2011-09-01 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF
ADJUSTMENT OF THE CITY OF PEARLAND, TEXAS, SEPTEMBER 1, 2011,
AT 6:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY
DRIVE, PEARLAND, TEXAS
CALL TO ORDER
Chairperson Dale Pillow called the meeting to order and opened a series of public hearings
at 6:02 p.m. with the following in attendance:
Chairperson Dale Pillow
Board Member David Torok
Board Member Don Glenn
Board Member David Smith
Alternate Board Member Jerry Acosta (arrived at 6:03 p.m.)
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 amended minutes of the
August 4, 2011 ZBA Regular Meeting, and Board Member David Torok seconded the
motion.
The vote was 4-0. The minutes of August 4, 2011 were approved.
Planner I Ian Clowes explained the hearing process for the attending public.
NEW BUSINESS
Chairperson Dale Pillow opened a public hearing for ZBA Application No. 2011-11 at 6:03
p.m.
ZBA APPLICATION NO. 2011-11
Request of Clarence Miller, applicant and April Harris, owner, for a Variance from Section
2.4.2.8 (c) (2), of the Unified Development Code, Ordinance No. 2000-T, to allow for a front
and rear yard encroachment into the required setbacks on the following described property:
Lot 8 Block 1 of the Amending Plat of Centennial Village, Section Two in the City of
Pearland , Brazoria County, Texas. (5505 Jefferson St., Pearland, TX 77584)
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Chairperson Dale Pillow read the purpose of the hearing.
Planner I Ian Clowes read the staff report stating the applicant was seeking a six (6') foot
reduction in the required front and an eight (8') foot reduction in the rear setback on their
property.
Clarence Miller of 5505 Jefferson Street, Pearland, Texas stated he received approval from
the Centennial Village HOA and obtained a contractor to construct both structures. It was
only after they were completed that he was cited for not obtaining a building permit. The
permit was applied for immediately but was denied as it did not meet the rear setback of at
least twenty feet and a front setback of twenty feet.
Mr. Robert Jamison of 3010 Centennial Village Drive, Pearland, Texas spoke on behalf of
the Centennial Village HOA stating he does appreciates homeowners working or improving
their homes, and ask that the Zoning Board of Adjustment show lenience in this case.
Board Member David Torok asked the applicant why he did not get a permit, and Mr.
Clarence Miller stated he thought the builder would get the permits.
Planner I Ian Clowes stated he received four public comment forms from the neighbors and
all were in favor.
Chairperson Dale Pillow adjourned the public hearing for ZBA Application No. 2011-11 at
6:11 p.m.
Board Member David Torok made the motion to approve the request of Clarence Miller,
applicant and April Harris, owner, for a Variance from Section 2.4.2.8 (c) (2), of the Unified
Development Code, Ordinance No. 2000-T, to allow for a six (6) foot encroachment into the
twenty (20) foot front yard setback and an eight (8) foot encroachment into the twenty (20)
foot rear yard setback of Lot 8 Block 1 of the Amending Plat of Centennial Village, Section
Two in the City of Pearland , Brazoria County, Texas. (5505 Jefferson St., Pearland, TX
77584). Board Member Don Glen seconded the motion.
The vote was 0-5. ZBA Application No. 2011-11 was denied.
Chairperson Dale Pillow opened a public hearing for ZBA Application No. 2011-12 at 6:12
p.m.
ZBA APPLICATION NO. 2011-12
Request of Forgotten Angels, applicant and owner, for a Special Exception allowed in
Section 2.7.3.7 (b) (6), of the Unified Development Code, Ordinance No. 2000-T, to allow
for the expansion of a nonconforming use on the following described property:
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2.71 Acres being part of Tract 164 of the subdivision of the H.T & B.R.R. Co. Survey No. 28,
Abstract 551, Brazoria County, Texas. (3309 Industrial Dr., Pearland, TX 77581)
Chairperson Dale Pillow read the purpose of the hearing.
Planner I Ian Clowes read the staff report stating the applicant has been operating an Adult
Daycare facility in an undersized building for a number of years and have created a phasing
plan which will allow them to expand this facility to meet ADA requirements and allow for
future growth. The use is located in the Light Industrial (M-1) zone and is a non -conforming
use. A special exception must be granted in order to expand.
Ms. Holly McDaniel of 2127 Brookside, Brookside Village, Texas spoke briefly on behalf of
the applicant stating their need to expand for future growth and meeting the ADA
requirements.
Mr. Jack McGuff, Sr., Architect for the project spoke in favor and stated some of the details
involved in the expansion.
Board Member David Smith asked if staff has determined that the special exception will not
adversely impact water, wastewater, drainage, and street transportation systems as per
Section 2.7.2.7 (6) of the Unified Development Code, in order for the Board to make a
decision. Planner I Ian Clowes and Deputy City Attorney Nghiem Doan addressed this
question stating that the impact on water and wastewater had not been measured, but
transportation and drainage should in fact improve with this project.
Chairperson Dale Pillow adjourned the public hearing for ZBA Application No. 2011-12 at
6:20 p.m.
Board Member Don Glenn made the motion to approve the Request of Forgotten Angels,
applicant and owner, for a Special Exception allowed in Section 2.7.3.7 (b) (6), of the Unified
Development Code, Ordinance No. 2000-T, to allow for the expansion of an adult daycare
facility, a nonconforming use, in the Light Industrial (M1) zone being 2.71 acres being part of
Tract 164 of the subdivision of the H.T & B.R.R. Co. Survey No. 28, Abstract 551, Brazoria
County, Texas. (3309 Industrial Dr., Pearland, TX 77581). Board member David Torok
seconded the motion.
