R2021-CUP21-00013 2021-06-14RESOLUTION R2021- CUP21-00013
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Accessory Dwelling use located within
the Residential Estate (R-E) District, on approximately 2.439 acres of
land; being all of Lot 2, Block 1 of the Amended Plat of Lot 6, Block 1 of Hickory
Place Subdivision, a subdivision in the City of Pearland, Brazoria County,
Texas, according to the map or plat recorded under Clerk's File No.
2016051080 in the Plat Records of Brazoria County, Texas (Located at 2317
Bryan Court, Pearland, Texas). Conditional Use Permit Application No
CUP21-00013, for Accessory Dwelling use located within the Residential
Estate (R-E) District, at the request of Anthony E. Eaddy, applicant and owner,
containing a savings clause, a severability clause, and an effective date and
other provisions related to the subject.
WHEREAS, Anthony E. Eaddy, applicant and owner, is requesting approval of a
Conditional Use Permit (CUP) for Accessory Dwelling use within the Residential Estate
(R-E) District; said property being legally described in the legal description attached
hereto and made a part hereof for all purposes as Exhibit "A," and more graphically
depicted in the vicinity map attached hereto and made a part hereof for all purposes as
Exhibit "B"; and
WHEREAS, on the 17th of May, 2021, a public hearing was held before the
Planning and Zoning Commission of the City of Pearland, Texas, notice being given by
online publication on the City website, a copy of which being attached hereto and made
a part hereof for all purposes as Exhibit "C," said call and notice being in strict conformity
with provisions of Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, the Planning and Zoning commission having fully heard the testimony
and argument of all interested parties, and having been fully advertised in the premises,
finds that in the case of the application of Anthony E. Eaddy, applicant and owner, for
approval of a Conditional Use Permit (CUP) for Accessory Dwelling use on approximately
2.439 acres; presented which, in the judgment of the Planning and Zoning Commission,
would justify the recommendation of approval with conditions of said application; and
WHEREAS, on the 14th of June, 2021, the City Council having fully heard the
testimony and argument of all interested parties, and having been fully advertised in the
premises, finds that in the case of the application of Anthony E. Eaddy, applicant and
owner, for approval of a Conditional Use Permit for Accessory Dwelling use within the
Residential Estate (R-E) District, on approximately 2.439 acres of land; presented which,
in the judgment of the City Council, would justify the approval of said application; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section I. The following described property located within the corporate City
Limits of the City of Pearland, Texas, and presently being located within the Residential
Estate (R-E) District, is hereby granted a Conditional Use Permit (CUP) for Accessory
Dwelling, subject to all requirements of the Residential Estate (R-E) District, in
accordance with all conditions and requirements of the Unified Development Code
approved by the City Council and incorporated for all purposes, such property being more
particularly described as:
Legal Description: Being all of Lot 2, Block 1 of the Amended Plat of Lot 6, Block
1 of Hickory Place Subdivision, a subdivision in the City of Pearland, Brazoria
County, Texas, according to the map or plat recorded under Clerk's File No.
2016051080 in the Plat Records of Brazoria County, Texas.
General Location: 2317 Bryan Court, Pearland, Texas.
Section II. The City Council of the City of Pearland finds and determines that the
recitations in the preamble hereof are true and that all necessary prerequisites of law
have been accomplished and that no valid protest of the proposed change has been
made. The City Council further finds and determines that there has been compliance with
the mandates of law in the posting and presentation of this matter to the Planning and
Zoning Commission and to City Council for consideration and decision.
Section III. The City Council of the City of Pearland finds and determines that the
Resolution adopted herein promotes the health, safety, and general welfare of the public
and is a proper valid exercise of the City's police powers.
Section IV. If any section, subsection, sentence, clause, phrase, or portion of this
Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision
and such holding shall not affect the validity of the remaining portions thereof.
Section V. All rights and remedies, which have accrued in the favor of the City
under this Resolution and its amendments thereto, shall be and are preserved for the
benefit of the City.
