2011-01-06 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF
ADJUSTMENT OF THE CITY OF PEARLAND, TEXAS, HELD JANUARY 6,
2011, AT 6:00 P.M., CITY HALL COUNCIL CHAMBERS, 3519 LIBERTY
DRIVE, PEARLAND, TEXAS
CALL TO ORDER
Chairperson Dale Pillow called the meeting to order at 6:01 p.m. with the following in
attendance:
Chairperson Dale Pillow
Board Member David Torok
Board Member Willard Briley
Board Member Don Glenn
Board Member David Smith (arrived at 6:11 p.m.)
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.
APPROVAL OF MINUTES
Alternate Board Member Jerry Acosta made the motion to approve the December 2,
2010 minutes with corrections, and Board Member Willard Briley seconded.
The vote was 5-0. The minutes of December 2, 2010 were approved.
NEW BUSINESS
Chairperson Dale Pillow opened a public hearing for ZBA Application No. 2011-01 at
6:03 p.m.
Planner I Ian Clowes read the Public Hearing process.
ZBA APPLICATION NO. 2011-01
Request of James E. Davis, applicant and owner, for a special exception permitted in
Section 2.7.3.4 (b) (2) of the Unified Development Code, Ordinance No. 2000-T, a
request for the reconstruction of a non -conforming structure on the following described
property:
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CITY OF PEARLAND
CITY SECRETARY'S OFFICE
0.550 acre tract of land out of the A.C.H. & B.R.R. Company Survey, Being all of Lot
23A1, Block 147 Pearland, Brazoria County, Texas. (3220 Old Alvin Rd. Pearland, TX)
Chairperson Dale Pillow read the purpose of the hearing.
Planner I Ian Clowes read the staff report, and stated the property is zoned General
Commercial (GC) and is currently occupied by a single family home. The old carport
sustained damage in September 2008 from Hurricane Ike, and remained in place until
October 2010, at which time it was removed and a new carport was constructed. The
applicant did not pull permits for this construction. The applicant is now seeking a
special exception to continue to rebuild a previously non -conforming structure.
The applicant, Jim Davis of 12320 Lack Lane, Pearland Texas spoke.
Larry Howard of 2244 N Austin, Pearland Texas spoke in favor, as he personally knows
Mr. Davis and has been a witness to his work.
Board Member David Torok asked Deputy City Attorney Nghiem Doan if staff/board
was unaware of the percent of damage done, could the ZBA make a decision. Attorney
Doan explained that with the concrete slab in place, the Board could consider it less
than 100% damaged. Mr. Doan also explained that the one-year time frame had
already passed that would allow this Special Exception to be granted.
Alternate Board Member Jerry Acosta asked about the new construction being different
from the old structure. Discussion ensued as the pictures presented were examined.
Board Member David Smith arrived at 6:11 p.m.
Chairperson Dale Pillow adjourned the public hearing for ZBA Application No. 2011-01
at 6:15 p.m.
Board Member Don Glenn made the motion to approve, and Board Member David
Torok seconded.
The vote was 0-5. ZBA Application No. 2011-01 was denied. (Board Member David
Smith abstained from voting.)
Chairperson Dale Pillow opened a public hearing for ZBA Application No. 2011-02 at
6:16 p.m.
ZBA APPLICATION NO. 2011-02
Request of Glenn F. Guda, applicant and owner, for a Special Exception and Variance
under Section 2.4.2.8 (c) (2), of the Unified Development Code, Ordinance No. 2000-T,
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to allow for a side yard encroachment and a reduction to the rear yard setback on the
following described property:
0.130 acres of land, Lot 20, Block 2, Southdown Section Twelve, Volume 22 Pages
253-254 of the Deed Records of Brazoria County, Texas (3310 Southmere Ln.
Pearland, TX)
Chairperson Dale Pillow read the purpose of the hearing.
Planner I Ian Clowes read the staff report stating the applicant was seeking a special
exception for an existing encroachment, and a variance to allow a new structure to
extend into the required rear setback. The applicant would like to build a patio cover off
the rear portion of his home, over an existing slab.
The applicant, Glenn Guda of 3310 Southmere Lane, Pearland Texas spoke.
There was no one present to speak for or against the special exception or variance
request.
Board Member Willard Briley inquired where the roof line would be, and much
discussion ensued with regards to the roofline, patio, current UDC and a possible
change with the update of UDC T-13.
Chairperson Dale Pillow adjourned the public hearing for ZBA Application No. 2011-02
at 6:23 p.m.
Board Member David Torok made the motion to approve the Special Exception for the
side encroachment, and Board Member Willard Briley seconded.
The vote was 4-1. The Special Exception for ZBA Application No. 2011-02 was
approved.
Board Member David Torok made the motion to approve the Variance for the rear
setback, and Board Member Don Glenn seconded.
The vote was 0-5. The Variance for ZBA Application No. 2011-02 was denied.
Chairperson Dale Pillow opened a public hearing for ZBA Application No. 2011-03 at
6:30 p.m.
ZBA APPLICATION NO. 2011-03
Request of Weatherford US, LP, applicant and owner, for a Special Exception from
Section 2.4.5.1 (c), of the Unified Development Code, Ordinance No. 2000-T, to allow
for a reduction of the required 30' landscape buffer on the following described property:
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44.018 acre tract in the A.C.H. & B.R.R. Company Survey, Section 2, abstract 507 & the
H.T & B.R.R. Company Survey, Section 12, Abstract 508. Brazoria County, Texas.
Being a portion of Lots 2, 8, 9, 10 and 11 of the L.W. Murdock Subdivision recorded in
Volume 29, page 174 of the Deed Records of Brazoria County, Texas, and 1.465 acre
tract in the A.C.H. & B.R.R. Company Survey, Section 2, abstract 507 being a portion of
Lots 9 and 10 of the L.W. Murdock Subdivision recorded in Volume 29, page 174 of the
Deeds Records of Brazoria County, Texas. (3632 S. Main St. Pearland, TX)
Chairperson Dale Pillow read the purpose of the hearing.
Planner I Ian Clowes read the staff report stating the applicant is seeking a special
exception to allow for a reduction in the required thirty foot (30') landscape buffer
required within our Corridor Overlay District (COD).
The Project Manager for Weatherford, John Matranga 3413 Clearview Circle Houston
Texas spoke.
There was no one present to speak for or against the special exception or variance
request.
Planning Director Lata Krishnarao spoke of the Special Exception being approved and
maintaining the existing landscaped area.
Chairperson Dale Pillow adjourned the public hearing for ZBA Application No. 2011-03
at 6:38 p.m.
Board Member Willard Briley made the motion to approve the Special Exception with
existing landscape area to be maintained as shown on the site plan, and Board Member
David Smith seconded.
The vote was 5-0. The Special Exception for ZBA Application No. 2011-03 was
approved with the existing landscape area to be maintained as shown on the site plan.
ADJOURNMENT
Chairperson Dale Pillow adjourned the meeting at 6:39 p.m.
These minutes respectfully submitted by:
Judy Kr Hca, Pla ning Offi e C ordinator
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Minutes approved as submitted and/or corrected on this 9th day of February, 2011
A.D.
Dale Pillow, Chairperson
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