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2012-11-01 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF PEARLAND, TEXAS, NOVEMBER 11 20129 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 6:06 p.m. with the following in attendance: Chairperson Dale Pillow Vice Chairperson David Smith Board Member Don Glenn Board Member Mark Lewis Board Member Jerry Acosta Also in attendance were: Planner II Ian Clowes, Planner I Lauren Stanley, City Planner Harold Ellis and Deputy City Attorney Nghiem Doan. APPROVAL OF MINUTES Board Member Mark Lewis made the motion to approve the minutes of the October 4, 2012 ZBA Regular Meeting, and Vice Chairperson David Smith seconded the motion. The vote was 5-0. The minutes of October 4, 2012 were approved. Planner II Ian Clowes explained the hearing process for the attending public. NEW BUSINESS Chairperson Dale Pillow opened a public hearing for ZBA Application No. 2012-05 at 6:08 p.m. ZBA APPLICATION NO. 2012-04 Request of Kevin Cole, applicant and Wagon Trail Enterprise, owner, for a Special Exception from Section 2.4.4.6 (c) (2), of the Unified Development Code, Ordinance No. 2000-T, to allow for the reduction of a side yard setback located on the following described property: Lots 7a, 8, 9, 10, Abstract 240 of the H.T. & B.R.R. Co. Survey of Brazoria County, Texas of the Figland Orchard Subdivision, Brazoria County, Texas (5730/5740 Broadway St., Pearland, TX 77581) Planner II Ian Clowes read the staff report stating the applicant was seeking a reduction in the side yard setback. Page 1 of 3 ZBA MINUTES 11-01-12 Mr. Kevin Cole, applicant, spoke. Chairperson Dale Pillow adjourned the public hearing for ZBA Application No. 2012-05 at 6:25 p.m. Board Member Don Glenn made the motion to approve, and Board Member Mark Lewis seconded. The vote was 5-0. ZBA Application No. 2012-05 was approved. Chairperson Dale Pillow opened a public hearing for ZBA Application No. 2012-06 at 6:26 p.m. ZBA APPLICATION NO. 2012-06 Request of Kevin Cole, applicant and Wagon Trail Enterprise, owner, for a Special Exception from Section 2.4.4.6 (c) (2), of the Unified Development Code, Ordinance No. 2000-T, to allow for the reduction of a side yard setback located on the following described property: Lots 7a, 8, 9, 10, Abstract 240 of the H.T. & B.R.R. Co. Survey of Brazoria County, Texas of the Figland Orchard Subdivision, Brazoria County, Texas (5730/5740 Broadway St., Pearland, TX 77581) Planner II Ian Clowes read the staff report stating the applicant was requesting a reduction of side yard setback. Mr. Kevin Cole, applicant, spoke. ZBA Chairperson Dale Pillow adjourned the public hearing for ZBA Application No. 2012-06 at 6:30 p.m. ZBA Vice Chairperson David Smith made the motion to approve, and Board Member Don Glenn seconded. The vote was 5-0. ZBA Application No. 2012-06 was approved. ZBA Chairperson Dale Pillow opened a public hearing for ZBA Application No. 2012-07 at 6:31 p.m. ZBA APPLICATION NO. 2012-07 Request of Kevin Cole, applicant and Wagon Trail Enterprise, owner, for a Variance from Section 2.4.4.6 (c) (2), of the Unified Development Code, Ordinance No. 2000-T, to allow for the reduction of a rear yard setback located on the following described property: Page 2 of 3 ZBA MINUTES 11-01-12 Lots 7a, 8, 9, 10, Abstract 240 of the H.T. & B.R.R. Co. Survey of Brazoria County, Texas of the Figland Orchard Subdivision, Brazoria County, Texas (5730/5740 Broadway St., Pearland, TX 77581) Planner II Ian Clowes read the staff report stating the applicant was seeking a reduction of a rear yard setback. Mr. Kevin Cole, applicant, spoke. ZBA Chairperson Dale Pillow adjourned the public hearing for ZBA Application No. 2012-07 at 6:34 p.m. ZBA Board Member Jerry Acosta made the motion to approve, and ZBA Vice Chairperson David Smith seconded. The vote was 5-0. ZBA Application No. 2012-07 was approved. ZBA APPLICATION NO. 2012-08 Request of Wilson, Cribbs & Goren, P -C, and TitleMax of Texas, applicants, for an appeal of staff interpretation of Section 2.5.2.1 of the Unified Development Code, Ordinance No. 2000- T, definition of a Financial Institution and Pawn Shop, Payday Loan, and Gold Exchange. Planner II Ian Clowes stated the applicant withdrew their application. No action was necessary. ADJOURNMENT Chairperson Dale Pillow adjourned the series of public hearings at 6:35 p.m. These minutes respectfully submitted by: /4 r-a—v- J Minutes approved as submitted and/or corrected on this 7th day of February 2013 A.D. Dale Pillow, Chairperson Page 3 of 3 ZBA MINUTES 11-01-12