVISIBLE. ARE YOU GOING TO GO WITH CONSENT ITEMS? DO WE HAVE A MOTION? FOR THE.
[II. CONSENT ITEMS]
DECEMBER 17TH, 20 DECEMBER 17TH, 2025. MEETINGS. I'LL MAKE A MOTION TO APPROVE THE MINUTES.THERE'S A MOTION BY JOHN. SECOND, SECOND BY KIRK. ALL IN FAVOR? AYE. ANY OBJECTION?
[III. PUBLIC HEARING]
MOTION CARRIES. ALL RIGHT. WE'RE GOING TO GO WITH FIRST CASE FILE NUMBER 2020 6-03-V.OPEN PUBLIC HEARING TO CONSIDER THE APPROVAL OF THE REQUEST BY ZUZUK HENG LIN, OWNER OF THE VARIANCE FROM SECTION 14 DASH SEVEN DASH 13 D OF THE CITY OF ODESSA ZONING ORDINANCE TO ALLOW AN ACCESSORY BUILDING TO BE BUILT WITH A ZERO FOOT REAR YARD SETBACK, INSTEAD OF THE REQUIRED TEN FOOT SETBACK IN AN SPD SPECIAL DWELLING DISTRICT. 1701 BALLPARK DRIVE. THANK YOU, MR. CHAIR. 18 NOTICES WERE SENT OUT. WE DID GET ONE APPROVAL AND THEN ONE PROTEST. DO YOU HAVE THOSE? YOU START THAT. THANK YOU. GO AHEAD. MR. CHAIR. THE PROPERTY INVOLVED IN THIS REQUEST IS LOCATED AT 1701 BALLPARK DRIVE. THIS SITE IS CURRENTLY ZONED SPECIAL DWELLING DISTRICT AND IS OCCUPIED BY A SINGLE FAMILY RESIDENCE. THE PROPERTY IS SURROUNDED BY NEW SINGLE FAMILY RESIDENTIAL DEVELOPMENT AND NEW CONSTRUCTION TO THE EAST, WEST AND SOUTH AND VACANT LAND TO THE NORTH. THE OWNER AND APPLICANT IS LIN YU ZHANG, AND THE PURPOSE OF THIS REQUEST IS TO SEEK THE APPROVAL OF A VARIANCE TO ALLOW THE CONSTRUCTION OF A TWO 20.5FT■!S COVERED PERGOLA AND A 189 SQUARE FOOT SHED WITH A ZERO FOOT REAR YARD SETBACK, INSTEAD OF THE TEN FOOT REQUIRED RAYA SETBACK IN DESERT RIDGE SECOND FOLLOWING PHASE EIGHT, THE APPLICANT IS REQUESTING THIS VARIANCE TO IMPROVE SAFETY IN THEIR BACKYARD AS THERE IS A HIGH VOLTAGE POWER LINE LOCATED DIRECTLY BEHIND THEIR REAR BOUNDARY LINE. STAFF FINDS THERE ARE NO SPECIAL CONDITIONS ASSOCIATED WITH THIS PROPERTY THAT DO NOT EXIST FOR OTHERS IN THE AREA, AND ENFORCEMENT OF THE ORDINANCE WILL NOT CREATE ANY HARDSHIP FOR THE APPLICANT. THE REQUEST TO REDUCE THE RAYA SETBACK TO ZERO FEET WILL ALSO CREATE A PRECEDENCE FOR THE SURROUNDING PROPERTIES TO FOLLOW. BASED ON THE ANALYSIS OF THIS REQUEST, STAFF RECOMMENDS DENIAL. HOWEVER, SHOW THE BOARD CHOOSE TO APPROVE THIS REQUEST. THE PLANNING STAFF WOULD RECOMMEND ADOPTION WITH THE FOLLOWING CONDITIONS AS SHOWN ON THE SCREEN. AND I'M HERE IF YOU HAVE ANY QUESTIONS. THANK YOU, THANK YOU. DID THEY PRESENT A HARDSHIP? YES. AND SO THEY DID SAY THAT THERE IS A HIGH VOLTAGE POWER LINE BEHIND THE REAR BOUNDARY OF THEIR PROPERTY. AND SO THEY WANT TO CONSTRUCT A SHADE AND THEN A PERGOLA AS A FORM OF, YOU KNOW, PROTECTION. AND THEY DID ALSO MENTION IN THEIR APPLICATION LETTER THAT THEY WOULD ALSO WANT TO PROVIDE SAFETY FOR THEIR CHILDREN TO BE
