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2005-01-06 ZONING BOARD OF ADJUSTMENT REGULAR MEETING AND PUBLIC HEARING MEETING MINUTESf11 ZONING BOARD OF ADJUSTMENT' REGULAR MEETING and PUBLIC HEARING MINUTES THURSDAY, JANUARY 6, 2005 6:00 PM COUNCIL CHAMBERS OF CITY HALL 3519 LIBERTY DRIVE PEARLAND,TEXAS CALL REGULAR MEETING TO ORDER The regular meeting was called to order at 6:04pm. The following people were in attendance: Dale Pillow Chairperson Willard Briley Board Member Don Glenn Board Member Anne Talbot Board Member James Lane Alternate Board Member Theresa Grahmann Senior Planner Diana DuCroz Planner 1 Nick Finan Executive Director of Community Services Nghiem Doan Deputy City Attorney APPROVAL OF MINUTES — November 4, 2004 Meeting Board Member Anne Talbot made a motion to approve the -ninutes. Alter Board Member James Lane seconded the motion. The vote was 5 to 0. minutes were approved. NFW Rl1SINFSS 2. PURPOSE OF HEARING: A request by Davis Wilson, AIA, applicant for D.S. Ahlawat, owner, fc variance from the requirements of Section 15.4 (:;) Yard Setb Requirements, of the Land Use and Urban Development Ordinance of City, on the following described property, to wit: Lots 20, 21, 22, and 23, Block 16, Pearland Townsite, City of Peary Brazoria County, Texas (Located at the Northeast Corner i:,f Broadway St (FM 518) and San Antonio Avenue) 3. STAFF REPORT Theresa Grahmann, Senior Planner for the City of Pearl and, explained process of the Public Hearings. She also explained that it takes four pos votes from the board members in order for a variance to Le approved. The subject property is located on the Northeast corner of Broadway St and San Antonio Avenue. The applicant is proposing t(; construct a r building on the subject property. The rear of the building would back up tc North property line, which also backs up to a twenty -foot wide alley. The yard setback for a building in the GB zone is twenty-five feet. The applica proposing to locate the building approximately eight to nirn:: feet from the property line, which would result in an encroachment of si ;teen to sevens feet, but with the twenty -foot alley, the building would be twenty-eight to twE nine feet from the property line of the adjacent residential property. Staff favor of the variance in order to keep parking and traffic in front of the buil rather than behind the building in close proximity to the residence loa behind the proposed building. 4. APPLICANT PRESENTATION Davis Wilson, representative and architect for the applicant, stated that approached the resident in the house behind the subj:)ct property. applicant proposed to buy the resident's half of the alley, proposed to pavE alley, and proposed to leave the alley landscaped. ThE applicant and resident both agree that it would be best to leave the alley landscaped, but would like direction on where to put the landscape scre,iming in lieu of fence that is required. Mr. Wilson also stated that the buil,-ling would be L for retail. The majority of the retail space will be a store for the owner's wi sell teacher supplies and school uniforms. will be scheduled for the next meeting. This application is only for the variance from the setback requirements. 7. ADJOURNMENT OF PUBLIC HEARING The public hearing was adjourned at 6:16pm. 8. CONSIDERATION AND POSSIBLE ACTION OF APPLICATION 05-06 Board Member Don Glenn made a motion to approve the ktariance. Boai Member Anne Talbot seconded the motion. The vote wa,,: 5 to 0. All members voted for the variance. V05-06 was approved. VARIANCE APPLICATION NO. 05-01 CALL PUBLIC HEARING TO ORDER The public hearing was called to order at 6:17pm. 2. PURPOSE OF HEARING: A request by Huitt-Zollars, Inc., applicant for O'Reilly Automotive, Inc., ow for a variance from the requirements of Section 23.2 (f) Fe -ice Regulation the Land Use and Urban Development Ordinance of said City, on the follo� described property, to wit: 0.8609 acre tract of land in Section 17 of the H. T. & B. R. R. Company Sur Abstract 242, Westchester Estates, Lot 17, City of Pearlan (1, Brazoria Cot Texas (Located at the Southwest Corner of FM 