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2014-08-07 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF PEARLAND, TEXAS HELD ON THURSDAY, AUGUST 7, 2014, AT 6:00 P.M. IN THE COUNCIL CHAMBERS, CITY HALL CALL TO ORDER ZBA Chairperson Dale Pillow called to order the public hearing at 6:00 p.m. The following were present: Chairperson Dale Pillow Vice -Chairperson Mark Lewis Board Member Nita Griffin Alternate Board Member Derrell Isenberg Alternate Board Member John Gehring Also in attendance were: Senior Planner Ian Clowes, Deputy City Attorney Nghiem Doan, City Planner Johnna Matthews and Office Assistant Jennifer Tatum. Non-voting member present was Jerry Acosta whom only voted for the election item. APPROVAL OF MINUTES Minutes of April 3, 2014 and June 5, 2014 were deferred to the next regular scheduled ZBA meeting. NEW BUSINESS ZBA APPLICATION NO. 2014-07 Chairperson Dale Pillow opened the public hearing for ZBA Application No. 2014-07 at 6:01 p.m. Alternate Member Derrell Isenberg read the purpose of the hearing. PURPOSE OF HEARING: A request of Jim Hopkins, applicant, on behalf of Crowder Investments, Inc., owner, 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: All that certain 1.7998 acres of land out of the 297.58 acres recorded at Volume 1023, Page 297, Brazoria County Deed Records, Brazoria County, Texas and being out of the W.D.C. Hall Survey, A-70 Brazoria County, Texas. (2422 Broadway Street, Pearland, TX77581) Page 1 of 6 ZBA 08-07-2014 Specific Location: The subject property is located at 2422 Broadway Street. STAFF REPORT Senior Planner Ian Clowes read the staff report stating staff recommend approval. APPLICANT PRESENTATION Applicant was present but did not speak. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST There was no one present to speak for or against the proposed request. STAFF / BOARD / APPLICANT DISCUSSION There was no discussion among the Staff / Board / Applicant / ADJOURNMENT Chairperson Dale Pillow adjourned the public hearing for ZBA Application No. 2014-07 at 6:06 p.m. CONSIDERATION AND POSSIBLE ACTION Alternate Board Member Derrell Isenberg made the motion to approve, and Vice Chairperson Mark Lewis seconded the motion. The vote was 5-0. ZBA Application 2014-07 was approved. ZBA APPLICATION NO. 2014-08 Chairperson Dale Pillow opened the public hearing for ZBA Application No. 2014-08 at 6:06 p.m. Vice Chairperson Mark Lewis read the purpose of the hearing. 1_111i;L41 A request of Russell Holland, applicant, on behalf of Pavilion NTB — Pearland East, LP., owner, for a Special Exception permitted in Section 2.7.3.7 (a), 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: All that certain 0.517 acres of land in the W.D.C. Hall League, Abstract No. 70, Brazoria County, Texas. Said 0.517 of an acre is in lot 'A' of Block 1 of the NTB Pearland Store Subdivision Plat as recorded in Clerk's File No. 2005023119 in the Brazoria County, Texas (1505 Broadway Street, Pearland, TX 77581) Specific Location: The subject property is located at 1505 Broadway Street. Page 2 of 6 ZBA 08-07-2014 STAFF REPORT Senior Planner Ian Clowes read the staff report stating staff recommended approval. APPLICANT PRESENTATION Applicant was present but did not speak. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST There was no one present to speak for or against the proposed request. STAFF / BOARD / APPLICANT DISCUSSION There was no discussion among the Staff / Board / Applicant / ADJOURNMENT OF PUBLIC HEARING Chairperson Dale Pillow adjourned the public hearing for ZBA Application No. 2014-08 CONSIDERATION AND POSSIBLE ACTION Vice Chairperson Mark Lewis made the motion to approve, and Alternate Member Derrell Isenberg seconded the motion. The vote was 5-0. ZBA Application 2014-08 was approved. ZBA APPLICATION NO. 2014-09 Chairperson Dale Pillow opened the public hearing for ZBA Application No. 2014-009 at 6:13 p.m. Vice Chairperson Mark Lewis read the purpose of the hearing. PURPOSE OF HEARING: A request of Doshi Engineering and Surveying Company, applicant, on behalf of Bayou Properties Co., owner, for a Special Exception permitted in Section 2.7.3.7 (a), of the Unified Development Code, Ordinance No. 2000-T, to allow for an encroachment of an existing building into the front setback line located on the following described property: Being 6.1788 acres of land being a part of Lot 38 and 39 of the W. Zychlinsky Subdivision Vol. 29, Pg. 43 & 44 Brazoria County Deed Records being in the H.T. & B.R.R. Co. Survey, A-232, Brazoria County, Texas. (4101 Rice Drier Rd. Pearland, TX 77581) Specific Location: The subject property is located at 4101 Rice Drier Road. STAFF REPORT Senior Planner Ian Clowes read the staff report stating staff recommended approval. Page 3 of 6 ZBA 08-07-2014 APPLICANT PRESENTATION Applicant was present but did not speak. