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2002-12-05 ZONING BOARD OF ADJUSTMENTS REGULAR MEETING AND PUBLIC HEARING MEETING MINUTESMINUTES — REGULAR MEETING AND PUBLIC HEARINGS OF THE ZONING BOARD OF ADJUSTMENTS OF THE CITY OF PEARLAND, TEXAS, HELD ON THURSDAY, DECEMBER 5, 2002, AT 6:00 PM, IN THE COUNCIL CHAMBERS OF CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL REGULAR MEETING TO ORDER The meeting was called to order at 6:06 PM with the following present: Chairperson Board Member Board Member Board Member Alternate Board Member Executive Director of Community Services Development Coordinator Dale Pillow Richard Cimprich Anne Talbot Willard Briley James Lane Tobin Maples Mona Ann Phipps II. APPROVAL OF MINUTES — November 7, 2002 Board Member Anne Talbot stated that Marvin Elam was present at the November 7th meeting, however, the minutes did not reflect his attendance. Alternate Board Member James Lane made a motion, seconded by Board Member Richard Cimprich, to approve the minutes as corrected. Motion passed 5 to 0. I11. NEW BUSINESS A. CONSIDERATION AND POSSIBLE ACTION - Appointment of Vice - Chairperson Alternate Board Member James Lane made a motion to appoint Board Member Richard Cimprich as Vice -Chairperson. Board Member Willard Briley seconded the motion. Motion passed 5 to 0. B. Variance Application No. V02-63 1) CALL PUBLIC HEARING TO ORDER The public hearing was called to order at 6:07 PM. 2) PURPOSE OF HEARING Request for a variance from the requirements of 5.4.2.(a) Yard (setback) requirements:, of the Land Use and Urban Development Ordinance, on the following described property, to wit: Legal Description: Being .674 acres of land, out of 80 acres of the North % of the Southwest '/< of Section 16, George C. Smith Survey, A-546, Brazoria Co., TX (3806 Harkey Road) Owner: Elizabeth Miller Bains 3402 Windsor Street Pearland, TX 77581 3) STAFF REPORT Executive Director of Community Services Tobin Maples explained that the variance is required due to the City obtaining 20' of additional Right of Way along Harkey Road. He stated that this property has recently been re zoned to Estate Lot Single Family Dwelling District (RE). Therefore, it requires a 40' front yard setback. Mr. Maples added that this will create an 18.5' front yard encroachment. 4) APPLICANT PRESENTATION Elizabeth Bains, owner, stated that the purpose of the variance is to allow the existing building to be used as a daycare. 5) PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST none 6) STAFF/BOARD/APPLICANT DISCUSSION none 7) ADJOURNMENT OF PUBLIC HEARING The public hearing adjourned at 6:12 PM. 8) CONSIDERATION AND POSSIBLE ACTION — V02-63 Vice -Chairperson Richard Cimprich expressed concern about the safety of the property being used as a daycare with a smaller front yard. Mr. Maples 2 explained that the building will have to comply with all State and City codes prior to opening. Board Member Willard Briley made a motion, seconded by Vice -Chairperson Richard Cimprich, to approve V02-63. Motion passed 5 to 0. E. Variance Application No. V02-65 1) CALL PUBLIC HEARING TO ORDER The public hearing was called to order at 6:13 PM. 2) PURPOSE OF HEARING Request for a variance from the requirements of Section 22.7. Sidewalks., of the Land Use and Urban Development Ordinance, on the following described property, to wit: Legal Description: Lot 25, Allison Richey Gulf Coast Home Survey, Brazoria Co., TX (1720 O'Day Road) Owner: Carolina Hernandez 10302 Sagemeadow Houston, TX 77089 3) STAFF REPORT Executive Director of Community Services Tobin Maples explained that this property would require a 6' sidewalk because O'Day Road is considered a thoroughfare. He stated that the sidewalk would have to be placed on private property due to the large ditches in the Rights of Way in the area. 5) APPLICANT PRESENTATION Carolina Hernandez, owner, stated that the sidewalk would run between two properties that front private roads and would be built along side huge ditches. She explained that no one else along O'Day Road has sidewalks. She does not feel that sidewalks are appropriate for this property. 5) PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST 6) STAFF/BOARD/APPLICANT DISCUSSION A discussion ensued regarding the subject property and surrounding properties. Mr. Maples explained that when O'Day Road is widened, the City will install sidewalks on properties already developed. He stated that O'Day Road will eventually require an 80' Right of Way. Therefore, the City will probably need to acquire an additional 10' on each side of the road. He added that typically, drainage goes underground when a road is widened. 