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2010-08-05 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTES THURSDAY, AUGUST 5, 2010 6:00 P.M. COUNCIL CHAMBERS, CITY HALL 3519 LIBERTY DRIVE PEARLAND, TEXAS CALL REGULAR MEETING TO ORDER Chairperson Dale Pillow called the meeting to order at 6:04 p.m. with the following in attendance: Chairperson Dale Pillow Board Member David Torok Board Member David Smith Board Member Don Glenn Alternate Board Member Jerry Acosta Alternate Board Member Shannon McAuliffe and Alternate Board Member Mary Elam sat on the board for discussion, but were not voting members. Also in attendance were Planner I Ian Clowes, Deputy City Attorney Nghiem Doan, Planning Director Lata Krishnarao, and Planning Office Coordinator Judy Krajca. APPROVAL OF MINUTES Board Member David Smith made the motion to approve the June 3, 2010 minutes, and Board Member David Torok seconded. The vote was 4-0. The minutes of June 3, 2010 were approved. Chairperson Dale Pillow abstained from the vote. NEW BUSINESS Chairperson Dale Pillow opened a public hearing for ZBA Application No. 2010-08 at 6:07 p.m. Planner I Ian Clowes read the Public Hearing process. ZBA APPLICATION NO. 2010-08 Page 1 of 5 ZBA Minutes 08/05/10 NOV 0 4 2010 CITY OF PEARLAND CITY SECRETARY'S OFFICE Request of Habitat for Humanity/I Can Impact, Inc, applicant and Roy and Carolyn Hamilton, owner, for a variance from the requirements of Section 2.4.2.8. (2) (b) of the Unified Development Code, Ordinance No. 2000-T, to allow for allow for a reduction of the required side yard setbacks on the following described property: Lot 38 and 39, Block 37, Of the Original Townsite of Pearland, Vol. 29, Pg 41, B.C.D.R. City of Pearland, Brazoria County, Texas. (Located at 2220 Pearland Ave.) Planner I Ian Clowes read the staff report stating the applicant is seeking a variance in order to construct a home with five (5) five foot setbacks. The home will be used by a married couple, built by Habitat for Humanity. Mr. Roy Hamilton of 2720 Glendale, Pearland, Texas spoke and explained that the property was purchased for his daughter and son-in-law, who are mentally challenged. The couple might need a caregiver at a future date, so the home is designed a bit larger to meet a caregivers needs. Mrs. Gwen Noser of 3340 Walnut #119, Pearland, Texas spoke as the potential tenant of the home. There was no discussion among the Staff/Board/Applicant. Chairperson Dale Pillow adjourned the public hearing for ZBA Application No. 2010-08 at 6:16 p.m. Board Member David Torok made the motion to approve, and Alternate Board Member Jerry Acosta seconded. The vote was 5-0. ZBA Application No. 2010-08 was approved. Chairperson Dale Pillow opened a public hearing for ZBA Application No. 2010-10 at 6:16 p.m. ZBA APPLICATION NO. 2010-010 Request of Denbury Onshore, LLC, applicant and John D. Menefee and Laverne Lang, owner, for a special exception from the requirements of Section 2.7.3.7. (a) (1) of the Unified Development Code, Ordinance No. 2000-T, to allow for the expansion of a non- conforming use on the following described property: 3.59 acre tract in the H.T.& B RR Co. Survey, Abstract No. 292, Alison Richey Subdivision Vol. 2, Pg 101 Plat Records of Brazoria County, City of Pearland, Brazoria County, Texas (Located on SH 35 south of S. Hastings Field Rd.) Page 2 of 5 ZBA Minutes 08/05/10 Planner I lan Clowes read the staff report stating the applicant is seeking a special exception to expand or resume a non -conforming use, and would like to add two additional wells at this time. Mr. James Fields of 5100 Tennyson Parkway, #1200, Plano, Texas spoke on behalf of Denbury Onshore, LLC. Mr. Fields stated they have a permit in for one well, but have withdrawn the 2nd permit, at this time. Mr. Michael Sanders, Attorney for Mary Price, spoke in opposition of the Special Exception for the following