2013-12-05 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESMINUTES OF REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF
THE CITY OF PEARLAND, TEXAS, HELD DECEMBER 5, 2013 AT 6:00 P.M., CITY
HALL COUNCIL CHAMBERS, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Chairperson Dale Pillow called the meeting to order at 6:06 PM with the following in
attendance:
Board Member Derrell Isenberg
Board Member John Gehring
Board Member Jerry Acosta
Board Member Nita Griffin
Also in attendance were Deputy City Attorney Nghiem Doan, Planner Lauren Stanley,
City Planner Harold Ellis, and Office Assistant Debbie Cody.
APPROVAL OF MINUTES
A motion was made by Board Member Derrell Isenberg and seconded by Board
Member Nita Griffin to approve the minutes of November 7, 2013 ZBA Meeting as
amended by the staff. The motion was approved unanimously with a vote of 5 — 0.
NEW BUSINESS
ZBA APPLICATION NO. 2013-13
Request of Saleh Hossain, owner, and William Haberman, agent, for a Special
Exception permitted in Section 2.7.3.7 (b) (4), of the Unified Development Code,
Ordinance No. 2000-T, to allow for reconstruction of a nonconforming building which
has been damaged to the extent of more than fifty percent (50%) of its replacement cost
located on the following described property:
Lots 25, 26, 27 of Block 30, Pearland Townsite Subdivision recorded in Vol. 29, Pg. 41
of the B.C.M.R. of Brazoria County, Texas. (2546 S. Sacramento Street, Pearland, TX
77581)
Specific Location: The subject property is located at 2546 S. Sacramento Street
Planner Lauren Stanley explained the process of the public hearing and further stated
that four affirmative votes would be required for approval.
Planner Stanley presented the staff report explaining that the applicant was seeking a
special exception to allow for reconstruction of a nonconforming building which had
been damaged by fire by over 50% but less than 100% of its replacement cost. She
explained there was one public comment form in favor of the special exception.
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Chairperson Dale Pillow asked if the applicant wished to make a presentation. Mr.
Saleh Hossain of 407 N. Elder Grove Dr. Pearland, Texas 77584 responded. He
stated that he had purchased the property in September and his intent was to rebuild it.
Chairperson Pillow asked if there was anyone wishing to speak for or against the
request and there was no response.
Chairperson Pillow then asked if the staff or Board had any questions or discussion for
the applicant and there was none.
Staff recommended approval with the condition that the one story frame on blocks
house be constructed on the existing building footprint as shown in the attached
Exhibit #1.
The public hearing was adjourned. A motion was made by Board Member John
Gehring and seconded by Board Member Jerry Acosta to approve ZBA Application
2013-13 with the condition:
The one story frame house be constructed as indicated on the site plan and on existing
building footprint as shown in Exhibit 1.
The motion carried with a unanimous vote of 5 — 0.
ZBA APPLICATION NO. 2013-14
Request of Pearland RJR, LLC, owner and Sign City, agent, for a Variance from Section
4.2.5.4 (b) (5) (c), of the Unified Development Code, Ordinance No. 2000-T, to allow for
the reduction of the location requirements for multi -tenant signs located on the following
described property:
A subdivision of 6.276 Acres in the John W. Maxey Survey, Abstract No. 721 in the City
of Pearland, Brazoria County, Texas. (9517 Broadway Street, Pearland, TX 77584)
Specific Location: The subject property is located at 9517 Broadway Street.
Chairperson Dale Pillow called the public hearing to order.
Planner Lauren Stanley presented the staff report. She stated that the applicant was
seeking a variance to allow for the reduction of the location requirements for multi -
tenant signs as set forth in the sign regulations for all nonresidential zoning districts.
The sign regulations indicate there must be at least 600 feet between two multi -tenant
signs located on the same site. The applicant is requesting to decrease the separation
distance from 600 feet to 548 feet. She stated the applicant had applied for and
received two multi -tenant signs which complied with the distance requirements. She
further stated that since that time, the electrical power lines were run through the
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property and therefore the multi -tenant sign located at Broadway and Silverlake
Parkway was not going to meet the required clearance according to the National
Electrical Code. Additionally, there was a problem with the proximity of the sign to a
water line which could cause future issues.
Planner Stanley indicated there was one public comment received in favor of the
proposed variance.
Planner Stanley stated that should the Board approve the application, that it be done
with the condition that the sign be located 548 feet from the second multi -tenant sign as
indicated on the site plan.
Chairperson Dale Pillow asked if the applicant wished to make a presentation. Mike
Perez with Sign City located at 251 FM 528 in Webster, Texas stated he was the
applicant and stated he was available if there were any questions. Chairperson Pillow
asked if there was anyone wishing to speak for or against the proposed request and
there was no response.
Chairperson Pillow then asked if the Board had any questions for the applicant or the
staff. Board Member Nita Griffin asked Planner Stanley if changing the location of the
sign would place it any closer to the street and the answer was no.
Chairperson Pillow proceeded to consideration and possible action of the application
and Board Member Jerry Acosta made a motion for approval of ZBA Application #2013-
14 with the condition that the sign be located 548 feet from the second multi -tenant sign
as indicated on the attached site plan labeled as Attachment D and dated 5/8/2013.
Board Member Derrell Isenberg seconded the motion. The vote of 5 — 0 for approval
was unanimous.
ZBA APPLICATION NO. 2013-15
Request of Rebound Properties Limited, owner, and Greg McGahey, UCR Development
Svcs, agent, for a Special Exception permitted in Section 2.7.3.7 (b) (7) (c), of the
Unified Development Code, Ordinance No. 2000-T, to allow for the reduction of the
facade requirements of the General Business zoning district located on the following
described property:
A subdivision of 8.42 Acres in the John W. Maxey Survey, Abstract No. 721 in the City
of Pearland, Brazoria County, Texas. (2752 Sunrise Blvd, Pearland, TX 77584)
Specific Location: The subject property is located at 2752 Sunrise Blvd.
