2010-05-20 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESZONING BOARD OF ADJUSTMENT
REGULAR MEETING
MINUTES
THURSDAY, MAY 20, 2010
6:00 P.M.
COUNCIL CHAMBERS, CITY HALL
3519 LIBERTY DRIVE
PEARLAND,TEXAS
CALL REGULAR MEETING TO ORDER
Chairperson Dale Pillow called the meeting to order at 6:03 p.m. with the following in
attendance:
Chairperson Dale Pillow
Board Member David Torok
Board Member David Smith
Board Member Don Glenn
Board Member Willard Briley
Alternate Board Member Jerry Acosta
Also in attendance were Planner I Ian Clowes, Deputy City Attorney Nghiem Doan, and
Planning Office Coordinator Judy Krajca.
APPROVAL OF MINUTES
Board Member David Smith made the motion to approve the November 5, 2009
minutes, and Board Member David Torok seconded.
The vote was 5-0. The minutes of November 5, 2009 were approved.
Alternate Board Member Jerry Acosta participated in the discussion, but not the vote.
NEW BUSINESS
Chairperson Dale Pillow opened a public hearing for ZBA Application No. 2010-01 at
6:05 p.m.
ZBA APPLICATION NO. 2010-01
Request of Michael Porterfield, applicant and Faith Community Church, owner, for a
special exception from the requirements of Section 2.4.5.1. (c) and (g) of the Unified
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Development Code, Ordinance No. 2000-T, to allow for the reduction of landscape
buffering within the Corridor Overlay District on the following described property:
Lot 1, Block 1, Being 10 acres in the W.D.C. Hall survey out of the A. Pasternak Tract,
abstract 70, Brazoria County, Texas, City of Pearland. (Located at 2402 E. Broadway
St.).
Planner I Ian Clowes explained the hearing process, and read the staff report. Mr.
Clowes explained the applicant is seeking a special exception to leave the parking and
buffer as is at a setback of 20 feet, instead of the required 30 feet.
On behalf of the applicant, Mr. Ken Doan of 2404 E Broadway, Pearland, Texas spoke
There was no one present to speak for or against the Special Exception.
Board Member Willard Briley inquired if they put up a masonry wall, would they be in
compliance. Planner Ian Clowes stated that with a masonry wall, a 25 foot buffer would
still be required.
Chairperson Dale Pillow inquired if staff received any public comment forms. Planner I
Ian Clowes stated he received one phone call in favor, and this individual was a resident
on W. Circle Drive.
Chairperson Dale Pillow adjourned the public hearing for ZBA Application No. 2010-01
at 6:12 p.m.
Board Member Don Glenn made the motion, and Board Member Willard Briley
seconded.
The vote was 5-0. ZBA Application No. 2010-01 was approved.
Chairperson Dale Pillow opened a public hearing for ZBA Application No. 2010-02 at
6:10 p.m.
ZBA APPLICATION NO. 2010-02
Request of Ronald E. Garner, applicant and Robert D. Garner, owner, for a special
exception from the requirements of Section 2.7.3.7. (b) (6) of the Unified Development
Code, Ordinance No. 2000-T, to allow for the expansion of a non -conforming use on the
following described property:
2.57202 acres of land out of and part of Lot 17 of the Allison -Richey Gulf Coast Home
Company Subdivision section 19, H.T.& B.R.R. Company survey, Abstract No. 243,
Brazoria County, Texas; according to the plat thereof recorded in Volume 2, Pages 23
and 24 of the Plat Records of Brazoria County, Texas and; 2.00 acres out of and part of
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Lot 1 and Lot 17 of the Allison -Richey Gulf Coast Home Company Subdivision, Section
19, H.T. & B.R.R. Co. Survey, Abstract No. 243, Brazoria County, Texas .(Located at
8302 Brookside)
Planner I Ian Clowes read the staff report stating the applicant is seeking a special
exception to expand his business to the west by building three additional building that
would be used primarily as indoor boat storage. The applicant has submitted 10
comment sheets from neighbors all in favor of the project.
The applicant, Mr. Robert Garner of 8302 Brookside Road, Pearland, Texas spoke and
stated he would like to expand his business by utilizing his property.
Ms. Beatrice Leisal of 8210 Brookside, Pearland, Texas spoke. Ms. Leisal lives next
door and has been there 51 years. She has seen Mr. Garner grow up and can speak
on his behalf that he keeps the place nice and clean, and is a good business man, and
does not have any opposition.
Board Member David Torok asked if any comment was received from the neighbor most
affected by this. Planner I Ian Clowes stated he had not received anything. Board
Member Torok also inquired about the buffer.
Chairperson Dale Pillow asked where McHard would cut through along Brookside Road,
and Planner I Clowes illustrated on the projected screen.
Board Member David Smith questioned whether the petition reflected if the neighbors
were in favor or against. Mr. Ronald Garner, brother to the owner spoke up and stated
when he approached the neighbors, he explained that it was to be in favor.
Ms. Leisal stated she also spoke with several of the neighbors and no one was
opposed.
Planner I Ian Clowes explained that by this being a Special Exception, if a new owner
were to come in, this could only be used for this specific use.
Chairperson Dale Pillow adjourned the public hearing for ZBA Application No. 2010-02
at 6:26 p.m.
Board Member David Torok made the motion to approve, and Board Member Don
Glenn seconded.
The vote was 4-1. Board Member David Smith voted in opposition. The special
exception for ZBA Application No. 2010-02 was approved.
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ADJOURNMENT
Board Member Dale Pillow adjourned the meeting at 6:27 p.m.
These minutes respectfully submitted by:
PW,, � wo..,W.0, MIA
MOM
• f '� • fllic§ Coordinator
Minutes approved as submitted and/or correcte on s 3rd y o J ne, 20 A.D.
-1Q 04 T po Acting Chairperson
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