Loading...
2004-04-01 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, APRIL 1, 2004, AT 6:00 PM, IN THE COUNCIL CHAMBERS OF CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL REGULAR MEETING TO ORDER The regular meeting was called to order at 6:13PM. The following people were in attendance: Dale Pillow Willard Briley Anne Talbot Marvin Elam Lata Krishnarao Theresa Grahmann Nghiem Doan Aubrey Harbin Chairperson Board Member Board Member Board Member Planning Manager Planner Deputy City Attorney Administrative Assistant II. APPROVAL OF MINUTES — MARCH 4, 2004 The minutes were approved. Board Member Willard Briley made a motion to approve the minutes. Board Member Anne Talbot seconded the motion. The motion passed 4 to 0. Nghiem Doan, Deputy City Attorney, explained that he sent a memo, and he would be glad to answer any questions regarding the memo. He stated that the Zoning Board of Adjustments should only relax laws, not waiver them. The staff will weed out variances that ZBA does not have the power to grant. III. NEW BUSINESS A. Variance Application No. VO4-02 1) CALL PUBLIC HEARING TO ORDER The public hearing was called to order at 6:17pm. 2) PURPOSE OF HEARING Request for a variance from the requirements of Section 16.4 (b) Minimum lot width, of the Land Use and Urban Development Ordinance of said City, on the following described property, to wit: Legal Description: Skyway Manor (A0241 H T & B), Block 3, Lot 19, Acres 1.000 (2951 Manvel Road, Pearland, TX) Owner: Jose David Rosa 11410 Sharpview Houston, TX 77072 Page 1 of 8 (03-04-04) Applicant: M. Jackson Tabor, Atty. 2016 Main, Suite 110 Houston, TX 77002 3) STAFF REPORT Lata Krishnarao, Planning Manager for the City of Pearland, began by explaining the Public Hearing process to the audience. She also explained that in order for a variance to be approved, it would require four positive votes by the Board, since there was only four members present. For variance application 04-02, the East side of the property faces Manvel Road. All owners within two hundred feet of the property were notified of the request for variance. The existing business is an auto paint and body shop. The property is currently zoned SD. The applicant is planning to ask for Commercial (C) or General Business (GB) zoning, but before they can apply for the zone change, they must have a variance from the 150 -foot frontage to 112 feet. Notices and comment forms were mailed and published in the paper, and a sign was placed on the property. Two comment forms were turned in, and they were in favor of the variance. 4) APPLICANT PRESENTATION Jackson Tabor, 2016 Main Street Houston, Texas, stated that he is representing Mr. Rosa. He said that he has known Mr. Rosa for twenty-five years. There are currently three buildings on the property, and Mr. Rosa keeps it very clean. They fix windshields, tires, and do other repairs. Mr. Rosa has supported his family with the business. There are commercial properties all around. With the Commercial (C) zone, Mr. Rosa could keep operating his business. Mr. Tabor feels that it does not make sense to zone the property as Residential. The owner cannot obtain any more property in order to meet the 150 -foot frontage requirement for the Commercial (C) zone. Mr. Tabor presented pictures to the Board Members. 5) PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None 6) STAFF/BOARD/APPLICANT DISCUSSION Board Member Marvin Elam inquired as to why the applicant wants to change the zoning of the property. Chairperson Dale Pillow explained that the current zone, SD, is technically not a zone. Executive Director of Community Services Tobin Maples also explained that the owner is operating the business without a Certificate of Occupancy. It is a non -conforming business because the business has not been open for a period longer than six months. Chairperson Dale Pillow asked if the lot area complied with the Commercial (C) zone. Executive Director of Community Services Tobin Maples said that they have plenty of lot area. Board Member Marvin Elam asked if the owner would be able to continue to operate the business if the property was zoned GB. Executive Director of Community Services Tobin Maples said that paint and body shops are not allowed in GB. Page 2 of 8 (03-04-04) 7) ADJOURNMENT OF PUBLIC HEARING The public hearing was adjourned at 6:32pm. 8) CONSIDERATION AND POSSIBLE ACTION — VO4-02 Board Member Anne Talbot made a motion to approve the variance. Board Member Marvin Elam seconded the motion. The vote was 4 to 0.