2008-03-06 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESZONING BOARD OF ADJUSTMENT
REGULAR MEETING
MINUTES
THURSDAY, MARCH 6, 2008
6:00 P.M.
1ST FLOOR CONFERENCE ROOM, CITY HALL
3519 LIBERTY DRIVE
PEARLAND,TEXAS
I. CALL REGULAR MEETING TO ORDER
Chairperson Dale Pillow called the meeting to order at 6:02 p.m. with the following in
attendance:
Chairperson Dale Pillow
Board Member Don Glenn
Board Member Willard Briley
Board Member Wm. David Torok
Alternate Board Member Anne Talbot
Also in attendance were Senior Planner Theresa Grahmann, Alternate Board Member
Shannon McAuliffe, and Planning Administrative Secretary Judy Krajca.
II. APPROVAL OF MINUTES
Alternate Board Member Anne Talbot made a motion to approve with corrections to
pages 2, 3, and 5 of the January 3, 2008 minutes, and Board Member Willard Briley
seconded.
The vote was 5-0. The minutes were approved with corrections.
III. NEW BUSINESS
Chairperson Dale Pillow opened a public hearing for Variance No. 2008-04 at 6:06
p.m.
VARIANCE APPLICATION NO. 2008-04
Chairperson Dale Pillow read the purpose of the hearing.
A request by Al Osborn, applicant for M. J. Javadi, owner, for a variance from the
requirements of Section 2.4.5.1 Corridors Overlay District (COD), (a request to allow
light poles taller than the height of the building being served), of the Unified
Development Code, Ordinance No. 2000-T, on the following described property, to wit:
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6.4224 acres, being the Final Plat of Country Club Plaza, out of a 313 acre tract in the
W.D.C. Hall Survey, Abstract 70, as recorded in Document No. 2005059236 of the
Official Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas,
(Generally Located at the Southwest Corner of FM 518 (Broadway Street) and Liberty
Drive)
Senior Planner Grahmann read the Staff report, stating that the applicant is proposing
improvements and additions to the existing shopping center.
Mr. M.J. Javadi, owner, of 13630 Beamer Rd., #107, Houston, TX spoke and agreed
with Ms. Grahmann's presentation.
There was no one present to speak for or against the proposed request.
Ms. Grahmann asked Mr. Javadi about new lighting poles being added. Mr. Javadi
replied there would be none, and that this pertained to the existing poles only.
Board Member David Torok made the motion to approve, and Board Member Don
Glenn seconded.
The vote was 5-0. The variance was approved.
The hearing for Variance Application No. 2008-04 was adjourned at 6:10 p.m.
The hearing for Variance Application No. 2008-05 was called to order at 6:11 p.m.
VARIANCE APPLICATION NO. 2008-05
Chairperson Dale Pillow read the purpose of the hearing.
A request by Al Osborn, applicant for M. J. Javadi, 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:
6.4224 acres, being the Final Plat of Country Club Plaza, out of a 313 acre tract in the
W.D.C. Hall Survey, Abstract 70, as recorded in Document No. 2005059236 of the
Official Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas,
(Generally Located at the Southwest Corner of FM 518 (Broadway Street) and Liberty
Drive).
Senior Planner Grahmann read the Staff report stating the applicant is proposing
improvements and additions to the existing shopping center. The addition of structural
square footage triggers many requirements of the UDC, one of which is the
requirement for screening between uses.
Mr. Bill Sloan of 1935 Timber Creek, Pearland, TX spoke in favor of the special
exception.
There was discussion among the Board/Staff with regards to the buffer and fence.
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Board Member Don Glenn made the motion to approve the buffer, and Board Member
Willard Briley seconded.
The vote was 5-0. The special exception was approved.
The Board stated that the applicant might need to come back with a variance in
regards to the fence on the far western position of the property. Senior Planner
Grahmann stated she would check with Legal.
The hearing for Variance Application No. 2008-05 was adjourned at 6:22 p.m.