[00:05:01]
ABLE TO UTILIZE THEIR BACKYARD. DO YOU HAVE THAT, THAT LETTER, THE HARDSHIP LETTER YOU SHARE WITH US? I DON'T KNOW THAT THEY HAVE. YET.SO. DO WE HAVE ANY QUESTIONS FOR STAFF? SO WHAT IS THIS BEHIND THE HOUSE? IS THIS GOING TO BE AN ALLEY OR IS THIS GOING TO BE A DRAINAGE EASEMENT? DO WE KNOW? SO THE PLAN FOR THIS AREA BEHIND THE HOUSE WILL BE FOR A DRAINAGE EASEMENT. I WOULD HAVE BEEN WORTH 61ST STREET WOULD GO, BUT THAT IS NOT GOING TO BE BUILT. OKAY. ARE THOSE SEWER LINES THAT I SEE THAT ARE STUBBED UP THERE? IS THAT WHAT THAT IS? LOOKS LIKE A YES. YEAH. DOES ANYBODY ELSE HAVE ANY QUESTIONS FOR STAFF? YEAH. THANK YOU. SO IF THERE'S NO MORE QUESTIONS FOR STAFF, WE'LL OPEN THIS SECTION OF THE MEETING TO THE PUBLIC. IF ANYBODY WANTS TO SPEAK FOR OR AGAINST THIS VARIANT, PLEASE STEP FORWARD. STATE YOUR NAME FOR THE RECORD. ANYBODY WANTS TO SPEAK FOR IT OR AGAINST. TIM. IS THERE ANYBODY HERE? DO THEY WANT TO SPEAK FOR IT OR AGAINST IT OR. SO LIKE, PLEASE STEP FORWARD TO PLEASE STEP TO THE. SO PLEASE STATE YOUR NAME FOR THE RECORD, PLEASE. MY NAME IS JIMMY AND I'M HERE FOR MY DAD AND MY UNCLES, OBVIOUSLY. SO FOR US, JUST LIKE LAST NAME JIMMY. WHAT'S YOUR LAST NAME? LYNN. LYNN. OKAY, SO LIKE WHAT SHE WAS SAYING EARLIER IS THAT WE WERE AFRAID THAT THE HIGH POWER VOLTAGE LINE IN THE BACK, YOU KNOW, ANYTHING CAN HAPPEN WITH MOTHER NATURE. AND SO THAT'S WHY WE THINK THAT BUILDING, I GUESS, LIKE A STRUCTURE IN THE BACK CAN HELP ALLEVIATE IT. LET'S SAY A POWER LINE FALLS OR SOMETHING, AND WE HAVE KIDS IN THE BACK. THAT'S THE MAIN PURPOSE OF IT. AND ALSO, IF WE BUILD IT TOO CLOSE TO THE BACK, IT KIND OF TAKES AWAY FROM, I GUESS, THE USE OF OUR BACKYARD. SO THAT'S WHY WE WANTED TO BE ABLE TO BUILD CLOSER TO, TO THE BACK OF THE, I GUESS THE BACK OF THE FENCE. THAT'S, THAT'S PRETTY MUCH WHAT WE'RE THINKING. ALL RIGHT.
THANK YOU, THANK YOU. ANYBODY ELSE WILL SPEAK FOR OR AGAINST THE VARIANCE. OKAY. IF THERE'S NOBODY ELSE, WE'RE GOING TO CLOSE THE SECTION OF THE MEETING. COMMISSIONERS. WHY IS THERE THE SETBACK THAT IT HAS BEING TEN FOOT. IS THAT JUST BECAUSE OF THE YOU'RE THE ENGINEER? IS THAT JUST BECAUSE OF THE POWER LINES THAT THEY WOULD HAVE. I THINK THIS SUBDIVISION THAT'S STANDARD, PRETTY TYPICAL SETBACK THAT IT COMES INTO THEIR YARD THAT WAY.
