2007-09-06 ZONING BOARD OF ADJUSTMENT REGULAR MEETING AND PUBLIC HEARING MEETING MINUTESZONING BOARD OF ADJUSTMENT
REGULAR MEETING
MINUTES
THURSDAY, SEPTEMBER 6, 2007
6:00 P.M.
COUNCIL CHAMBERS, 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 Don Glenn
Board Member Kerry Mohommadian
Alternate Board Member Wesley Terrell
Also in attendance were Senior Planner Theresa Grahmann, Deputy City
Attorney Nghiem Doan, Planning Secretary Judy Krajca, and Alternate
Board Member Wm. David Torok.
II. APPROVAL OF MINUTES
Board Member Don Glenn made the motion to approve, and Alternate
Board Member Wesley Terrell seconded.
The vote was 5-0. The minutes were approved.
III. NEW BUSINESS
VARIANCE APPLICATION NO. 2007-13
Chairperson Dale Pillow stated that the application for Variance No. 2007-
13 has been withdrawn. No action necessary.
VARIANCE APPLICATION NO. 2007-14
Chairperson Dale Pillow called the public hearing to order at 6:06 p.m.
Chairperson Dale Pillow read the purpose of the hearing as follows:
A request by Lettie Harrell, applicant for Community National Bank, owner,
for a variance from the requirements of Section 2.4.5.1 Corridor Overlay
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ZONING BOARD OF ADJUSTMENT
District (a request to allow a fence other than a solid masonry fence as
required, with a reduced setback), of the Unified Development Code,
Ordinance No. 2000-T on the property 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 stated the
Community National Bank currently exists on the subject property. The
applicant is asking for two variances, with the first asking that they be
allowed to construct a 6 -foot high wrought iron fence with 2 -foot square
masonry columns spaced at 8 feet on center. The second variance is
requesting 3.5 feet for the setback of the fence.
Mr. Kerry Rector with Community National Bank spoke on behalf of the
applicant. Mr. Rector passed out a picture of the proposed fence, showing
wrought iron, masonry columns, and stated the brick would match that of
the bank building. Mr. Rector also stated that if the fence. has to be moved
from its existing location, the fence will end up in the pond, and they are
requesting the fence be placed at the edge of the pond.
Mr. Gary Bucek of 3501 Liberty Drive, Pearland, Texas spoke in favor
asking that leniency be shown.
Mr. Mark Chambliss of 3617 Aubrell, Pearland, Texas spoke in favor of
these variances. Mr. Chambliss explained that after the first rain, and
receiving six feet of water, the fence was put in.
Mr. Victor Mirontschuk, with EDI Architects, 2800 Post Oak Blvd., Suite
3800, Houston, Texas spoke in favor of the variances.
Board Member Don Glenn asked Mr. Doan if these two variances could be
considered separately. Deputy City Attorney Doan stated yes, they could.
Board Member Kerry Mohammadian made the motion to approve, and
Board Member Willard Briley seconded.
There was discussion among the Board and Legal regarding the entire
fence being replaced, or just that along Broadway. Mr. Doan
recommended they make all sides wrought iron and masonry.
The hearing was adjourned at 6:31 p.m.
Board member Mohammadian amended her motion for the fence to
include the entire pond area, for fencing. Board Member Briley seconded.
There was brief discussion in regards to additional landscaping.
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The vote was 4-1. The variance was approved. Chairperson Pillow voted
against.
VARIANCE APPLICATION NO. 2007-16
Chairperson Dale Pillow stated Variance Application No. 2007-16 has
been withdrawn.
VARIANCE APPLICATION NO. 2007-17
Chairperson Dale Pillow called the public hearing to order at 6:36 p.m
Chairperson Dale Pillow read the purpose of the hearing as follows:
A request by La Madeleine, applicant for Shadow Creek Retail, LLP,
owner, for a variance from the requirements of Section 2.4.5.1 Corridors
Overlay District (COD) (a request for a reduced percentage of
transparency for exterior walls), of the Unified Development Code,
Ordinance No. 2000-T, on the property located on the West Side of State
Highway 288, and on the North Side of Broadway Street.
Senior Planner Theresa Grahmann read the Staff report stating the
subject property is located within the Shadow Creek Town Center
development, and proposed to be developed with a freestanding La
Madeleine restaurant. Ms. Grahmann also stated that other properties
within the corridor overlay district that have a common theme among their
stores have complied with the transparency requirement.
Ms. Karen Blevins of 6688 N. Central Expressway, Suite 700, Dallas,
Texas spoke on behalf of the restaurant. Ms. Blevins stated that they are
trying to maintain a French Country atmosphere.
There was no one present to speak for or against the Variance.
Chairperson Pillow stated she did not see the hardship. Ms. Blevins
responded by saying it was not a financial hardship, but merely trying to
maintain an atmosphere and look, where there are not a lot of windows,
and the atmosphere inside is darker.
Alternated Board Member asked Deputy City Attorney Doan if they were
the tenant or the owner, and could the tenant request a variance. Ms.
Grahmann stated that the owner did sign the Variance application.
Board Member Briley made the motion to approve, and Alternated Board
Member Terrell seconded.
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The vote was 0-4, with Board Member Briley abstaining
was denied.
ADJOURNMENT
The regular meeting adjourned at 6:41 p.m.
These minutes respectfully submitted by:
Judy Kr W a, Plan ing Ad ini ative Secretary
The Variance
nutes approved as submitted and/or corrected on this day of
2007, A.D.
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Dale Pillow, Chairperson