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2010-11-04 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTES THURSDAY, NOVEMBER 4, 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 6:02 p.m. with the following in attendance: Chairperson Dale Pillow Board Member David Torok Board Member Don Glenn Alternate Board Member Shannon McAuliffe Alternate Board Member Mary Elam Alternate Board Member Jerry Acosta Also in attendance were Planner I Ian Clowes, Planning Director Lata Krishnarao, Deputy City Attorney Nghiem Doan, and Office Coordinator Judy Krajca. Alternate Board Member Jerry Acosta arrived at 6:10 p.m. and was a non-voting member. APPROVAL OF MINUTES Alternate Board Member Shannon McAuliffe made the motion to approve the September 2, 2010 minutes, and Board Member David Torok seconded. The vote was 5-0. The minutes of September 2, 2010 were approved. NEW BUSINESS Chairperson Dale Pillow opened a public hearing for ZBA Application No. 2010-14 at 6:04 p.m. Planner I Ian Clowes read the Public Hearing process. Page 1 of 4 ZBA Minutes 11/04/10 ZBA APPLICATION NO. 2010-14 Request of Clark Haptonstall, applicant and owner, for a special exception from the requirements of Section 2.4.2.7. (c) (2) (b) of the Unified Development Code, Ordinance No. 2000-T, to allow for a reduction of the required side yard setback on the following described property: Lot 8, Block 1, of Southwyck, Section 8, Phase 1, a subdivision of the City of Pearland Brazoria County, Texas According to Map or Plat Thereof Recorded in Volume 19, Page 341 of the Plat Records of Brazoria County, Texas. (3234 Bodine St. Pearland, TX) Chairperson Dale Pillow read the purpose of the hearing. Planner I Ian Clowes read the staff report, and added he received three (3) public comment forms, and one (1) phone call, all in favor of the Special Exception. Mr. Clowes added that the HOA has approved this request. The owner/applicant Mrs. Shannon Haptonstall of 3234 Bodine Drive, Pearland, Texas spoke briefly. There was no one present to speak for or against the proposed special exception. There was no discussion among the board/staff/applicant. Chairperson Dale Pillow adjourned the public hearing for ZBA Application No. 2010-14 at 6:10 p.m. Board Member Don Glenn made the motion to approve, and Alternate Board Member Shannon McAuliffe seconded. The vote was 5-0. ZBA Application No. 2010-14 was approved. Chairperson Dale Pillow opened a public hearing for ZBA Application No. 2010-15 at 6:10 P.M. ZBA APPLICATION NO. 2010-15 Request of HD Development Properties, L.P., applicant and owner, for a Variance from the requirements of Section 4.2.1.2. (a), and of the Unified Development Code, Ordinance No. 2000-T, to allow for a reduction in the required parking on the following described property: Subdivision of 14.654 Acres of Land out of the W.D.C. Hall Survey Abstract Number 70, City of Pearland, Brazoria County, Texas. (1514 Broadway St. Pearland, TX) Page 2of4 ZBA Minutes 11/04/10 Chairperson Dale Pillow read the purpose of the hearing. Planner I Ian Clowes read the staff report. Mr. Clay Trozzo of 11000 Brittmoore Park Drive, Houston, Texas spoke briefly. There was no one present to speak for or against the special exception request. Board Member David Torok inquired if the reduction was re -writing the ordinance. Planning Director Lata Krishnarao stated that in the UDC, parking is going to be re- evaluated. Typically as the building square footage increases, parking space decreases. The1:200 ratios is excessive, so less parking could be allowed. Chairperson Dale Pillow adjourned the public hearing for ZBA Application No. 2010-15 at 6:17 p.m. Board Member David Torok made the motion to approve, and Alternate Board Member Mary Elam seconded. The vote was 5-0. ZBA Application No. 2010-15 was approved. Chairperson Dale Pillow opened a public hearing for ZBA Application No. 2010-16 at 6:17 p.m. ZBA APPLICATION NO. 2010-16 Request of HD Development Properties, L.P., applicant and owner, for a Special Exception from the requirements of Section 2.4.5.1. (c) (2) of the Unified Development Code, Ordinance No. 2000-T, to allow for a reduction in the thirty foot (30') front landscape buffer on the following described property: Subdivision of 14.654 Acres of Land out of the W.D.C. Hall Survey Abstract Number 70, City of Pearland, Brazoria County, Texas. (1514 Broadway St. Pearland, TX) Chairperson Dale Pillow read the purpose of the hearing. Planner I Ian Clowes read the staff report. Clay Trozzo of 11000 Brittmore Park Drive, Houston, Texas spoke, and passed out an engineering drawing with the green area shown. There was no one present to speak for or against the proposed request. Page 3 of 4 ZBA Minutes 11/04/10 Chairperson Dale Pillow asked for clarification of the applicants' presentation. Chairperson Pillow asked that by reducing the landscaping buffer from 30 ft. to 15 ft., is this not more than 50%? Deputy City Attorney Nghiem Doan, stated yes, this is more than 50%; however, they are seeking a special exception, and not a variance. Chairperson Dale Pillow adjourned the public hearing for ZBA Application No. 2010-16 at 6:24 p.m. Alternate Board Member Mary Elam made the motion, and Board Member David Torok seconded. The vote was 2-3. ZBA Application No. 2010-16 failed. Board Members Shannon McAuliffe, Don Glenn, and Chairperson Dale Pillow voted in opposition. ADJOURNMENT Chairperson Dale Pillow adjourned the meeting at 6:25 p.m. These minutes respectfully submitted by: C— it " � -, �/ Gq Judy Krajc , Plan ng (5ffic4 Co rdinator Minutes approved as submitted and/or corrected on this 2nd day of December, 2010 A. D. Dale Pillow, Chairperson Page 4 of 4 ZBA Minutes 11/04/10