2006-11-02 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESZONING BOARD OF ADJUSTMENT
REGULAR MEETING
MINUTES
THURSDAY, NOVEMBER 2, 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 by Chairperson Dale Pillow at
6:02p.m. with the following in attendance:
Chairperson Dale Pillow
Board Member Willard Briley
Board Member Marvin Elam
Alternate Board Member Anne Talbot
Also in attendance were Senior Planner Theresa Grahmann, and Deputy
City Attorney Nghiem Doan.
II. APPROVAL OF MINUTES: October 5 2006
Alternate Board Member Anne Talbot made the motion to approve the
minutes, and Board Member Marvin Elam seconded. The vote was 4-0
for approval.
III. NEW BUSINESS
A. VARIANCE APPLICATION NO. 2006-13
1. CONDUCT PUBLIC HEARING
Chairperson Dale Pillow called the public hearing to order at
6:04 p.m.
a. PURPOSE OF HEARING
Chairperson Dale Pillow read the purpose of the
hearing as follows:
A request by Suzanne Whistler, applicant for Don and Kitty
Montgomery, owners, for a variance from the requirements
of Section 2.4.2.8 (c) (2) Size of Yards, of the Unified
Development Code, Ordinance No. 2000-T, on the following
described property, to wit:
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Lot 10, Block 1, Be/lavita at Green Tee, Section 4, as
recorded in Clerk's File X817492, of the Harris County Map
Records, City of Pearland, Harris County, Texas (Located
at 2406 Monaldo Drive)
b. STAFF REPORT
Senior Planner Theresa Grahmann read the Staff
report. Ms. Grahmann explained that the applicant is
requesting a variance to the rear yard and side yard
setback required for the subject property. The
applicant is proposing to construct a patio cover in the
rear and side yards. The patio cover would extend
into the rear yard by 11 feet, and into the side yard by
10 feet. Staff received three public comment forms in
favor of the variance.
C. APPLICANT PRESENTATION
Suzanne Whistler, applicant, was present to speak.
She passed out numerous drawings and pictures of
the proposed patio cover.
d. PERSON WISHING TO SPEAK FOR OR AGAINST
THE PROPOSED REQUEST
Mr. Don Montgomery, the owner, spoke in favor of the
variance. Mr. James Warner of 2402 Monaldo,
Pearland, Texas spoke in favor of the variance. Mr.
Allen Womack of 2301 Tuscany Ct, Pearland, Texas
also spoke in favor of the variance,
e. STAFF/BOARD/APPLICANT DISCUSSION
Alternate Board Member Anne Talbot asked if they
could have built this last January under the old
ordinance. Ms. Grahmann stated that rear yard
setbacks and side yard setbacks still would have
prohibited them from building this proposed patio
cover as presented.
f. ADJOURNMENT OF PUBLIC HEARING
Chairperson Dale Pillow called for the hearing to be
adjourned at 6:17 p.m.
2. CONSIDER VARIANCE APPLICATION NO. 2006-13
Board Member Marvin Elam made the motion to
approve, and Alternate Board Member Anne Talbot
seconded.
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The vote was 1-3. The variance was denied.
Alternate Board Member Anne Talbot voted in favor.
B. VARIANCE APPLICATION NO. 2006-14
1. CONDUCT PUBLIC HEARING
Chairperson Dale Pillow called the public hearing to order at
6:18 p.m.
a. PURPOSE OF HEARING
Chairperson Dale Pillow read the purpose of the
hearing as follows:
A request by Rolando Rocha, owner, for a special exception
for a non -conforming use, under Section 2.7.3.7 Special
Exceptions for Nonconformities, of the Unified Development
Code, Ordinance No. 2000-T, on the following described
property, to wit:
0.475 acres of land, Lots 23 and 24, Block 3, of the Wagon
Wheel Subdivision, Abstract 509, H. T. & B. R. R. Company
Survey, City of Pearland, Brazoria County, Texas
(Generally Located on the North Side of Larrycrest Drive,
and on the East Side of Harkey Road)
b. STAFF REPORT
Senior Planner Grahmann read the Staff report. Ms.
Grahmann gave a brief review of the history of this
property, both under previous ownership and current
ownership. Recently, a zone change was requested.
The P&Z Commission denied this zone change, and
when it reached the City Council, they asked that the
applicant go forth with a request for a special
exception from the ZBA, to grant this for the
resurrection of a non -conforming use that has been
previously abandoned. Staff received two public
comment forms, one in favor and one against.
C. APPLICANT PRESENTATION
The applicant, Rolando Rocha was present and
briefly spoke.
d. PERSONS WISHING TO SPEAK FOR OR AGAINST
THE PROPOSED REQUEST
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There was no one present to speak for or against this
request.
e. STAFF/BOARD/APPLICANT DISCUSSION
Chairperson Dale Pillow asked if the facilities for the
smoke house were still present. Mr. Rocha explained
that the grills were there, but he hopes to add a
smokehouse, when he updates the kitchen. Ms.
Pillow also asked if there would be any sale of liquor.
Mr. Rocha replied that there would not be any liquor
sales. Ms. Pillow also asked if he planned to use
parking in the back of the building, due to the limited
number of spaces in the front. Mr. Rocha replied that
he did plan to use the rear for parking. Ms. Pillow
also asked about the traffic on Larrycrest, and Ms.
Grahmann replied that a traffic impact analysis would
determine the traffic flow on Larrycrest and Harkey
Rd. Ms. Pillow explained that if this were approved,
that conditions might be placed on this.
f. ADJOURNMENT OF THE PUBLIC HEARING
The hearing was adjourned at 6:34 p.m.
2. CONSIDERATION AND POSSIBLE ACTION OF
APPLICATION NO. 2006-14
Board Member Willard Briley made the motion to approve,
and Alternate Board Member Anne Talbot seconded with
staffs conditions listed in the staff report, and this being a
meat market, grocery store and grill, with no gasoline sales
and no liquor sales. The vote was 4-0 for approval.
IV. ADJOURNMENT
The regular meeting adjourned at 6:37 p.m.
These minutes respectfully submitted by:
Judy a�a, Plan ing Admini tra ve Secretary
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ZONING BOARD OF ADJUSTMENT
Minutes approved as submitted and/or corrected on this 7th day of December,
2006, A.D.
�i
Dale Pillow, Chairperson
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