2008-08-07 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESZONING BOARD OF ADJUSTMENT
REGULAR MEETING
MINUTES
THURSDAY AUGUST 7, 2008
6:00 P.M.
COUNCIL CHAMBERS, CITY HALL
3519 LIBERTY DRIVE
PEARLAND,TEXAS
CALL REGULAR MEETING TO ORDER
Chairperson Dale Pillow called the meeting to order at 6:11 p.m. with the following in
attendance:
Chairperson Dale Pillow
Board Member Wm. David Torok
Board Member Don Glenn
Board Member Willard Briley
Alternate Board Member Shannon McAuliffe
Alternate Board Member Marvin Elam
Also in attendance were Planning Director Lata Krishnarao, Deputy City Attorney
Nghiem Doan, and Planning Administrative Secretary Judy Krajca.
APPROVAL OF MINUTES
Alternate Board Member Shannon McAuliffe made the motion to approve the July 10,
2008 minutes with corrections, and Board Member Don Glenn seconded.
The vote was 5-0. The minutes of July 10, 2008 were approved with corrections.
Alternate Board Member Shannon McAuliffe made the motion to approve the July 17,
2008 minutes with corrections, and Board Member Willard Briley seconded.
The vote was 4-0. The minutes were approved with corrections. Chairperson Dale
Pillow abstained from the vote.
NEW BUSINESS
Chairperson Dale Pillow opened a public hearing for Variance No. 2008-19 at 6:14
p.m.
VARIANCE APPLICATION NO. 2008-19
Chairperson Dale Pillow read the purpose of the hearing.
A request by Dr. James Parsons, owner, for a variance from the requirements of
Section 4.2.5.4 (b) (5) Multi -Tenant Signs (a request to allow a reduced setback for a
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multi -tenant sign), of the Unified Development Code, Ordinance No. 2000-T, on the
following described property, to wit:
Lot D, Commercial Tract B, Shadycrest Subdivision, W.D.C. Hall League, Abstract 70,
according to the map or plat thereof recorded in Volume 8, Page 95, of the Plat
Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas
(Located at 2016 E. Broadway Street)
Planning Director Lata Krishnarao read the staffs report stating the applicant is
requesting a variance to allow the sign to be placed in the same place as the existing
sign, which is located within the setback. The applicant has indicated that compliance
with the setback would cause them to lose parking spaces on the site, and they are
already under the required number of parking spaces. Ms. Krishnarao stated the need
to know the exact setback number the applicant is seeking, and confirmation on the
multi -tenant sign that it is for two tenants.
There was no one present to speak for or against the proposed request.
Board Member Willard Briley inquired if the request could be tabled. Deputy City
Attorney Nghiem Doan replied yes. Ms. Krishnarao brought up the issue of the
building line and not knowing if this was multi -tenant.
Chairperson Dale Pillow adjourned the public hearing at 6:20 p.m.
Chairperson Pillow explained the voting process by the Zoning Board of Adjustment to
the audience.
Board Member Don Glenn made the motion to approve, and Alternate Board Member
Shannon McAuliffe seconded.
The vote was 0-5. Variance No. 2008-19 was denied.
Chairperson Dale Pillow opened the public hearing for Variance No. 2008-20 at 6:21
p.m.
VARIANCE APPLICATION NO. 2008-20
Chairperson Dale Pillow read the purpose of the hearing
A request by The Mathis Group, 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 expansion of a non -conforming site, to reduce the
width of the required landscape buffer and to not require screening of roof mounted
equipment), of the Unified Development Code, Ordinance No. 2000-T, on the following
described property, to wit:
17.8810 acres, being the Minor Plat of Coppinger YMCA, a subdivision of land out of
the Thomas J. Green Survey, Abstract 198, and the T.D. Yocum Survey, Abstract 399,
as recorded in Document No. 2008001978 of the Official Records of Brazoria County,
Texas, and being out of a called 16.5802 acre tract recorded in Brazoria County
Clerk's File No. 99007098 and a called 1.5030 acre tract recorded in Brazoria County
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Clerk's File No. 01046582, City of Pearland, Brazoria County, Texas (Generally
Located on the South Side of Stratford Street(YMCA Drive, at 2820 Stratford Street)
Planning Director Lata Krishnarao read the staff report stating the applicant is
proposing to add on square footage to the YMCA facility. The addition of additional
square footage triggers certain requirements of the Unified Development Code (UDC).
The overall site was developed prior to the adoption of the Unified Development Code
(UDC). The existing site is grandfathered and non -conforming; however, the addition
of more than 500 square feet of building triggers the requirements of the Unified
Development Code. The expansion of the site requires compliance with the UDC,
which the applicant states is difficult, due to the existing non -conformities of the site.
The applicant is requesting a special exception for the non -conformities of a 25 -foot
landscape buffer; and, screening of mechanical equipment.
Denise Kelm of The Mathis Group, 13135 Dairy Ashford, Sugar Land, Texas present
and spoke on behalf of the applicant. Ms. Kelm distributed a handout and made a
presentation.
The following were present and spoke:
Mr. Ralph Davis, 2903 Castle Court, Pearland, Texas referred to the prior ZBA
meeting and mentioned the meeting that the YMCA had organized. Mr. Davis stated
his biggest concern was that of the neighbors and drainage, and feels a quick fix was
being offered, and the problem not being resolved. Mr. Davis also stated that none of
the neighbors wanted to leave the existing fence, and would like to see a masonry
fence put in.
Mr. John McNulty, 2906 Castle Court, Pearland, Texas spoke, echoing Mr. Davis'
comments. Mr. McNulty stated his major concern was the masonry fence and
drainage, and did not want to see screening added as it had potential of blowing into
his yard during a strong storm.