THE SETBACK. YEAH. TEN FOOT REAR. I THINK THAT'S PRETTY TYPICAL FOR THIS TYPE OF DEVELOPMENT. YEAH. MR. CHAIR, AS WE THEN MENTIONED IN THE DETAIL OF THE REQUEST, THIS AREA IS ZONED SPECIAL DWELLING DISTRICT. AND SO THERE IS A SITE PLAN THAT GOVERNS THIS AREA AND TO ALL CONSTRUCTIONS NEED TO ABIDE WITH THIS SETBACK. AND SO I DO HAVE A COPY OF THE SETBACK, THE SITE PLAN FOR THIS AREA. AND SO THEY ARE SUPPOSED TO HAVE 20FT FRONT YARD, FIVE FOOT SIDE YARD. AND THEN IF IT'S ON A SIDE STREET, IT'S GOING TO BE TEN FEET. AND THEN THE REAR YARD SETBACK, IT'S GOING TO BE TEN FEET FOR THIS AREA. IT'S JUST BECAUSE IT'S A SPECIAL DWELLING DISTRICT. AND THIS IS THE SITE PLAN THAT WAS APPROVED FOR THIS AREA. OKAY.
CAN I HAVE A QUESTION? SURE, SURE. GO AHEAD. SO JUST FOR THE CONVENIENCE OF THE PUBLIC, IS THERE CAN YOU GO INTO FURTHER EXPLANATION AS TO WHY THERE'S A TEN FOOT SETBACK FROM THE REAR? OKAY. WHENEVER A PROPERTY OR A SUBDIVISION IS ZONED SPECIAL DWELLING DISTRICT, THEY HAVE TO PROVIDE A SITE PLAN. IN THIS CASE, THE DEVELOPER PROVIDED INDICATED THAT THEY WANTED THAT TEN YARD SETBACK. AND SO THEY CREATED THAT SITE PLAN INDICATING SPECIFICALLY THAT THE THAT THEY SHOULD REGARD THAT TEN FEET IN THE REAR. IN SP-D, THEY CAN GO AHEAD AND
[00:10:06]
THEY CAN INDICATE THROUGH THE SITE PLAN WHAT THEIR REAR PROPERTY SETBACK, WHICH SHOULD BE OR COULD BE. AND SO WHEN THEY BRING IN THEIR SITE PLAN, THAT'S WHY WE PRESENT IT FOR APPROVAL. WE INDICATE IT INDICATES HERE WHAT THE FRONT YARD SHOULD BE, WHAT THE REAR REAR YARD SHOULD BE, AND WHAT THE SIDE SETBACKS ARE. THAT'S MY QUESTION WITH ZERO SETBACK.SO IT'S NOT ATTACHED TO THE DWELLING. CORRECT. IT'S NOT ATTACHED TO THE DWELLING. THERE IS A REQUIREMENT OF SIX FEET SEPARATION FOR ANY STRUCTURE THAT IS BUILT IN THE REAR YARD.
AND IT HAS TO BE SIX FEET SEPARATION FROM THE MAIN RESIDENCE. SO IF THEY DID AN ADDITION TO THE HOME, LIKE LET'S SAY A PATIO OR A COVER AND ATTACHED IT TO THE HOME, IS THAT POSSIBLE WITHOUT GOING THROUGH US? THEY CAN DO THAT AS LONG AS THEY MEET THE REQUIREMENTS OF THE SITE PLAN. OKAY. AND DOES THAT SITE PLAN ALLOW THEM TO ADD A PATIO? YES.
SO I MEAN, I KNOW THE ANSWER, BUT JUST FOR THE RECORD. SO IF WE WERE TO ALLOW THIS, I MEAN, THEN EVERYBODY WOULD HAVE TO COME IN AND GET A VARIANCE TO DO THE SAME THING. CORRECT. SO THE WHOLE ENTIRE NEIGHBORHOOD. YES. SO WE'LL BE SETTING THE PRESIDENTS. YES. THEY ARE SETTING THE PRESIDENT'S. HOWEVER, IF THERE IS ANOTHER OPTION, WHICH IS THE AMENDING THE SITE PLAN AND WHO WOULD DO THAT. THEY WOULD HAVE TO SUBMIT. IT WOULD BE THROUGH THE OWNERS OF THE PROPERTY. THEY WOULD HAVE TO COME TOGETHER. CORRECT. THEY COULD DO AN INDIVIDUAL.
