2007-07-05 ZONING BOARD OF ADJUSTMENT REGULAR MEETING AND PUBLIC HEARING MEETING MINUTESZONING BOARD OF ADJUSTMENT
REGULAR MEETING
MINUTES
THURSDAY, JULY 5, 2007
6:00 P.M.
1ST FLOOR CONFERENCE ROOM 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 Marvin Elam
Board Member Don Glenn
Alternate Board Member Wm. David Torok
Alternate Board Member Wesley Terrell
Also in attendance were Senior Planner Theresa Grahmann, Deputy City
Attorney Nghiem Doan, and Planning Secretary Judy Krajca.
II. APPROVAL OF MINUTES
Board Member Don Glenn made the motion to approve, and Board
Member Marvin Elam seconded.
The vote was 4-0. The minutes were approved.
III. NEW BUSINESS
VARIANCE APPLICATION NO. 2007-10
Chairperson Dale Pillow called the public hearing to order at 6:04 p.m.
Chairperson Dale Pillow read the purpose of the hearing as follows:
A request by Crescencio Fonseca, owner, for a variance from the
requirements of Section 2.4.2.2 Single Family Estate District (a request to
reduce the required minimum lot width of 120 feet to 20 feet), of the
Unified Development Code, Ordinance No. 2000-T, on the following
described property, to wit:
4.162 acre tract of land located in Lot 11 of the H. T. & B.R.R. Company
Survey (also known as the F.B. Drake Survey), Section 14, Abstract 509,
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also being a part of a 39.997 acre tract described in a deed to Larry D.
and Victoria J. Landers as recorded in Clerk's File No. 97-009044 of the
Brazoria County Official Records, City of Pearland, Brazoria County,
Texas (Generally Located on the North Side of Bailey Road, and
Approximately 1,500 Feet East of Harkey Road).
Senior Planner Theresa Grahmann read the Staff report. Staff received
five Public Comment forms against, and one in favor of the variance.
Yvette Fonseca, owner, spoke in regards to this variance, and read a
statement explaining their intent for a home and why a variance was being
requested.
Mr. Pierre Nys of 3411 Parkside Drive, Pearland, TX 77584 spoke in
opposition of the variance. Mr. Nys explained that the application should
not have been submitted, nor should the Planning Director have accepted
it. Mr. Nys further explained the reason for his objection was the owners
of Lawrence Place Subdivision are concerned with drainage.
There was minimal discussion between the Board and Staff. Deputy City
Attorney Doan explained to the Board that 120 feet to 20 feet is a large
variance. Board Member Elam stated that the property is land locked.
Deputy City Attorney Doan stated that pre-existing locations without
frontage can still plat and get permits as long as it meets other items
required for platting. Chairperson Pillow stated that the length exceeds
that set out in the ordinance. Deputy City Attorney Doan stated that
Chairperson Pillow's comment should be used as the Boards guidance.
Senior Planner Grahmann commented that under the old ordinance, the
property had to be platted first. Under the new ordinance, the Planning
Director can accept a variance application, prior to platting.
Chairperson Dale Pillow called for the hearing to be adjourned at 6:21
p.m.
Alternate Board Member Torok made the motion to approve the variance,
and Board Member Glenn seconded.
The vote was 0-5. The variance was denied.
VARIANCE APPLICATION NO. 2007-11
Chairperson Dale Pillow called the public hearing to order at 6:21 p.m.
Chairperson Dale Pillow read the purpose of the hearing as follows:
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A request by Spradley Properties, L.P., and Richard Spradley, owner, for a
variance from the requirements of Section 2.4.4.4 General Business Retail
District (a request to reduce the required minimum rear yard setback), of
the Unified Development Code, Ordinance No. 2000-T, on the following
described property, to wit:
0.7819 acres, out of the west one-half of the northwest one-fourth of the
H.T. & B.R.R. Company Survey, Abstract 241, and being the same land
described in deed dated July 26, 1988 to Richard L. Spradley, recorded
under Brazoria County Clerk's File No. 23330, City of Pearland, Brazoria
County, Texas (Generally Located on the South Side of Broadway Street
(FM 518), and on the East Side of Manvel Road (FM 1128)).
