2009-01-08 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESZONING BOARD OF ADJUSTMENT
REGULAR MEETING
MINUTES
THURSDAY JANUARY 8, 2009
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 6:05 p.m. with the following in
attendance:
Chairperson Dale Pillow
Board Member David AK Smith
Board Member Willard Briley
Board Member Don Glenn
Alternate Board Member Jerry Acosta (arrived at 6:23 p.m.)
Also in attendance were Planning Director Lata Krishnarao, Deputy City Attorney
Nghiem Doan, Planning Technician Ian Clowes. and Administrative Secretary Judy
Krajca.
APPROVAL OF MINUTES
Board Member David Smith made the motion to approve the December 4, 2008
minutes, and Board Member Willard Briley seconded.
The vote was 4-0. The minutes of December 4, 2008 were approved.
NEW BUSINESS
Planning Director Lata Krishnarao explained the public hearing process.
Chairperson Dale Pillow stated that Variance No. 2008-30 was being tabled, due to
failure to post notification sign.
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
it:
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).
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No action necessary.
Chairperson Dale Pillow opened a public hearing for Variance No. 2009-01 at 6:08
p.m.
VARIANCE APPLICATION NO. 2009-01
Chairperson Dale Pillow read the purpose of the hearing.
Request of Scott Shatto, applicant and owner, for a variance and special
exception from the requirements of Section 2.4.2.5 (2) of the Unified
Development Code, Ordinance No. 2000-T, to allow a building encroachment
within the required rear and side setback on the following described property,
to wit:
Lots 9, Block 13, Sleepy Hollow Estates, Brazoria County, Texas, according to
the map or plat thereof recorded in Volume 10, page 13-16 of the plat records
of Brazoria County, Texas (Located at 1804 McGinnis Street).
Planning Director Lata Krishnarao read staff's report stating four (4) public comment
forms were received with all in favor.
Mr. Scott Shatto, 1804 McGinnis, Pearland, TX spoke of his plans to construct a
home, and why the original structures were located as they were, due to an old
pipeline easement.
There was no one present to speak for or against the variance and special exception
request.
Board Member Don Glenn inquired if the garage was not attached by the patio cover,
then would only the side yard be non -conforming? Planning Director Lata Krisharao
replied yes.
Chairperson Dale Pillow asked if the ZBA could grant a variance from 3.4' to 20', as
this is over 50%. Deputy Attorney Nghiem Doan stated this would be a concern.
Alternate Board Member Jerry Acosta arrived at 6:23 p.m.
Board Member Willard Briley asked the applicant if the patio cover was ever permitted.
The applicant was not certain, as too much time had passed.
Chairperson Dale Pilllow adjourned the public hearing for Variance No. 2009-01 at
6:25 p.m.
Board Member Willard Briley made the motion to approve the special exception for the
side yard setback of 6.5' and 6.2', and Board Member Don Glenn seconded.
The vote was 4-1. The special exception was approved. Board Member David Smith
voted in opposition.
Board Member Willard Briley made the motion to approve the variance for the rear
yard setback from 20' to 3'.4" for the attached garage, and Board Member David Smith
seconded.
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The vote was 0-5. The variance was denied.
Chairperson Dale Pillow opened a public hearing for Variance No. 2009-02 at 6:27
p.m.
VARIANCE APPLICATION NO. 2009-02
Chairperson Dale Pillow read the purpose of the hearing.
Request of Boundary One, LLC applicant, and Aggreko, L.P., owner, for a
special exception from the requirements of Section 2.4.4.7 (c) 2, to allow a
building encroachment within the required rear and side setback and Section
2.4.5.1 (c) 2 of the Unified Development Code, Ordinance No. 2000-T, to
reduce required landscape buffer on the following described property, to wit.
13.285 acres on tracts 3, 4 and 4A, Pearland South Industrial Park, according
to the map or plat thereof recorded in Volume 16, page 33-34, B.C. P.R. out of
the F.B. Drake Survey, Abstract No. 507 City of Pearland, Brazoria County,
Texas. (Located at 3732 Magnolia)
Planning Director Lata Krishnarao read staff's report.
Mr. Thomas Offenburger, Boundary One, LLC, 150 W. Shadowbend, Ste. 5300,
Friendswood, Texas spoke on the need for the 3 special exceptions.
Mr. Joe Gallagher of 3802 Magnolia, Pearland, Texas spoke on behalf of Aggreko,
L. P.
Board Member David Smith asked what needs to be done to move forward, such as
tabling or adding conditions. Deputy City Attorney Nghiem Doan replied that it needs
to be clear what the Board is voting on.
Chairperson Dale Pillow asked if plans existed for the expansion of Magnolia, what the
specifics were on the exceptions being sought, and future construction plans.
Planning Director Lata Krishnarao stated that due to platting issues, the need for a
special exception was required for the existing buildings only. Ms. Krishnarao also
added that staff could work with the applicant on landscaping issue.
Chairperson Dale Pillow adjourned the public hearing for Variance Application No.
2009-02 at 6:39 p.m.
Board Member Don Glenn made the motion to approve the special exception for the
rear and side setback, Also allowing the reduction of the required 25' rear and side
setback to the current setback measurements of: 15.26' 15.26' 14.78' 9.76' 21.76'
19.28' for existing buildings as show in the attached drawings. All new construction
must conform to the Unified Development Code requirements; and, Board Member
Willard Briley seconded.
