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2008-06-26 ZONING BOARD OF ADJUSTMENT SPECIAL MEETING MINUTESZONING BOARD OF ADJUSTMENT SPECIAL MEETING MINUTES THURSDAY, JUNE 261 2008 6;00 P.M. COUNCIL CHAMBERS, CITY HALL 3516 LIBERTY DRIVE PEARLAND,TEXAS I, CALL SPECIAL MEETING TOORDER Acting Chairyerson Willard Briley called the meelldg to order a16:02 p.m, with the following in aUeodaoce: Acting Chai person Willard Briley Board Member Wm, DE01 Torok Allendale Board Member Shannon MCAddiffe Ahemate Board Member MarMn Elam Also in adeddance were Senior 'lander Theresa Gmhmann, Deputy City AhomeY Nghlem Doan, add Planning Administrative Secretary Judy Kmjca, II, APPROVAL Of MINUTES Board Member )k Tod made a motion to approve the May 1, 2008 mindes, and the May 221 2008 minutes conourmntlY add, ANemata Board Member Shannon McAuliffe seconded Oda approval o11he mil Tha vols was 40. The May 1, 2008 rdl utes were approved. The May 22, 2008 mil wereappmued III, NEW BUSINESS AclidgChairperson Willard Btllsyop* apublic hearingfvVkioo No. Sl2al 6:04 p.m. VARIANCE APPLICATION NO, 2*12 Actldg Chairyarson Willard Briley read the purpose of the hearing A request by Texas Iddap2ddedl Bancshares, Ida, owner, for a varianoe from he roquirememsofSediod42.54 lb] �5�Multi•TenanlSips �amquestloslow amduced setback for a mullhtenanl all of the Unfilled Development Cade, Odiwce No. 2000•T,onf efdlowingdescribedpmpaq,towit: Pa? rdd 29offld 12110 acres of land, being the Amending Plan of Texas Independent Bancshares, Inc., ouf of lols 20 - 29, Block 12, of the Pearland Old Townsile, as recorded in Volume 20, Page 14, of the Brazoria County Deed Records, shualed in the HT 8 B.R.R. Company Survey, Bock 12 Secfion 2, Abstrad542 Ci of Peahand, Brazona County, Texas (Gene# located al the Nodheasf Comer of FM 518 (B(oadway Sheaf) and Role Highway35(MainSmoot) Senior Planner Theresa Grahmann stated the applicant has wid drawn (heir request toravariancebylell Thislalerwasfeceiuedonhne25,2008 No action was nacossary. VARIANCE APPLICATION NO, 4008.14 Acting Chairperson Willard Bdlay read the purpose of to hearing A requesl by Carol DuBos Wroten, owner, for a variance from the requiremeds of Solon 2A2.71c1121 Size of Yards far Single family Residential - 3 Distdd (a requasl to allow a raduoad setback far the rear yardl, of the United Development Code, Ordinance No, W, on the following descdbed propshy, to wit: Lot 1, Blook 2, of Sunset lakes Sol 2, a subdivision as recorded in Volume 19, Page 433436 of Lha Plal Records of Brazona Couoly, Texas, City of Pearlandj BrazodaCounty,Texas (t aledal3615SuoselMeadowsDrive). Senior Planner Theresa Gmhmaan read Vie stall repoh. Ms. Carol Du Bos Wroten of 3615 Sunset Meadow Dr., Pearland, Teras, spoke of her request far an atltl8lon to her house. Ms. Wmtap stated she had an arch'hact draw up plans, but whec the contractor applied for the pennh Is when 8 was brought to her ahentionihattheadditroncoultlnotbetlooe. Thus.thereasonloravadance There was some discussion with regards to setbacks and encroachment Board Member David Torok asked If the appllcanl could go ahead and obtain a Waiver of Encroachment. Ms. Wroten slated she would be willing to only ask for a lour -feet valance. Discussion continued withregartlstothesize oftleroom, Acting Chairyaman Wllled Bliley adjourned the meefmg at 6:14 p.m. Board Member D8vl Torok made the motion to approve, and Ahemata Board Member Shannon Mckille seconded. The vote was 04. The valance was denied VARIANCE APPLICATION NO, 2118.15 Ading Chairperson Willad Briley read the purpose of tl e hearing A request byC Shane Johnson, applicant for D R Hodon-America's Builder, owner, far a variance Imm the requirements of Solon 2.427 Icl 121 Size of Yards for S'li Fal Residential -3 Dista la mquosi to allow a mducad setback for the side yardl, Palo f 0l4 NUB of the Untlled Development Code, Ordinance No 2666•T, on the fallowing tlascdbed p[opedy,towit! Lot 1, Block 1, of the Amending Plaf of a Final Plef of Autumn lake Section 1, a subdivision as recorded in Volume 21, Page 311- 382, of the Plat Records of Bmaone County, Texas. City of Peadamd, Bratola Counfg Texas (fooafatl al 10102 Han Falls Dtive. Senior Plane[ Theresa Gmhmann read the stall report. Mc Bo Dawson, Atlomey for DR Herton,116 S. Past Oak Bn., Suite 59,, Housloo, TX 11056spoW on bohatlof theapplicaolexplaining that Mr Shane Johnson Is no longer employed with D R Horton. Mi. Dawson made the applicant presentation and d'mUibuted photos of the house explaining that the green tag was issued by the chy and was done so enooeousN, Mr Dawson also stag Slat D R Horton would nol be asking foi any addh'mnal variances on This house This valance would all the poll homeowner to move In, while allowing the adjoining neighbor to have an occupant, and would save the destmctlon of a house Mr. Dawson added Ihat if the vxiaoce was gmntetl, the house could be [eatly in 30 days Board Member Davi Tot brought up the fad thal the green tag that was Issued in error was discovered before the cement was poured and this was a ccocem that the Board had. Mc David Tot asked if the issue was a iepuest due to hardship for financial [easons Mr. Bo Dawson stated the other pad of the issue is to get a taxpayer loco the house, aotl to keep the tam down house from going to a laotlfill Mi. Dawson brought up the issue of V e UDC not specifically sNting a p[ovision'in R3 Zone wit regards to iotelm yard setback due to this befog a comer lot. Board Member David Torok asked if the buyers still want to purchase this home Mr Dawson replied yes. Board Member David Tomk asked what fie buyefs iecoume was with D R Hodon Mr. Dawson staled he was not sure Actlog Chairpemon Willard Biliq adjoumed the meefmg 11 6:33 p.m. Ahsmane Board Member Mary Elam Made hie motion toappmve, aotl Alternate Board Member Shannon Ml seconded The vote was K. The va[iaoce was denied Board Member David Tomk, and Al Boaitl Member Ml Elam voted in oppositloo IV. ADJOURNMENT OF REGULAR MEETING Alternate Board Member Willa�tl Bailey adjoumed the meellog at 6:33 p.m. Pag8 W iBAigis TheseminutesT pecdullysubmidedby lww Judy 60,Pl oiog mi sirativesecretary Minutes approvedassubmitledaotcouecledeotMs101 day of July, M, A. D. Dale Pillow, Chairyemoo pgeO 2e40W