2006-03-16 ZONING BOARD OF ADJUSTMENT SPECIAL MEETING AND PUBLIC HEARING MEETING MINUTESZONING
BOARD OF ADJUSTMENT
SPECIAL MEETING and PUBLIC HEARING
MINUTES
THURSDAY, MARCH 16, 2006
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 Marvin Elam
Board Member Kerry Mohammadian
Board Member Don Glenn
Also in attendance: Planner 1 Diana DuCroz, Deputy City Attorney
Nghiem Doan, and Planning Administrative Secretary Judy Krajca.
II. APPROVAL OF MINUTES: December 1, 2005
Board Member Don Glenn made the motion to approve the minutes, and
Member Marvin Elam seconded. The vote was 4-0 for approval of the
minutes.
III. NEW BUSINESS
A. VARIANCE APPLICATION NO. 06-01
1. CALL PUBLIC HEARING TO ORDER
Chairperson Dale Pillow called the public hearing to order at
6:01 p.m.
2. PURPOSE OF HEARING
Chairperson Dale Pillow read the purpose of hearing as
follows:
A request by Joe Milton, AIA, for Brandon Nguyen, owner,
for a variance from the requirements of Section 8.4(2) Yard
Page 1 of 3 - Minutes - March 16, 2006
Setback Requirements of the Land Use and Urban
Development Ordinance of said City, on the following
described property, to wit:
Lot 30, Block 1, Section 1, Creekside Subdivision, City of
Pearland, Brazoria County, Texas (Located at 3108 Creek
Bank Lane).
3. STAFF REPORT
Planner I Diana DuCroz gave the staff report stating the
applicant requested a variance to the rear yard setback for a
new addition to an existing house. The addition is already
partially constructed and encroaches into the rear yard. The
required rear yard setback in the R-3 zone is 20 feet. The
applicant is requesting permission to encroach into this rear
yard by fifteen inches.
Staff received one Public Comment Form against this
variance.
4. APPLICANT PRESENTATION
Brandon Nguyen, owner, spoke in regards to the addition
being built on the rear of his home at 3108 Creek Bank
Lane. He stated that a contractor was hired to do this
addition for $4500. The owner paid the contractor $2500 in
advance, with the remaining due upon completion of the
addition. After a neighbor alerted Mr. Nguyen that a permit
was required by the City, Mr. Nguyen asked the contractor
about a permit, and was told he was getting with an
engineer. The owner did not hear or see the contractor after
this conversation. Mr. Nguyen sought to get a permit,
himself; however, he was denied, because of the
encroachment into the rear yard setback, and a variety of
outstanding items. Mr. Nguyen asked the ZBA Members to
grant this variance, so that the partially constructed addition
might be finished.
5. PERSONS WISHING TO SPEAK FOR OR AGAINST THE
PROPOSED REQUEST
A neighbor, Mr. Joseph W. Pickens, of 3104 Creek Bank
Lane, spoke in favor of the variance, stating this addition
cannot be seen from the road, and would look nice,
matching the existing home.
6. STAFF/BOARD/APPLICANT DISCUSSION
Board Member Don Glenn asked the owner if there was ever
Page 2 of 3 - Minutes - March 16, 2006
a set of plans that he was building from. Mr. Nguyen replied
that the idea was discussed, but did not see any drawings.
Deputy City Attorney Nghiem Doan asked the owner if he
talked about any of the construction with the Contractor. Mr.
Nguyen stated that he talked with the Contractor, but his wife
dealt with him most of the time.
There was discussion among the
Board/Staff/Attorney/Applicant, including the fact that a small
patio slab pre-existed; however, the foundation for the
addition did not pre-exist.
7. ADJOURNMENT OF PUBLIC HEARING
Chairperson Pillow closed the public hearing at 6:19 p.m.
Board Member Marvin Elam made a motion to approve the
Variance No. 06-01, and Board Member Kerry
Mohammadian seconded the motion.
The vote was 0-4. The Variance was denied.
III. ADJOURNMENT
The Regular Meeting adjourned at 6:20 p.m.
These minutes respectfully submitted by:
Judy 1 rajca ✓ I J
Planning Administrative Secretary
Minutes approved as submitted and/or corrected on this ' day of
2006, A.D.
Dale Pillow
Chairperson
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