OKAY. SO THEY CAN DO IT ON INDIVIDUAL LOTS TO AMEND THE SITE, PLAN FOR THAT LOCATION FOR THAT AREA. QUICK QUESTION. DO WE NOT I MEAN, WE'RE SETTING A PRECEDENT AND WORKING BACKWARDS BECAUSE THE WHOLE INTENTION OF THE INITIAL SUBDIVISION BY THE DEVELOPER WAS REQUIRED, SINCE HE DID GET SPD ZONING, IS TO SUBMIT AND APPROVE A SITE PLAN THAT WILL GOVERN THE BUILD OUT OF THAT WHOLE SUBDIVISION. RIGHT? CORRECT. AND THEN IF WE GO BACK AND SAY, OKAY, NOW WE'RE GOING TO START GRANTING A VARIANCE TO EACH INDIVIDUAL LOT, THEN WHY ARE WE GOING TO DO THE FIRST PART OF IT AND, AND ALLOW A ZERO SETBACK LINE? SHOULDN'T THAT HAVE BEEN ESTABLISHED IN THE BEGINNING TO SAY, YOU KNOW WHAT, WE GOT A 15 SIDE TEN SIDE 20 FRONT ZERO SETBACK ON THE REAR. AND THEN NOW IF WE COME BACK AND SAY, HEY, WE'RE GOING TO GRANT THIS VARIANCE AND WE'RE GOING TO SET THE PRESIDENT'S, THEN SHOULDN'T THAT WHOLE DEVELOPMENT NEED TO BE REZONED BACK TO SOMETHING ELSE TO CHANGE THAT INSTEAD OF DOING EACH INDIVIDUAL LOT? BECAUSE THEN WE'RE WORKING BACKWARDS AND WE'RE WORKING DOUBLE TIME? THAT IS CORRECT. HOWEVER, IF THE REZONE IS NOT REALLY UP TO US, IT HAS TO BE A REQUEST. THAT'S WHY WE'RE PRESENTING IT TO THE ZONING BOARD OF ADJUSTMENT, BECAUSE WE DID RECOMMEND A DENIAL FOR THIS. RIGHT? IN. YOU'RE CORRECT. THEY ARE SETTING THE PRECEDENCE FOR OTHERS TO DO THE SAME. HOWEVER, IT IS OUR DUTY AS THE PLANNING DEPARTMENT TO GO AHEAD AND PRESENT IT TO YOU. RIGHT? RIGHT. AND AS THE DEVELOPER THOUGH, YOU KNOW, HE AGREED, HEY, THIS AREA IS GOING TO BE SET A CERTAIN WAY AND THAT'S HOW IT WAS PLANNED OUT. SO JUST AS THE BOARD HERE, WE GO BACK AND SAY, HEY, OH YEAH, LET'S LET EVERYBODY START CHANGING EVERYTHING. THEN WE DEFINITELY ARE SETTING THAT PRECEDENCE. YEAH, WE'RE SETTING PRECEDENTS.
BUT YOU KNOW, THERE'S ALSO THE VALIDITY OF THE HARDSHIP IS I MEAN, Z B A IS FOR HARDSHIP.
AND I MEAN, DO THEY SET A HARDSHIP? IS THERE A HARDSHIP? WHY IS REQUIRED TO DO THE ZERO SETBACK. THAT'S SOMETHING FOR US TO DO. AND AND AGAIN, I MEAN WE DON'T WANT TO SET A PRECEDENCE UNLESS, I MEAN, THERE'S ACTUAL ACTUAL HARDSHIP. AND THAT'S FOR US TO DECIDE TODAY. SO ON THAT, MY OPINION ON THE HARDSHIP IS THAT THAT POWER LINE, YES, IT'S OUTSIDE, IT'S IN THAT RIGHT OF WAY. IT'S IN THAT EASEMENT. IF THAT POWER LINE DECIDES TO FALL, YOU KNOW, YOU PUT A STRUCTURE THERE, THAT STRUCTURE IS GOING TO CATCH FIRE, YOU'RE GOING TO DAMAGE ALL OF THAT. YOU KNOW, YOU'RE, YOU'RE, YOU'RE SETTING IT CLOSER TO THE HOUSE TO WHERE, YOU