The hearing for Variance Application No. 2008-07 was called to order at 6:24 p.m.
VARIANCE APPLICATION NO. 2008-07
Chairperson Dale Pillow read the purpose of the hearing.
A request by Jack McGuff, Jr., AIA, applicant for William C. Walsh, 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:
Lot K, Block B, of Shadycrest Subdivision, City of Pearland, Brazoria County, Texas
(Generally Located on the South Side of FM 518 (Broadway Street), and on the East
Side of Shadycrest Drive)
Senior Planner Grahmann read the Staff report stating the applicant is requesting a
special exception for the non -conformities. The applicant is requesting the following:
(1) 30 Foot Parking Setback; (2) Screening between uses.
Mr. Jack McGuff, Jr., applicant, of 5208 Broadway #208, Pearland, TX spoke.
Mr. Victor Flores of 2003 Longherridge, Pearland, TX spoke with concerns regarding
the sewer line being approximately 3-4 feet away from the property line; and that a
fence should be installed.
Ms. Melinda Rosenski of 6220 Gardenia, Pearland, TX spoke stating that the Planning
Director had stated a fence might not be allowed because of water & sewer line.
Mr. Bill Walsh of 809 Forestview, Friendswood, TX spoke in regards to the fence. He
stated there was a 10 -foot easement on either side.
Ms. Rosie Flores of 2003 Longherridge, Pearland, TX stated she would like to see a
fence.
Alternate Board Member Anne Talbot asked where the fence would be placed. There
was much discussion among the Board/Staff/Applicant.
Board Member Willard Briley made the motion to approve the buffer in the front, and
Board Member David Torok seconded.
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The vote was 5-0. The special exception for a buffer in the front was approved.
Alternate Board Member Anne Talbot made the motion to approve the buffer in the
back, and Board Member David Torok seconded.
The vote was 5-0. The special exception to approve the buffer in the back was
approved.
Board Member David Torok made a motion to approve a masonry fence, and Board
Member Don Glenn seconded.
The vote was 1-4. The special exception for the fence was denied. Board Member
David Torok vote in favor.
Discussion ensued as to whether this means a fence is required for the entire length —
depending on the plat. Melinda Rosenski presented a copy of the plat.
Senior Planner Theresa Grahmann stated she would seek the advise of Legal.
The public hearing for Variance application No. 2008-07 adjourned at 6:47 p.m.
The public hearing for Variance application No. 2008-08 was called to order at 6:47
p.m.
VARIANCE APPLICATION NO. 2008-08
Chairperson Dale Pillow read the purpose of the hearing.
A request by Harvy Williams, applicant for Mr. and Mrs. Dennis Hill, owners, 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:
Lot 22, Block 6, of Southdown Section 1, according to the plat recorded in Volume 16,
Page 203 and 204 of the Map Records of Brazoria County, Texas, City of Pearland,
Brazoria County, Texas (Located at 1111 East Brompton Drive)
Senior Planner Grahmann read the Staff report.
The applicant had no comment.
There was no one present to speak for or against to special exception.
Board Member Don Glenn made the motion to approve, and Alternate Board Member
Anne Talbot seconded.
The vote was 4-1. The special exception was approved. Chairperson Dale Pillow
voted in opposition.
The public hearing for Variance application No. 2008-08 was adjourned at 6:52 p.m.
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IV. ADJOURNMENT OF REGULAR MEETING
Chairperson Dale Pillow adjourned the meeting at 6:52 p.m. A recommendation was
made that the April meeting be moved to April 10th, due to a conflict with the Business
Expo, and the potential of not having a quorum for the scheduled April 3rd meeting.
These minutes respectfully submitted by:
J7
Judy K Hca, Pl44nindA#i-nisfkative Secretary
Minutes approved as submitted and/or corrected on this 10th day of April 2008, A.D.
L3 J&2:i�L"'ZI
9 =PWew, Chairpe n
t"4i'Ila,C1'`3,I'1�
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