2007-11-01 ZONING BOARD OF ADJUSTMENT REGULAR MEETING AND PUBLIC HEARING MEETING MINUTESZONING BOARD OF ADJUSTMENT
REGULAR MEETING
MINUTES
THURSDAY, NOVEMBER 1, 2007
6:00 P.M.
COUNCIL CHAMBERS, CITY HALL
3519 LIBERTY DRIVE
PEARLAND,TEXAS
I. CALL REGULAR MEETING TO ORDER
Acting Chairperson Don Glenn called the meeting to order at 6:08 p.m. with the
following in attendance:
Acting Chairperson Don Glenn
Board Member Marvin Elam
Board Member Willard Briley
Alternate Board Member Shannon McAuliffe
Alternate Board Member Anne Talbot
Alternate Board Member Wesley Terrell
Alternate Board Member Wm. David Torok
Also in attendance were Senior Planner Theresa Grahmann, Planning Director Lata
Krishnarao, and Deputy City Attorney Nghiem Doan.
II. DISCUSSION AND TRAINING
Deputy Attorney Nghiem Doan and Planning Director Lata Krishnarao led a discussion
and training for the Board Members, regarding Variances and Special Exceptions, and
Amendments to the Unified Development Code affecting the Zoning Board of
Adjustment.
Alternate Board Member McAuliffe, and Planning Director Krishnarao excused
themselves after the training session. Alternate Board Member Torok sat in the
audience.
III. APPROVAL OF MINUTES
Board Member Marvin Elam made a motion to approve with a correction to Wesley
Terrell shown as seconding the minutes of October 4, 2007, and Board Member
Willard Briley seconded.
The vote was 5-0. The minutes were approved.
IV. NEW BUSINESS
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Acting Chairperson Don Glenn opened a public hearing for Variance No. 2007-19 at
6:33 p.m.
VARIANCE APPLICATION NO. 2007-19
Acting Chairperson Don Glenn read the purpose of the hearing.
A request by Charles Vatterott, owner, for a variance from the requirements of
Section 4.2.1.2 Minimum Requirements and Standards for Parking (a request to
allow a reduced parking ratio for a new building), of the Unified Development Code,
Ordinance No. 2000-T, on the following described property, to wit:
0.775 acre tract in the H.T. & B.R.R. Company Survey, Section 2, Abstract 542,
being all of Lots 1 through 10 of Pearland Townsite, Block 17, as recorded in
Volume 29, Page 41 of the Brazoria County Deed Records, City of Pearland,
Brazoria County, Texas (Generally Located on the South Side of FM 518
(Broadway Street), on the East Side of San Antonio Street, and on the West Side
of Washington Street)
Senior Planner Grahmann read the Staff report.
Mr. Charles Vatterott of 3708 W. Pine Orchard, Pearland, Texas made the
applicants presentation, and passed out a document to the Board Members in
regards to the parking.
There was no one present to speak for or against the variance.
There was some discussion among the Board/Staff on why the applicant could not
comply with the ordinance. Senior Planner explained that there was limited space
for parking, due to the size of the lot and building.
Discussion ensued in regards to parking and retention.
Alternate Board Member Talbot made the motion to approve a variance for 13
spaces, and Board Member Briley seconded.
The vote was 0-5. The variance was denied.
The hearing for Variance Application No. 2007-19 was adjourned at 6:47 p.m.
The hearing for Variance Application No. 2007-23 was called to order at 6:47 p.m.
VARIANCE APPLICATION NO. 2007-23
Acting Chairperson Don Glenn read the purpose of the hearing.
A request by Ronald E. and Nancy C. Burke, owners, for a Special Exception
allowed by Section 2.7.3.7 Special Exceptions for Nonconformities (a request to
allow the reconstruction of a non -conforming structure), of the Unified Development
Code, Ordinance No. 2000-T, on the following described property, to wit:
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0.8864 acres of land, being part of Lot 13 of the West Friendswood Subdivision,
situated in the Perry and Austin League, Abstract 111, City of Pearland, Brazoria
County, Texas (Located at 1521 Westfield Road)
Senior Planner Grahmann read the Staff report.