KNOW, THERE'S SETBACKS, EVEN FOR FIRE STUFF THAT, HEY, NOW YOU'RE GOING TO CATCH THE HOUSE ON FIRE, YOU'RE GOING TO CATCH THE BLOCK ON FIRE. YOU KNOW, IF THERE'S NOTHING THERE IN THAT POWER LINE FALLS. YES, YOU RUN THE RISK OF SOMEBODY MIGHT BE OUT THERE, BUT HOPEFULLY THEY'LL GET OUT OF THE WAY AND NOT GET INJURED. RIGHT. BUT YOU'RE NOT GOING TO SET A STRUCTURE ON FIRE IN THE SHED, ON FIRE, OR WHATEVER YOU HAVE INSIDE THAT, YOU KNOW, FOR PROPERTY DAMAGE. BUT THAT'S JUST MY OPINION. AND I'M, I'M ALL ALONG WITH, WITH TITO HERE IS LIKE, FOR THE SAKE OF, YOU KNOW, THE SPIRIT OF ZONING AND ORDINANCES TO COMPLY HERE. I SEE THAT MORE REASON TO TO DENY. BUT IN THIS CASE, THIS IS A THIS IS A RECENTLY DEVELOPED AREA. AND THIS IS NOTHING NEW. THIS ISN'T ANYTHING OUT OF THE ORDINARY. WE'VE BEEN SEEING
[00:15:06]
CASES IN CASE AFTER CASE TO WHERE IT WAS CONFINED SPACE. YEAH. AND THERE WAS DESIRES FOR DEVELOPMENT FOR WHATEVER REASON. AND WE RUN INTO THESE SITUATIONS AND SO IS MY QUESTION IS WHY ARE WE STILL CONTINUING THE SAME PATTERN OF ALLOWING ESTABLISHING SETBACKS WHEN THERE'S NOT A REAL NEED TO HAVE? WELL, I MEAN, AGAIN, THAT'S SOMETHING ELSE THAT WOULD THAT IS NOT DISCUSSED UNDER Z B A. THAT'S SOMETHING ELSE THAT THE DEVELOPER HAS TO GO THROUGH OTHER CHANNELS, NOT THROUGH ZBA THE QUESTION HERE IS, IS THERE A HARDSHIP FOR THE ORDINANCE OR NOT? I MEAN, THAT'S WHAT WE'RE HERE TO DECIDE TODAY. SEE, I WILL ALLOW THE STRUCTURE TO BE BUILT OR NOT. CAN YOU PUT THIS UP WHERE I CAN SEE IT HERE. THIS ONE HERE. WHAT IS THE WHITE LINE THAT RUNS THROUGH THE BACK OF THOSE LOTS? BECAUSE IF YOU LOOK AT IT AND YOU FOLLOW IT ALONG, IT LOOKS LIKE IT'S SOME KIND OF A SETBACK BECAUSE THE OTHER HOMES THAT ARE SHOWN, WHICH WOULD BE TO THE EAST OF THIS, ARE NOT BUILT BEYOND THAT. WHAT IS THAT SETBACK? IS THAT A SETBACK? IS THAT THE SETBACK? MAYBE IT'S MISPLACED. I DON'T KNOW, MAYBE IT DOESN'T NEED THAT, BUT IT SEEMS LIKE IT DOES. BECAUSE IF YOU LOOK AT THE HOMES THAT THEY'RE DOING THE FOOTINGS ON ALREADY, THEY'RE ALL BACK BEHIND THAT LINE. DO Y'ALL HAVE THE PLAT OF THIS SUBDIVISION THAT WE CAN LOOK AT? YES. RIGHT THERE. SO THAT DOESN'T EXIST ON THAT PLAT JUST ON THE PAPER. WELL THIS IS THE SITE PLAN. IT'S PROBABLY SOMETHING TO DO WITH GIS. IT HAS NOTHING TO DO BECAUSE WHAT YOU'RE SEEING IS OUR OUR AERIAL AND YOU'RE 100% CORRECT. WHAT WE USUALLY REFER TO IS THE PLAT AND THE SITE PLAN. YEAH.COMMISSIONERS, DO WE HAVE A MOTION? I WOULD MAKE THE MOTION THAT WE DENY THE REQUEST.
