2013-11-07 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESMINUTES OF REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF
THE CITY OF PEARLAND, TEXAS, HELD NOVEMBER 7, 2013 AT 6:00 P.M., CITY
HALL COUNCIL CHAMBERS, 3519 LIBERTY DRIVE, PEARLAND, TEXAS
Chairperson Dale Pillow called the meeting to order at 6:14 PM with the following in
attendance:
Board Member Mark Lewis
Board Member Don Glenn
Board Member Jerry Acosta
Also in attendance were Deputy City Attorney Nghiem Doan, Planner Lauren Stanley,
City Planner Harold Ellis, Director of Community Development Lata Krishnarao,
Assistant City Manager Mike Hodge, and Office Assistant Debbie Cody.
APPROVAL OF MINUTES
A motion was made by Board Member Don Glenn and seconded by Board Member
Mark Lewis to approve the minutes of June 6, 2013. Chairperson Dale Pillow abstained
from the vote due to her absence from the meeting of June 6t". The motion was
approved 3 — 0.
ELECTION OF VICE -CHAIRPERSON
Board Member Don Glenn made motion to nominate Board Member Mark Lewis as
Vice -Chairperson and it was seconded by Board Member Jerry Acosta. The motion
was approved 4 — 0.
NEW BUSINESS
ZBA APPLICATION NO. 2013-06
Request of Richard Seume, owner, for a Special Exception permitted 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 located on the following described property:
Being a portion of Lot 24, Block 19, Allison Richey Gulf Coast Home Company
Subdivision recorded in Vol. 2, Pg. 24 of the Deed Records of Brazoria County, Texas.
(8229 Hughes Ranch Road, Pearland, TX 77581)
Specific Location: The subject property is located at 8229 Hughes Ranch Road
Planner Lauren Stanley explained that 4 affirmative votes would be required for
approval and presented the staff report. She indicated there was only one phone call
Page 1 of 7
ZBA 11-07-2013
received to inquire about the case. The staff recommended approval with the condition
that expansion be constructed as indicated on the site plan and that there be an
addition of landscaping in front of the fence on Hughes Ranch Road.
The applicant was given the opportunity to speak, but declined. There was no one
wishing to speak for or against the proposed request and there were no questions or
follow up comments from the staff.
The public hearing was adjourned and a motion was made by Board Member Jerry
Acosta to include the staff's conditions as follows: The expansion be constructed as
indicated on the attached site plan and the applicant will add landscaping in front of the
fence along Hughes Ranch Road in the form of a continuous hedge of shrubbery and
street trees to be planted at 1" caliper per 15' street frontage to comply with UDC
requirements. It was seconded by Board Member Mark Lewis. The motion was
approved unanimously by a vote of 4 — 0.
ZBA APPLICATION NO. 2013-07
Request of Brian Fahnestock, owner and Todd Whistler, agent, for a Variance from
Section 2.4.4.8 (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:
Tracts 3, 4, and 4A, Pearland South Industrial Park recorded under Vol. 16, Pg. 33-34
B.C.P.R. Out of the F.B. Drake Survey, Abstract No. 507 of Brazoria County, Texas.
(3732 Magnolia Road, Pearland, TX 77581)
Specific Location: The subject property is located at 3732 Magnolia Rd.
Planner Lauren Stanley presented the staff report explaining the requirements of a
notification sign to be posted on the subject property within 10 days prior to the meeting
date. She addressed a concern regarding the timeliness of the sign being posted on the
property. She stated that it was not posted by the required date which was Monday,
October 28th (10 days prior to the meeting). She further stated that she consulted with
the applicant and he stated there was some confusion as to who was supposed to post
the sign. He indicated that the sign would be up Tuesday morning. She stated that she
went back to confirm the sign was up on Thursday morning and the sign was not up and
applicant stated that it had probably blown down due to the inclement weather. She
further cited Section 1.2.2.4 of the Unified Development Code regarding sign posting,
highlighting the fact that the Zoning Board of Adjustment has the authority to decide
whether to hear the case or not. Deputy City Attorney Nghiem Doan stated that the
Board could hear from the applicant who could address the issue of when the sign was
posted. Todd Whistler with Architrave Construction and Design, Inc. at 11003 Resource
Parkway, Houston, Texas 77089 spoke representing the applicant, Aggreko. He stated
that he assumed that the city posted the sign and on Tuesday morning Planner Stanley
called and stated to the applicant that the sign was not up. Mr. Whistler stated that 24
Page 2 of 7
ZBA 11-07-2013
hours from when the sign was to be posted, the sign was up. He further stated that
Wednesday a cold front came through and must have blown the sign down as he
received a call on Wednesday from Planner Stanley telling him the sign was not up. He
went out in the rain and placed the sign back up. He stated that the sign had been up
since Tuesday at about 10:00 AM emphasizing that it had been up 9 days. Chairperson
Dale Pillow asked if this was the first time he had done business with the City of
Pearland and he stated no, but it was the first variance he had with the City. Deputy
City Attorney Nghiem Doan asked the applicant for clarification that he had posted the
sign on Tuesday morning and the applicant affirmed. Mr. Whistler stated that he had a
sign made on Tuesday, an hour after Planner Stanley called him. Mr. Doan further
clarified Mr. Whistler's statement that on Thursday the applicant had sent the staff an
email stating he had posted the sign yesterday at 10:00 AM which would have been
Wednesday and asked the applicant if he was mistaken in what he stated to staff about
what day the sign was posted. The applicant stated he was mistaken because he had
posted the sign Tuesday and had a receipt to validate when the sign was made.