Planner Lauren Stanley presented the staff report explaining the reason behind the
applicant's request for a special exception. The building is currently vacant and the
applicant is intending to use it as an emergency room which would not be permitted in a
General Business (GB) zone, thus requiring a Conditional Use Permit (CUP). As of
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November 25, 2013, the applicant had received a CUP. Due to the change in use, the
building must now comply with the current development standards as outlined within the
Unified Development Code (UDC). Planner Stanley further stated that staff was
recommending approval the special exception with the condition that the renovation to
the existing exterior building fagade materials be constructed as shown on the attached
Exhibit #1 and #2 to allow 41% of the existing EIFS to remain. There were no public
comment forms received in regards to this case.
The applicant, Greg McGahey of UCR Development Services at 8080 Park Lane, Suite
800 Dallas, TX 75231 did not wish to add anything further than what was presented in
the staff report but wanted to be available for any questions. Chairperson Pillow asked
if there was anyone wishing to speak for or against the proposed request and there was
no response.
Chairperson Pillow then asked if the Board had any questions for the applicant or the
staff. There were no questions or comments and the public hearing was closed.
Chairperson Pillow proceeded to consideration and possible action of the application.
Board Member Nita Griffin made a motion for approval of a Special Exception permitted
in Section 2.7.3.7 (b) (7) (c), of the Unified Development Code, Ordinance No. 2000-T,
to allow for the reduction of the fagade requirements of the General Business zoning
district with the condition that the renovation to the existing exterior building fagade
materials be constructed as shown on the attached Exhibit #1 and #2 to allow 41% of
the existing EIFS to remain. The motion was seconded by Board Member John
Gehring Jr. The motion for approval carried unanimously with a vote of 5 — 0.
ZBA APPLICATION NO. 2013-16
Request of Neeta Pahwa, owner for a Special Exception permitted in Section 2.7.3.7
(a) (2), of the Unified Development Code, Ordinance No. 2000-T, to allow for the
expansion of the gross floor area of a nonconforming structure, located on the following
described property:
Being 13.4782 Acres in the F.B. Drake Survey, Section 20, Abstract No. 506 of Brazoria
County, Texas. (1038 Portsmouth Drive, Pearland, TX 77584)
Specific Location: The subject property is located at 1038 Portsmouth Drive.
Planner Lauren Stanley presented the staff report explaining the need for the special
exception. She gave a brief history of the site and indicated there would be minimal
impact on surrounding properties. Planner Stanley further stated that there were four
public comment forms received and all were in favor of the proposed special exception.
She stated that staff was recommending approval with the condition that the existing
patio be constructed as indicated on the attached site plan labeled as Exhibit #1.
Chairperson Pillow asked if the applicant wished to make a presentation. Neeta Pahwa
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of 1038 Portsmouth Pearland, TX 77584 introduced herself and stated she was
available if anyone wished to ask her questions.
Chairperson Pillow then asked if there was anyone wishing to speak for or against the
proposed special exception. Mr. Allan Darnell of 814 Tennyson Pearland, TX 77584
stated he was with the HOA Board and he explained that he was simply present for
informational purposes. He further stated that the applicant would need to fill out an
application for approval prior to proceeding with renovations. There was no one else
wishing to speak.
Chairperson Pillow then asked if there were any questions or comments from the Board
for the applicant or the staff. Board Member Derrell Isenberg asked if Board approval
would circumvent the HOA rules. Deputy City Attorney Nghiem Doan stated that it
would not. He further explained that the applicant would have two sets of rules to
adhere to: that of the city and that of the HOA.
The public hearing was adjourned and a motion was made by Board Member Derrell
Isenberg to approve a Special Exception permitted in Section 2.7.3.7
(a) (2), of the Unified Development Code, Ordinance No. 2000-T, to allow for the
expansion of the gross floor area of a nonconforming structure with the condition that
the existing patio be constructed as indicated on the attached site plan labeled as
Exhibit #1. The motion was seconded by Board Member Nita Griffin. The motion
carried unanimously with a vote of 5 — 0.
ZBA APPLICATION NO. 2013-17
Request of Brian Fahnestock, owner and Todd Whistler, agent, for a Special Exception
permitted in Section 2.7.3.7 (a) (2), of the Unified Development Code, Ordinance No.
2000-T, to allow for the expansion of the gross floor area of a nonconforming structure,
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, explaining the purpose of the
request. She stated there would be minimal impact on surrounding properties and
indicated staff was recommending approval of the request with the condition that the
expansion to the existing warehouse building be constructed as indicated on the
attached site plan, with a 10 foot rear setback from the property line.
Chairperson Pillow asked if the applicant wished to make a presentation. The applicant
did not speak.
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Chairperson Pillow then asked if there was anyone wishing to speak for or against the
proposed special exception and there was no response.
Chairperson Pillow then asked if there were any questions or comments from the Board
for the applicant or the staff. There were no questions
The public hearing was adjourned and a motion was made by Board Member John
Gehring for approval of the expansion of the gross floor area of a nonconforming
structure with the condition that the expansion to the existing warehouse building be
constructed as indicated on the attached site plan, with a 10 foot rear setback from the
property line. The motion was seconded by Board Member Derrell Isenberg. The
motion carried unanimously with a vote of 5 — 0.
IV. ADJOURNMENT
Adjournment was at 6:35 PM.
These minutes respectfully submitted by:
f
ebbie Cody, Office
Minutes approved as sub fitted and/or corrected on this 6th day of March 2013 A.D.
Dale Pillow, Chairperson
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