THERE'S A MOTION ON THE TABLE TO DENY. IS THERE A SECOND? I'LL SECOND THERE'S A SECOND DISCUSSION. ALL IN FAVOR, SAY AYE. AYE. ANY OBJECTION? SAME SIGN. MOTION CARRIES. MOVE ON TO CASE FILE NUMBER 2020 6-04-V. OPEN PUBLIC. PUBLIC HEARING. TO CONSIDER THE APPROVAL OF THE REQUEST BY ZHENG LIN, OWNER FOR A VARIANCE FROM SECTION 14 DASH SEVEN DASH 13 D OF THE CITY OF ODESSA. ZONING ORDINANCE TO ALLOW AN ACCESSORY BUILDING TO BE BUILT WITH ZERO REAR YARD SETBACK, INSTEAD OF THE REQUIRED TEN FOOT SETBACK IN THE SPD SPECIAL DWELLING DISTRICT. 1719 BALL PARK DRIVE. THANK YOU, MR. CHAIR. WE DID SEND NOTICES OUT. WE DID GET ONE PROTEST, BUT THERE WAS NO COMMENT ON IT. WOULD YOU LIKE TO SEE THAT? GO AHEAD AND PASS IT ON FOR THE RECORD. THANK YOU. THANK YOU, MR. CHAIR. THE PROPERTY INVOLVED IN THIS REQUEST IS LOCATED AT 1719 BALLPARK DRIVE. THIS SITE IS CURRENTLY ZONED SPECIAL DWELLING DISTRICT AND IS OCCUPIED BY A SINGLE FAMILY RESIDENCE. THE PROPERTY IS SURROUNDED BY NEW SINGLE FAMILY RESIDENTIAL DEVELOPMENT AND NEW CONSTRUCTION TO THE EAST, WEST AND SOUTH AND VACANT LAND TO THE NORTH. THE OWNER AND APPLICANT IS ZHENG LANE, AND THE PURPOSE OF THIS REQUEST IS TO SEEK THE APPROVAL OF A VARIANCE TO ALLOW THE CONSTRUCTION OF A ONE 92 SQUARE FOOT SHED WITH A ZERO FOOT SETBACK, INSTEAD OF THE TEN FOOT REQUIRED REAR YARD SETBACK IN DESERT RIDGE. SECOND FILING PHASE EIGHT. THE APPLICANT IS REQUESTING THIS VARIANCE TO IMPROVE SAFETY IN THEIR BACKYARD AS THERE IS A HIGH VOLTAGE POWER LINE LOCATED DIRECTLY BEHIND THEIR REAR BOUNDARY LINE. STAFF FINDS THERE ARE NO SPECIAL CONDITIONS ASSOCIATED WITH THIS PROPERTY THAT DO NOT EXIST FOR OTHERS IN THE AREA, AND ENFORCEMENT OF THE ORDINANCE WILL NOT CREATE ANY HARDSHIP FOR THE APPLICANT.
THE REQUEST TO REDUCE THE SETBACK TO ZERO FEET WILL ALSO CREATE A PRECEDENCE FOR THE SURROUNDING PROPERTIES TO FOLLOW. BASED ON THE ANALYSIS OF THIS REQUEST, STAFF RECOMMENDS DENIAL. HOWEVER, SHOULD THE BOARD CHOOSE TO APPROVE THIS REQUEST, THE PLANNING STAFF WOULD RECOMMEND ADOPTION WITH THE FOLLOWING CONDITIONS AS SHOWN ON THE SCREEN. AND I'M HERE IF YOU HAVE ANY FURTHER QUESTIONS. THANK YOU. DO YOU HAVE ANY
[00:20:05]
QUESTIONS FOR STAFF? IT'S BASICALLY THE SAME WE HAD BEFORE, MR. ENRIQUEZ SHOWED ME SOMETHING REAL FAST ON ON THEIR DRAWING THAT THEY'VE SUBMITTED. THEY'RE SHOWING THAT TEN FOOT TO BE A UTILITY EASEMENT IN THE BACK. IS IT STILL JUST THE SAME TEN FOOT SETBACK, OR IS IT ACTUALLY A TEN FOOT UTILITY EASEMENT? BECAUSE THAT'LL MAKE A HUGE DIFFERENCE. YES. THAT WAS A MISTAKE ON THOSE WHO DREW THE OKAY ON THE SITE PLAN, BECAUSE ON THE PLOT IT IS NOT SHOWN, BUT THE SITE PLAN THEY DID SUBMIT FOR THE BUILDING PERMIT. THIS IS WHAT THEY INDICATED ON IT. BUT IT IS NOT IT DOES NOT REFLECT ON THE PLAN. OKAY. ANY OTHER QUESTIONS MADE A BIG DIFFERENCE. YEAH. ANY OTHER QUESTIONS? NO. OKAY. AT THIS MOMENT WE'RE GOING TO OPEN THE PUBLIC MEETING TO THE PUBLIC. ANYBODY WANTS TO SPEAK FOR OR AGAINST THE VARIANCE, PLEASE STEP FORWARD. IF NOBODY STEPS FORWARD, WE'RE GOING TO CLOSE SECTION OF THE MEETING COMMISSIONERS. WE HAVE THE SAME ARGUMENT AS WE DID AS THE FIRST ONE. SO TO ME, SO IS THAT A MOTION? I'LL MAKE A MOTION TO DENY. THERE'S A MOTION TO DENY A SECOND. SECOND, THERE'S A SECOND DISCUSSION. ALL IN FAVOR, SAY AYE. OBJECTION. SAME SIGN. MOTION CARRIES. CASE FILE NUMBER 2020 605-V. OPEN PUBLIC HEARING TO CONSIDER THE APPROVAL OF THE REQUEST BY JOHN FRANKLIN, OWNER FROM A VARIANCE FROM SECTION 14 DASH SEVEN DASH 13 D OF THE CITY OF ODESSA.ZONING ORDINANCE TO ALLOW AN ACCESSORY BUILDING TO BE BUILT WITH A ZERO REAR YARD SETBACK, INSTEAD OF THE REQUIRED TEN FOOT SETBACK IN THE SPD SPECIAL DWELLING DISTRICT. 1735 PARK DRIVE. THANK YOU, MR. CHAIR. 16 NOTICES WERE SENT AND WE DID RECEIVE ONE PROTEST. THANK YOU.