Ron & Nancy Burke of 1521 Westfield, Pearland, Texas made the applicants
presentation.
There was no one present to speak for or against the variance.
There was no discussion among the Board/Staff.
Alternate Board Member Terrell made the motion to approve, and Board Member
Elam seconded.
The vote was 2-3. The variance was denied. Board Members Don Glenn, Marvin
Elam, and Willard Briley voted in opposition.
The hearing for Variance Application No. 2007-23 was adjourned at 6:42 p.m.
The hearing for Variance Application No. 2007-24 was called to order at 6:42 p.m.
VARIANCE APPLICATION NO. 2007-24
A request by Mike Pollak, applicant for Signature Eubanks Associates, Ltd., owner,
for a variance from the requirements of Section 4.2.4.1 Screening (generally
regarding the location of the screening fence), of the Unified Development Code,
Ordinance No. 2000-T, on the following described property, to wit:
6.2267 acres of land, H. T. & B.R.R. Company Survey, Section 17, Abstract 242,
City of Pearland, Brazoria County, Texas (Generally Located on the North Side of
Fite Road, and on the West Side of FM 1128 (Manuel Road)
Acting Board Member Don Glenn read the purpose of the hearing.
Senior Planner Grahmann read the Staff report.
Mr. Mike Pollak of 9525 Katy Freeway, Suite 130, Houston, Texas made the
applicant presentation.
There was no one present to speak for or against the variance.
There was discussion among the Board/Staff in regards to this approval. Deputy
City Attorney Doan commented that the City is working on an amendment to the
Ordinance that would allow this omission of screening, as in Mr. Pollak's case. Mr.
Doan stated that the Board should review this based on the ordinance that is
currently in place. If the amendment passes, the applicant will need not this
variance.
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Acting Chairperson inquired about a possible Planned Development (PD). Deputy
City Attorney stated that a PD could address the screening.
Alternate Board Member Talbot asked if this variance could be delayed. Deputy
City Attorney stated that the Board needed to vote based on the ordinance that
exists.
There was further discussion with Mr. Pollak being asked if there was a hardship,
and he explained his reason for the hardship is the fence is not necessary between
to two properties. Mr. Pollak was also asked if he had a timeline that he was
working with, and he replied that he was not, but would like to see this approved.
Board Member Briley made the motion to approve, and Alternate Board Member
Terrell seconded.
The vote was 1-4. The variance was denied. Alternate Board Member Talbot
voted in favor of the variance.
The public hearing for Variance application No. 2007-24 adjourned at 7:31 p.m.
VARIANCE APPLICATION NO. 2007-25
A request by Mike Pollak, applicant for PHE Office Park, Ltd., owner, for a variance
from the requirements of Section 4.2.4.1 Screening (generally regarding the
location of the screening fence), of the Unified Development Code, Ordinance No.
2000-T, on the following described property, to wit:
3.1386 acres, being all of Lot 1, Block 1, of PHE Office Park, File No. 2006064592
of the Official Records of Brazoria County, Texas, also in the H.T. & B.R.R.
Company Survey, Section 19, Abstract 309, City of Pearland, Brazoria County,
Texas (Generally Located on the West Side of Cullen Boulevard, and North of Fite
Road)
Applicant Mike Pollak requested that Variance Application No. 2007-25 be
withdrawn based the action of Variance No. 2007-24.
V. ADJOURNMENT OF REGULAR MEETING
Acting Chairperson Glenn adjourned the meeting at 7:33 p.m.
These minu espe4AAdm
bmitted by:
Judy ra' , Pla inst tive Secretary
Minutes approved as submitted and/or corrected on this day of
tuCv� 2007, A.D.
Dale Pillow, Chairperson
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