2008-12-04 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESZONING BOARD OF ADJUSTMENT
REGULAR MEETING
MINUTES
THURSDAY DECEMBER 4, 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 6:15 p.m. with the following in
attendance:
Chairperson Dale Pillow
Board Member Wm. David Torok
Board Member David AK Smith
Board Member Willard Briley
Board Member Don Glenn
Also in attendance were Planning Director Lata Krishnarao, Deputy City Attorney
Nghiem Doan, and Administrative Secretary Judy Krajca.
Attending, but not actively participating was Alternate Board Members Marvin Elam,
Jerry Acosta, Anne Talbot, and Shannon McAuliffe. Staff members Ian Clowes,
Planning Technician, and Richard Keller, Plans and Plat Administrator were also
present in the audience.
APPROVAL OF MINUTES
Board Member Willard Briley made the motion to approve the November 6, 2008
minutes with a correction to page 1, and Board Member Don Glenn seconded.
The vote was 5-0. The minutes of November 6, 2008 were approved.
NEW BUSINESS
Planning Director Lata Krishnarao explained the public hearing process.
Chairperson Dale Pillow opened a public hearing for Variance No. 2008-29 at 6:16
p.m.
VARIANCE APPLICATION NO. 2008-29
Chairperson Dale Pillow read the purpose of the hearing.
Request of Sparkle Sign Inc., applicant and Neal Wade (AmREIT), owner, for a
variance from section 4.2.5.4 of the Unified Development Code, Ordinance No.
Page 1 of 4
ZBA 12/04/08
2000-T, to reduce the distance between signs, on the following described
property, to wit:
38.6636 Acres, shown in TC. RR. CO. SUR., SEC 4, A-675, Brazoria County
(2810 Business Center Drive).
Planning Director Lata Krishnarao read the staff's report stating the applicant was
seeking a variance to reduce the required 600' distance between multi-user sign to
300' and is proposing a third multi-user sign along Broadway within 300' of a current
multi-user sign. Staff had concerns with the sign being too close to the existing multi-
user sign, and that the proposed sign will be located in the required landscaped buffer
between this development and the adjoining residential. Planning Director Lata
Krishnarao added that staff received 8 public comment forms in opposition.
George Lowery with Sparkle Sign, 7938 Bright Road, Houston, Texas spoke on behalf
of AmREIT, explaining their request for a variance.
Tim Shear of 7807 Spear Hollow Court, Missouri City, Texas spoke in favor of the
variance request.
Planning Director Lata Krishnarao added that this variance could not be heard in
November as the applicant failed to post the Variance Notification sign.
Board Member Don Glenn inquired if the existing sign were to be moved 300' east,
would it be in agreement with the ordinance.
Chairperson Dale Pillow adjourned the public hearing for Variance Application No.
2008-29 at 6:35 p.m.
Board Member Don Glenn made the motion to approve Variance No. 2008-29, and
Board Member David Torok seconded.
The vote was 0-5. Variance No. 2008-29 was denied
VARIANCE APPLICATION NO. 2008-30
Request of Stacey Wasek, applicant and Don Wasek, owner, for a variance
from the requirements of Section 4.2.5.3 (3) of the Unified Development Code,
Ordinance No. 2000-T, to allow an increase in sign area located on the
following described property, to wit.
Lots 17-32, Block 28, Pearland Townsite, Brazoria County, Texas, according
to the map or plat thereof recorded in Volume 29, page 41 of the deed records
of Brazoria County, Texas (Located at 2541 South Main Street).
Planning Director Lata Krishnarao stated the applicant failed to post a notification of
hearing sign; therefore, a hearing could not be held.
No action necessary.
Chairperson Dale Pillow opened a public hearing for Variance No. 2008-31 at 6:36
p.m.
Page 2 of 4
ZBA 12/04/08
VARIANCE APPLICATION NO. 2008-31
Request of Beazer Homes Texas, L.P., owner, for a variance from the
requirements of Section 2.4.2.5 (c) (2), of the Unified Development Code,
Ordinance No. 2000-T, to allow a building encroachment within the required
rear setback on the following described property, to wit:
Lot 11, Block 2, Final Plat of the Lakes of Highland Glen, Section 12 Brazoria
County, Texas, C.F. # 2008001563, official records, Brazoria County, Texas
(Located at 1405 Laurel Leaf Lane.)
