2009-06-04 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESZONING BOARD OF ADJUSTMENT
REGULAR MEETING
MINUTES
TUESDAY, JUNE 4, 2009
6:00 P.M.
COUNCIL CHAMBERS, CITY HALL
3519 LIBERTY DRIVE
PEARLAND,TEXAS
CALL REGULAR MEETING TO ORDER
Acting Chairperson Don Glenn called the meeting to order at 6:05 p.m. with the
following in attendance:
Acting Chairperson Don Glenn
Board Member David Torok
Board Member David Smith (arrived at 6:14 p.m
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.
APPROVAL OF MINUTES
Alternate Board Member Mary Elam made the motion to approve the May 7,
2009 minutes, and Board Member David Torok seconded.
The vote was 4-0. The minutes of May 7, 2009 were approved.
NEW BUSINESS
Acting Chairperson Don Glenn opened a public hearing for ZBA Application No.
2009-11 at 6:07 p.m.
ZBA APPLICATION NO. 2009-11
Request of Sam Siddiqui, applicant and Black Base, Inc., owner, for a special
exception from the requirements of Section 4.2.1.2 (d) of the Unified
Development Code, Ordinance No. 2000-T, to allow shared off street parking on
an adjacent lot on the following described property:
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Lots 3-7, Block 24, Pearland Old Townsite, according to the map or plat thereof
recorded in Volume 02, Page 12 of the deed records of Brazoria County, Texas
(Located at 3614 Broadway).
Planning Technician Ian Clowes explained the hearing process, and read the
staff report. Mr. Clowes explained that Black Base, Inc. has agreed but has not
prepared a perpetual agreement for shared parking, and added that the owner
stated he would not be in agreement to recording the perpetual parking
agreement, as required by the UDC.
Mr. Everett Alley of 7105 Robin Meadow, Pearland, Texas contractor for the
applicant spoke. Mr. Alley had pictures, but the Board did not request to view
them.
Mr. Tom Alexander of Black Base, Inc., 1803 Washington Irving, Pearland, Texas
stated he represents the area with the parking. The parking has been used in
the past and is in favor of formalizing this agreement as it will improve the look of
the Dairy Queen. Mr. Alexander added that he feels this is a positive
improvement for the Old Town Site area.
Mr. Brad Davis of American DQ Headquarters, 2112 Hearthstone Drive,
Carrollton, Texas spoke stating they are helping to bring the Dairy Queens into
compliance, including ADA compliance, especially those damaged by Hurricane
Ike. He continued by saying that most DQ's do 65-75% of their business
through the drive-thru, and so they are upgrading the drive through at this
location.
Board Member David Torok asked Mr. Alexander about the connection between
Black Base, Inc. and T &B Alexander. Mr. Alexander stated that Black Base, Inc.
owns the Dairy Queen lot, and T&B Alexander owns the lot where the shared
parking would be. Both businesses are part of the Alexander family. Board
Member David Torok asked if they would record the perpetual parking
agreement, and Mr. Alexander asked why it was required. Deputy City Attorney
Nghiem Doan stated that the default is parking on-site. If parking is not available,
then they need to provide off-site parking as close as possible. From a legal
point, his concern is if the owner of the parking lot were to sell his property, the
Dairy Queen would no longer have a parking agreement.
Acting Board member Don Glenn adjourned the public hearing for ZBA
Application No. 2009-11 at 6:25 p.m.
Alternate Board Member Jerry Acosta made the motion to approve, and Board
Member David Torok seconded.
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The vote was 0-5. ZBA application No. 2009-11 failed.
Acting Chairperson Don Glenn opened a public hearing for ZBA Application No.
2009-12at 6:27 p.m.
ZBA APPLICATION NO. 2009-12
Request of Tasha Beale and Nick Cedillo, applicants and Deano Merrigan,
owner, for a special exception from the requirements of Section 4.2.1.2 (d) of the
Unified Development Code, Ordinance No. 2000-T, to allow shared off street
parking on an adjacent lot on the following described property:
Tract 123A4A, ACH&B, Brazoria County, Texas, according to the map or plat
thereof recorded in Volume 05 of the deed records of Brazoria County, Texas
(Located at 3221 South Main Street).
Planning Technician Ian Clowes read the staff report and stated there is a shared
parking agreement, and will be recorded.
Ms. Tasha Beale of 4910 Winden, Pearland, Texas spoke as the applicant
stating that the building previously was a gymnastic facility from 1989 until 2000.
Ms. Beale added that there is a parking agreement in place.
Mr. Nick Cedillo of 2303 Whispering Oaks Drive, Pearland, Texas stated the
normal business hours would be in the evening.
Board Member David Torok asked if the parking agreement had to be recorded.
Deputy City Attorney Nghiem Doan stated this should be added as a condition of
approval.
Ms. Haley Black, and Ms. Kelly Slator both students spoke in favor of the gym.
Acting Chairperson Don Glenn adjourned the public hearing for ZBA Application
No. 2009-12 at 6:39 p.m.
Acting Board Member David Torok made the motion to approve with the
condition of the parking agreement being recorded after execution and before
permits are issued, and Board Member David Smith seconded.
The vote was 5-0. ZBA Application No. 2009-12 was approved.
ADJOURNMENT OF REGULAR MEETING
Acting Board Member Don Glenn adjourned the meeting at 6:40 p.m.
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These minutes respectfully submitted by:
( a(. �4 z � I S Clk
Judy 4Wrajcaf Plannind Adhinistrative Secretary
Minutes approved as submitted and/or corrected on this 3rd day of September,
2009 A.D.
Dale Pillow, Chairperson
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