518 (Brc,adway Street) Westchester Circle) 3. STAFF REPORT Senior Planner Theresa Grahmann explained that the subji:!ct property is b developed with an O'Reilly Auto Parts store. The property is zoned GB, a is adjacent to a property that is zoned R1. The ordinance requires a fen( be installed by the non-residential user. There is an existing fence that installed by the residential user. The applicant wants to usf; the existing ft rather than putting up another fence. She also explained that if this varian approved, but if some day in the future the fence is remc,ved, the ordin, would require the fence to be replaced with at least a s K -foot tall mas fence. Diana Hamm, resident of 2726 Westchester Circle, stated Ihat she would for the fence to stay. Goodyear Tires, the other business in that area, paic the fence materials, and her and her husband provided the labor of puttinc the fence. She is concerned that a driveway is going in on Westchester Ci and the fence does not come out far enough. She is also concerned traffic, people walking by, and vandalism. She wanted to know if she could O'Reilly Auto Parts to add two more sections of fence. 6. STAFF / BOARD / APPLICANT DISCUSSION Chairperson Dale Pillow asked if the fence goes all the way to the right -of - line, and if there would be a driveway installed on Westch:�ster Circle. J. Riggenbach, representative of Huitt Zollars, explained that the fence doe: all the way to the right-of-way, and that there will be two driveways installer Westchester Circle. Chairperson Dale Pillow clarified that i -le eight -foot fE cannot come forward anymore because it would be in thE! right-of-way. applicant explained that O'Reilly Auto Parts also has a landscape plan tha. help with screening. Alternate Board Member James Line asked if tl would be a machine shop at the store. The General Mana :ler of O'Reilly) Parts stated that there is a machine shop, but it is located nside the built Alternate Board Member James Lane pointed out that the fence is intended to serve as a sound barrier, and he wanted to make sure that the fence would be enough to block the sound. Jared Riggenbach said that building is situated eighty feet from the property line. Chai person Dale P wanted to know if the Board could ask O'Reilly Auto Parts to bridge the ge the fences. Nick Finan, Director of Community Services, said that we c make a stipulation that the issue gets worked out between -le homeowner O'Reilly Auto Parts. 7. ADJOURNMENT OF PUBLIC HEARING The public hearing was adjourned at 6:36pm. 8. CONSIDERATION AND POSSIBLE ACTION OF APPLI(:ATION 05-01 Board Member Anne Talbot made a motion to approve tl e variance witl' condition that O'Reilly Auto Parts and the property owner work ou agreement on the fence alignment at the expense of O'Reilly. Alternate B Member James Lane seconded the motion. The vote was 5 to 0. variance was approved. requirements of Section 5.4 (1) (b) Minimum Lot Width, of the Land Use Urban Development Ordinance of said City, on the fallowing descri property, to wit: 2.488 acres of land out of Lot 5, Hickory Place Subdivision, Abstract 310, 1 & B.R.R. Company Survey, as recorded in Volume 18, Pe ge 333, of the Records of Brazoria County, Texas, City of Pearland, Braz:)ria County, TE (Generally Located South of Hughes Ranch Road (CR 401), and on the E Side of Bryan Court) 3. STAFF REPORT Senior Planner Theresa Grahmann explained that this appli:,ant has applies RE zoning. It is a "flag" lot, but because of the frontage it cannot be zoned without a variance for lot width. If the variance for lot width i!; not approved owner cannot get any residential zoning because the lot width is only thirty 1 4. APPLICANT PRESENTATION None 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 was adjourned at 6:39pm. 8. CONSIDERATION AND POSSIBLE ACTION OF APPLICATION 05-02 Board Member Willard Briley made a motion to approve the variance. B Member Don Glenn seconded the motion. The vote was 5 --o 0. Variance' 02 was approved. VARIANCE APPLICATION NO. 05-03 1. CALL PUBLIC HEARING TO ORDER Lots 17 and 18, Block 5, of Green Tee Terrace, Section 1, Ein addition