2006-12-07 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESZONING BOARD OF ADJUSTMENT
REGULAR MEETING
MINUTES
THURSDAY, DECEMBER 7, 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
6:03 p.m. with the following in attendance:
Chairperson Dale Pillow
Board Member Willard Briley
Board Member Marvin Elam
Board Member Don Glenn
Alternate Board Member Anne Talbot
Also in attendance were Alternate Board Members William G. Terrell,
Shannon McAuliffe, William D. Torok, Senior Planner Theresa Grahmann,
Deputy City Attorney Nghiem Doan, and Planning Secretary Judy Krajca.
II. APPROVAL OF MINUTES: November 2, 2006
Alternate Board Member Anne Talbot made the motion to approve the
minutes, and Board Member Willard Briley seconded. The vote was 5-0
for approval.
III. NEW BUSINESS
A. VARIANCE APPLICATION NO. 2006-15
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 South Texas Screening, applicant for
Frank B. Holden, owner, for a variance from the
requirements of Section 2.4.4.5 (c) (1) (b) Minimum Lot
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Width (for the General Commercial District), of the
Unified Development Code, Ordinance No. 2000-T, on
the following described property, to wit:
Lot 9, Block 7, Hickory Creek Place, City of Pearland,
Brazoria County, Texas (Located at 2206 O'Day
Road)
b. STAFF REPORT
Senior Planner Theresa Grahmann read the Staff
report. Ms. Grahmann explained that the property is
zoned Garden O'Day Mixed Used District (GO/MU)
and the applicant would like to seek a change to
General Commercial (GC) in the future. The GO/MU
District allows a variety of uses. A Conditional Use
Permit would allow a lot of other uses. Staff received
one public comment form in favor of the variance.
C. APPLICANT PRESENTATION
Frank Holden, applicant, of 2206 O'Day, Pearland,
Texas was present to speak. He explained how he
purchased the property in 1995, as part of the Hickory
Creek Subdivision, where some of the lots were set
aside for commercial use. His lot had a building on it,
and this served his purpose for his business. The
area was then annexed, leaving it 25 feet short of the
General Commercial use.
d. PERSON WISHING TO SPEAK FOR OR AGAINST
THE PROPOSED REQUEST
There was no one present to speak for or against the
e. STAFF/BOARD/APPLICANT DISCUSSION
Alternate Board Member Anne Talbot asked if it was
required to seek a zone change or can the owner
continue operating under the uses for General
Commercial (GC). Senior Planer Grahmann stated
that the owner is grandfathered under the current
zoning, but could apply for a Conditional Use Permit
and then would be allowed other uses.
f. ADJOURNMENT OF PUBLIC HEARING
Chairperson Dale Pillow called for the hearing to be
adjourned at 6:16 p.m.
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2. CONSIDER VARIANCE APPLICATION NO. 2006-15
Board Member Don Glenn made the motion to
approve, and Board Member Marvin Elam seconded.
The vote was 1-4. The variance was denied.
Alternate Board Member Anne Talbot voted in favor.
B. VARIANCE APPLICATION NO. 2006-16
1. CONDUCT PUBLIC HEARING
Chairperson Dale Pillow called the public hearing to order at
6:17 p.m.
a. PURPOSE OF HEARING
Chairperson Dale Pillow read the purpose of the
hearing as follows:
A request by Donya, LLC, owner, for a variance from
the requirements of Section 4.2.5.4(b) (5) Location (for
a Multi -Tenant Sign), of the Unified Development
Code, Ordinance No. 2000-T, on the following
described property, to wit:
0.34 acre tract of land located in the W.D.C. Hall
Survey, Abstract 70, with said tract being part of that
13.838 acre tract described in the final judgment of
Cause No. 23.835G, City of Pearland vs. 313 Acres
Pearland Joint Venture, et al, as recorded under
Brazoria County Clerk's File No. 98040264, City of
Pearland, Brazoria County, Texas (Generally Located
on the West Side of Liberty Drive, and on the South
Side of FM 518 (Broadway Street))
b. STAFF REPORT
Senior Planner Grahmann read the Staff report. Ms.
Grahmann stated the applicant applied for a sign
permit for a multi -tenant sign. On the approval of the
permit, Staff clearly stated that the sign must be
constructed 10 feet from the property line. Upon
installation of the sign, Staff noticed it appeared closer
than 10 feet and required the applicant to stop the
installation, pending the outcome of the variance.
Deputy City Attorney Doan added that if the Board
approves this variance, the applicant will need a
waiver of encroachment for this setback to remain
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where it is. And even if this waiver is granted, the
applicant would be required to move the sign by 2.9
feet for the encroachment of City Right -of -Way
(ROW).
C. APPLICANT PRESENTATION
The applicant, Jay Javadi, was present and briefly
spoke. He explained the hardship of moving the sign,
stating the poles were 12 feet in depth.
d. PERSONS WISHING TO SPEAK FOR OR AGAINST
THE PROPOSED REQUEST
Deborah King, owner of Lynda's Pantry, stated that if
the sign had to be moved, it would congest and
obstruct her restaurant.
e. STAFF/BOARD/APPLICANT DISCUSSION
Senior Planner Grahmann directed the Board to look
at the survey drawing, and the 2.9 feet encroachment
of City ROW and the 10 feet setback.
f. ADJOURNMENT OF THE PUBLIC HEARING
The hearing was adjourned at 6:27 p.m.
2. CONSIDERATION AND POSSIBLE ACTION OF
APPLICATION NO. 2006-16
Board Member Marvin Elam made the motion to approve,
and Board Member Willard Briley seconded.
The vote was 0-5. The variance was denied. Alternate
Board Member Anne Talbot voted in favor.
IV. ADJOURNMENT
The regular meeting adjourned at 6:28 p.m.
These minutes respectfully submitted by:
T, 41 'A
Judy rajca, filarfni66-Ac9ninistrative Secretary
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Minutes approved as submitted and/or corrected on this 4th day of January
2007, A.D.
1
n
Dale Pillow, Chairperson
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