Senior Planner Theresa Grahmann read the Staff report.
Charlotte Spradley, 6300 Meredith Drive, Bellaire, TX 77401, spoke in
regards to the variance request.
Kara Campbell, located on the south side of the by-pass, asked what
would the setback do to their business.
There was minimal discussion between Board/Staff/Legal. The question
was asked if the variance were granted, would the variance be accepted
as is tonight. Board Member Glenn commented that there was no defining
where the setback ends. Deputy City Attorney Doan stated that the Board
would give a setback limit. Mr. Doan reminded the Board that a variance
needed to have undue hardship of the land.
Ms. Spradley spoke briefly of the abandoned right-of-way and using this
land. Chairperson Pillow stated that the applicant would need to take that
issue up with TxDOT.
The hearing was adjourned at 6:31 p.m.
Alternate Board Member Terrell made the motion to approve, and Board
Member Elam seconded.
The vote was 0-5. The variance was denied.
VARIANCE APPLICATION NO. 2007-12
Chairperson Dale Pillow called the public hearing to order at 6:31 p.m.
Chairperson Dale Pillow read the purpose of the hearing as follows:
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A request by Hugo Senties, applicant for Community National Bank,
owner, for a variance from the requirements of Section 2.4.5.1 Corridor
Overlay District (a request to allow a fence other than a solid masonry
fence as required and a reduced setback for the fence), of the Unified
Development Code, Ordinance No. 2000-T, on the following described
property, to wit:
3.7301 acre tract of land in the H. T. & B.R.R. Company Survey, Abstract
232, being out of Lots 7 and 8 of the Allison Richey Gulf Coast Home
Company Subdivision, according to the map or plat recorded in Volume 2,
Page 16 of the Brazoria County Plat Records, and also known at Tract "A"
of the Community Square Subdivision, recorded as Document No.
2006051865 of the Official Records of Brazoria County, City of Pearland,
Brazoria County, Texas (Generally Located on the North Side of
Broadway Street (FM 518), and on the East Side of Mykawa Road)
Senior Planner Theresa Grahmann read the Staff report.
Chris Pampas, of 7 Patrick Court, Houston, Texas 77024, spoke in
regards to the variance request. He reminded the Board that for safety
reasons for both the surrounding areas, and in particularly the Bank,
should remain open. Mr. Pampas also commented that the property has
won a Beautification Award.
Also present to speak was the Architect, Lettie Harrell of 3624 Valerie,
Houston, Texas. Ms. Harrell spoke in favor and mentioned that this was
built with the specifications of the City of Pearland. Ms. Harrell also
commented what a beautiful area this was, and for safety reasons, the
fence should remain.
Mark Chamness of 8325 Broadway (Box 202), Pearland, Texas 77584
spoke in favor.
Ms. Kara Campbell (no address given) spoke in opposition of the chain
link fence.
Mr. Mike Talinsky of 2723 Manvel Road, spoke in opposition of the chain
link fence. Mr. Talinsky asked why was the detention given in the first
place.
Mr. Luther Cunningham (no address given) spoke in favor of the property,
as he owns the property across the road.
Chairperson Pillow restated Mr. Talinsky's question of why the detention
was given in the first place. Senior Planner Grahmann stated that
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detention was required, and it can be placed anywhere on the property.
Ms. Grahmann also stated the fence was put up with out a building permit.
Deputy City Attorney reminded the Board as stated in the Staff report that
the Zoning Board of Adjustment is not in power to grant complete waivers.
Mr. Doan also addressed Mr. Pampas' issue regarding safety stating that
if this were the case, there would be a safety issue with all fences
throughout the entire city.
The hearing was adjourned at 6:52 p.m.
Board Member Elam made the motion to approve, and Alternate Board
Member Torok seconded.
The vote was 0-5. The variance was denied.
ADJOURNMENT
The regular meeting adjourned at 6:52 p.m.
These minutes respectfully submitted by:
(� rus—,e, -� 4-�?-Clq
Judy Kra' a, Pla ning Ainhtrative Secretary
Minutes approved as submitted and/or corrected on this (0 It, day of
w 2007, A.D.
Dale Pillow, Chairperson
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