2005-03-03 ZONING BOARD OF ADJUSTMENT REGULAR MEETING AND PUBLIC HEARING MEETING MINUTESZONING
BOARD OF ADJUSTMENT
REGULAR MEETING and PUBLIC HEARING
MINUTES
THURSDAY, MARCH 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 6:03 pm with the following in attendance:
Chairperson Dale Pillow
Board Member Anne Talbot
Board Member Marvin Elam
Alternate Board Member James Lane
Absent were Board Members Glenn and Wiley.
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 — February 3, 2005 Meeting
Alternate Board Member James Lane made a motion to approve the minutes with correction.
Board Member Anne Talbot seconded. Board Member Marvin Elam suggested that the
statement from Deputy City Attorney Nghiem Doan regarding the size of the variance
request on Application No. 05-07 being too large for this board to hear would be clarified by
adding that a variance this large may constitute a legislative action.
The vote was 4 to 0 to approve the minutes with the correction.
III. NEW BUSINESS
A. VARIANCE APPLICATION NO. 05-09
1. CALL PUBLIC HEARING TO ORDER
The Public Hearing was called to order at approximately 6:10 pm.
2. PURPOSE OF HEARING:
A request by Tracy Migura, applicant for J. Patrick Homes, owner, for a variance
from the requirements of Section 8.4 (2) (c) Yard Setback Requirements of the
Land Use and Urban Development Ordinance of said City, on the following
Page 1 of 3 - Minutes -- March 3, 2005
described property, to wit:
Lot 3, Block 2, of Sunrise Lake Section 7, H.T. & B.R.R. Company Survey,
Abstract 506, according to the plat or map recorded in Volume 24, Page 40, of
the Brazoria County Plat Records, of the City of Pearland, Brazoria County,
Texas (Located at 9106 Sunrise Trail)
3. STAFF REPORT
Senior Planner Theresa Grahmann explained the process of the public hearings,
and that it takes four positive votes from the Board Members in order for a
Variance Application to be approved.
This application is for a side yard encroachment of six inches. The applicant
states that the home builder can not meet the required fifteen -foot separation
between the houses on the east side because of the house plan they have
chosen for this lot. Ms. Grahmann stated that the lots on Sunrise Trail are about
the same size and the setbacks have been met on those that are already built.
There were no Public Comment Forms received.
4. APPLICANT PRESENTATION
Tracy Migura, applicant for J. Patrick Homes, made the presentation. Mr. Migura
stated that he has Public Comment Forms from five of the surrounding owners,
who are for the proposed variance. J. Patrick Homes built the property to the
west of the subject property, and Pulte built on the east side. Mr. Magura stated
that Pulte Homes inadvertently put a 45 -foot wide house on the east side of the
subject property with a side yard setback of eight feet on one side and seven feet
on the other. Mr. Magura stated that J. Patrick Homes would have to redesign a
house just for that lot because they were not left with enough room for the normal
setback.
5. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED
REQUEST
None
6. STAFF / BOARD / APPLICANT DISCUSSION
There was discussion about the fifteen -foot setbacks. The hardship as stated
by the applicant is that they would have to redesign a house for the lot.
7. CONSIDERATION AND POSSIBLE ACTION OF APPLICATION 05-09
Board Member Anne Talbot made a motion to approve, and Alternate Board
Member James Lane seconded.
The vote was 1 to 3. Board Member Talbot voted for, and Board Members
Lane, Pillow and Elam voted against. The request was denied.
8. ADJOURNMENT OF PUBLIC HEARING
The Public Hearing was adjourned at 6:13 pm.
IV. ADJOURNMENT OF REGULAR MEETING
The Regular Meeting was adjourned at approximately 6:14 pm.
Page 2 of 3 - Minutes -- March 3, 2005
These minutes are respectfully submitted by
C rlaz-e J4,a4l - -
Plannin AdmWstrafive'becVetary
Approved as submitted and/or corrected this J+4- day of 2005.
4"04,
Dale Pillow
Chairperson
Page 3 of 3 - Minutes - March 3, 2005