The vote was 5-0. The special exception allowing encroachment of existing buildings
into the rear and side setbacks was approved. Also approved was the reduction of the
required 25' rear and side setback to the current setback measurements of: 15.26'
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15.26' 14.78' 9.76' 21.76' 19.28' for existing buildings as show in the attached
drawings. All new construction must conform to the Unified Development Code
requirements.
Board Member Don Glenn made the motion to approve the special exception to
reduce the required 30' landscaping buffer, and Board Member David Smith
seconded.
The vote was 0-5. The special exception failed due to lack of information.
Board Member Don Glenn made the motion to approve the special exception to
reduce the required landscaping standards, and Board Member Willard Briley
seconded.
The vote was 1-4. The special exception failed, with Board Members Pillow, Briley,
Glenn, and Smith voting in opposition.
Chairperson Dale Pillow stated that Variance No. 2009-03 was being tabled, due to
failure to post notification sign.
VARIANCE APPLICATION NO. 2009-03
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.-
7.4119
it:
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.)
No action necessary.
Chairperson Dale Pillow opened a public hearing for Variance No. 2009-04 at 6:41
p.m.
VARIANCE APPLICATION NO. 2009-04
Request of David D'Agostaro, owner, for a variance from section 2.4.5.1 of the
Unified Development Code, Ordinance No. 2000-T, to reduce the required
building transparency and to increase the allowed distance between
parking spaces and required trees, on the following described property, to wit:
20.2120 Acres, shown in the H. T. and B. R. R. Co. Survey Abstract No. 308 City
of Pearland, Brazoria County, Texas (4170A Main St.).
Chairperson Dale Pillow read the purpose of the hearing.
Planning Director Lata Krishnarao read staff's report.
David D'Agostaro of 4170-A Main St., Pearland, Texas spoke of what needs to be
done in order for him to move forward.
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There was no one present to speak for or against the proposed variance.
Chairperson Dale Pillow asked if the variance for the exterior wall facing could be
granted from 20% to 12.5%, and if this was considered more than 50%. Deputy City
Attorney Nghiem Doan replied that it would be okay, as this was still within the realm.
Chairperson Dale Pillow asked about the variance for the parking spaces, indicating
that the applicant is requesting 150' as opposed to the required 50'. Deputy City
Attorney Nghiem Doan replied that exceeded 50%, and would be too great to grant.
Owner, David D'Agostaro asked what would be suitable instead, and Board Members
Don Glenn and Dale Pillow both replied 50'.
Board Member Willard Briley inquired about the transparency code. Planning Director
Lata Krishnarao explained that the variance would go with the land and not the
business. Deputy City Attorney Nghiem Doan concurred.
Chairperson Dale Pillow adjourned the public hearing for Variance No. 2009-04 at 6:55
p.m.
Alternate Board Member Jerry Acosta made the motion to approve the variance
reducing the transparency to 12.5%, and Board Member Don Glenn seconded.
The vote was 0-5. The variance was denied.
Alternate Board Member Jerry Acosta made the motion to approve the variance for the
parking lot spaces to 50', and Board Member Willard Briley seconded.
The vote was 0-5. The variance was denied.
Chairperson Dale Pillow opened a public hearing for Variance No. 2009-05 at 6:58
p. M.
VARIANCE APPLICATION NO. 2009-05
Request of Guru Om Sai., applicant and Pearland Hughes—West Development,
owner, for a variance from section 4.2.1.2 of the Unified Development Code,
Ordinance No. 2000-T, to allow parking on adjoining property, on the following
described property, to wit:
0.945 Acres, situated in the H.T. and B. Railroad Company Survey, Abstract
No. 242, City of Pearland, Brazoria County, Texas (7918 Broadway).
Chairperson Dale Pillow read the purpose of the hearing.
Planning Director Lata Krishnarao read staff's report stating two public comment forms
were received in favor of the variance.
Sudersan Jambulapati, 7902 Broadway, Pearland, Texas spoke on behalf of the
applicant.
There was no one present to speak for or against the variance.
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Deputy City Attorney Nghiem Doan asked if staff had received any inclination that the
revised agreement would be signed, as advised by the City of Pearland Legal
Department. Mr. Doan recommended that it be tabled until an agreement could be
brought forward, or make it a condition of approval stating that permits would not
issued until the agreement is in place.
Chairperson Dale Pillow adjourned the public hearing for Variance No. 2009-05 at 7:02
p.m.
Board Member David Smith made the motion to approve the special exception with the
condition that a drafted, signed agreement approved by the City of Pearland Legal
Department is in place before issuing any permits, and Board Member Willard Briley
seconded.
The vote was 0-5. The special exception was approved, allowing the applicant to
lease adjoining property to be used as parking for the applicants' property, with the
condition that the agreement between Guru Om Sai and Pearland Hughes -West
Development be corrected per the City of Pearland Legal Departments request,
signed, and recorded before the issuance of a building permit.
There was a brief discussion with regards to scheduling the next meeting in February
due to some conflicts regarding attendance. It was decided to hold the February ZBA
meeting on Tuesday, February 3, 2009, beginning at 6:00 p.m.
ADJOURNMENT OF REGULAR MEETING
Board Member Dale Pillow adjourned the meeting at 7:05 p.m.
These minutes respectfully submitted by:
%ems
Judy KrajcIA, Plan ing AdnAndrative Secretary
Minutes approved
as submitted and/or corrected on this 3rd day of February, 2009
A. D.
Dale Pillow, Chairperson
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