2008-01-03 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESZONING BOARD OF ADJUSTMENT
REGULAR MEETING
MINUTES
THURSDAY, JANUARY 3, 2008
6:00 P.M.
COUNCIL CHAMBERS, CITY HALL
3519 LIBERTY DRIVE
PEARLAND,TEXAS
I. CALL REGULAR MEETING TO ORDER
Chairperson Dale Pillow called the meeting to order at 6:08 p.m. with the following in
attendance:
Chairperson Dale Pillow
Board Member Don Glenn
Board Member Willard Briley
Board Member Wm. David Torok
Board Member Wesley Terrell (arrived at 6:15 p.m.
Also in attendance were Senior Planner Theresa Grahmann, Alternate Board Member
Shannon McAuliffe, Deputy City Attorney Nghiem Doan, and Planning Administrative
Secretary Judy Krajca.
II. APPROVAL OF MINUTES
Board Member David Torok made a motion to approve with a correction to page three
(3) of the November 3, 2007 minutes, and Board Member Don Glenn seconded.
The vote was 3-0. The minutes were approved with corrections. Chairperson Pillow
abstained from voting due to her absence at the last meeting.
III. NEW BUSINESS
Chairperson Dale Pillow opened a public hearing for Variance No. 2007-26 at 6:10
p.m.
VARIANCE APPLICATION NO. 2007-26
Chairperson Dale Pillow read the purpose of the hearing.
A request by Henry and Patricia Pinon, owners, for a variance from the requirements of
Section 2.4.2.7 Single Family Residential —3 District (R-3), (a request to allow a
reduced rear yard setback), of the Unified Development Code, Ordinance No. 2000-T,
on the following described property, to wit:
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Lot 22, Block 2, of the Final Plat of Shadow Creek Ranch SF -53, as recorded in
Document No. 20050260 of the Plat Records of Fort Bend County, Texas, City of
Pearland, Fort Bend County, Texas (Located at 2717 Greenb/ade Court)
Senior Planner Grahmann read the Staff report.
Henry & Patricia Pinon, applicant, of 2717 Green Blade Ct., Pearland, TX 77584
spoke.
There was no one present to speak for or against the variance.
Board Member Torok asked the applicant what were some of their alternatives. The
applicant responded that due to their health issues, an enclosure for the swimming
area would be best.
Board Member Glenn made the motion to approve, and Board Member Briley
seconded.
The vote was 0-4. The variance was denied.
The hearing for Variance Application No. 2007-26 was adjourned at 6:16 p.m.
The hearing for Variance Application No. 2007-27 was called to order at 6:16 p.m.
VARIANCE APPLICATION NO. 2007-23
Chairperson Dale Pillow read the purpose of the hearing.
A request by Jerry Meyerson and Meyerson Builders, applicant for YMCA of Greater
Houston Area, owner, for a Special Exception allowed by Section 2.7.3.7 Special
Exceptions for Nonconformities (a request to allow the expansion/modification of a
non -conforming site), of the Unified Development Code, Ordinance No. 2000-T, on the
following described property, to wit:
16.5802 acre tract of land, being out of the Thomas J. Green Survey, Abstract 198,
City of Pearland, Brazoria County, Texas (Generally Located on the South Side of
YMCA Drive/Stratford Drive, and West of Pearland Parkway)
Senior Planner Grahmann read the Staff report.
Joe Mathis, of the YMCA, 13135 Dairy Ashford, Sugar Land, Texas spoke.
The following spoke in opposition of the variance due to drainage and potential
flooding in their backyards:
Joe McNulty of 2906 Castle Court, Pearland, Texas. Mr. McNulty showed photos to
the Board Members of the various backyards.
Robert Napoleon of 2903 Yorkshire, Pearland, Texas
Meg McNulty of 2906 Castle Court, Pearland, Texas, in addition to speaking about the
drainage, also spoke positively of seeing a masonry fence put in, and to install the
sidewalks.
