2015-04-16 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, April
16, 2015, 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
Board Member Don Glenn
Alternate Board Member John Gehring
Also in attendance were: Associate Planner Vince Hustead, Deputy City Attorney
Nghiem Doan, Deputy City Attorney Lawrence Provins, Director of Community
Development Lata Krishnarao, and Office Assistant Jennifer Tatum.
APPROVAL OF MINUTES — January 8, 2015
ZBA Alternate Board Member John Gehring made the motion to approve the Minutes
of the January 8, 2015 ZBA regular meeting, and Board Member Nita Griffin seconded
the motion.
The vote was 5-0. The minutes of the ZBA regular meeting on January 8, 2015 were
approved.
NEW BUSINESS
ZBA APPLICATION NO. 2015-01
Chairperson Dale Pillow opened the public hearing for ZBA Application No. 2015-01 at
6:01 p.m.
CALL PUBLIC HEARING TO ORDER
Chairperson Dale Pillow read the purpose of the hearing.
A request of Paul Chapman, applicant; on behalf of Carol Chapman, owner; for approval
of a Variance permitted in Section 2.2.5.2, of the Unified Development Code, Ordinance
No. 2000-T, to allow encroachment of over 4 feet into the side yard setback, to allow for
the construction of a porte-cochere on the following described property:
Page 1 of 5
ZBA 04-16-2015
Legal Description: Being Lot 12, Block 1, out of Willow Lake Estates, Section 1,
Brazoria County, Texas.
General Location: 3417 Windcrest Ct, Pearland, TX 77581
Associate Planner Vince Hustead read the staff report stating the applicant was
applying for a variance to allow encroachment of over 4 feet into the side yard in order
to construct a porte-cochere.
Mr. Paul Chapman, applicant, 3417 Windcrest, stated he has always had a porte-
cochere in previous homes. Mr. Chapman stated that he and his wife were disabled
and having a porte-cochere would help them in many ways. Mr. Chapman stated he
had a petition signed by 59 residents of his neighborhood stating they did not have an
issue with the porte-cochere.
Michelle Knight 3415 Windcrest stated this was her parents' house and that her great
grandfather lived there as well. Ms. Knight stated the porte-cochere would help them.
Jane Sordillo 3419 Windcrest stated she did not have an issue with it.
Mike Sincox 3303 Windcrest stated he did not have an issue with it as long as it met
the IBC. (He provided a copy of the IBC) Mr. Sincox stated if the porte-cochere met
the deed restrictions, and was approved by engineers for safety that the HOA did not
have an issue with it.
Mr. Brian Weber 9502 FM 1462 Alvin TX, builder for the applicant, stated the porte-
cochere would meet all requirements and that the applicant deserved to have this
built.
Associate Planner Vince Hustead stated he received 3 comment forms, 1 in favor and
2 opposed. Vice Chairperson Mark Lewis inquired if the rest of the porte-cocheres in
the neighborhood were out of code. Mr. Hustead stated it was a possibility. Deputy
City Attorney Nghiem Doan stated that having a porte-cochere sounded like a good
idea but rules are rules and must be followed. Mr. Paul Chapman, applicant, stated
that city staff told him it was not approved because he was going 14 inches into 3 feet.
Mr. Chapman stated if he was connecting the porte-cochere to the house he would
have to meet a bigger set back, and that he was not connecting to the house.
ADJOURNMENT OF PUBLIC HEARING
Chairperson Dale Pillow adjourned the public hearing for ZBA Application No. 2015-01
at 6:28 p.m.
ZBA Vice Chairperson Mark Lewis made the motion to approve ZBA Application No.
2015-01 and ZBA member Don Glenn seconded the motion.
The vote was 0-5. ZBA Application No. 2015-01 was denied.
Page 2 of 5
ZBA 04-16-2015
v O� rE�R`90
T E X A 5
fsT. 8�Q
ZBA APPLICATION NO. 2015-02
CALL PUBLIC HEARING TO ORDER
Chairperson Dale Pillow opened the public hearing for ZBA Application No. 2015-02 at
6:29 p.m.
PURPOSE OF HEARING:
Chairperson Dale Pillow read the purpose of the hearing.