- The variance was approved. B. Variance Application No. VO4-04 1) CALL PUBLIC HEARING TO ORDER The public hearing was called to order at 6:34pm. 2) PURPOSE OF HEARING Request for a variance from the requirements of Section 28.6 Repairs and Alterations, Special Exception to Enlarge Non -Conforming Structure, of the Land Use and Urban Development Ordinance of said City, on the following described property, to wit: Legal Description: Banbury Cross, Section 1 (A0198 TJ Green)(Pearland), Block 5, Lot 66 (2915 Tower Bridge Court, Pearland, Tx) Owner: Swami V. Raman 2915 Tower Bridge Court Pearland, TX 77581 3) STAFF REPORT Lata Krishnarao explained that this is a request for a special exception to extend a non -conforming use. It is a set back issue. All of the property owners within 200 feet were notified of the request. The subject property is a single-family residence. The variance request was originally scheduled for the March meeting, but the applicant could not attend. The City currently requires a 25 -foot setback, but when the house was built, the setback was 20 feet. The structure is considered non- conforming because it exceeds the 25 -foot setback. If the variance were granted, the owner would be allowed to obtain a building permit and build up to the 20 -foot building line. If fifty percent or more of the property is destroyed by a natural disaster, the variance would be void, and the new structure would have to be rebuilt according to the City ordinances in place at that time. 4) APPLICANT PRESENTATION Swami Raman, the applicant, stated that he has lived there since 1984. He explained that his house is not encroaching on any easements. He would like to increase his living space and decrease wasted lawn space. He is using a formal architect. Page 3 of 8 (03-04-04) 5) PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None 6) STAFF/BOARD/APPLICANT DISCUSSION Nghiem Doan, Deputy City Attorney, explained that this is a special exception, not a variance. A special exception should not be as hard to obtain as a variance. The law does allow special exceptions. Chairperson Dale Pillow restated that the variance would go away if the structure on the property were destroyed. Executive Director of Community Services Tobin Maples also pointed out that the Home Owner's Association wants the owner to get all City approvals before resubmitting to them. 7) ADJOURNMENT OF PUBLIC HEARING The public hearing was adjourned at 6:42pm. 8) CONSIDERATION AND POSSIBLE ACTION — VO4-03 Board Member Willard Briley made a motion to approve the special exception. Board Member Anne Talbot seconded the motion. The vote was 3 to 1. The special exception was denied. Board Member Marvin Elam opposed the special exception. C. Variance Application No. VO4-05 1) CALL PUBLIC HEARING TO ORDER This public hearing was called to order at 6:44pm. 2) PURPOSE OF HEARING Request for a variance from the requirements of Section 23.2 (f) Fence Regulations, of the Land Use and Urban Development Ordinance of said City, on the following described property, to wit: Legal Description: 1.761 Acres, W. D. C. Hall Survey, Abstract Number 70, Brazoria County, City of Pearland, Texas (E. Broadway Street (FM 518) at Liberty Drive) Owner: Jay Javadi (Donya LLC) 13630 Beamer Rd #107 Houston, Texas 77089 Applicant: A. S. Osborn (Osborn & Vane Architects) 2000 Bering Drive, Suite 410 Houston, Texas 77057 Page 4 of 8 (03-04-04) 3) STAFF REPORT Lata Krishnarao explained that this was a variance from the fence regulations at Liberty and Broadway. There is currently a retail center on the property. The Land Use Book requires a fence If a Commercial zoned property abuts a Residential zoned property. The applicant does not want to put up a fence because the City owns the adjacent property, and there is a library on the property., The ordinance also states that alternate means of barrier may be used, if approved by the Board. The applicant is proposing landscaping instead of a fence, which would include six- foot tall evergreens spaced eighteen inches apart. Notices were sent, and no comment forms were received. 4) APPLICANT PRESENTATION None 5) PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None 6) STAFF/BOARD/APPLICANT DISCUSSION Nghiem Doan explained that there are ownership issues with this property. He would like for the Board to table this request. 