Loading...
2006-08-03 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTES THURSDAY, AUGUST 3, 2006 6:00 P.M. COUNCIL CHAMBERS OF CITY HALL 3519 LIBERTY DRIVE PEARLAND, TEXAS CALL REGULAR MEETING TO ORDER The Regular Meeting was called to order at 6:01 p.m. with the following in attendance: Chairperson Dale Pillow Board Member Don Glenn Board Member Marvin Elam Alternate Board Member Anne Talbot Also in attendance were Senior Planner Theresa Grahmann, Deputy City Attorney Nghiem Doan, and Planning Administrative Secretary Judy Krajca. Planning Director Lata Krishnarao arrived at 6:15 p.m. II. APPROVAL OF MINUTES: July 6, 2006 Board Member Marvin Elam made the motion to approve the minutes, and Board Member Don Glenn seconded. The vote was 4-0 for approval. III. NEW BUSINESS A. VARIANCE APPLICATION NO. 2006-06 1. CONDUCT PUBLIC HEARING Chairperson Dale Pillow called the public hearing to order at 6:02 p.m. a. PURPOSE OF HEARING Chairperson Dale Pillow read the purpose of hearing as follows: A request by Ron Rushing, applicant for IHOP Corporation, owner, for an Appeal of Interpretation as defined in Section 1.1.5.2 of the Unified Development Code, Ordinance No. 2000T, regarding the interpretation of the approved color palette as Page 1 of 5 ZBA Minutes 8/3/06 ZONING BOARD OF ADJUSTMENT required by Section 2.4.5.1 (d) (3) of the Unified Development Code, Ordinance No. 2000T, of said City, on the following described property, to wit: 1.0497 acres of land, being Lot 2, Block 1, of the Final Plat of Lowe's Home Center Pearland, Thomas J. Green Survey, Abstract 198, City of Pearland, Brazoria County, Texas (Generally located at the Northeast Corner of FM 518 (Broadway Street) and Pearland Parkway) b. STAFF REPORT Senior Planner Grahmann read the Staff report. Ms. Grahmann explained that as part of the approval of the Unified Development Code, a Corridor Overlay District (COD) was created. The ordinance states "building colors shall be provided in accordance with an approved color palate". The color palate contains many colors, but does not contain shades of blue or red. The applicant wants to remodel the IHOP and would like to use blue and red on the exterior of the building. C. APPLICANT PRESENTATION Mr. Darrell Wright of 6235 S. Bayou Knolls, Houston, Texas spoke on behalf of the applicant. He stated that a blue roof impacts their business, as this is their identity. Lowes and CVS have blue and red, and this is a part of their identity. The applicant is asking for a blue roof, blue awnings, and red trim. Mr. Wright explained that they were asking for the Zoning Board of Adjustment to allow them to go back to a blue roof, and would use the "Crimson Sky" color, instead of red, as this is a color that the City of Pearland has used on their signs constructed at all of the entrances into Pearland, namely the one at the intersection of Broadway Street and Pearland Parkway. A folder was handed out with photo's of surrounding businesses and a color sample of Crimson Sky. d. PERSON WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Mr. Sam Enchassi of 4914 Boulder Meadow Ln., Katy, Texas also spoke in favor of the colors blue and red being used. Page 2 of 5 ZBA Minutes 8/3/06 ZONING BOARD OF ADJUSTMENT Ms. Tabitha Rodriguez of 9015 Rosetti, Houston, Texas also spoke in favor of the colors. She is the manager of the IHOP at the intersection of Broadway Street and Pearland Parkway. e. STAFF/BOARD/APPLICANT DISCUSSION Board Member Marvin Elam spoke in favor of IHOP being allowed to have the blue and red, as he felt it was a part of their identity. Board Member Elam asked Deputy City Attorney Doan why IHOP could not be granted this when they already are an established business. Mr. Doan responded by stating that the following question had to be answered: "Is there a hardship?" Mr. Doan explained that the City of Pearland has a color palate. The colors requested are not on the color palate. Board Member Elam stated that none of these were colors, but hues. Senior Planner Grahmann stated that in the Corridor Overlay District, CVS had red brick, and that this is acceptable. However, the red window trim may have been permitted in error. Chairperson Pillow reminded the Board Members that at the time City Council adopted this color palate, they set a limit on colors. IHOP was present at these meetings, and were aware of the color palate at the time, and they chose to build in the Corridor Overlay District knowing this. Board Member Glenn asked if the color maroon or Crimson Sky was in the color palate. Ms. Grahmann stated it was not. Chairperson Pillow stated that signs can have many colors and that IHOP does have a blue sign. Alternate Board Member Talbot stated that the City of Pearland is trying to encourage economic development. She felt that IHOP should be granted the variance in order to use blue and red on their building. Mr. Darrell Wright spoke briefly on the importance of their sign and rooftop being blue was important as it Page 3 of 5 ZBA Minutes 8/3/06 ZONING BOARD OF ADJUSTMENT helped to identify their restaurant for those looking for an IHOP. Planning Director Lata Krishnarao reminded the Zoning Board of what was being asked of them. She stated that the applicant is not asking for a variance, but was asking for an appeal of interpretation of the colors blue and red. She also stated that if they were asking for a variance, was there a hardship? She reminded the Board that all other Franchises have the same color hardship. She also asked the Board if the Ordinance needed to be modified, in order to allow additional colors on August 7, 2006 when the City Council and the Planning and Zoning Commission will be holding a Joint Workshop to discuss changes to the Unified Development Code. If the community desires that they do not want this specific color palate, then they should voice their opinions. Ms. Krishnarao stated that the Planning Staff would bring this issue up at the Workshop, and two weeks later, on August 21, 2006, they would hold a Joint Public Hearing on the Unified Development Code. Chairperson Pillow stated she felt it was a Council decision. Alternate Member Talbot stated maybe they could make an exception to old businesses. Ms. Krishnarao stated that they may qualify to be grandfathered and would look into vested rights. f. ADJOURNMENT OF PUBLIC HEARING Chairperson Dale Pillow called for the hearing to be adjourned at 6:32 p.m. 2. CONSIDER VARIANCE APPLICATION NO. 2006-06 Board Member Don Glenn made a motion to approve Variance No. 2006-06, and Board Member Marvin Elam seconded the motion. The vote was 2-2. The variance was denied. Chairperson Pillow and Member Glenn voted against the motion, and Members Elam and Talbot voted in favor of the motion. Therefore, the item was denied. Page 4 of 5 ZBA Minutes 8/3/06 ZONING BOARD OF ADJUSTMENT IV. ADJOURNMENT The regular meeting adjourned at 6:36 p.m. These minutes respectfully submitted by: Judy Kr Hca, PI nning Ad inistrative Secretary Minute a proved as submitted and/or corrected on this Z`" day of 2006, A.D. -OV, i ga��-- Dale Pillow, Chairperson Page 5 of 5 ZBA Minutes 8/3/06