Mr. Don Whitener, 2902 Castle Court, Pearland, Texas stated shrubbery is not the
solution to drainage.
Mrs. Sharon Whitener, 2902 Castle Court, Pearland, Texas commented that she heard
Ms. Kelm refer to the residence being okay with the existing fence, and this was not
true. Mrs. Whitener stated that after a rain, her backyard is awful and retains so much
water. Mrs. Whitener is in favor of the YMCA, but these issues have not been
resolved.
Mrs. Susie Davis, 2903 Castle Court, Pearland, Texas stated she has lived in
Pearland for 30 -years, knowing Vic Coppinger personally and did not feel he would
have wanted anything harming the neighbors. Mrs. Davis added that they want the
area to be nice, and they want a masonry fence.
Ms. Deborah Strickland, Executive Director of the YMCA, spoke very emotionally and
upset.
Ms. Denise Kelm of The Mathis Group spoke in response to the neighbors concern.
The drainage issue is not necessary for a permit, but an Engineer is required to study
the drainage issue. Ms. Kelm stated they want to work with the neighbors regarding
the masonry fence, but their concern is a utility easement.
Alternate Board Member Shannon McAuliffe stated he would like to see if any rooftop
units added needed to be aesthetically matching in color. Mr. McAuliffe also inquired if
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the YMCA was willing to put up a masonry fence, and added that the City requires
masonry, and the buffer is an issue.
Chairperson Dale Pillow stated the motion needed to clarify the buffer area.
There was much discussion regarding the masonry fence and that the Zoning Board of
Adjustment had no control with regards to the fence; only the buffer and screening on
the roof.
Deputy City Attorney Nghiem Doan read from the Unified Development Code, Section
2.7.3.7 regarding Special Exceptions and Variances.
Much discussion ensued with regards to drainage, easement, fence, landscaping, and
the neighbors.
The Zoning Board of Adjustment and Deputy City Attorney Doan commented that the
drainage issue needed to be taken up with the City Engineer.
Chairperson Dale Pillow adjourned the public hearing at 7:00 p.m.
Board Member Willard Briley made the motion to approve a Special Exception to
reduce the width of the required 25' landscape buffer along the western property line
to the existing 10-12 feet buffer, adjacent to the existing parking lot and reiterated that
the landscaping and masonry fence would be required as per the Unified Development
Code, and Board Member David Torok seconded.
The vote was 5-0. The Special Exception was approved.
Board Member Willard Briley made the motion to approve a Special Exception to
exempt existing roof mounted mechanical equipment from the screening requirements
of the Unified Development Code, and Alternate Board Member Shannon McAuliffe
seconded.
The vote was 5-0. The Special Exception was approved.
Chairperson Dale Pillow opened the public hearing fro Variance No. 2008-21 at 7:01
p.m.
VARIANCE APPLICATION NO. 2008-21
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), 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 Comer
of FM 518 (Broadway Street) and Miller Ranch Road (County Road 93))
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Planning Director Lata Krishnarao stated that a sign was not posted as required, and
deferred the decision to hold the public hearing to the Deputy City Attorney Nghiem
Doan. Mr. Doan stated the public hearing could not be held.
Chairperson Dale Pillow adjourned the public hearing at 7:03 p.m.
Board Member David Torok made the motion to table Variance No. 2008-21 to the
next appropriate meeting, and Board Member Don Glenn seconded.
The vote was 5-0. Variance No. 2008-21 was tabled.
Chairperson Dale Pillow opened the public hearing for Variance No. 2008-22 at 7:03
p. M.
VARIANCE APPLICATION NO. 2008-22
Chairperson Dale Pillow read the purpose of the hearing.
A request by Pearland Building II L.P., owner, for a Special Exception allowed by
Section 2.7.3.7 Special Exceptions for Nonconformities (a request to allow expansion
of a non -conforming site), of the Unified Development Code, Ordinance No. 2000-T,
on the following described property, to wit:
29.896 acres of land, being the Kemlon Minor Plat, as recorded in Document No.
2008029873 of the Official Public Records of Brazoria County, and located within the
H. T. & B.R.R. Company Survey, Section 2, Abstract 542, and the H. T & B.R.R.
Company Survey, Section 3, Abstract 232, and being out of a called 29.90 acre tract of
land as described in Brazoria County Clerk's File No. 97-022679, City of Pearland,
Brazoria County, Texas (Located at 1424 N. Main Street)
Planning Director Lata Krishnarao read the staff report stating the applicant is
requesting a waiver from requirement to not put in islands in the parking lot, and will
bring the entire site to conformance and adding additional landscaping in other areas.
The applicant was not present.
There was no one present to speak for or against the proposed request.
Chairperson Dale Pillow asked that they still comply with the number of trees required
in the UDC, even if not in the parking area. Planning Director Krishnarao explained
their intention further, adding that the Board can make this part of the motion.
Board Member Dale Pillow adjourned the public hearing at 7:10 p.m.
Board Member David Torok made the motion to approve a Special Exception, under
Section 2.7.3.7, to exempt the existing parking lot from the requirement that parking
spaces have to be located within 50' from a tree, reiterating that the entire property
would comply with the total quantity and type of landscaping required by the Unified
Development Code, and Alternate Board Member Shannon McAuliffe seconded.
The vote was 5-0. The Variance was approved.
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ADJOURNMENT OF REGULAR MEETING
Board Member Pillow adjourned the meeting at 7:10 p.m.
These minutes respectfully submitted by:
a -
Judy Kr W a, Plarfning AdinirMstrative Secretary
Minutes approved as submitted and/or corrected on this 4th day of September, 2008,
A.D.
Dale Pillow, Chairperson
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