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2005-10-06 ZONING BOARD OF ADJUSTMENT REGULAR MEETING AND PUBLIC HEARING MEETING MINUTESZONING BOARD OF ADJUSTMENT REGULAR MEETING and PUBLIC HEARING MINUTES THURSDAY, OCTOBER 6, 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 6:05 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: Planning Director Lata Krishnarao, Deputy City Attorney Nghiem Doan and Planning Administrative Secretary Judy Krajca. II. APPROVAL OF MINUTES: September 1, 2005 — Regular Meeting Board Member Anne Talbot made the motion to approve the minutes and Member Willard Briley seconded. The vote passed 5-0 in favor. III. NEW BUSINESS A. VARIANCE APPLICATION NO. 2005-21 1. CALL PUBLIC HEARING TO ORDER Chairperson Dale Pillow called the public hearing to order at 6 :06 p.m. 2. PURPOSE OF HEARING Planning Director Krishnarao read the purpose of hearing as follows: A request by Manuel Vasquez, Proworx, for Memorial Hermann Healthcare Systems, owner, for a variance from the requirements of Section 24.1(3)0) of Chapter 24 Signs of the Land Use and Urban Development Ordinance of said City, on the following described property, to wit : Page 1 of 4 - Minutes - October 6, 2005 Being 108.8052 acres of land out of the TCCR Co. Survey, Section 4, A-675, City of Pearland, Brazoria County, Texas (Located at the NW corner of S.H. 288 and F.M. 518). 3. STAFF REPORT Ms. Krishnarao gave the staff report explaining the applicant is requesting a variance to the regulations in order to allow a total of 231 sq. ft. of sign area. The applicant has attached a sign announcing the 2006 opening of a new Memorial Hermann hospital over an existing community welcome sign, that has since expired, but failed to be removed. The applicant's original letter states the increased sign area is needed for readability from SH 288 and is important to the successful development of the property. Staff does not see the hardship or special circumstances in this case. Staff received public comment forms, one in opposition, and one in favor of this variance. Staff recommends denial of this variance. 4. APPLICANT PRESENTATION Manuel Vasquez, owner of ProWorx, Inc. was present to speak. His address is 5726 Clairewood, Houston, TX 77081. Mr. Vasquez began his presentation by stating that he agreed the sign was in violation, but that it is only 7' X 30'. He was unsure why the existing sign was left. They only need the sign to remain there for 10 months. Mr. Jerry Mick with Hermann Healthcare Systems was present to speak. He agreed they were negligient in placing the sign up. There were no other roads to place a sign on for visibility. He also stated that the sign would come down as soon as completion is done. 5. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST City Assistant Attorney stated that the sign is seven times the size required. 6. STAFF/BOARD/APPLICANT DISCUSSION There was no comment from the Board/Staff/Applicant. 7. ADJOURNMENT OF PUBLIC HEARING Chairperson Pillow called for the hearing to be adjourned at 6 :19 p.m. Page 2 of 4 - Minutes -- October 6, 2005 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. B. VARIANCE 2005-22 Chairperson Dale Pillow called the public hearing to order at 6 :06 p.m. 2. PURPOSE OF HEARING Planning Director Krishnarao read the purpose of hearing as follows: A request by Chong Park for Bruce Honore, owner, for a variance from the requirements of Section 15.4(3) Yard Sebtack Requirements of the Land Use and Urban Development Ordinance of said City, on the following described property to wit: Lots 6, 7 and 8 out of the Detenbeck & Barnhart Subdivision as recorded in Volume 15, Page 10 of the Plat Records of Brazoria County, Texas (Located at 5902 Bardet St.). 3. STAFF REPORT Ms. Krishnarao gave the staff report explaining that the applicant is proposing to construct a new commerical building on the subject property as an extension of the existing structure on Lot 9. The existing building is set back 11.4 feet from the rear property line, and the applicant is requesting a variance to the 25 -foot rear setback requirement to allow a reduced setback for the new construction as well. It is not clear from the applicant what the hardship or special circumstances might be in this case. Staff recommends denial of this variance. 4. APPLICANT PRESENTATION Bruce Honore, owner of said property, was present to speak asking for the variance. He stated that he had tried to lease the property as is. He is wanting to build a building in hopes to lease it. Also present was the applicant, Chung Park. His address is 12438 Lago Bend W., Houston, TX 77041. He stated that there is no chance of getting a road to the rear of the building, and the required 25 foot setback is too much. Page 3 of 4 - Minutes - October 6, 2005 5. PERSONS WISHING TO SPEAKING FOR OR AGAINST THE PROPOSED REQUEST No one was present to speak. 6. STAFF/BOARD/APPLICANT DISCUSSION Ms. Krishnarao did state that they received one public comment in favor of the variance. There was no other comment from Staff/Board/Applicant. 7. ADJOURNMENT OF PUBLIC HEARING Chairperson Pillow called for the hearing to be adjourned at 6:28 p.m. Board Member Anne Talbot 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 6:29 p.m. These minutes respectfully submitted by: Judy Kr*a-, a, PI nin A in' trative Secretary Mi _utes approved as submitted and/or corrected on this day of �� E ✓ 2005. Dale Pillow Chairperson Page 4 of 4 - Minutes - October 6, 2005