MR. CHAIR. THE PROPERTY INVOLVED IN THIS REQUEST IS LOCATED AT 1735 BALLPARK DRIVE.
THIS SITE IS CURRENTLY ZONED SPECIAL DWELLING DISTRICT AND IS OCCUPIED BY A SINGLE FAMILY RESIDENCE. THE PROPERTY IS SURROUNDED BY NEW SINGLE FAMILY RESIDENTIAL DEVELOPMENT AND NEW CONSTRUCTION TO THE EAST, WEST AND SOUTH AND VACANT LAND TO THE NORTH. THE OWNER AND APPLICANT IS YANG RONG LIN, AND THE PURPOSE OF THIS REQUEST IS TO SEEK THE APPROVAL OF A VARIANCE TO ALLOW THE CONSTRUCTION OF A SHED WITH A ZERO FOOT REAR YARD SETBACK, INSTEAD OF THE TEN FOOT REQUIRED. REAL SETBACK IN DESERT RIDGE. SECOND FILING PHASE EIGHT. THE APPLICANT IS REQUESTING THIS VARIANCE TO IMPROVE SAFETY IN THEIR BACKYARD, AS THERE IS A HIGH VOLTAGE POWER LINE LOCATED DIRECTLY BEHIND THEIR REAR BOUNDARY LINE. STAFF FINDS THERE ARE NO SPECIAL CONDITIONS ASSOCIATED WITH THIS PROPERTY THAT DO NOT EXIST FOR OTHERS IN THE AREA, AND ENFORCEMENT OF THE ORDINANCE WILL NOT CREATE ANY HARDSHIP FOR THE APPLICANT. THE REQUEST TO REDUCE THE SETBACK TO ZERO FEET WILL ALSO CREATE A PRECEDENCE FOR THE SURROUNDING PROPERTIES TO FOLLOW. BASED ON THE ANALYSIS OF THIS REQUEST, STAFF RECOMMENDS DENIAL. HOWEVER, SHOULD THE BOARD CHOOSE TO APPROVE THIS REQUEST, THE PLANNING STAFF WOULD RECOMMEND ADOPTION WITH THE FOLLOWING CONDITIONS AS SHOWN ON THE SCREEN. THANK YOU. DO YOU HAVE ANY QUESTIONS FOR STAFF? IF THERE'S NO QUESTIONS FOR STAFF, WE'RE GOING TO OPEN THIS PART OF THE MEETING TO THE PUBLIC.
ANYBODY WANTS TO SPEAK FOR OR AGAINST THE VARIANCE, PLEASE STEP FORWARD. NO ONE STEPS FORWARD. WE'RE GOING TO CLOSE THIS SECTION OF THE MEETING FROM THE PUBLIC COMMISSIONERS.