reasons: 1,. Well #4304 is less than 500 feet from Ms. Prices home. Her signature is needed in order to drill, and she will not sign. 2. Ms. Price has lost faith with Denbury Onshore, LLC. There have been seven spills on her property. Ms. Sharon Williford of 9180 CR 414, Alvin, Texas lives next door and opposes the special exception. She has been ill since April and Denbury Onshore LLC has been drilling 24 hours a day/7 days a week. The Police have been called out due to complaints with the noise, but since there is no noise ordinance, nothing can be done. She has lived at this location for 30 years. When Amoco Corporation owned this drilling site, they worked within certain hours. Denbury Onshore, LLC has constant drilling Board Member Don Glenn inquired what the two new wells would be for. Mr. James Field stated that the West Hastings Oil Field was originally drilled in the 1930's, and again in the 1980's. Once all the new equipment is installed, there won't be any pumping stations. All the old will be replaced and gone, and new equipment will be brought in. Board Member David Torok inquired about the 500 foot notification. Alternate Board Member Jerry Acosta inquired about the Light Industrial (M-1) and Heavy Industrial (M- 2) allowing this use. Discussion ensued. Planning Director Lata Krishnarao spoke about the Annexation of this area (known as Area 5), and that City Council has halted the annexation process for now, due to the large public outcry. Deputy City Attorney Nghiem Doan added that City Council also had concerns with the mixed uses and zoning designation for area 5. Discussion ensued as to the drilling, city ordinance, noise, and time -line for drilling to be allowed. Chairperson Dale Pillow adjourned the public hearing for ZBA Application No. 2010-10 at 6:58 p.m. Page 3 of 5 ZBA Minutes 08/05/10 Board Member Don Glenn made the motion to approve, and Board Member David Torok seconded. The vote was 3-2. The special exception for ZBA Application No. 2010-10 was denied. Board Member David Torok and Alternate Board Member Jerry Acosta voted in opposition. Chairperson Dale Pillow opened a public hearing for ZBA Application No. 2010-11 at 6:59 p.m. ZBA APPLICATION NO. 2010-11 Request of Jack McGuff, applicant and Brazosport Cardiology, owner, for a variance from the requirements of Section 2.4.5.1. (d) (1) of the Unified Development Code, Ordinance No. 2000-T, to allow for a reduction in the required building articulation within the corridor overlay district on the following described property: 3.101 acre tract in the H.T. & B.R.R.Co. Survey, abstract 309, Being a part of Lot 7 of the Alison Richey Subdivision, as recorded in Volume 2, Page 23, Brazoria County Plat Records, City of Pearland, Brazoria County, Texas (Located on Broadway East of Ower Ln.). Planner I Ian Clowes read the staff report stating the applicant is seeking a variance to reduce the required vertical articulation from one foot (1') per every ten feet (10') to eight inches (8") per every ten feet (10'). Mr. Jack McGuff, Jr. of 5208 Broadway, Pearland, Texas stated they are asking for a different articulation. There was no one present to speak for or against the proposed variance request. There was no discussion among the Staff/Board/Applicant. Chairperson Dale Pillow adjourned the public hearing for ZBA Application No. 2010-11 at 6:55 p.m. Alternate Board Member Jerry Acosta made the motion to approve, and Board Member Don Glenn seconded. The vote was 4-1. ZBA Application No. 2010-11 was approved. Board Member David Smith voted in opposition. Page 4 of 5 ZBA Minutes 08/05/10 ADJOURNMENT Chairperson Dale Pillow adjourned the meeting at 6:56 p.m. These minutes respectfully submitted by: C Judy Kra, Planing 0 ice coordinator ( 4. Minutes approved as submitted and/or corrected on this 2nd day of September, 2010 A.D. Dale Pillow, Chairperson Page 5 of 5 ZBA Minutes 08/05/10