A request by Josean Perez, applicant; on behalf of Russ Wilkins, R4 Resources, owner;
for approval of a Special Exception permitted in Section 2.7.3.7 (b), of the Unified
Development Code, Ordinance No. 2000-T, to allow for the future expansion of the
gross floor area of a non -conforming structure on the following described property:
Legal Description: Being Lot 1, Phase II out of Brazoria Industrial Park, a Subdivision
of 22.65 acres of land in Brazoria County, Texas.
General Location: 8511 Industrial Dr., Pearland, TX 77581.
Associate Planner Vince Hustead read the staff report stating the applicant was
applying for a Special Exception to allow for the future expansion of the gross floor
area of a non -conforming structure.
Mr. Russ Wilkins 8511 Industrial Pearland TX 77584 stated this was part of the plat
restructuring and that P&Z approved the plat.
There was no one wishing to speak for or against the proposed request.
Chairperson Dale Pillow inquired about the location of the cell tower. Associate
Planner Vince Hustead stated it was located on the NE corner of the property. ZBA
member Nita Griffin inquired if the cell tower would be a problem. Ms. Pillow stated
that the cell tower would comply. ZBA Vice Chairperson Mark Lewis inquired if any
complaints had been received. Mr. Hustead stated no.
ADJOURNMENT OF PUBLIC HEARING
Chairperson Dale Pillow adjourned the public hearing for ZBA Application No. 2015-02
at 6:40 p.m.
ZBA member Nita Griffin made the motion to approve ZBA Application No. 2015-02
and ZBA Vice Chairperson Mark Lewis seconded the motion.
The vote was 5-0. ZBA Application No. 2015-02 was approved.
ZBA APPLICATION NO. 2015-03
Page 3 of 5
ZBA 04-16-2015
Chairperson Dale Pillow opened the public hearing for ZBA Application No. 2015-03 at
6:41 p.m.
Chairperson Dale Pillow read the purpose of the hearing.
CALL PUBLIC HEARING TO ORDER
PURPOSE OF HEARING:
A request of Geoff Freeman / BGE Kerry R. Gilbert Associates, applicant; on behalf of
Vanessa Perez / Beazer Homes of Texas owner; for approval of a Variance permitted
in Section 2.2.5.5.2 of the Unified Development Code, Ordinance No. 2000-T, to allow
for an encroachment of approximately 2.5 feet into the side yard setback on the
following described property:
Legal Description: Being Lot 5, Block 4 of Enclave at Highland Glen Sec. 3, Brazoria
County, Texas
General Location: North of Pearland Parkway, East of Hughes Road.
Associate Planner Vince Hustead read the staff report stating the applicant was
applying for approval to allow encroachment of approximately 2.5 feet into the side
yard setback.
Geoff Freeman with Kerry Gilbert's office stated the entire development was
uninhibited. Further discussion ensued concerning the need for encroachment.
There was no one wishing to speak for or against the proposed request.
ZBA Vice Chairperson Mark Lewis inquired if other residents wanted larger homes
would they have to go through this same process. Associate Planner Vince Hustead
stated that this could happen again. Mr. Geoff Freeman stated that these lots had not
been sold yet, and that this was the land owner making the request. ZBA alternate
member John Gehring inquired if this was a standard sized house. Mr. Freeman
stated yes, it was a 55 foot lot with 7'/2 foot side set back and a 40 foot wide house.
Director of Community Development Lata Krishnarao stated the cluster plan allowed
the builder to reduce the lot size and questioned if there was a hardship. ZBA
Chairperson Dale Pillow stated there was not a hardship.
ADJOURNMENT OF PUBLIC HEARING
Chairperson Dale Pillow adjourned the public hearing for ZBA Application No. 2015-03
at 6:54 p.m.
ZBA member Don Glenn made a motion to approve ZBA application No. 2015-03 and
ZBA alternate member John Gehring seconded.
Page 4 of 5
ZBA 04-16-2015
r'(0k EARyo
r x -
F.fT. t89A
The vote was 0-5. ZBA Application No. 2015-03 was denied.
ADJOURNMENT
Chairperson Dale Pillow adjourned the public hearing at 6:55p.m.
These minutes respectfully submitted by:
Jennifer tum, Office Assistant
Minutes approved as submitted and/or corrected on this 4th day of June 2015 A.D.
Dale Pillow, Chairperson
Page 5 of 5
ZBA 04-16-2015