Loading...
2008-10-09 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTES THURSDAY OCTOBER 9, 2008 6:00 P.M. COMMUNITY CENTER, CITY HALL 3523 LIBERTY DRIVE PEARLAND,TEXAS CALL REGULAR MEETING TO ORDER Chairperson Dale Pillow called the meeting to order at 6:08 p.m. with the following in attendance: Chairperson Dale Pillow Board Member Wm. David Torok Board Member David AK Smith Board Member Don Glenn 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 Don Glenn made the motion to approve the September 4, 2008 minutes, and Board Member David Smith seconded. The vote was 5-0. The minutes of September 4, 2008 were approved. NEW BUSINESS Chairperson Dale Pillow opened a public hearing for Variance No. 2008-23 at 6:09 p.m. VARIANCE APPLICATION NO. 2008-23 Chairperson Dale Pillow read the purpose of the hearing. A request of Glenn Garrison, owner, for a Special Exception to provide parking on a separate lot as allowed by Section 4.2.1.2 (d) of the Unified Development Code, Ordinance No. 2000-T, on the following described property, to wit.- 0.677 it. 0.677 acres of land, shown as Lot 2 on Final Plat, Garrison Office Park, being a replat of Lot "A', Colony Park Commercial, Section 2, recorded as document number 2006017460, in the plat records of Brazoria County, Texas (located at 5523 Broadway). Planning Director Lata Krishnarao explained the public hearing process. Page 1 of 5 ZBA 10/09/08 Planning Director Lata Krishnarao read the staff's report and stated the applicant is planning to expand the facility and add six more treatment rooms. There are 23 spaces on site and with the addition, 60 spaces would be required. Therefore, 37 additional spaces are required for the expansion. The applicant has a recorded parking agreement with the adjoining Epiphany Lutheran Church to share their parking spaces. Dr. Glenn Garrison, owner and applicant, of 3609 Lynnhaven, Pearland, Texas spoke. Mr. Larry Woffel of 2311 Marys Creek Ct., Pearland, Texas spoke on behalf of Epiphany Lutheran Church stating the contract was in place and the church had no problem with Dr. Garrison's plans. Mr. Woffel also stated that they would not have a problem with amending the agreement for more clarity. Board Member David Torok asked Deputy City Attorney Nghiem Doan about requiring the applicant to make the application subsequent to this agreement. Mr. Doan did not feel this was necessary. Alternate Board Member Jerry Acosta inquired about the landscaping to be done. Planning Director Lata Krishnarao stated the applicant would be required to meet all landscaping regulations from the UDC. Mr. Acosta also inquired about the bridge and the completion of it, based on the aerial photo. Dr. Garrison replied that since the aerial photo was taken, the bridge has been completed and all other landscaping required would be done. Dr. Garrison also mentioned having a previous Pre - Development meeting, and would probably schedule another to recap all the requirements within the UDC. Chairperson Dale Pillow commented that she liked the idea of shared parking and saving as much of the green space as possible. Chairperson Dale Pillow adjourned the public hearing for Variance Application No. 2008-23 at 6:25 p.m. Planning Director Krishnarao added that staff had received two public comment forms in favor of the variance. Board Member David Torok made the motion to approve the Special Exception to permit the applicant to use 37 parking spaces located on the adjoining Epiphany Lutheran Church and Family Life Center parcel, and a copy of the recorded agreement be provided before a permit is issued, and Board Member Don Glenn seconded. The vote was 4-0. Variance No. 2008-23 was approved with conditions. Board Member David A.K. Smith abstained. VARIANCE APPLICATION NO. 2008-24 Request of Potbelly Sandwich Works, applicant, and CBL & Associates Properties, Inc., owner, for a variance to allow attached sign to extend above the permitted height as required by Section 4.2.5.2 (a) of the Unified Development Code, Ordinance No. 2000-T, on the following described property, to wit: Page 2 of 5 ZBA 10/09/08 Being 1.55 acres of land, shown as Lot 6 on An Amending Plat of a Replat of Pearland Town Center, being an amendment to replat of Pearland Town Center, as recorded under file number 2007053411 of the plat records of Brazoria County, Texas (located at 11200 Broadway). Planning Director Lata Krishnarao stated the applicant had withdrawn their application. VARIANCE APPLICATION NO. 2008-25 Request of Paul LaChance, owner and applicant, for a Variance from Section 2.4.5.1 (d) (2) of the Unified Development Code, Ordinance No. 2000-T, regarding transparency requirement, on the following described property, to wit: Being 0.9960 acre of land, Block 1, Lot 2, as shown on Minor Subdivision Plat Pearland ISD Administration Building, recorded under file