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2009-05-07 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTES TUESDAY, MAY 7, 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 Torok Board Member Willard Briley Board Member Don Glenn Alternate Board Member Mary Elam 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 Mary Elam made the motion to approve the April 2, 2009 minutes, and Board Member David Torok seconded. The vote was 5-0. The minutes of April 2, 2009 were approved. NEW BUSINESS Chairperson Dale Pillow opened a public hearing for ZBA Application No. 2009-09 at 6:07 p.m. ZBA APPLICATION NO. 2009-09 Request of Thomas Sullivan, applicant and, owner, for a special exception provided by section 2.7.3.4 of the Unified Development Code, Ordinance No. 2000-T, reconstruction of a partially destroyed nonconforming accessory building on the following described property: Page 1 of 3 ZBA 050709 Lot 8, Block 8, West Lea Subdivision 2, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 11, page 69 of the plat records of Brazoria County, Texas (Located at 6930 West Lea). Chairperson Dale Pillow read the purpose of the hearing. Planning Technician Ian Clowes read the staff report stating the applicant was seeking to rebuild a shed on the same foundation as a previous shed that was destroyed by Hurricane Ike in September 2008. Currently, the UDC does not permit accessory structures in the side yard. Staff is in the process of proposing an amendment to the UDC that would permit accessory structures in the side yard. Board Member Don Glenn arrived at 6:08 p.m. Mr. Thomas Sullivan and Mary Jane Sullivan of 6930 West Lea Lane, Pearland, Texas and also of 5215 Raintree Drive, Missouri City, Texas spoke. Mr. Sullivan stated their home has flooded seven (7) times and spoke about the culverts and drainage. Mr. Sullivan explained he wants to build a building to replace the one that was torn down. Board Member David Torok inquired about the staff proposal for the amendment to the UDC. Planning Technician Ian Clowes stated if the amendment was approved, this structure would be allowed. Chairperson Dale Pillow asked if Mr. Sullivan received an approval or denial from the Home Owners Association. Mr. Sullivan stated he did not. Board Member David Torok inquired why the staff report states the HOA approved this. Planning Technician Ian Clowes stated he was led to believe by Mr. Sullivan that the HOA approved this. Board Member Torok stated that most of the opposition received on this day, was by the HOA members. Alternate Board Member Jerry Acosta asked if under the new amendment to the UDC, would the owner be allowed to have a structure over five feet in height. Planning Director Lata Krishnarao replied yes, and stated the existing garage is attached, and could have two additional structures. There was brief discussion if the Sullivan's had rented the property in the past and if they had stayed in the home for any length of time. Chairperson Dale Pillow adjourned the public hearing for ZBA Application No. 2009- 09 at 6:20 p.m. The vote was 1-4. Board Members Pillow, Briley, Glenn, and Alternate Member Elam voted in opposition. ADJOURNMENT OF REGULAR MEETING Board Member Dale Pillow adjourned the meeting at 6:20 p.m. Page 2 of 3 ZBA 050709 These minutes respectfully submitted by: rTIA _z A C� Jud­yKiVajc_a­,_Pl6hning mi strative Secretary Minutes approved as submitted and/or correc on this 4t day of June, 2009 A.D. Donald 66r), &4,n) CII.Irpcc-C-o n Page 3 of 3 ZBA 050709