The vote was 5-0. ZBA Application No. 2011-12 was approved.
Chairperson Dale Pillow opened a public hearing for ZBA Application No. 2011-13 at 6:20
p. M.
ZBA APPLICATION NO. 2011-13
Request of The Pinnell Group, applicant and HCA Health Services of Texas, owner, for a
Special Exception allowed in Section 4.2.1.2 (d), of the Unified Development Code,
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Ordinance No. 2000-T, to allow for a shared parking agreement on the following described
property:
Lot A, Block 1, Final Plat HCA Pearland Medical Campus Subdivision, According to the Plat
or Map Thereof as Recorded in Document No. 2005061477 Official Records of Brazoria
County, Texas. (10970 Shadow Creek Pkwy., Pearland, TX 77584)
Chairperson Dale Pillow read the purpose of the hearing.
Planner I Ian Clowes read the staff report stating the property has an existing medical facility
in place and are in the process of re -platting the property and splitting it into three lots. One
lot will contain the medical facility and the other two lots will contain the parking. Because
there are three separate owners, the applicant is requesting a special exception to allow
them to enter into a shared parking agreement for the three properties. Staff received one
public comment form in favor of the Special Exception.
The applicant was not present to speak.
There was no one present to speak for or against the Special Exception.
Deputy City Attorney Nghiem Doan stated he just received the Parking Agreement three
days prior and has not had an opportunity to review it in its entirety.
There was discussion among the Board of placing a condition on the approval that would
make the approval contingent upon the approval by the City Attorney. The Board also
requested the agreement be in perpetuity.
Chairperson Dale Pillow adjourned the public hearing for ZBA Application No. 2011-13 at
6:24 p.m.
Alternate Board Member Jerry Acosta made the motion to approve the request of The
Pinnell Group, applicant and HCA Health Services of Texas, owner, for a Special Exception
allowed in Section 4.2.1.2 (d), of the Unified Development Code, Ordinance No. 2000-T, to
approve a shared parking agreement, providing 550 parking spaces to be used by a medical
facility requiring 274 parking spaces contingent upon approval of the agreement by the City
Attorney and in perpetuity, for the property located at Lot A, Block 1, Final Plat HCA
Pearland Medical Campus Subdivision, According to the Plat or Map Thereof as Recorded
in Document No. 2005061477 Official Records of Brazoria County, Texas. (10970 Shadow
Creek Pkwy., Pearland, TX 77584). Board Member David Smith seconded the motion.
The vote was 5-0. ZBA Application No. 2011-13 was approved continegent upon the
approval by the City Attorney and be in perpetuity.
Chairperson Dale Pillow opened a public hearing for ZBA Application No. 2011-13 at 6:25
p.m.
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ZBA APPLICATION NO. 2011-14
Request of Gloria Johnston, applicant and owner, for a Special Exception allowed in Section
2.7.3.7 (b) (6), of the Unified Development Code, Ordinance No. 2000-T, to allow for the
expansion of a nonconforming use on the following described property:
Lot 113 of the Ruch Subdivision of Tract 11 out of the Johnston Subdivision, in the H.T.B. &
R.R. Co. Survey, Abstract 240, according to the Plat or Map Thereof recorded in Volume 13,
Page 66 of the Plat Records of Brazoria County, Texas. (6017 Josephine, Pearland, TX
77581)
Chairperson Dale Pillow read the purpose of the hearing.
Planner I Ian Clowes read the staff report stating the applicant would like to add a small 8' x
10' utility shed to the rear of her property but since the use of a single family residence is
considered non -conforming in the NS zone, a special exception is required to allow her to
expand her non -conforming use on site.
Ms. Gloria Johnston of 6017 Josephine, Pearland, Texas stated she does not have access
to a garage on her property and needs the storage space as she is currently housing items,
such as her lawn mower, at her neighbor's house.
There was no one present to speak for or against the special exception.
There was no discussion among the staff/board/applicant.
Chairperson Dale Pillow adjourned the public hearing for ZBA Application No. 2011-14 at
6:27 p.m.
Board Member David Torok made the motion to approve the request of Gloria Johnston,
applicant and owner, for a Special Exception allowed in Section 2.7.3.7 (b) (6), of the
Unified Development Code, Ordinance No. 2000-T, to allow for the expansion of a
nonconforming use by allowing for the construction of a residential utility shed on a lot zoned
Neighborhood Services (NS), at Lot 113 of the Ruch Subdivision of Tract 11 out of the
Johnston Subdivision, in the H.T.B. & R.R. Co. Survey, Abstract 240, according to the Plat
or Map Thereof recorded in Volume 13, Page 66 of the Plat Records of Brazoria County,
Texas. (6017 Josephine, Pearland, TX 77581)
The vote was 5-0. ZBA Application No. 2011-14 was approved.
ADJOURNMENT
Chairperson Dale Pillow adjourned the series of public hearings at 6:27 p.m.
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These minutes respectfully submitted by:
Judy K Hca, Pld4nihg PffiCoordinator
Minutes approved as submitted and/or corrected on this 1St day of September, 2011 A.D.
Dale Pillow, Chairperson
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