number 2008043425 in the plat records of Brazoria County, Texas (generally located at 1928 North Main Street). Planning Director Lata Krishnarao stated the applicant had failed to post their sign notifying the public of the variance, and therefore, the item would be tabled to the next scheduled meeting. VARIANCE APPLICATION NO. 2008-26 Request of Cristal Villareal, applicant, and Kormex Foods, owner, for a Variance from Section 4.2.5.2 (a) (2) of the Unified Development Code, Ordinance No. 2000-T, regarding attached wall signs, on the following described property, to wit: Shown on Topographic Survey of 0.7997 acre, Restricted Lot "G'; Partial Replat of Shadow Creek Ranch Commercial Site No 18-A, T. C. C. R Survey, Sec. 4, Abstract No. 675, City of Pearland, Brazoria County, Texas (generally located at 11623 Shadow Creek Parkway). Planning Director Lata Krishnarao stated the applicant had withdrawn their application, as a variance was not required. Chairperson Dale Pillow opened the public hearing for Variance No. 2008-27 at 6:29 p.m. VARIANCE APPLICATION NO. 2008-27 Chairperson Dale Pillow read the purpose of the hearing. Request of Pizza Duo, applicant, and Pearland Westside Assoc. LTD., owner, for a Special Exception to resume a previously abandoned nonconforming use, as per Section 2.7.3.7.(a)(3) of the Unified Development Code, Ordinance No. 2000-T, on the following described property, to wit: Tract One and Tract Two, 5.8897 acres, out of Reserve "A" in the Replat of Corrigan Addition Section 1, according to map or plat thereof recorded in Page 3 of 5 ZBA 10/09/08 Volume ll, page 97-98 of the Brazoria County Plat Records (generally located at 5020-5040 Broadway Street). Planning Director Lata Krishnarao read the staff's report and stated the property is zoned NS (Neighborhood Services) that requires a Conditional Use Permit (CUP) for a restaurant in an NS zone. Since the property does not have a CUP, the existing restaurants are non -conforming. Any non -conforming use discontinued for a period of more than six months loses its non -conforming status. However, the UDC allows resumption of a discontinued use by a Special Exception. Ms. Krishnarao added that staff received 3 public comment forms in opposition of the request. Mr. Mike Chance of 3117 Autumn Ct., Pearland, Texas spoke as Leasing Agent, on behalf of the owner. Mr. Chance stated that after Mely's vacated, the owner did try to lease the space out to another restaurant, but was unsuccessful. They were unaware that a special exception would be required to move in after a six month period of time had passed. Mr. Lee Jackson, applicant, of 2409 Gallian Point Ct., Pearland, Texas spoke and said he wishes to operate Pizza Duo as a family oriented business. Mr. Jackson also stated that there would be no alcohol served, the Community is excited that the restaurant is coming to the area, Pizza Duo will close at 10:00 p.m., there will be security in the shopping complex, and his business will help school fundraisers. Ms. Jeanne Jordan of 2609 McLean Rd., Pearland, Texas spoke as a residence directly behind the shopping center, and lives on the corner. Ms. Jordan stated she welcomes new business but that the complex has gone down. If alcohol was to be served, she had a problem with it. If no alcohol, then she would be in favor of the restaurant. Board Member David Smith asked Mr. Chance about the economic affect on the property, as mentioned in the UDC, 2.7.3.7 (a) 3. Mr. Chance replied that the burden fell to the property owner to convert the restaurant to another use. Mr. Chance also added that the longer the property remains vacant, the owner loses money. Mr. Chance also stated that there were only 4 walls with the space, and that the applicant will be using 4800 s.f. of the space and not the entire space that Mely's Restaurant used to occupy. Board Member Torok asked if any conditions need to be stated in the motion to approve. Planning Director Krishnarao replied yes. Planning Director Krishnarao also stated that with a special exception, conditions can be approved such as hours of operation, and the specific space that will be used. Board Member David Smith made the motion to approve with the condition that 4800 s.f. be used at the location known as 5040 Broadway , Suite 5018 and 5020, and Board Member David Torok seconded. The vote was 5-0. Variance No. 2008-27 was approved. DISCUSSION ITEM Planning Director Lata Krishnarao stated training would be scheduled at the next meeting, on November 6, 2008. Page 4of5 ZBA 10/09/08 ADJOURNMENT OF REGULAR MEETING Board Member Pillow adjourned the meeting at 6:17 p.m. These minutes respectfully submitted by: Judy Kra' , Pla ing Ad ini rative Secretary Minutes approved as submitted and/or corrected on this 6th day of November 2008, A.D. Dale Pillow, Chairperson Page 5 of 5 ZBA 10/09/08