Chairperson Dale Pillow stated that it was not the normal procedure to hear a case
when the proper procedure had not been followed and in the past the Board had denied
holding a hearing due to that fact. The applicant stated that as soon as he was notified
to put the sign up, it was up within an hour of notification. Board Member Jerry Acosta
asked the staff about the application for the variance and whether the sign requirement
is noted in the application itself. Planner Stanley stated it was part of the application
packet. Chairperson Pillow stated that according to the City Attorney, this could be
handled by consensus or it could be handled by making a motion and taking a vote. It
was determined to take a vote and she called for a motion. She further asked for
clarification on the motion that it would be to vote on whether the hearing would take
place or not and the Deputy City Attorney affirmed. Board Member Mark Lewis made a
motion that they move forward with the hearing in view of the fact that the sign was
posted within 9 days of the hearing. It was seconded by Board Member Don Glenn.
The motion failed by a vote of 2 — 2 with a dissenting vote by Chairperson Dale Pillow
and Board Member Jerry Acosta.
ZBA APPLICATION NO. 2013-08
Request of Brian Fahnestock, owner and Todd Whistler, agent, for a Special Exception
from Section 2.4.5.1 (c) (2), of the Unified Development Code, Ordinance No. 2000-T,
to allow for the reduction of the minimum thirty (30) foot landscaping setback
requirement of the zoning district located on the following described property:
Tracts 3, 4, and 4A, Pearland South Industrial Park recorded under Vol. 16, Pg. 33-34
B.C.P.R. Out of the F.B. Drake Survey, Abstract No. 507 of Brazoria County, Texas.
(3732 Magnolia Road, Pearland, TX 77581)
Specific Location: The subject property is located at 3732 Magnolia Road
Deputy City Attorney Nghiem Doan stated that the sign posting requirement did not
apply to the special exception and it could be heard.
Page 3 of 7
ZBA 11-07-2013
Planner Lauren Stanley gave staff report and stated only one person came in to the
office to ask about the property but did not express opposition or favor in the matter.
The applicant did not wish to speak and there was no one wishing to speak for or
against the proposed request.
Board Member Mark Lewis asked if the area floods at all and Assistant City Manager
Mike Hodge stated it did not. Chairperson Pillow asked if there was any reason why
they couldn't landscape the area to the left of the driveway facing Magnolia which would
screen the area to the back and Planner Stanley stated that it could be a condition for
approval. A motion was made by Board Member Mark Lewis to include the conditions
as follows: The expansion to the existing warehouse building be constructed as
indicated on the attached site plan. The landscaping to be installed as indicated on the
attached landscaping site plan with an additional row of shrubbery to screen the parking
areas along Magnolia. It was seconded by Board Member Jerry Acosta. The motion
was approved unanimously by a vote of 4 — 0.
ZBA APPLICATION NO. 2013-09
Request of Brian Fahnestock, owner and Todd Whistler, agent, for a Special Exception
from Section 2.4.5.1 (k) (5), of the Unified Development Code, Ordinance No. 2000-T,
to allow for the reduction of the screening requirement of the M-2 zoning district located
on the following described property:
Tracts 3, 4, and 4A, Pearland South Industrial Park recorded under Vol. 16, Pg. 33-34
B.C.P.R. Out of the F.B. Drake Survey, Abstract No. 507 of Brazoria County, Texas.
(3732 Magnolia Road, Pearland, TX 77581)
Specific Location: The subject property is located at 3732 Magnolia Road
Planner Lauren Stanley presented the staff report.
The applicant did not speak and there was no one wishing to speak out for or against
the proposed request.
Chairperson Dale Pillow asked what kind of fence was there and the applicant, Todd
Whistler responded that it was a six foot chain link fence. There was no further
discussion and a motion was made by Board Member Don Glenn to include the
conditions as follows: The expansion to the existing warehouse building be constructed
as indicated on the attached site plan. The landscaping to be installed as indicated on
the attached landscaping site plan. It was seconded by Board Member Mark Lewis.
The motion was approved unanimously by a vote of 4 — 0.