7) ADJOURNMENT OF PUBLIC HEARING The public hearing adjourned at 6:20 PM. 8) CONSIDERATION AND POSSIBLE ACTION — V02-65 Board Member Anne Talbot made a motion, seconded by Vice -Chairperson Richard Cimprich, to approve V02-65. Motion passed 5 to 0. F. Variance Application No. V02-66 1) CALL PUBLIC HEARING TO ORDER The public hearing was called to order at 6:21 PM 2) PURPOSE OF HEARING Request for a variance from the requirements of Section 23.2. Fence Regulations, of the Land Use and Urban Development Ordinance, on the following described property, to wit: Legal Description: Being 1.08 acres of land, and being part of Lots 40 & 41, Narregang Subdivision, W.D.C. Hall League, A-70, Brazoria Co., TX (1920 Broadway Street) Owner: Beverly Brown 1920 Broadway Street Pearland, TX 77581 3) STAFF REPORT Executive Director of Community Services Tobin Maples explained that a 6' masonry fence is required to screen the business from the surrounding residential properties. 4) APPLICANT PRESENTATION Beverly Brown, owner, stated that they were not aware of the fence requirement until Mike Collins, a City inspector, recently informed them. She explained that there was nothing noted on the plans or permit. She added that she is trying to maintain the rustic look of the property. Ms. Brown stated that the home behind her is approximately 180' away. She explained that she also have a creek running along the property which would prohibit a fence due to drainage issues. She added that she would be glad to do additional landscaping instead of a fence. 5) PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Heather Sharp, 1916 Broadway Street, stated that she does not want the fence to be built because of flooding concerns and because she will not be able to see to back out of her driveway. She explained that a fence would do more harm than it would good. Bill Taparaskas, project contractor, explained that the creek crosses the property; therefore, a fence would be required on each side. He stated that the rear addition is 18" higher than the original home in order to allow for drainage. He presented a public comment form in support of the request. 6) STAFF/BOARD/APPLICANT DISCUSSION A discussion ensued regarding the possible placement of a fence if required. Mr. Maples explained that the Drainage District and the City Engineering staff would be involved with the specifics of the fence to prevent drainage problems. He also explained that staff would not allow a fence to be placed in the visibility triangle, therefore, there should not be an issue of safety for the neighbor to back out of her driveway. Alternate Board Member James Lane stated that the Board has received two public comment forms in support of the request and two in opposition. Mr. Taparaskas reiterated the fact that they were not aware of the fence requirement until just recently. He stated that he understands the intention of the ordinance is to improve eyesores, however, he explained that the property already looks much nicer. 6) ADJOURNMENT OF PUBLIC HEARING The public hearing adjourned at 6:38 PM. 8) CONSIDERATION AND POSSIBLE ACTION — V02-66 Alternate Board Member James Lane made a motion, seconded by Board Member Anne Talbot, to approve V02-66. Motion failed 3 to 2. G. Variance Application No. V02-70 1) CALL PUBLIC HEARING TO ORDER The public hearing was called to order at 6:39 PM. 2) PURPOSE OF HEARING Request for a variance from the requirements of Section 22.6. Building Facades., of the Land Use and Urban Development Ordinance, on the following described property, to wit: Legal Description: Being 1.08 acres of land, and being part of Lots 40 & 41, Narregang Subdivision, W.D.C. Hall League, A-70, Brazoria Co., TX (1920 Broadway Street) Owner: Beverly Brown 1920 Broadway Street Pearland, TX 77581 3) STAFF REPORT Executive Director of Community Services Tobin Maples explained that non- residential properties abutting a major thoroughfare and/or residential zoned properties are required to have a 100% masonry or glass exterior or facade. He stated that permits were issued without noting the facade requirement, however, it was caught during inspections. 4) APPLICANT PRESENTATION Beverly Brown, owner, stated that she basically had the same comments as on the previous item. 5) PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST none 6) STAFF/BOARD/APPLICANT DISCUSSION 6 Chairperson Dale Pillow asked the applicant how complete the project is. Mr. Taparaskas replied that they have had one final inspection and have a few corrections to make. He stated that they hired a local architect for this project so that they would be aware of all local requirements. 