Section VI. This Resolution shall become effective after its passage and
approval.
PASSED, APPROVED, and ADOPTED on this day, the 14th of June 2021.
,2e
EVIN COLE
MAYOR
CRYSTAL ROAN, TRMC, CMC
CITY SECRETARY
(-41-=---Of ,
DARRIN M. COKER
CITY ATTORNEY
Exhibit A
Legal Description
Being all of Lot 2, Block 1 of the Amended Plat of Lot 6, Block 1 of Hickory Place
Subdivision, a subdivision in the City of Pearland, Brazoria County, Texas, according to
the map or plat recorded under Clerk's File No. 2016051080 in the Plat Records of
Brazoria County, Texas.
Exhibit B
Vicinity Map
RIMING
t�KIN'c'AUTHOR
�.- )z "SR-12
CAMEilOTS'Cs
,SUNNYVIEW.0
I
to
SU
re
C Z.
re
Exhibit 1
CUP 21-00013
Zoning & Aerial Map
2317 Bryan Ct.
Accessory Dwelling in RE
District
Legend
QSubject Property
Thi• product i. for Informational pura+r+ and
may not have been prepared furor be.uitabl.-
for legal.anal ne.nnt.n..un yingpan...". It
doe, not reprocnt an on -the -ground run>. and
tepreeentt only the appronsate relative fixation
of property boundati .
1 indd = 500 feet
MAY 1. 2021
COMMUNITY DIN DEIT.
281.652.1765
Exhibit C
Online Notification
CITY OF PEARLAND
3523 Liberty Drive. Pearland, Texas 77581
FAX: 281.652.1702 www.pearlandtx.gov
NOTICE OF A PUBLIC HEARING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, REGARDING:
Conditional Use Permit Application: CUP 21-00013
A request by Anthony E. Eaddy, applicant and owner, for approval of a Conditional
Use Permit (CUP) for Accessory Dwelling located within the Residential Estate (R-
E) District, to accommodate the construction of a 1.600-square foot dwelling unit to
serve a private living quarters for grandparents, on approximately 2.439 acres of
land: to wit:
Legal Description: Being all of Lot 2, Block 1 of the Amended Plat of Lot 6, Block 1
of Hickory Place Subdivision, a subdivision in the City of Pearland, Brazoria County,
Texas. according to the map or plat recorded under Clerk's File No. 2016051080 in
the Plat Records of Brazoria County. Texas.
General Location: 2317 Bryan Court. Pearland, Texas.
Summary: The applicant proposes to construct a 1,600-square foot accessory
dwelling unit to serve a private living quarters for grandparents connected by a
porte-cochere to a proposed 5,500-square foot single-family home on the subject
property.
THE PUBLIC HEARING WILL BE CONDUCTED VIA
TELEPHONENIDEO CONFERENCE & IN -PERSON
on:
Monday, May 17, 2021 at 6:30 P.M.
You are receiving this notice because appraisal district records indicate that you
own property within 200 feet of the subject property identified on the attached map.
You are invited to voice your support or opposition for the above referenced request
by submitting comments or requesting to speak remotely. You may submit
comments by email to siowe[apearlandtx.gov or submit a request to speak remotely
during the tele-conference. The public will be permitted to offer public comments by
telephone as first priority and in -person as provided by the agenda and as permitted
by the presiding officer during the meeting. All speakers MUST register in advance.
To speak remotely during the meeting, speakers MUST:
• Submit the online registration form found at:
https://pearlandtx.civicweb.net/Portal/MeetingTypeList.aspx.
• Registration must be received no later 12 p.m. on Monday, May 17. Once
the registration form is received, residents will receive either an email or
phone call providing them a telephone number to call on Monday, May 17.
• Speakers must call in at least 30 minutes prior to the start of the meeting in
order to speak, late callers will not be accepted and will not be able to
speak.