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2010-06-03 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTES THURSDAY, JUNE 3, 2010 6:00 P.M. COUNCIL CHAMBERS, CITY HALL 3519 LIBERTY DRIVE PEARLAND,TEXAS CALL REGULAR MEETING TO ORDER D�=(GLEuvrELo �1 AUG 2 4 2010 CITY OF PEARLAND CITY SECRETARY'S OFFICE Acting Chairperson David Torok called the meeting to order at 6:02 p.m. with the following in attendance: Board Member David Torok Board Member David Smith Board Member Willard Briley Alternate Board Member Shannon McAuliffe Alternate Board Member Jerry Acosta Also in attendance were Planner I Ian Clowes, Deputy City Attorney Nghiem Doan, Planning Director Lata Krishnarao, and Planning Office Coordinator Judy Krajca. APPROVAL OF MINUTES Board Member David Smith made the motion to approve the May 20, 2010 minutes, and Board Member Willard Briley seconded. The vote was 5-0. The minutes of May 20, 2010 were approved. NEW BUSINESS Acting Chairperson David Torok opened a public hearing for ZBA Application No. 2010- 03 at 6:05 p.m. ZBA APPLICATION NO. 2010-03 Request of Jose Valladares, applicant and Muhammad Hussain, owner, for a variance from the requirements of Section 2.4.2.5. (c) (2) of the Unified Development Code, Ordinance No. 2000-T, to allow for an encroachment into the required rear yard on the following described property: Page 1 of 8 ZBA Minutes 06/03/10 Lot 24, Block 1, Shadow Creek Ranch, SF -50, Plat No. 20050257, Plat Records, City of Pearland, Fort Bend County, Texas. (Located at 2421 Harbor Chase Dr.) Acting Chairperson David Torok read the purpose of the hearing. Planner I Ian Clowes explained the hearing process. Planner I Ian Clowes read the staff report explaining the applicant began construction of an addition to the rear porch and balcony without pulling a permit. Code enforcement intervened and asked the applicant to obtain appropriate permits. After review of the plans, it was noted that the structure does not meet the rear property setback. Staff received three objections to the structure. On behalf of the applicant, Mr. Kenneth R Phillips, Attorney, at 3222 E Walnut, Suite 11, Pearland, Texas spoke. Mr. Phillips stated the following: (1) HOA approved the construction, (2) the structure is not impeding the neighbors' privacy, (3) the 20 foot setback does not apply due to its setting on the lake. There was no one present to speak for or against the variance. Planner I stated the adjoining neighbors were opposed to the structure as it blocks the view of the lake, and expressed concern with drainage. Acting Chairperson David Torok asked what the owner, Mr. Valladares occupation was. Mr. Phillips stated he was a contractor. Mr. Torok stated the setback is 20 feet, regardless of what the property abuts — even if it is a lake. Acting Chairperson David Torok adjourned the public hearing for ZBA Application No. 2010-03 at 6:15 p.m. Board Member Willard Briley made the motion to approve, and Alternate Board Member Shannon McAuliffe seconded. The vote was 0-5. ZBA Application No. 2010-03 was denied. Acting Chairperson David Torok opened a public hearing for ZBA Application No. 2010- 04 at 6:16 p.m. ZBA APPLICATION NO. 2010-04 Request of Wayne P. Netherland, applicant and Shadycrest Baptist Church, owner, for a special exception from the requirements of Section 4.2.4.1. (2) (c) of the Unified Development Code, Ordinance No. 2000-T, to allow for the reduction of the required landscape buffer on the following described property: Page 2 of 8 ZBA Minutes 06/03/10 9.293 acre tract in the W.D.C. Hall Survey, Abstract No. 70 in the City of Pearland, Brazoria County, Texas (Located at 3214 Hamm Rd.) Acting Chairperson David Torok read the purpose of the hearing. Planner I Ian Clowes read the staff report stating the applicant is seeking a special exception to reduce its required landscape buffer from thirty (30) feet down to twelve (12) feet for the existing structure. The proposed expansion will meet all development requirements of the UDC, including the setback requirements. Mr. Clowes added that several of the neighbors had expressed concern with flooding issues Applicant, Mr. Wayne Netherland of 3703 Pine View Court, Pearland, Texas spoke briefly and stated that a letter from the City Engineer existed addressing the drainage. Mr. Paul Jamison of 2910 Hamm Road, Pearland, Texas spoke on behalf of his parents Quinton and Wanda Jamison of 3105 Yost Road, Pearland, Texas. Mr. Jamison stated he had emails back and forth to the City Engineer with regards to problems of flooding, compounded by construction at the church. His concern is that the church will need more parking and this will affect the runoff. Ms. Millie Toth, 3206 Hamm Road, Pearland, TX stated she lives next door to the church and spoke in favor. Ms. Toth stated she had not found the church to be uncooperative. Her biggest concern was when the Jehovah Witness church built