Ralph Davis of 2903 Castle Court, Pearland, Texas
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Joe Mathis of the YMCA spoke again stating that they want to work with the neighbors,
and that they are asking for assistance for drainage with their permits.
There was no discussion among the Board/Staff.
There was brief discussion among the Board in regards to voting individually on the
special exceptions and variance.
Board Member Terrell made the motion to approve the Screening between uses, and
Board Member Briley seconded. The vote was 0-5. The special exception failed.
Board Member Briley made the motion to approve the Parking lot curbs, and Board
Member Torok seconded. The vote was 1-4. The special exception failed. Board
Member Terrell voted in favor.
Board Member Torok made the motion to approve the Parking spaces, and Board
Member Glenn seconded. The vote was 0-5. The special exception failed.
Board Member Glenn made the motion to approve the Sidewalk, and Board Member
Briley seconded. The vote was 0-5. The variance failed.
Board Member Terrell made the motion to approve the Screening of mechanical
equipment, and Board member Briley seconded. The vote was 3-2. The special
exception was denied. Board Members Torok and Terrell voted in opposition.
The hearing for Variance Application No. 2007-27 was adjourned at 6:40 p.m.
The hearing for Variance Application No. 2007-24 was called to order at 6:44 p.m.
VARIANCE APPLICATION NO. 2008-01
Chairperson Dale Pillow read the purpose of the hearing.
A request by Aloha Pearland, LLC, applicant for Sunrise Lake Village, LP, owner, for a
variance from the requirements of Section 2.4.5.1 Corridors Overlay District (COD)
and Section 2.4.4.4 General Business Retail District (GB), (a request to allow a
reduced front yard setback), of the Unified Development Code, Ordinance No. 2000-T,
on the following described property, to wit:
A portion of an 8.42 acre tract, situated in the John W. Maxey Survey, Abstract 721,
and being part of and out of a 208.10 acre tract described by deed recorded in Volume
1107, Page 859, of the Deed Records of Brazoria County, Texas, City of Pearland,
Brazoria County, Texas (Generally Located on the North Side of FM 518 (Broadway
Street), and on the West Side of Sunrise Boulevard)
Senior Planner Grahmann read the Staff report.
Russell Kite of 819 Jupet Dr., Bellaire, Texas spoke.
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Sonny Foraker representing the Homeowners Association for Sunrise Lakes spoke on
behalf of the homeowners in opposition. The residents have complained of the noise
and trash.
Russell Kite stated he is willing to work with the residents.
Kelly Flanagan of 9101 Sunrise spoke in opposition stating the restaurant is distracting
as you approach the traffic signal on FM 518.
Board Member Terrell asked how this error was discovered, and Deputy City Attorney
Doan stated that staff drove by and discovered it. Mr. Doan also stated that Staff was
in favor, and that the Board could ask for additional screening around the patio area to
reduce the noise. Chairperson Pillow recommended that additional landscaping be
required.
Board Member Briley made the motion to approve with additional landscaping, and
Board Member Torok seconded.
Board Member Briley amended the motion to include that the landscaping be
completely opaque (100%), and not exceed the height of the rail, and Board Member
Torok seconded.
Board Member Terrell amended the motion to include applying the footage already
encroached, and Board Member Torok seconded.
The vote was 4-0 for approval of the variance, including 100% opaque landscaping,
and applying the footage already encroached. Board Member Torok abstained from
voting.
The public hearing for Variance application No. 2008-01 adjourned at 7:03 p.m.
The public hearing for Variance application No. 2008-02 was called to order at 7:03
p.m.
VARIANCE APPLICATION NO. 2008-02
Chairperson Dale Pillow read the purpose of the hearing.
