2013-04-03 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF
ADJUSTMENT OF THE CITY OF PEARLAND, TEXAS, APRIL 4, 2013, 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 at 6:00 p.m. with the following in
attendance:
Chairperson Dale Pillow
Board Member Don Glenn
Board Member Jerry Acosta
Board Member Mark Lewis
Alternate Board Member Jessica Anderson
Also in attendance were: City Planner Harold Ellis, Planner I Lauren Stanley, Deputy City
Attorney Nghiem Doan, and Administrative Clerk Debbie Cody.
APPROVAL OF MINUTES
Alternate Board Member Jessica Anderson made the motion to approve the minutes of the
February 7, 2013 ZBA Regular Meeting, and Board Member Mark Lewis seconded the
motion.
The vote was 5-0 and the minutes of February 7, 2013 were approved.
NEW BUSINESS
Chairperson Dale Pillow opened a public hearing for ZBA Application No. 2013-03 at 6:01
p.m.
ZBA APPLICATION NO. 2013-03
John C. Cook, owner, for a Special Exception permitted in Section 2.7.3.7 (a) (3), of the
Unified Development Code, Ordinance No. 2000-T, to allow for the resumption of a
nonconforming use previously abandoned located on the following described property:
Lot 50, Allison Richey Gulf Coast Home Company Subdivision of Section 29, H.T. & B.R.R.
Co. Survey, Abstract 292, Brazoria County, Texas, according to the plat recorded in Volume
2, Page 101, Plat Records, Brazoria County, Texas. (5109 Main Street, Pearland, TX 77581)
Specific Location: 5109 S. Main Street
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ZBA MINUTES
4-04-13
explained that it would be necessary to have four affirmative votes to approve the Special
Exception. She reported that the building is currently vacant, but that it had previously been
used as a seafood restaurant in the past and it was the owner's intent to again use the
building as a small restaurant. Due to the fact that the location of the property is currently
zoned M-1 which is Light Industrial, a restaurant as classified by the Land Use Matrix would
be considered non -conforming and could only be permitted with approval of a Conditional
Use Permit. In order for the applicant to resume a use that was previously abandoned
(restaurant), the Zoning Board of Adjustment must approve a Special Exception. She stated
that it is staff's recommendation to approve the Special Exception with the condition that
since the property is located along Main Street, the applicant must meet the landscaping
requirements for the Corridor Overlay District with the exception of the 30 foot landscape
buffer.
The applicant did not wish to make any comments. Board Member Mark Lewis asked what
type of improvements the applicant planned to make and the applicant stated that there
would be front landscaping and repainting of the front of the building as well as added
parking. It was stated the property had been abandoned for approximately 20 to 30 years.
There were no further questions or discussion.
Chairperson Dale Pillow adjourned public hearing at 6:06 pm.
Motion was made by Board Member Jerry Acosta to approve the Special Exception as
permitted in Section 2.7.3.7 (a) (3), of the Unified Development Code, Ordinance No. 2000-T
to allow for a previously abandoned non -conforming use with the condition that the applicant
shall meet the landscape requirements for the Corridor Overlay District with the exception of
the thirty foot landscape buffer requirement and seconded by Board Member Donald Glenn.
The vote was 50 for approval.
ADJOURNMENT
Chairperson Dale Pillow adjourned the meeting at 6:09 p.m.
These minutes respectfully submitted by:
D461b`bie Cody, Adminifsb
lerk
Minutes approved as itted and/or corrected on this 6th day of June 2013 A.D.
David-A.K. Sm' , ice -Chairperson
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ZBA MINUTES
4-04-13