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2008-09-04 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTES THURSDAY SEPTEMBER 4, 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 6:05 p.m. with the following in attendance: Chairperson Dale Pillow Board Member Wm. David Torok Board Member David AK Smith Alternate Board Member Marvin Elam Alternate Board Member Jerry Acosta Also in attendance were Planning Director Lata Krishnarao, Deputy City Attorney Nghiem Doan, and Planning Administrative Secretary Judy Krajca. APPROVAL OF MINUTES Board Member David Smith made the motion to approve the August 7, 2008 minutes, and Board Member David Torok seconded. The vote was 5-0. The minutes of August 7, 2008 were approved. NEW BUSINESS Chairperson Dale Pillow opened a public hearing for Variance No. 2008-21 at 6:06 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 Page 1 of 2 ZBA 09/04/08 Located at the Northwest Corner of FM 518 (Broadway Street) and Miller Ranch Road (County Road 93)) Planning Director Lata Krishnarao read the staff's report stating this request was for a special exception (not a variance). The applicant is proposing another phase of development near the 24 Hour Fitness building, called the Tutor Time School. The subject property, including all the developed parcels indicated, are all part of the same lot. The applicant is requesting a special exception for the non -conformities. Staff received no public comment forms. Sharon Haden of Lasco Development, 3301 Edloe, Suite 100, Houston, Texas 77027 was present and spoke. Ms. Haden stated the applicant is requesting a 30 -foot landscape setback. There was no one present to speak for or against the proposed request Board Member David Torok inquired about the parking lot and building. Planning Director Lata Krishnarao and Deputy City Attorney Nghiem Doan both explained that the special exception is for the entire site, but is only for the existing buildings that exist on 518/Broadway. Chairperson Dale Pillow adjourned the public hearing at 6:14 p.m. Alternate Board Member Mary Elam made the motion to approve, and Board Member David Torok seconded. The vote was 5-0. Variance No. 2008-21 was approved. DISCUSSION ITEM Planning Director Lata Krishnarao stated that there might be a conflict with the next, regularly scheduled meeting of October 2, 2008 and asked the Board if any variance applications were submitted, would the Board be open to meet on October 9, 2008. Chairperson Dale Pillow stated this would work favorably for her as she would not be able to attend the October 2, 2008 meeting. All Board Members were in favor of an October 9, 2008 meeting, if necessary. ADJOURNMENT OF REGULAR MEETING Board Member Pillow adjourned the meeting at 6:17 p.m. These minutes respectfully submitted by: Judy Kraj , Plan ng d inist tive Secretary Minutes approved as submitted and/or corrected on this 9th day of October, 2008, A.D. Dale Pillow, Chairperson Page 2 of 2 ZBA 09/04/08