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2003-01-02 ZONING BOARD OF ADJUSTMENTS REGULAR 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, JANUARY 2, 2003 AT 6:00 PM, IN THE COUNCIL CHAMBERS OF CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS 1. CALL REGULAR MEETING TO ORDER The meeting was called to order at 6:OOpm. Chairperson Board Member Board Member Board Member Board Member Executive Director of Community Services Administrative Assistant Dale Pillow Marvin Elam Willard Briley Anne Talbot Richard Cimprich Tobin Maples Aubrey Harbin II. APPROVAL OF MINUTES — December 5, 2002 The minutes were approved as corrected. Board Member Willard Briley made a motion to approve the minutes, and Board Member Richard Cimprich seconded the motion. The motion passed 5 to 0. III. NEW BUSINESS A. Discussion with City Attorney regarding variances Ngiehm Doan, attorney for the City of Pearland, explained the purpose of the Zoning Board of Adjustments and what powers they hold as a board. The notes that he handed out to the members are attached. Board Member Richard Cimprich asked City Attorney Ngiehm Doan what the board's position should be on all of the sidewalk variances that have been brought before the board in the past several months. Mr. Doan replied that the members of the board should keep in mind that the property must have a hardship in order to obtain a variance. Board Member Marvin Elam and Board Member Anne Talbot also expressed concern about the number of sidewalk variance requests. Executive Director of Community Services Tobin Maples addressed the sidewalk issue stating that if the subdivision is built out and complete and there are no existing sidewalks, sidewalk variances are okay, but in the new areas of development, sidewalks have to start somewhere. City Attorney Ngiehm Doan also stated that most of the developers see sidewalks as an economic hardship, and that is not a hardship on the property. Board Member Anne Talbot asked what recourse an applicant has regarding a decision made by the Zoning Board of Adjustments. City Attorney Ngiehm Doan replied that the next step would be an appeal to the District Court. The issue would not come back to the Zoning Board of Adjustments. Executive Director of Community Services Tobin Maples also informed the members of the board about the workshop on January 25, 2003, starting at 9:00am. A consultant and the legal department will be present at the workshop. B. Variance Application No. V02-71 1) CALL PUBLIC HEARING TO ORDER The public hearing was called to order at 6:23pm. 2) PURPOSE OF HEARING Request for a variance from the requirements of 6.4.2.(c) Yard (setback) requirements:, of the Land Use and Urban Development Ordinance, on the following described property, to wit: Legal Description: Lot 193, Block 4, Green Tee Subdivision, Brazoria Co., TX (2301 Country Club Drive) Owner: Doug and Tricia Smith 2301 Country Club Drive Pearland, TX 77581 3) STAFF REPORT Executive Director of Community Services Tobin Maples explained to the board that the applicant is asking for a side yard variance. There is an existing detached accessory structure three feet off the side yard. The applicant is proposing to attach the accessory building to the residence, which would then change the side yard requirement from three feet to five feet. The applicant is asking the board to grant a two foot side yard variance. 4) APPLICANT PRESENTATION The applicant, Doug Smith, stated to the board that his father-in-law has come to live in his residence. His father-in-law needs a handicap accessible bathroom. He is proposing to add on a second story to the detached garage and attach the garage to the house. Mr. Smith said that there is twenty-two feet between his house and his neighbor's house, and it is only required that there be fifteen feet between the houses. He also stated that two neighbors sent positive comments. Two neighbors sent comments against the variance. 5) PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None 6) STAFF/BOARD/APPLICANT DISCUSSION Board Member Marvin Elam asked the applicant what the hardship was on the property. The applicant replied that the existing bathroom is too small for his father- in-law, and that he is currently in compliance with his detached garage three feet off the side yard. Chairperson Dale Pillow stated that in one of the comment forms, a neighbor mentioned that a variance was granted for the detached garage, but Executive Director of Community Services Tobin Maples stated that the garage was built in compliance. The father-in-law of the applicant was present and stated that he has difficulty moving around in a small bathroom. The owners of the home already put in an elevator for him. Board Member Anne Talbot suggested changing the structure of the garage to be five feet from the property line. 7) ADJOURNMENT OF PUBLIC HEARING The public hearing was adjourned at 6:31 pm. 8) CONSIDERATION AND POSSIBLE ACTION — V02-71 Board Member Marvin Elam made a motion to deny the variance. Board Member Anne Talbot seconded the motion. The motion to deny was passed 4 to 1. Board Member Richard Cimprich opposed the motion. C. Variance Application No. V02-72 1) CALL PUBLIC HEARING TO ORDER The public hearing was called to order at 6:32pm. 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 C-19, Shadow Creek Ranch, Brazoria Co., TX (11711 Shadow Creek Parkway) Owner: Kirby Crossing 2108 Kildare Pearland, TX 77581 Agent: Paul Grohman 3) STAFF REPORT Executive Director of Community Services Tobin Maples stated that the city ordinance requires sidewalks on thoroughfares and collectors. The variance request is only applicable to Shadow Creek Parkway. 4) APPLICANT PRESENTATION The applicant, Paul Grohman, stated that he is an advocate of sidewalks and that money is not an issue, but that requiring sidewalks in this certain area is an insensible rule. He feels that the public will not benefit from sidewalks in this particular area. There is a ditch where the sidewalk should be placed, and the sidewalk will not connect to any other sidewalks. The property next to this property is zoned for Fire, EMS and Police. He stated that sidewalks would never be placed on that property because of the danger posed to pedestrians walking in front of emergency vehicles. TXDOT is going to widen the highway and would end up tearing up the sidewalks. He feels that the landscaping and the building are really nice, and sidewalks would take away from that. Mr. Grohman offered double the fees to place in an escrow account for future use. 5) PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None 6) STAFF/BOARD/APPLICANT DISCUSSION Board Member Marvin Elam asked how much of the land TXDOT is going to use in widening the highway. Mr. Grohman stated that he did not know. He is in the process of making future plans with TXDOT for culverts and turning lanes. Chairperson Dale Pillow inquired about the offer to escrow the money. Executive Director of Community Services Tobin Maples stated that the city's fees would be $4 per linear foot. Mr. Grohman said that he would be willing to do that. He is not trying to save money. He is just trying to make the property look nice. 7) ADJOURNMENT OF PUBLIC HEARING The public hearing was adjourned at 6:45pm. 8) CONSIDERATION AND POSSIBLE ACTION — V02-72 Board Member Marvin Elam made a motion to approve the variance with the stipulation that the owner installs the sidewalks within six months after TXDOT widens the road. Executive Director of Community Services Tobin Maples stated that sidewalks are usually placed in the right of way. There is a ditch there. When the developer designed the property, they knew sidewalks were required. It would be easier to escrow the money. Board Member Marvin Elam amended the motion to place two times the fee, $2400, in escrow until TXDOT builds the road and sidewalk. Board Member Richard Cimprich seconded the motion. The motion passed 5 to 0. III. ADJOURNMENT OF REGULAR MEETING The meeting was adjourned at 6:50pm. T ese minutes respectTkilly submitted by: Aubrey Harbin, A inistrative Assistant Approved as submitted and/or correct this �-� day of �� 2 e 2003. Dale Pillow, Chairperson Powers of the Zoning Board of Adjustment I. Interpretation A. staff makes initial interpretation of the zoning ordinance B. if staff interpretation is challenged, ZBA resolves the dispute II. Special exceptions A. uses which are to be allowed by the ZBA under certain conditions B. those conditions must be expressed in the ordinance itself III. Variances A. deviation from the literal terms of the ordinance B. criteria 1. not contrary to the public interest 2. due to special conditions of the property involved, literal enforcement of the ordinance would result in undue hardship a. generally restricted to height, area, and setback issues b. examples 1) existing business wants taller sign because of new freeway 2) setback variance because of odd -shaped property 3) setback variance because of preservation of trees on building site 3. economic hardship alone is not enough to justify variance 4. no use variance can be granted