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2009-04-02 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTES TUESDAY, APRIL 2, 2009 6:00 P.M. COMMUNITY CENTER, CITY HALL 3523 LIBERTY DRIVE PEARLAND,TEXAS CALL REGULAR MEETING TO ORDER Acting Chairperson David Torok called the meeting to order at 6:08 p.m. with the following in attendance: Acting Chairperson David Torok Board Member Willard Briley Board Member David AK Smith Alternate Board Member Mary Elam Alternate Board Member Anne Talbot Alternate Board Member Jerry Acosta Also in attendance were Planning Director Lata Krishnarao, Deputy City Attorney Nghiem Doan, Planning Technician Ian Clowes, and Administrative Secretary Judy Krajca. Alternate Board Member Jerry Acosta participated in discussion but was not a voting member. APPROVAL OF MINUTES Alternate Board Member Anne Talbot made the motion to approve the March 5, 2009 minutes, and Alternate Board Member Mary Elam seconded. The vote was 5-0. The minutes of March 5, 2009 were approved. Board Member Willard Briley made the motion to approve the March 19, 2009 minutes, and Board Member David Smith seconded. The vote was 4-0. Board Member David Smith abstained from voting. NEW BUSINESS Acting Chairperson David Torok opened a public hearing for ZBA Application No. 2009-08 at 6:10 p.m. ZBA APPLICATION NO. 2009-08 Acting Chairperson David Torok read the purpose of the hearing. Page 1 of 4 ZBA 040209 Request of Dave Beach, applicant and, owner, for an appeal of staff interpretation of section 2.5.3.1 of the Unified Development Code, Ordinance No. 2000-T, definition of a rear yard at the following described property: Lot 25, Block 2, Shadow Creek Ranch SF -6, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 24, pages 79-81 of the plat records of Brazoria County, Texas (Located at 2303 Shady Cove Court). The applicant and owner, Mr. Dave Beach of 2303 Shady Cove Court, Pearland, Texas gave a detailed presentation and spoke of the discrepancies between Chapter 2 and Chapter 5 of the UDC. Mr. Beach spoke of his rear yard being 22 feet, and with easements, leaves him with only 14 feet. The side yards are about 35 feet on each side, leaving the majority of the property in the side yard. Mr. Beach read the definition of the building area and building setback line from chapter 5 of the UDC, and showed figure 5.2: Building Setback Lines. Mr. Beach proceeded to go over the definitions of front, rear and side yard from chapter 5 of the UDC. Mr. Beach added that in his research of records, he found that eight (8) pool permits were issued in 2009 stating they were consistent with Chapter 2, but not Chapter 5 of the UDC. Mr. Beach gave statistics of the number of pools permitted in the side yard. Mr. Beach continued explaining the UDC's definition verses the Deputy City Attorney's interpretation. Mr. Beach showed several diagrams, prepared by him. Ms. Marla Carnes of 2202 Niems, Pearland, Texas spoke in favor of Mr. Beach's interpretation, and added that she understands that the city has rules for a reason, but there are gray areas in every situation, and asked the Board to please consider individual circumstances. Ms. Kelly Williams of 2304 Paradise Canyon Drive, Pearland, Texas stated she lives behind the Beach's home and is in favor of the appeal. Ms. Williams stated she also was denied a pool permit. Mr. Randy Patro of 5510 Magnolia, Pearland, Texas spoke in favor of the appeal. Planning Director Lata Krishnarao spoke and agreed that the regulations for a pool, similar to other accessory buildings, may not be appropriate. Ms. Krishnarao walked the ZBA through the history of accessory buildings, and referred to the old Land Use and Urban Development Ordinance, that existed prior to the adoption of the UDC, in February 2006, that permitted accessory buildings in side yards. Any permits issued in the side yard since the adoption of the UDC, were issued in error. Currently, the Planning Department is reviewing all permits, thus the reason for this pool permit being denied. Accessory uses include accessory buildings up to 35 feet. Ms. Krishnarao stated that maybe pools need to be taken out of the accessory classification, and taken to City Council for review. Ms. Krishnarao also spoke of dead spaces in Mr. Beach's yard, and spoke of rear yard interpretation. Pools may need to be reviewed under accessories but there will still be issues. Page 2 of 4 ZBA 040209 Deputy City Attorney Nghiem Doan spoke stating he was here to uphold the law. He spoke to the ZBA and stated their job is to uphold the law. Mr. Doan agreed that amendments need to be made but was not the form in which they needed to be made. The UDC does not distinguish between an accessory structure and a pool. Mr. Doan stated that he felt staff needs to meet with council and relax the rules for pools and maybe all accessories. Mr. Doan stated it is regrettable that permits have been issued. Planning Director Lata Krishnarao added explanation why this was an appeal and not a variance. A variance can only be a numeric change. This specific requirement about accessories states they can only be placed in the rear yard. Only City Council can amend this in the future. Staff wants to propose a change so that others like the Beach's can get a variance and not have to request an appeal. Mr. Beach spoke stating that he is not asking to put a pool in the side yard, as he wants to put it in the rear yard. Mr. Beach disagreed with Mr. Doan's interpretation and asked the ZBA to grant the appeal. Alternate Board Member Mary Elam asked Mr. Beach when he goes to his back door and looks out, what does he see. Mr. Beach stated he sees his back yard. Mr. Beach stated that he began speaking with the Planning Department approximately 8 months ago, speaking to both former Senior Planner Theresa Grahmann, and Planning Director Lata Krishnarao. Mr. Beach stated he was never told anything about these setbacks and code interpretation. Mr. Beach got a loan to have his pool put in, but the permit was denied. He now has a pool loan, and no pool. Acting Chairperson David Torok asked if the patio attached would be in the side yard. Mr. Beach replied yes. Acting Chairperson David Torok adjourned the public hearing for ZBA Application No. 2009-08 at 7:05 p.m. Alternate Board Member Mary Elam made the motion to approve Mr. Beach's interpretation, and Board Member David Smith seconded. Alternate Board Member Anne Talbot called for discussion and asked whose interpretation they were voting on, Mr. Beach or staff. Acting Chairperson David Torok stated they were voting on Mr. Dave Beach's interpretation over staff's interpretation. The vote was 0-5. ZBA Application No. 2009-08 was denied. ITEMS FOR DISCUSSION There was brief discussion of the next meeting date, scheduled for May 7, 2009. ADJOURNMENT OF REGULAR MEETING Alternating Board Member David Torok adjourned the meeting at 7:07 p.m. Page 3 of 4 ZBA 040209 These minutes respectfully submitted by: - aLA4� 4 Judy Vajca, Pfanni'ng"kdryinistrative Secretary Minutes approved as submitted and/or Corr cted on this 7th day of May, 2009 A.D. a 0 blg-j/w Dale Pillow, Chairperson Page 4 of 4 ZBA 040209