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2005-02-03 ZONING BOARD OF ADJUSTMENT REGULAR MEETING AND PUBLIC HEARING MEETING MINUTESZONING BOARD OF ADJUSTMENT REGULAR MEETING and PUBLIC HEARING MINUTES THURSDAY, FEBRUARY 3, 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 6:00 pm. The following people were in attendance: Chairperson Dale Pillow Board Member Anne Talbot Board Member Marvin Elam Alternate Board Member James Lane Absent were Board Members Glenn and Briley. Also in attendance were Planning Director Lata Krishnarao, Senior Planner Theresa Grahmann, Planner 1 Diana DuCroz, Deputy City Attorney Nghiem Doan and Planning Administrative Secretary Melisa Durham. II. APPROVAL OF MINUTES — January 6, 2005 Meeting Alternate Board Member James Lane made a motion to approve the minutes as presented. Board Member Anne Talbot seconded the motion. The vote was 4-0 to approve. III. NEW BUSINESS A. VARIANCE APPLICATION NO. 05-07 1. CALL PUBLIC HEARING TO ORDER The Public Hearing was called to order at 6:05 pm. 2. PURPOSE OF HEARING: A request by BRR Architects represented by Chelsea Covington, applicant for Wal- Mart, owner, for a variance from the requirements of Section 24.4 Height Restrictions and 24.5 Size and Type Restrictions by Zoning District, of Chapter 24 Signs of the Land Use and Urban Development Ordinance of said City, on the following described property, to wit: 30.34 acre tract of land situated in the H. T. & B.R.R. Company Survey, Section 1, Abstract 233, and the R. B Lyle Survey, Section 2, Abstract 542, of the City of Pearland, Brazoria County, Texas (Located at 1919 N. Main Street) Page 1 of 3 -- Minutes - February 3, 2005 3. STAFF REPORT Planning Director Lata Krishnarao explained the process of the public hearings. She also explained that it takes four positive votes from the Board Members in order for a Variance Application to be approved. This application is regarding signage for the property located at 1919 N. Main Street where a new Wal-Mart store is being proposed. The applicant is requesting a variance on the height of the freestanding sign. The current ordinance allows a 10 -foot sign and the applicant is requesting a 30 -foot sign in front of the property. The applicant is also requesting a variance on the square footage. The ordinance permits a maximum of 100 square feet for a ground sign, and 200 square feet for the wall sign. The applicant is proposing 140.50 square feet on the ground sign and 1,135.39 square feet for the wall sign, for a total of 975.89 square feet over the ordinance standard. It is the Staff's opinion that granting a variance to allow larger signs might adversely affect visibility of existing and future signage in the vicinity of the subject property. The Board denied a similar variance request by the Wal-Mart at Dixie Farm Road in November of 2002. The Unified Development Code is being developed and will address the sign proportions for large-scale structures. Two Public Comment forms were received: one for and one against. 4. APPLICANT PRESENTATION Chelsea Covington of BRR Architects, on behalf of Wal-Mart, made the applicant presentation. The reasons for the Variance Request is for guidance of consumers to the entrance of the store, the setback from the main road and visibility of the signage, safety of consumers, and visual impact on the long expanse of the building exterior. 5. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None 6. STAFF / BOARD / APPLICANT DISCUSSION Board MemberAnne Talbot asked Ms. Covington whythe variances were requested at this time, ratherthan waiting forthe rewritten guidelines underthe Unified Development Code. Ms. Covington stated that Wal-Mart has directed their company to proceed so that signage could be in place during construction. Deputy City Attorney Nghiem Doan stated that this request is too large of a variance for this Board to decide, because a variance this large may constitute a legislative action. Alternate Board Member James Lane asked whether the setback of this Wal-Mart building is greater than at other Wal- Mart stores. Ms. Covington said that the building is further back, but is about the same square footage as other Wal -Marts and in a different configuration. 7. ADJOURNMENT OF PUBLIC HEARING The Public Hearing was adjourned at 6:22 pm. 8. CONSIDERATION AND POSSIBLE ACTION OF APPLICATION 05-07 Board Member Anne Talbot made a motion to approve the variance request. Alternate Board Member James Lane seconded the motion. The vote was 0 to 4. Variance Application 05-07 was denied. B. VARIANCE APPLICATION NO. 05-08 1. CALL PUBLIC HEARING TO ORDER The Public Hearing was called to order at 6:22 pm. Page 2 of 3 Minutes — February 3, 2005 2. PURPOSE OF HEARING: A request by Justin Ordeneaux, applicant for Newmark Homes Corporation, owner, for a variance from the Front Yard Setback Requirements for Single Family Residential, of Ordinance No. 509-268 (Shadow Creek Ranch Planned Unit Development Ordinance), on the following described property, to wit: Lot 31, Block 1, of Shadow Creek Ranch SF - 16B, according to the map or plat thereof recorded in Volume 23, Page 273-276, of the Plat Records of Brazoria County, Texas, of the City of Pearland, Brazoria County, Texas (Located at 2912 Morning Brook Way) 3. STAFF REPORT Planning Director Lata Krishnarao explained that the applicant is requesting a variance of the front yard setback. The required front yard setback is 20 feet because of the cul- de-sac location on the property. The house is already built, and there was an encroachment of approximately 6 to 12 inches in the front yard. The encroachment is partial, and is limited to the curved portion of the property line. There were no Public Comment Forms received. 4. APPLICANT PRESENTATION Morgan Moore, representative of Newmark Homes, stated that they have made improvements to the process to prevent this type of occurrence in the future. 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 6:24 pm. 8. CONSIDERATION AND POSSIBLE ACTION OF APPLICATION 05-08 Board Member Marvin Elam made a motion to approve the variance. Board Member Anne Talbot seconded the motion. The vote was 4 to 0. Variance Application 05-08 was approved. IV. ADJOURNMENT OF REGULAR MEETING The Regular Meeting was adjourned at 6:26 pm. These minu are res ectfully submitted by Plannin Admin trativ Se etary Approved as submitted and/or corrected this day of -Al- 2005. Dale Pillow, Chairperson Page 3 of 3 - Minutes - February 3, 2005