Planning Director Lata Krishnarao read the staff's report stating the applicant was
seeking a variance to reduce the required 20' rear yard setback, as the site has been
built out with a home that encroaches into the rear setback.
Greg Coleman of Beazer Homes, 10110 W. Sam Houston Parkway, Houston, Texas
spoke, as did Greg Beacon of Beazer Homes. Mr. Beacon had a handout, and
proceeded by explaining how the mistake was made.
Deputy City Attorney Nghiem Doan brought up another variance hearing that was
similar to this, yet different because in this case, the applicant did not knowingly move
forward once the mistake was discovered.
Board Member David Smith asked if the builder had in place a revised form checklist,
and Mr. Greg Beacon replied yes. Board Member Smith asked what would happen if
the variance were to be denied, and Mr. Beacon replied that they would have to start
over. A question came up about shaving off a portion of the front of the house that
should have been removed originally, and Deputy City Attorney Nghiem Doan
responded that the encroachment was in the rear; therefore it was not necessary to
shave this portion off.
Chairperson Dale Pillow adjourned the public hearing for Variance Application No.
2008-31 at 6:58 p.m.
Board Member David Smith made the motion to approve, and Board Member Don
Glenn seconded.
The vote was 4-1. Variance No. 2008-31 was approved, with Chairperson Dale Pillow
voting in opposition.
Chairperson Dale Pillow opened a public hearing for Variance No. 2008-32 at 6:58
p.m.
VARIANCE APPLICATION NO. 2008-32
Request of the City of Pearland, applicant and Pearland Independent School
District, owner, for a special exception from the requirements of Section 4.2.1.2
(a) of the Unified Development Code, Ordinance No. 2000-T, to allow shared off
street parking on an adjacent lot on the following described property, to wit:
Page 3 of 4
ZBA 12/04/08
7.4119 acres on Lot 15, section 12, of Abstract A-508, Brazoria County, Texas,
on the Northeast corner of Bailey Rd. and Veterans Dr. (Located at 4141 and
4171 Bailey Rd.)
Planning Director Lata Krishnarao read the staff's report stating the applicant was
seeking a special exception allowing them to enter into an agreement with Pearland
ISD for shared parking on the adjacent lot. Pearland ISD has already built ball fields
and a parking lot.
Mr. Jon Branson, Parks Director for the City of Pearland spoke about this project being
part of the bond referendum in 2006, and this project is actually joint between the City
of Pearland, Pearland ISD, and the Pearland Economic and Development Core.
Board Member David Smith inquired if the 14 temporary parking spaces were on
paved surfaces. Planning Director Krishnarao replied no, that per the UDC, 15% of
the area can be designated for parking. If not, the Planning Director can request
paved area. Deputy City Attorney Nghiem Doan responded that the spaces are held
in reserve.
Chairperson Dale Pillow inquired if the agreement between the parties had been
signed. Parks Director Branson and Deputy City Attorney Doan both replied no.
Parks Director Jon Branson recommended the approval of the special exception be
with the contingency of Pearland ISD's approval. Planning Director Krishnarao stated
that staff recommends a time frame be set before a building permit is issued.
Chairperson Dale Pillow adjourned the public hearing for Variance Application No.
2008-32 at 7:05 p.m.
Board Member David Torok made the motion to approve with the following conditions,
and Board Member David Smith seconded. Allowing the city to utilize 150 spaces
from the adjoining PISD athletic center parking lot, with the condition that the
agreement between PISD and the city be enacted before the issuance of a building
permit.
The vote was 5-0. Variance No. 2008-32 was approved with the condition that the
agreement between PISD and the city be enacted before the issuance of a building
permit.
ADJOURNMENT OF REGULAR MEETING
Board Member Pillow adjourned the meeting at 7:06 p.m.
These minutes respectfully submitted by:
Judy K jca, PI nning AdmiMstrative Secretary
Minutes approved as submitted and/or corrected on this 8th day of January, 2009
A.D.
Dale Pillow, Chairperson
Page 4 of 4
ZBA 12/04/08