ZBA APPLICATION NO. 2013-10
Page 4 of 7
ZBA 11-07-2013
Request of Forum US, Inc., owner and Dan Scott, agent, for a Special Exception from
Section 4.2.2.4 (b), of the Unified Development Code, Ordinance No. 2000-T, to allow
for the reduction of the minimum landscaping requirements of the zoning district located
on the following described property:
Being a 9.451 Acre Tract Located in the H.T. & B. R. R. Company Survey, Section 7, A-
219 of Brazoria County, Texas. (2005 Garden Road, Pearland, TX 77581)
Specific Location: The subject property is located at 2005 Garden Road
Planner Lauren Stanley presented the staff report and indicated there was one person
in opposition as indicated on the comment form submitted and two phone calls from
people who were simply inquiring. She further stated that staff was recommending
approval of the proposed request.
Applicant Charles Eastland with Cobb Fendley and Associates, residing at 1630 Kelly
Wood Oaks Dr in Katy, TX stated that the desire of the applicant was to make the
property look better and update the appearance of the property.
There was no one wishing to speak for or against the proposed request.
Board Member Mark Lewis asked about the opposition submitted and Planner Stanley
stated that there was no detail given. Board Member Acosta asked if there was parking
available behind the building. Mr. Eastland stated that there is parking in the back that
is fully utilized by the manufacturing employees and explained that their objective was to
make access to the front office more accessible. Board Member Lewis asked if they
were planning to reduce the parking by more than 14.8%. City Planner Harold Ellis
stated that they currently meet the 14.8% and that the special exception would be for a
.2% reduction and that should be included in the motion. Chairperson Dale Pillow asked
about the fencing but Mr. Eastland didn't know the material they are using for the
fencing because he was not involved in that aspect. Chairperson Pillow asked if the
vegetative screening would meet the requirements and Planner Stanley stated that it
would if the vegetation covered the entire fence. There were no other questions.
A motion was made by Board Member Lewis with the conditions as stated in the staff
report including that the parking lot expansion be constructed as indicated on the
attached site plan to meet the 14.8% overall landscaped site area and the applicant will
add landscaping in the form of shrubbery to screen the parking areas and street trees to
be planted at 1" caliper per 15' street frontage. It was seconded by Board Member Don
Glenn and the motion was approved unanimously by a vote of 4-0.
ZBA APPLICATION NO. 2013-11
Request of Brian Williams, owner and applicant, for a Special Exception from Section
2.4.4.5 (c) (2), of the Unified Development Code, Ordinance No. 2000-T, to allow for the
reduction of the rear yard setback located on the following described property:
Page 5 of 7
ZBA 11-07-2013
Being a 0.699 Acres out of Tract 33 of Figland Orchard Subdivision No. 1, Located in
the H.T. & B. R. R. Company Survey, Section 13, Abstract 240 of Brazoria County,
Texas. (3029 Wagon Trail Road, Pearland, TX 77584)
Specific Location: The subject property is located at 3029 Wagon Trail Road.
Planner Lauren Stanley presented the staff report for both ZBA Application 2013-11 and
2013-12 indicating that one comment form had been received in favor of the proposed
request. She also stated staff was recommending approval with the condition as stated
in the staff report.
The applicant did not speak on the matter and there were no persons wishing to speak
for or against the proposed request.
Board Member Jerry Acosta made a motion for both ZBA Application 2013-11 and
2013-12 to include conditions as follows: The building addition be constructed as
indicated on the attached site plan. It was seconded by Board Member Mark Lewis.
The motion approved unanimously by a vote of 4 — 0.
ZBA APPLICATION NO. 2013-12
Request of Brian Williams, owner and applicant, for a Special Exception from Section
2.4.4.5 (c) (2), of the Unified Development Code, Ordinance No. 2000- T, to allow for
the reduction of the rear yard setback located on the following described property:
Being a 0.699 Acres out of Tract 33 of Figland Orchard Subdivision No. 1, Located in
the H.T. & B. R. R. Company Survey, Section 13, Abstract 240 of Brazoria County,
Texas. (3029 Wagon Trail Road, Pearland, TX 77584)
Specific Location: The subject property is located at 3029 Wagon Trail Road
The motion as indicated in ZBA Application No. 2013-11 was made for both 2013-11
and 2013-12 by Board Member Jerry Acosta and seconded by Board Member Mark
Lewis. The motion approved unanimously by a vote of 4 — 0.
Page 6 of 7
ZBA 11-07-2013
IV. ADJOURNMENT
Adjournment was at 7:02 PM.
These minutes respectfully submitted by:
Ddbbie Cody, Office
Minutes approved as subr-ditted and/or corrected on this 7th day of November 2013 A.D.
ktu�'
Dale Pillow, Chairperson
Page 7 of 7
ZBA 11-07-2013