2007-10-04 ZONING BOARD OF ADJUSTMENT REGULAR MEETING AND PUBLIC HEARING MEETING MINUTESZONING BOARD OF ADJUSTMENT
REGULAR MEETING
MINUTES
THURSDAY, OCTOBER 4, 2007
6:00 P.M.
COUNCIL CHAMBERS, CITY HALL
3519 LIBERTY DRIVE
PEARLAND, TEXAS
I. CALL REGULAR MEETING TO ORDER
Chairperson Dale Pillow called the Regular Meeting to order at 6:04 p.m. with the
following in attendance:
Chairperson Dale Pillow
Board Member Marvin Elam
Board Member Willard Briley
Board Member Don Glenn
Alternate Board Member Anne Talbot
Also in attendance were Senior Planner Theresa Grahmann, Planning Director Lata
Krishnarao, Deputy City Attorney Nghiem Doan, Planning Secretary Judy Krajca, and
Alternate Board Member Wm. David Torok.
II. APPROVAL OF MINUTES
Alternate Board Member Anne Talbot made the motion to approve, and Board Member
Willard Briley seconded.
The vote was 5-0. The minutes were approved.
III. NEW BUSINESS
A. VARIANCE APPLICATION NO. 2007-20
A request by Carol Artz, owner, for a variance from the requirements of Section
4.2.4.3 Fencing (a request to allow a higher fence than allowed), of the Unified
Development Code, Ordinance No. 2000-T, on the following described property, to
wit:
Lot 1, Block 1, of Plum Street Subdivision, according to the Map or Plat Thereof
Recorded in Volume 18, Pages 397-398, of the Plat Records of Brazoria County,
City of Pearland, Brazoria County, Texas (Generally Located at the Northeast
Corner of Plum Street and Galveston Avenue)
Chairperson Pillow opened the hearing at 6:07 p.m., and read the purpose of the
hearing.
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Senior Planner Grahmann read the Staff report stating the applicant was seeking
four variances.
The applicant, Carol Artz of 2111 Plum Ave., Pearland, Texas spoke, and showed a
video of the street area, including the existing fence and backyard.
Mr. Cliff Sundock of 2032 N. Main, Pearland, Texas spoke in favor of the request for
variances.
There was discussion among the Board/Staff/Legal in regards to the amendment to
the Unified Development Code for height of fence.
The public hearing was adjourned at 6:26 p.m.
Board Member Don Glen made a motion for the first variance, on the height of fence
for side and rear yard, and a Board Member Marvin Elam seconded.
The vote was 4- 1. The variance was approved.
A motion was made by Board Member Marvin Elam for the second variance, on the
height of front fence facing Galveston Ave., and Board Member Willard Briley
seconded.
The vote was 0-5. The variance was denied.
Board Member Willard Briley made a motion for the type of fence (decorative, 50%
opening, requesting solid wood), and Alternate Board Member Anne Talbot
seconded.
The vote was 0-5. The variance was denied.
Alternate Board Member Anne Talbot, made a motion for a 15 -foot setback, and
Board Member Don Glenn seconded.
The vote was 4-1. The variance was approved.
B. VARIANCE APPLICATION NO. 2007-18
A request by SLI Design, Inc., applicant for Texas Independent Bancshares, owner,
for a variance from the requirements of Section 4.2.5.4 Multi -Tenant Signs (a request
to allow a reduced setback for a multi -tenant sign), of the Unified Development Code,
Ordinance No. 2000-T, on the following described property, to wit:
1.2110 acres of land, situated in Pearland Old Town Site in the H.T. & B.R.R.
Company Survey, Block 12, Section 2, and being out of Abstract 542, City of
Pearland, Brazoria County, Texas (Generally Located at the Northeast Corner of
State Highway 35 (Main Street) and FM 518 (Broadway Street))
Chairperson Pillow opened the hearing at 6:29 p.m., and read the purpose of the
hearing.
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Senior Planner Grahmann read the Staff report stating the applicant is requesting a
variance of 10 feet for the required 10 -foot required setback.
Mr. Chris Doyle of 1518 23`d, Texas City, Texas spoke on behalf of Texas
Independent Bancshares.
There was no one present to speak for or against the variance.
There was no discussion among the Board/Staff/Legal.
The public hearing was adjourned at 6:32
Board Member Marvin Elam made the motion to approve, and Board Member
Willard Briley seconded.
The vote was 0-5. The variance was denied.
