2008-07-10 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESZONING BOARD OF ADJUSTMENT
REGULAR MEETING
MINUTES
THURSDAY JULY 10, 2008
6:00 P.M.
COUNCIL CHAMBERS, CITY HALL
3519 LIBERTY DRIVE
PEARLAND,TEXAS
1. CALL REGULAR MEETING TO ORDER
Chairperson Dale Pillow called the meeting to order at 6:00 p.m. with the following in
attendance:
Chairperson Dale Pillow
Board Member Wm. David Torok
Alternate Board Member Shannon McAuliffe
Alternate Board Member Marvin Elam
Alternate Board Member Anne Talbot
Also in attendance were Senior Planner Theresa Grahmann, Deputy City Attorney
Nghiem Doan, and Planning Administrative Secretary Judy Krajca.
II. APPROVAL OF MINUTES
Alternate Board Member Anne Talbot made a motion to approve the June 26, 2008
minutes, and Alternate Board Member Marvin Elam seconded, with a correction to a
misspelled word on page three, third paragraph.
The vote was 5-0. The minutes were approved with corrections.
III. NEW BUSINESS
Chairperson Dale Pillow opened a public hearing for Variance No. 2008-16 at 6:01
p.m.
VARIANCE APPLICATION NO. 2008-16
Chairperson Dale Pillow read the purpose of the hearing.
A request by Monica Koerner, applicant for Lennar Homes of Texas Land and
Construction/Village Builders, owner, for a variance from the requirements of Section
2.4.2.8 (c) Size of Yards for the Single Family Residential — 4 District (R-4) (a request
to allow a reduced side yard setback), of the Unified Development Code, Ordinance
No. 2000-T, on the following described property, to wit:
Lot 39, Block 4, of Bellavita at Green Tee Section 5, being a subdivision of 28.0604
acres of land, out of the W.D.C. Hall Survey, Abstract 23, City of Pearland, Harris
County, Texas (Located at 1637 Berlino Drive)
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Senior Planner Theresa Grahmann read the staff report recommending that the side
yard for Lot 39 be increased to 1 -foot and a variance be granted to allow 11 -feet
between dwellings (instead of 15 -feet).
The applicant, Monica Koerner, 550 Greens Parkway #111, Houston, Texas was
present and spoke.
Chairperson Dale Pillow adjourned the hearing.
Alternate Board Member Marvin Elam made a motion to approve, and Board Member
David Torok seconded.
The vote was 1-4. The variance was denied, with Alternate Board Member McAuliffe
voting in favor.
VARIANCE APPLICATION NO. 2008-17
Chairperson Dale Pillow read the purpose of the hearing.
A request by Pearland Fitness Partners, Ltd., owner, for a Special Exception allowed
by Section 2.7.3.7 Special Exceptions for Nonconformities, for requirements in Section
2.4.5.1 Corridor Overlay District (a request to allow expansion of a non -conforming
site, to reduce the width of the required landscape buffer and to reduce the required
percentage of landscaping), of the Unified Development Code, Ordinance No. 2000-T,
on the following described property, to wit:
Lot 1, Block 1, of the Final Plat for Pearland Retail Fitness Center, being a subdivision
of land containing 18.3270 acres in the H. T. & B.R.R. Company Survey, Abstract 304,
City of Pearland, Brazoria County, Texas (Generally Located at the Northwest Corner
of FM 518 (Broadway Street) and Miller Ranch Road (County Road 93))
Senior Planner Theresa Grahmann read the staff report.
Mr. Todd Womack, partner with Pearland Fitness Center spoke on behalf of the
applicant.
There was no one present to speak for or against the proposed variance.
Deputy City Attorney Nghiem Doan spoke with regards to how a variance differs from
a special exception. Mr. Doan also discussed the fact that the map being shown by
the applicant has not been platted as shown, but as one tract. There was much
discussion among the Board and Staff.
Mr. Womack stated that a variance or special exception is not necessary to obtain and
put in a retail strip, but it is in order to subdivide. Discussion continued with regards to
the landscaping.
Chairperson Dale Pillow adjourned the hearing.
Alternate Board Member Shannon McAuliffe made the motion to approve, and Board
Member David Torok seconded.
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The vote was 3-2 for the 30 -foot landscape setback. The special exception was
denied, with Chairperson Pillow, and Alternate Board Member Elam voting against.
The vote was 0-5 for the percentage of landscaping. The special exception was
denied.
IV. ADJOURNMENT OF REGULAR MEETING
Board Member Pillow adjourned the meeting at 6:41 p.m.
These minutes respectfully submitted by:
Judy "jca, PlAninb Allminii9trative Secretary
Minutes approved as submitted and/or corrected on this 4th day of August 2008,
A.D.
Dale Pillow, Chairperson
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