I'D JUST LIKE TO MAKE A COMMENT IS, YOU KNOW, THE CITY OF ODESSA HAS HAS DONE THEIR THEIR WORK TO ALLOW THIS DEVELOPER TO DO SPECIAL DWELLING AND PUT IN SOME SETBACKS. AND IT'S NOTHING AGAINST THE INDIVIDUAL THAT'S TRYING TO COME IN HERE AND ADD SOMETHING TO THE BACK OF THE HOUSE. BUT THE CITY HAS ALREADY ALLOWED THESE LOTS TO BE REDUCED IN SIZE. THEY'VE ALLOWED CERTAIN CRITERIA AND THEY'VE DONE THEIR WORK TO SAY FOR SAFETY REASONS, YOU KNOW, WE NEED THESE SETBACKS AND TO PROTECT THE PUBLIC AND THE IN A MANNER TO WHERE, YOU KNOW, THEY'RE PROTECTED. AND SO IT'S DONE THE RIGHT THING. AND AS A BOARD, YOU KNOW, COMMEND US FOR DOING THE RIGHT THING, EVEN THOUGH IT DOESN'T ALWAYS SOUND RIGHT. BUT, YOU KNOW, WE'RE
[00:25:05]
STILL PROTECTING THAT INTEGRITY OF, OF, HEY, THIS WAS SET UP A CERTAIN WAY. IT'S ALLOWED TO DO CERTAIN THINGS, CONDENSED HOUSING, BUT WE DO NEED THESE SETBACKS. AND, YOU KNOW, FOR THE SAFETY OF THE PUBLIC. AND SO, YOU KNOW, THAT'S JUST KIND OF SOMETHING I JUST WANTED TO MENTION THAT THAT, THAT IT SEEMS LIKE WE'RE NOT DOING THE RIGHT THING BECAUSE WE'RE NOT TRYING TO HELP OUT, BUT WE ACTUALLY ARE HELPING THE PUBLIC TO MAINTAIN SAFETY AND TO HAVE EVERYTHING SET UP, RIGHT, BECAUSE WE HAVE, AS A CITY, ALREADY ALLOWED THIS TO BE REDUCED AND CONDENSED TO HOUSING IN THIS AREA. POWER LINE IN THE BACK IS, IS YES, IT'S HIGH VOLTAGE, BUT IT'S PRIMARILY FOR ALL THE RESIDENTS THAT ARE THERE. THAT'S WHERE THEY'RE GETTING THEIR ELECTRICITY FROM. RIGHT. SO IT'S NOT LIKE IT'S A HIGH MAIN TRANSMISSION LINE THAT'S RUNNING THROUGH THE BACKSIDE THERE. SO NECESSARY IT'S NECESSARY. BUT SO THAT'S JUST TIDBIT COMMENT AND, AND SO. THERE'S NO DIFFERENCE BETWEEN THIS CASE AND THE PREVIOUS TWO IN MY OPINION. I AGREE. I SHARE THE SAME SENTIMENT AS TITO HERE IS LIKE GET THE SETBACKS AND THEY'RE TO BE PRESERVED, YOU KNOW, FOR THE SAFETY OF THE COMMUNITY AND JUST THE ALL ALL AROUND HARMONY OF, YOU KNOW, EVENTS THAT PREVENT EVENTS FROM OCCURRING. BUT ONE THING I JUST WANT TO POINT OUT, WHAT I NOTICED THAT THESE, THESE.THESE, WHAT ARE THESE CALLED AGAIN, PROTEST PROTESTS? YEAH. NOTIFICATION CARDS. SO COLLECTIVELY, I KNOW THEY WERE DONE IN SEPARATE CASES, BUT COLLECTIVELY THERE'S THREE OUT OF FOUR THAT WERE IN DENIAL PROTEST. THESE. SO I BELIEVE THAT IN DENYING THIS WOULD BE IN THE RIGHT SPIRIT FOR THE. KEEPING THE COMMUNITY IN MIND AS TO, YOU KNOW, NOT SETTING A NEW PRECEDENT, WHICH THEY'VE ALREADY UNDERSTOOD. THIS IS WHERE WE'RE MOVING INTO. THIS IS HOW IT IS. AND WE'RE GOING TO GO AHEAD AND MAINTAIN THAT IN MIND. OKAY. DO I HAVE A MOTION? I'LL MAKE A MOTION. THERE'S A MOTION FOR TO DENY. THERE'S A MOTION TO DENY. IS THERE A SECOND? SECOND, THERE'S A SECOND DISCUSSION. ALL IN FAVOR, SAY AYE. ANY OBJECTION? SAME SIGN. MOTION CARRIES. SO IF THAT'S THE LAST ONE, I NEED A MOTION TO ADJOURN. OR IS THERE SOMETHING ELSE? APOLOGIES, MR. CHAIR. WE ALSO WANTED TO INTRODUCE OUR NEW PLANNER, RUTH.
THANK YOU, MR. CHAIR AND COMMISSIONERS. MY NAME IS RUTH APPLEBY, AND I'M THE NEW PLANNER FOR THE CITY OF ODESSA. AND I'M HAPPY TO WORK FOR YOU ALL. THANK YOU. WELCOME ABOARD.
ANYTHING ELSE? NO. ALL RIGHT. IS THERE A MOTION TO ADJOURN? I'LL MAKE A MOTION. WE ADJOURN THE MOTION. SECOND, THERE'S A SECOND. ALL IN FAVOR, SAY AYE. AYE.
* This transcript was compiled from uncorrected Closed Captioning.