C. VARIANCE APPLICATION NO. 2007-21
A request by Richard J. Vane, applicant for Pearland Highway 35, L.P., owner, for a
variance from the requirements of Section 2.4.5.1 Corridors Overlay District and
Section 4.2.2.4 Required Landscape Area Standards (a request to allow a reduced
percentage of site landscaping), of the Unified Development Code, Ordinance No.
2000-T, on the following described property, to wit:
8.863 acres of land located in the H. T. & B. R. R. Company Survey, No. 2, Abstract
542, being a part of Lots 14 and 15 of the W. Zychlinski Subdivision of record at
Volume 29, Page 43, Deed Records, Brazoria County, Texas, said 8.863 acres more
particularly being Lot 1 and 2, Safeway Addition No. 1 of record at Volume 16,
Pages 11 and 12, Map Records, Brazoria County, Texas, City of Pearland, Brazoria
County, Texas (Generally Located on the West Side of State Highway 35 (Main
Street), and on the North Side of Orange Street).
Chairperson Pillow opened the hearing at 6:32 p.m., and read the purpose of the
hearing.
Senior Planner Grahmann read the Staff report stating the applicant met
landscaping requirements; however the improvements appear to have caused
problems. The applicant is seeking to remove a portion of the landscaping islands
in order to allow wider turning movements of cars entering and exiting parking
spaces. This would result in a 1% reduction of the required 15% required
landscaping.
Mr. Cliff Sundock, of Pearland Highway 35 L.P., 720 Post Oak, Ste. 300, Houston,
Texas spoke on behalf of the applicant, stating drainage problems, and how the
merchants and clients were unhappy with the current landscaping.
There was no one present to speak for or against the variance.
There was no discussion among the Board/Staff/Legal.
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The public hearing was adjourned at 6:39 p.m.
Board Member Willard Briley made the motion to approve, and Board Member Don
Glenn seconded.
The vote was 4-1. The variance was approved. Board Member Marvin Elam voted
against.
D. VARIANCE APPLICATION NO. 2007-22
A request by Terra Associates, Inc., applicant for Pavilion Development, owner, for a
variance from the requirements of Section 2.4.5.1 Corridors Overlay District, Section
4.2.2.4 Required Landscape Area Standards, and Section 2.4.4.5 General
Commercial District (GC), (a request to allow a reduced parking/landscaping
setback, reduced percentage of required landscaping, and reduced side yard
setback for a new construction), of the Unified Development Code, Ordinance No.
2000-T, on the following described property, to wit:
1.486 acres of land out of the W.D.C. Hall League, Abstract 70, being out of and a
part of Lots 72 and 73 of the George W. Jenkins Subdivision, the map or plat of
same being recorded in Volume 79, Page 616 of the Deed Records of Brazoria
County, City of Pearland, Brazoria County, Texas (Generally Located on the North
Side of FM 518 (Broadway Street), and on the West Side of Longwood Drive)
Chairperson Pillow opened the hearing at 6:40 p.m., and read the purpose of the
hearing.
Senior Planner Grahmann read the Staff report stating the applicant was requesting
three variances for Sideyard setback, parking setback, and 15% permanent
landscaping.
Mr. Ken Hammond and David Supleveda of 1505 Broadway, Pearland, Texas spoke
on behalf of the applicant.
There was no one present to speak for or against the variance.
There was brief discussion among the Board/Staff/Legal, with Planning Director Lata
Krishnarao clarifying that the existing building and parking were only approved with
the original site plan for the existing building only.
The public hearing was adjourned at 6:52 p.m.
Board Member Don Glenn made the motion to approve the first variance for a side
yard setback, and Board Member Willard Briley seconded.
The vote was 0-5. The variance for the side yard setback was denied.
Board Member Marvin Elam made the motion to approve the second variance for a
parking setback, and Alternate Board Member Anne Talbot seconded.
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The vote was 0-5. The variance for the parking setback was denied.
Board Member Willard Briley made the motion to approve the third variance for
landscaping, and Board Member Marvin Elam seconded.
The vote was 0-5. The variance was denied.
II. ADJOURNMENT OF REGULAR MEETING
The regular meeting adjourned at 6:55 p.m.
These minutes respectfully submitted by:
Judy Krajca, VIanni Admihislifative Secretary
Minutes approved as submitted and/or corrected on this %'4'f day of oV
2007, A.D.
Don Genn, Acting C airperson
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