7) ADJOURNMENT OF PUBLIC HEARING The public hearing adjourned at 6:44 PM. 8) CONSIDERATION AND POSSIBLE ACTION — V02-70 Board Member Willard Briley made a motion, seconded by Vice -Chairperson Richard Cimprich, to approve V02-70. Motion passed 4 to 1. H. Variance Application No. V02-67 1) CALL PUBLIC HEARING TO ORDER The public hearing was called to order at 6:45 PM. 2) PURPOSE OF HEARING Request for a variance from the requirements of Section 28.6. Non - Conforming Uses., of the Land Use and Urban Development Ordinance, on the following described property, to wit: Legal Description: Lot 88 Somersetshire Estates, Brazoria Co., TX (9914 Camelots Court & 2491 Miller Ranch Road) Owner: Alexander MacKinnon 2491 Miller Ranch Road Pearland, TX 77581 2) STAFF REPORT Executive Director of Community Services Tobin Maples stated that Staff recommends removing this item from the agenda. He explained that the ordinance does not allow a variance to be granted for such a request. Mr. Maples explained the difference between a manufactured home and a mobile home. 4) APPLICANT PRESENTATION 5) PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST 6) STAFF/BOARD/APPLICANT DISCUSSION 7) ADJOURNMENT OF PUBLIC HEARING The public hearing adjourned at 6:47 PM. 8) CONSIDERATION AND POSSIBLE ACTION — V02-67 No action was taken on this item. 1. Variance Application No. -V02-68 1) CALL PUBLIC HEARING TO ORDER The public hearing was called to order at 6:48 PM. 2) PURPOSE OF HEARING Request for a variance from the requirements of Section 23.2.(b) Fence Regulations., of the Land Use and Urban Development Ordinance, on the following described property, to wit: Legal Description: Lot 6, Block 19, Suburban Gardens Subdivision, Brazoria Co., TX (2005 Cullen Boulevard) Owner: Raymond G. Vaughan 2005 Cullen Boulevard Pearland, TX 77581 3) STAFF REPORT Executive Director of Community Services Tobin Maples explained that the property is zoned Single Family Dwelling District (R-1), therefore, it requires a 25' front yard setback. He stated that the applicant is requesting to finish a fence previously built on the property line. He added that the home sits way back off the road. 4) APPLICANT PRESENTATION Emma Vaughan, owner, explained that Cullen is a very busy road. She stated that all of the residences on Cullen have fences on their property lines with locked gates for security. She added that they are proposing to remove the existing rusted fence along the property line, but leave the entry gate. Mrs. Vaughan explained that they added the wrought iron panels to prevent someone from driving around the gate. Now, they are requesting to add brick columns at the end of the wrought iron panels to complete the entry gate. 5) PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST none 6) STAFF/BOARD/APPLICANT DISCUSSION A discussion ensued regarding the eventual widening of Cullen Boulevard. Chairperson Dale Pillow expressed concern for the safety of someone stopping to open the gate. 8) ADJOURNMENT OF PUBLIC HEARING The public hearing adjourned at 6:58 PM. 8) CONSIDERATION AND POSSIBLE ACTION — V02-68 Vice -Chairperson Richard Cimprich made a motion, seconded by Board Member Anne Talbot, to approve V02-68. Motion passed 4 to 1. J. Variance Application No. V02-69 1) CALL PUBLIC HEARING TO ORDER The public hearing was called to order at 6:59 PM. 2) PURPOSE OF HEARING Request for a variance from the requirements of Table VII, of the Land Use and Urban Development Ordinance, on the following described property, to wit: Legal Description: Lot B, Block 1, 518 -Dixie Plaza Addition, Brazoria Co., TX (1632 Broadway Street) Owner: Murphy Oil USA, Inc. 131 S. Robertson Street, 13th Floor New Orleans, LA 70161 Agent: CEI Engineering Associates, Inc. 2) STAFF REPORT Executive Director of Community Services Tobin Maples explained that this variance is not needed. He stated that the ordinance allows two square feet per lineal foot of building frontage. He added that originally, Staff only considered the building frontage of the cashier's kiosk. Mr. Maples explained that the building canopy should have been counted as the building frontage, therefore, they are allowed more than the requested square foot of signage. 4) APPLICANT PRESENTATION 5) PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST 6) STAFF/BOARD/APPLICANT DISCUSSION 8) ADJOURNMENT OF PUBLIC HEARING The public hearing adjourned at 7:02 PM. 8) CONSIDERATION AND POSSIBLE ACTION – V02-69 No action was taken on this item. III. ADJOURNMENT OF REGULAR MEETING The regular meeting adjourned at 7:03 PM. These min tes respe Ily subrqitked by: Mona Ann P ipps, Development Coor in for Minutes approved as submitted and/or corrected this ? - day of 2003. Dale Pillow, Chairperson 10