A request by Monty Hudson, applicant for Jasvant C. Patel, owner, for a variance from
the requirements of Section 2.4.4.1 Office and Professional District (OP) (a request to
allow a greater building height), of the Unified Development Code, Ordinance No. 2000-
T, on the following described property, to wit:
1.995 acre tract of land in the H. T. & B.R.R. Company Survey, Abstract 304, being a
portion of Lot 39 of the Allison Richey Gulf Coast Home Company Suburban Gardens
Subdivision, Section 85, as shown on plat recorded in Volume 2, Page 107 of the Plat
Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas
(Generally Located on the North Side of FM 518 (Broadway Street), and on the West
Side of Miller Ranch Road)
Senior Planner Grahmann read the Staff report.
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Monty Hudson, applicant of 3402 founders Trail, Arlington, Texas spoke.
There was no one present to speak for or against to variance.
Board Member Terrell asked for clarification in regards to the width of the land, and
Senior Planner Grahmann explained.
Board Member Torok made the motion to approve, and Board Member Glenn
seconded. The vote was 0-5. The variance was denied.
The public hearing for Variance application No. 2008-02 was adjourned at 7:10 p.m.
The public hearing for Variance application No. 2008-03 was called to order at 7:11
p.m.
VARIANCE APPLICATION NO. 2008-02
Chairperson Dale Pillow read the purpose of the hearing.
A request by Vincent Campo, applicant for the Knights of Columbus, owner, for a
Special Exception allowed by Section 2.7.3.7 Special Exceptions for Nonconformities
(a request to allow the expansion/modification of a non -conforming site), of the Unified
Development Code, Ordinance No. 2000-T, on the following described property, to wit:
10.005 acre tract of land being Lot 47 of the Allison Richey Gulf Coast Home
Company Subdivision of Section 6, H.T. & B.R.R. Company Survey (R. B. Lyle),
Abstract 544, Brazoria County, Texas, according to the map or plat thereof recorded in
Volume 136, Page 501, of the Deed Records of Brazoria County, Texas, City of
Pearland, Brazoria County, Texas, (Generally Located on the West Side of Hatfield
Road, and North of FM 518 (Broadway Street))
Senior Planner Grahmann read the staff report.
Tom Hodges of 2211 Country Club Drive, Pearland, Texas spoke.
Floyd Tafelski, owner, who resides at 3203 Patricia Lane, Pearland, Texas asked the
Board to take into consideration of putting in a wall. Mr. Tafelski also brought several
pictures of the property
Lindsey Hodson of 2401 Emma read a letter asking the Board to take into
consideration the concern of the gazebo area having portable toilets, tall lights, and
noise abatement. Also asked that a 12 -foot tall masonry fence be placed in lieu of tall
shrubs.
Mr. Craig Domin of 2403 Emma, Pearland, Texas stated he was concerned with the
loud noise. Mr. Domin also presented a letter from another neighbor that was not able
to attend the meeting.
Chairperson Pillow stated each issue should be voted individually.
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Board Member Glenn made the motion to approve the Screening between uses for the
Fence, and Board Member Briley seconded. The vote was 4-0 for approval. Board
Member Torok abstained from voting.
Board Member Terrell made the motion to approve the Screening between uses for
the Buffer and reduce it by 10 feet, and Board Member Briley seconded. The vote was
4-0 for approval. Board Member Torok abstained from voting.
Board Member Briley made the motion to approve the Parking lot trees and Board
Member Terrell seconded. The vote was 0-4 for denial. Board Member Torok
abstained from voting.
Board Member Glenn made the motion to approve for Parking lot paving, and Board
Member Terrell seconded. The vote was 0-4 for denial. Board Member Torok
abstained from voting.
The public hearing for variance application No. 2008-03 was adjourned at 7:31 p.m.
IV. ADJOURNMENT OF REGULAR MEETING
Chairperson Dale Pillow adjourned the meeting at 7:31 p.m.
These minutes respectfully submitted by:
Judy Krajc¢, Planning' Administrative secretary
Minutes approved as submitted and/or corrected on this 6th day of March 2008, A D
Dale Pillow, Chairperson
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