2005-09-01 ZONING BOARD OF ADJUSTMENT REGULAR MEETING AND PUBLIC HEARING MEETING MINUTESZONING
BOARD OF ADJUSTMENT
REGULAR MEETING and PUBLIC HEARING
MINUTES
THURSDAY, SEPTEMBER 1, 2005
6:00 P.M.
COUNCIL CHAMBERS OF CITY HALL
3519 LIBERTY DRIVE
PEARLAND, TEXAS
I. CALL REGULAR MEETING TO ORDER
The Regular Meeting was called to order at 6:00 pm. with the following in
attendance:
Chairperson Dale Pillow
Board Member Anne Talbot
Board Member Marvin Elam
Board Member Willard Briley
Board Member Don Glenn
Also in attendance: Planner 1 Diana DuCroz, Deputy City Attorney Nghiem
Doan, Alternate Board Member James Lane and Planning Administrative
Secretary Judy Krajca.
II. - APPROVAL OF MINUTES: August 4, 2005 — Regular Meeting
Chairperson Dale Pillow stated there was an error on the minutes of the last
page. The vote failed 1-4 and erroneously read "The vote failed 2-3", and
should be corrected.
Board Member Anne Talbot made the motion to approve the minutes with the
correction, and Member Willard Briley seconded. The vote passed 4 in favor,
and 1 abstention (Don Glenn abstained).
III. NEW BUSINESS
A. VARIANCE APPLICATION NO. 05-19
1. CALL PUBLIC HEARING TO ORDER
Chairperson Dale Pillow called the public hearing to order at
6:02 p.m.
Page 1 of 4 - Minutes - September 1, 2005
2. PURPOSE OF HEARING
Planner Ducroz read the purpose of hearing as follows
A request by Amber Beard, applicant for Newmark Homes,
owner, for a variance from the Side Yard Setback
Requirements for Single Family Residential of Ordinance
No. 509-268 (SCR -PUD), on the following described
property, to wit :
Lot 13, Block 1, of Shadow Creek Ranch SF -29, City of
Pearland, Brazoria County, Texas (Located at 12401
Evening Bay Drive).
3. STAFF REPORT
Ms. DuCroz gave the staff report explaining the applicant is
requesting a variance to the yard setback requirements for
corner lots. The standard setback requirements for corner
lots is 25 -foot front yard setback and a minimum yard of at
least 20 feet adjacent to the side street of a corner lot. In
this situation, the corner lot backs up to an abutting side yard
on Lot 14 of the plat. Because Shadow Creek Ranch
subdivision plat restricts all lots to front entry only, the
minimum setback along the side street of the subject
property is 15 feet instead of 20 feet. This 15 -foot setback is
called out on the recorded plat. The applicant is requesting
a variance to reduce the 15 -foot minimum setback in order to
construct a new home with a three -car garage option,
because the desired house plan will not fit within the
established setbacks for this lot.
4. APPLICANT PRESENTATION
Wayne Green, Sales Manager of Newmark Homes, and
present with him Justin Ordineaux, Project Manager with
Newmark Homes. Address is 1470 First Colony Blvd.,
Sugar Land, Texas 77479. Mr. Green began his
presentation by stating that they had a home buyer that
wished to build a 3 car garage on this particular lot, and
discovered that there was a 15 foot side yard setback. He
stated that only the garage encroaches the building line, not
the house itself.
Mr. Green brought with him information and plans of the
subdivision. None of the Board Members wished to view
these at this time. Ms. DuCroz did ask to look at them.
Page 2 of 4 - Minutes - September 1, 2005
5. PERSONS WISHING TO SPEAK FOR OR AGAINST THE
PROPOSED REQUEST
No persons spoke for or against the request.
6. STAFF/BOARD/APPLICANT DISCUSSION
Chairperson Pillow asked Deputy Attorney Doan to address
the fact that other homes were built previously in this same
subdivision with a 10 foot setback. Mr. Doan had no
information at this time and referred to Ms. DuCroz. She
stated that other sections did show 10 foot setbacks, and
were probably in error on the plat. Ms. DuCroz also stated
that one other corner lot home showed only a 10 foot
setback but did not abutt another lot.
There was additional discussion between Mr. Doan, Mr.
Green, Board Members and Ms. DuCroz. Mr. Green stated
that the applicant particularly wanted this lot and the home
with a three car garage, but could build on another lot.
Newmark Homes has offered to refund the applicant's
money or let them choose another lot. They were only
waiting on the outcome of this hearing.
7. ADJOURNMENT OF PUBLIC HEARING
Chairperson Pillow called for the meeting to be adjourned at
6 :15 P.M.
Board Member Don Glenn made a motion to approve the
Variance No. 2005-19, and Board Member Marvin Elam
seconded the motion.
The vote failed 0-5.
III. ADJOURNMENT
The Regular Meeting adjourned at 6:15 p.m.
These minutes espectfully s bmitted by:
'o:,,('
Judy Kra, Plarfng Adminittra&Ve Secretary
Page 3 of 4 - Minutes - September 1, 2005
M'utes approved as submitted and/or corrected on this day of
• - ' , 2005.
Dale Pillow
Chairperson
Page 4 of 4 - Minutes - September 1, 2005