their parking lot; it was higher than the property and caused flooding Mr. Paul Jamison stated that with past negotiations, the Toth's have refused to do any grading of their property. Ms. Toth replied to Mr. Jamison that she gave permission for the property to be graded. Deputy Attorney Nghiem Doan stepped in to halt further discussion back and forth between the two speakers. Planning Director Lata Krishnarao explained that regional detention with the new building will be required. Planner I Ian Clowes stated this will be required. Mr. Wayne Netherland stated new drawings do require the detention. Acting Chairperson David Torok adjourned the public hearing for ZBA Application No. 2010-04 at 6:37 p.m. Alternative Board Member Shannon McAuliffe made the motion to approve, and Alternative Board Member Jerry Acosta seconded. Page 3 of 8 ZBA Minutes 06/03/10 The vote was 4-0. Board Member Willard Briley abstained from the vote. The special exception for ZBA Application No. 2010-04 was approved. Acting Chairperson David Torok opened a public hearing for ZBA Application No. 2010- 05 at 6:38 p.m. ZBA APPLICATION NO. 2010-05 Request of Stephanie Tagtow, applicant and owner, for a special exception from the requirements of Section 2.7.3.7. (a) (5) of the Unified Development Code, Ordinance No. 2000-T, to allow for a change from one nonconforming use to another on the following described property: 16.305 acres in section 16 of the H.T. & B.R.R. Co. Survey, Abstract No. 546, City of Pearland, Brazoria county, Texas (Located at 3546 Harkey Rd). Acting Chairperson David Torok read the purpose of the hearing. Planner I Ian Clowes read the staff report stating the applicant is seeking a special exception to use the property as a dog training facility and is asking to change the use of the property from one non -conforming use to another non -conforming use. The property most recently housed a tree farm. Mr. Clowes stated that the Board would need to decide if outdoor boarding is allowed. Mr. Patrick Tagtow of 3921 Trail Run Drive, Pearland, Texas spoke on behalf of his wife, the owner and applicant, stating that his wife Stephanie trains people to train dogs and has small classes. She wants to maintain the back area as agricultural and maintain the front, with the building, for Stephanie Tagtow's Dog Agility Training Facility. Mr. Tagtow went on to say that he understands concerns have risen from the surrounding neighborhood. He feels their hardship is depriving them of the use of the building to do dog training, and that the building would remain empty and unused. Mr. Tagtow went on to say the benefits would be that the area in the rear portion of the property would remain as agricultural use and would be quiet; the warehouse and landscaping would be improved, it's a business of benefits, and that he has received lots of referrals from local veterinarians. Mr. Robert Nunez of 6201 Hubble Drive, Pearland, Texas spoke on behalf of the HOA for Cypress Village and stated they have gathered a list of 37 names in opposition with concerns ranging from the affects of the property values, fleas, ticks, rodents, and escaped dogs. A number of residents stood to show their support of opposition. Mr. Anthony Robinson of 3408 Tweed Way, Pearland, Texas spoke in opposition listing the following: don't want goats, feel Tagtow's are under the wrong impression, there is no dog kenneling in Pearland, would prefer additional homes on this site, want a nice quiet place to live, lot of time and money invested to train only 6 dogs and feels Page 4 of 8 ZBA Minutes 06/03/10 something is not being disclosed, dog noise, fleas and ticks, concern with kids. Mr. Robinson added that when the owner spoke of his hardship, he should have done due diligence and researched this further and ask the board to vote this down. (Majority of the audience applauded.) Mr. Jason Bull of 6112 Winter Oak., Pearland, Texas stated he had the same concerns as Mr. Robinson, as he lived on the property that back up to this site. Mr. Felipe Zepeda of 6208 Partridge, Pearland, Texas spoke in opposition stating he moved from Houston to Pearland for a quieter neighborhood. Mr. Michael Fielder of 3413 Cypress Village Drive, Pearland, Texas spoke in opposition to barking dogs, loose dogs, and would like to see residential — not a business. Ms. Ethel Blazek of Winter Oakes, Pearland, Texas spoke in opposition with concerns of home depreciation. Ms. Hope Smalley Jackson of 6106 Winter Oak, Pearland, Texas spoke in opposition stating that she lives directly behind this site. Mr. John Pitter of 6203 Hubbell Drive, Pearland, Texas spoke in opposition adding that he would like to see this site remain as residential. Mr. Nghiem Doan, Deputy City Attorney spoke that the UDC states (1) a property can have one non -conforming use, and therefore, cannot maintain both a tree farm and dog use. (2) proposed use cannot be more non -conforming use than the original use. The orchard is allowed in any zone, but a dog kennel/training is only allowed in General Business (GB) zone. Acting Chairperson David Torok adjourned the public hearing for ZBA Application No. 2010-05 at 7:10 p.m. Alternate Board Member Jerry Acosta made the motion to approve, and Alternate Board Member Shannon McAuliffe seconded. The vote was 0-5. ZBA Application No. 2010-05 was denied. Acting Chairperson David Torok opened a public hearing for ZBA Application No. 2010- 06 at 7:11 p.m. ZBA APPLICANTION NO. 2010-06 Request of Town and Country Surveyors, applicant and City of Pearland, owner, for a special exception from the requirements of Section 2.4.2.6. (c) (2) of the Unified Page 5 of 8 ZBA Minutes 06/03/10 Development Code, Ordinance No. 2000-T, to allow for an encroachment into the required rear yard on the following described property: 1 acre out of Tract 7 of the HT&B Company Survey, Abstract 13, city of Pearland, Brazoria County, Texas.(Located at 2838 Mclean). Acting Chairperson David Torok read the purpose of the hearing. Planner I Ian Clowes read the staff report stating the applicant is seeking to co -locate additional antennas on the existing water tower. The special exception would allow the applicant to move forward with the platting process and eventually obtain building permits in order to complete its co -location. The applicant was not present to speak. Mr. Roy Hamilton of 2720 Glendale, Pearland, Texas stated he found stakes around the back fence, and expressed concern with the platting for the property. Mr. Gerald Kamp of 5005 Carmona, Pearland, Texas wanted to know what will be built — with regards to the cell tower. Planner I Ian Clowes stated the plat is not necessary, so the property will not be platted. The tower is intended to add ground equipment only. The applicant has been asked to add a wall or thick vegetation. No new towers to be added, just antennae. Mr. Clowes added that the Board can request the antennae be painted to match the water tower. Mr. Clowes also stated that staff would like to see the antennae on the side, and not on the top of the tower, and the cable mounted on the back and painted. Acting Chairperson David Torok adjourned the public hearing for ZBA Application No. 2010-06 at 7:19 p.m. Board Member David Smith made the motion to approve with conditions, and Board Member Willard Briley seconded. Conditions to be approved are: 1) placement & color be in position and approved by the City of Pearland with a color approved by City of Pearland, to match the tower. The vote was 5-0. ZBA Application No. 2010-06 was approved with the following conditions: 1) Placement and color be in position, approved by the City of Pearland with an approved color by the City to match the tower. Acting Chairperson David Torok opened a public hearing for ZBA Appication No. 2010- 07 at 7:20 p.m. ZBA APPLICATION NO. 2010-07 Page 6 of 8 ZBA Minutes 06/03/10 Request of Town and Country Surveyors, applicant and City of Pearland, owner, for a special exception from the requirements of Section 2.4.4.5. (c) (2) of the Unified Development Code, Ordinance No. 2000-T, to allow for an encroachment into the required rear yard on the following described property: 0.499 acres out of lot 48 of the Zychlinski Subdivision, section 2, Recorded Under vol. 29, Pg. 43 DR BCT, City of Pearland, Brazoria County, Texas (Located at 3702 Alice St.). Acting Board Member David Torok read the purpose of the hearing. Planner I Ian Clowes read the staff report stating this special exception is similar to ZBA Application No. 2010-06. The special exception would allow the applicant to move forward with the platting process and eventually obtain building permits in order to complete its co -location. The applicant was not present to speak. There was no one present to speak for or against the special exception. Staff recommended that the same conditions of color and location be added as a condition of approval. Acting Chairperson David Torok adjourned the public hearing for ZBA Application No. 2010-07 at 7:24 p.m. Board Member Willard Briley made the motion to approve with conditions, and Board Member David Smith seconded. Conditions to be approved are 1) aesthetically camouflaged to match with the same requirements as ZBA Application No 2010-06. The vote was 5-0. ZBA Application No. 2010-07 was approved with the following condition: 1) The equipment be aesthetically camouflaged to match existing tower, with placement and color approved by the City of Pearland to match the tower. ADJOURNMENT Acting Chairperson David Torok adjourned the meeting at 7:25 p.m. Page 7 of 8 ZBA Minutes 06/03/10 These minutes respectfully submitted by: CYL-40-Y- -C-0- Judy Krajca,lPlanniOfficelco6rdinator Minutes approved as submitted and/or corrected on this 5th day of August, 2010 A.D. Dale Pillow, Chairperson Page 8 of 8 ZBA Minutes 06/03/10