7) ADJOURNMENT OF PUBLIC HEARING The public hearing was adjourned at 6:49pm. 8) CONSIDERATION AND POSSIBLE ACTION — VO4-05 Board Member Anne Talbot made a motion to table to variance request. Board Member Willard Briley seconded the motion. The vote was 4 to 0. The variance was tabled. D. Variance Application No. VO4-06 1) CALL PUBLIC HEARING TO ORDER This public hearing was called to order at 6:49pm. 2) PURPOSE OF HEARING Request for a variance from the requirements of Section 16.4 (b) Minimum Lot Width, of the Land Use and Urban Development Ordinance of said City, on the following described property, to wit: Legal Description: Hickory Creek Place (Pearland), Block 3, Lot 9 (2106 O'Day Rd, Pearland, Texas) Owner: Don and Margarette Chasteen 3419 Monarch Meadow Lane Pearland, Texas 77581 Page 5 of 8 (03-04-04) 3) STAFF REPORT The subject property is located on the West side of O'Day Road. The current zone is SD. The applicant wants to apply for a Commercial (C) zone, which requires a minimum lot width of 150 feet. The parcel is 125 feet wide. The lot width variance must be approved by ZBA before presenting the case to Planning and Zoning for a zone change. The lot area meets the Commercial requirements. The property owners within 200 feet were notified of the variance request. The City received one letter in opposition to the request. 4) APPLICANT PRESENTATION Margaret Chasteen, 3419 Monarch Meadow, owner of D. C. Carriers, explained that their company delivers pharmaceuticals -to sales people. She explained that she knew the property had been annexed, but she was not aware of the zoning requirements. There is currently a 40 by 125 foot building on the property. Ms. Chasteen stated that without the zone change, the property would be useless. She and her husband run the business. It is their biggest investment and their retirement. 5) PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None 6) STAFF/BOARD/APPLICANT DISCUSSION Chairperson Dale Pillow pointed out that there was one letter of opposition. 7) ADJOURNMENT OF PUBLIC HEARING The public hearing was adjourned at 6:53pm. 8) CONSIDERATION AND POSSIBLE ACTION — VO4-06 Board Member Marvin Elam made a motion to approve the variance. Board Member Anne Talbot seconded the motion. The vote was 4 to 0. The variance was approved. E. Variance Application No. VO4-07 1) CALL PUBLIC HEARING TO ORDER This public hearing was called to order at 6:54pm. 2) PURPOSE OF HEARING Request for a variance from the requirements of Section 7.4 (2)(b), Yard Setback Requirements, of the Land Use and Urban Development Ordinance of said City, on the following described property, to wit: Legal Description: Pearland Farms Sec 1 (A0508 F B Drake)(Pearland), Block 1, Lot 30 (4004 East Cedar Trail Court, Pearland, TX) Page 6 of 8 (03-04-04) Owner: Bayway Homes 1408 S. Friendswood Dr #801 Friendswood, TX 77546 3) STAFF REPORT Lata Krishnarao explained that this property is part of a new.,subdivision at Magnolia and Veterans Drive. In the R2 zone, the ordinance requires a 20 -foot rear yard setback. There is a single-family residence under construction. The foundation is encroaching five feet where the bay window and fireplace are located. The rest encroaches only one foot. The builder failed to show the rear building line on the survey, and staff overlooked the setback. An inspector brought the error to the attention of staff. No comment forms were received in reference to the notices that were mailed out. 4) APPLICANT PRESENTATION Charles Anders, 1408 S. Friendswood Drive, Bayway Homes, explained that they obtained a permit on July 3, 2003, for this house. He stated that Bayway Homes made a mistake on the setback. They built in Pine Hollow for two years, and the setbacks in that subdivision were different. The house is encroaching, and it is almost complete. All work has been stopped pending this variance. 5) PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None 6) STAFF/BOARD/APPLICANT DISCUSSION Board Member Anne Talbot clarified that this was a mutual mistake between the City and the builder. Chairperson Dale Pillow asked if this would be a special exception or a variance. Nghiem Doan explained that this would be a variance. Board Member Willard Briley asked if the variance would go away if the house were destroyed. Executive Director of Community Services Tobin Maples said that it would not go away, but the lot is large enough to fit another house plan on if it were destroyed. 7) ADJOURNMENT OF PUBLIC HEARING The public hearing was adjourned at 7:00pm. 8) CONSIDERATION AND POSSIBLE ACTION - VO4-07 Board Member Willard Briley made a motion to approve the variance. Board Member Marvin Elam seconded the motion. The vote was 4 to 0. The variance was approved. Page 7 of 8 (03-04-04) IV. ADJOURNMENT OF REGULAR MEETING The regular meeting was adjourned at 7:01 pm. These minutes respectfully submitted by: Aubrey Harbin, A inistrative Assistant Approved as submitted and/or correct this q-4- day of 4'2004. ci Dale Pillow, Chairperson Page 8 of 8 (03-04-04)