in H� County, Texas, according to the map or plat thereof recorded in Volume Page 28, of the Map Records of Harris County, Texas, City :)f Pearland, H� County, Texas (3009 Green Tee Drive) 3. STAFF REPORT Senior Planner Theresa Grahmann explained that this applicant is askin encroach into the rear yard setback that is required by ordinance. The prop is zoned R1, and the minimum rear yard setback is twenty feet. Ther currently a detached garage on the property. The applicant wants to buil( addition that would connect the house and the garage. This addition w( then cause the detached garage to become part of the main struct Setbacks for an accessory or detached structure are differimt. The reque a fourteen -foot encroachment. 4. APPLICANT PRESENTATION Ralph Lowe, applicant, explained that the detached garagi) was converte living space. There is a drainage easement behind the how;e, and nothing be built behind the house. His granddaughter is wheelcl- air bound, and addition would make the house accessible for her and allow her to stay for periods of time. 5. PERSONS WISHING TO SPEAK FOR OR AGAINST THE_ PROPOSED REQUEST None 6. STAFF / BOARD / APPLICANT DISCUSSION Senior Planner Theresa Grahmann stated that the property, does back up drainage easement. The site plan submitted by the applicEint shows a sixti foot utility easement at the back of the property. The detai::hed garage is over the easement. Staff would need to check to see if tl- a homeowner permission to build on the utility easement. Mr. Lowe explained that the uti are located on the street in front of the house, down both sides of the sti Chairperson Dale Pillow asked what would happen with th;) utility easem( the variance were approved. Deputy City Attorney Nghif!m Doan expla that a Waiver of Encroachment would have to be approve) by all entities have interest in the easement. Mr. Lowe said that the easement has not k used since the 1970s. Theresa Grahmann said this might be true. rinri rmcn+ ci rhmiffnrl h1l +hc Mnnlinnnf 1AM0 nn+ nn nnnrn rnrl r%l-m+ C+nf� Alternate Board Member James Lane made a motion to apl:�rove the variar Board Member Willard Briley seconded the motion. The vote was 5 b V05-03 was approved. VARIANCE APPLICATION NO. 05-04 1. CALL PUBLIC HEARING TO ORDER The public hearing was called to order at 6:49pm. 2. PURPOSE OF HEARING: A request by Pearland Lumber Company, Inc., owner, fcr a variance ur Section 28.6 Repairs and Alterations, of the Land Use and Ur Development Ordinance of said City, on the following de;;cribed properti. wit.. 10.00 acre tract of land located in the H.T. & B.R.R. Company Sur Abstract 542, Tract 12 and 12A and 138, City of Pearlan(!, Brazoria Coy Texas (2027 N. Main Street) 3. STAFF REPORT Senior Planner Theresa Grahmann explained that this application is a spf exception to replace a non -conforming pole sign. The or:linance states non -conforming signs can stay as long as they are not removed. The Sta. Texas has contacted this property owner for additional might -of -way for widening of Highway 35. A non -conforming sign is located on a portion o land being acquired. The applicant is asking for permisE on to put the i conforming sign back up on the property. The sign would still be i conforming, and if it was destroyed or removed at a later c ate, it would nc allowed to be replaced. 4. APPLICANT PRESENTATION The applicant, Larry Loessin with Pearland Lumber Company, explained the State wants to take a portion of the property. His busiress has been t' a long time, and he feels that the sign defines the busine:;s. 5. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None the State is going to compensate them for the sign, but no: enough to bui new sign. Chairperson Dale Pillow asked if the owner has considered brine the sign into compliance. The applicant stated that he would like to keep fence that is currently in front of the property and the fencc would cover L sign built according to current ordinance requirements. Theresa Grahm explained that many property owners along Highway 3:') are going to affected by the taking of right-of-way. If the variance were denied, the would have to be replaced by a conforming sign. Dire(:tor of CommL Services Nick Finan said that the owner had expre :,sed that Tx[ compensation would only cover the relocation of the sign, not compensation of the sign. The owner said the he understood that TxDOT required to compensate for the percentage of business bro .fight in by the sib but that the amount of money was immaterial. Deputy Cii,t Attorney Ngh Doan said that the money is material because the owner is I:eing compens,, for removing the sign altogether. The applicant stated that he is bi compensated for the loss of the sign, two parking spat:�s and the sqi footage of the land being taken. 7. ADJOURNMENT OF PUBLIC HEARING The public hearing was adjourned at 7:02pm. 8. CONSIDERATION AND POSSIBLE ACTION OF APPLICATION 05-04 Board Member Don Glenn made a motion to approve the variance. Bc Member Willard Briley seconded the motion. The vote was 0 to 5. All B( Members were against the variance. V05-04 was denied. VARIANCE APPLICATION NO. 05-05 CALL PUBLIC HEARING TO ORDER The public hearing was called to order at 7:03pm. 2. PURPOSE OF HEARING: A request by Al Coker, owner, for a variance from the requirements of Sec 22.6 Building Facades, of the Land Use and Urban Develo :►ment Ordinani said City, on the following described property, to wit: 2.540 acre tract of land located in the Ray Bellew and Son:: Subdivision, L Tracts 73B — 73B2, Abstract 542, H. T. & B. R. R. Compi: ny Survey, Ci 0enrinnr4 Qr�rin i`niinft/ Tnvno 11 nrnnforl of 4014; AI AA-3in Cfrnmfl vacant for more than six months and it is non-conformin,:l, so it must rr current ordinance requirements. The building is currently :)rick and meta 4. APPLICANT PRESENTATION Al Coker, the applicant, stated that he also owns the property next d Pearland Alternator. He stated that Pearland Alternator occupied the buil( during the past six months. In February, he did not rene'N the lease of glass company that was in the building. He got a permit from the City to the lights turned on, and now he wants to lease the buildin(I again. He did have water service to the building during those six months :)ecause he did need water. Employees used the restrooms at the other building. Mr. C( explained that he is now leasing the building to Spic and Span Cleai Services. He paid fifty dollars to the City back in February, :cnd he thought allowed occupancy. 5. PERSONS WISHING TO SPEAK FOR OR AGAINST TH i= PROPOSED REQUEST TJ Walton stated that he works for Al Coker. The building has been use( Pearland Alternator. They received a green tag for electricity. There wa water to the building because they did not need water o - a dumpster. building was not abandoned. 6. STAFF / BOARD / APPLICANT DISCUSSION Director of Community Services Nick Finan explained that .:cbandonment c not mean the building was physically abandoned. A temporary Certifica- Occupancy would have been required to get electricity to snow the buildin leasing. Deputy City Attorney Nghiem Doan said that the d::cision of the B, should not be based on abandonment. This denial of this � ariance would k the building into conformance. Al Coker showed the Board the Te Occupancy Permit. He assumed that was his Certificate of Occupancy. would not intentionally abandon the building. Senior Planner The Grahmann explained that the building is non -conforming. f the variance l approved, it would always go with the property, and the b.iilding would n be brought into compliance with our City ordinance. Mr. Walton said that met with Nick Finan and some other City officials. Deputy City Atto Nghiem Doan stated that this is not an issue of interpret:(tion. The iss( whether or not to issue a variance for the fagade of the building. Board Member Anne Talbot made a motion to approve th;) variance. Bc Member Willard Briley seconded the motion. The votE� was 0 to 5. members opposed. The variance was denied. ADJOURNMENT OF REGULAR MEETING The regular meeting was adjourned at 7:17pm. e minutes respectfully submitted by s ey ar i dmi trativessistant oved as submitted and/or correct this 3rd day of February, 2005, A.D. Dale Pillow, Chairperson