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST There was no one present to speak for or against the proposed request. STAFF / BOARD / APPLICANT DISCUSSION Alternate Member John Gehring asked if Rice Drier Road was improved if the Right of Way or building would be affected. Senior Planner Ian Clowes stated that Rice Drier Road was not a collector or thoroughfare and that he would look into it. ADJOURNMENT OF PUBLIC HEARING Chairperson Dale Pillow adjourned the public hearing for ZBA Application No. 2014-09 CONSIDERATION AND POSSIBLE ACTION Board Member Nita Griffin made the motion to approve, and Vice Chairperson Mark Lewis seconded the motion. The vote was 5-0. ZBA Application No. 2014-09 was approved. ZBA APPLICATION NO. 2014-10 Chairperson Dale Pillow opened the public hearing for ZBA Application No. 2014-10 6:20 p.m. Alternate Member John Gehring read the purpose of the hearing. PURPOSE OF HEARING: A request of Thomas G. Gault Jr., applicant, on behalf of Rebecca Holdings, Inc., owner, for a Special Exception permitted in Section 2.7.3.7 (a), 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: Being 2.089 acres of land on Lot 1 of C.B. Estates, according to the Plat as recorded in document number 2006061070, official records of real property, Brazoria County, Texas, situated in the A.C.H. & B.R.R. Survey, Section 2, Abstract 507, Brazoria County, Texas. (3446 Main St., Pearland, TX 77581) Specific Location: The subject property is located at 3446 Main Street. STAFF REPORT Senior Planner Ian Clowes read the staff report stating staff recommended approval. Page 4 of 6 ZBA 08-07-2014 APPLICANT PRESENTATION Applicant was present but did not speak. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST There was no one present to speak for or against the proposed request. STAFF / BOARD / APPLICANT DISCUSSION There was no discussion among the Staff / Board / Applicant / ADJOURNMENT OF PUBLIC HEARING Chairperson Dale Pillow adjourned the public hearing for ZBA Application No. 2014-10 at 6:27 p.m. CONSIDERATION AND POSSIBLE ACTION Alternate Member John Gehring made the motion to approve, and Vice Chairperson Mark Lewis seconded. The vote was 5-0. ZBA Application No. 2014-10 was approved. ZBA APPLICATION NO. 2014-11 Chairperson Dale Pillow opened the public hearing for ZBA Application No. 2014-11 6:28 p.m. Alternate Member Derrell Isenberg read the purpose of the hearing. A request of Thomas G. Gault Jr., applicant, on behalf of Rebecca Holdings, Inc., owner, for a Variance from Section 2.4.4.8 (c), of the Unified Development Code, Ordinance No. 2000-T, to allow for a building encroachment into the side yard setback requirement of the zoning district located on the following described property: Being 2.089 acres of land on Lot 1 of C.B. Estates, according to the Plat as recorded in document number 2006061070, official records of real property, Brazoria County, Texas, situated in the A.C.H. & B.R.R. Survey, Section 2, Abstract 507, Brazoria County, Texas. (3446 Main St., Pearland, TX 77581) Specific Location: The subject property is located at 3446 Main Street. STAFF REPORT Senior Planner Ian Clowes read the staff report stating staff recommended approval. APPLICANT PRESENTATION Applicant was present but did not speak. Page 5 of 6 ZBA 08-07-2014 PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST There was no one present to speak for or against the proposed request. STAFF / BOARD / APPLICANT DISCUSSION There was no discussion among the Staff / Board / Applicant / ADJOURNMENT OF PUBLIC HEARING Chairperson Dale Pillow adjourned the public hearing for ZBA Application No. 2014-11 at 6:32 p.m. CONSIDERATION AND POSSIBLE ACTION Alternate Member Derrell Isenberg made the motion to approve, and Alternate Member John Gehring seconded. The vote was 5-0. ZBA Application No. 2014-11 was approved. ELECTION It was unanimously agreed to retain the existing officers. Dale Pillow- Chairperson Mark Lewis- Vice Chairperson ADJOURNMENT Chairperson Dale Pillow adjourned the public hearing at 6:35p.m. These minutes respectfull submitted by. Jennife atum, Office Assistant Minutes approved as submitted and/or corrected on this 3rd day of July 2014 A.D. Dale Pillow, Chairperson Page 6 of 6 ZBA 08-07-2014