2010-09-02 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESZONING BOARD OF ADJUSTMENT
REGULAR MEETING
MINUTES
THURSDAY, SEPTEMBER 2, 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 Willard Briley
Alternate Board Member Mary Elam
Alternate Board Member Jerry Acosta
Also in attendance were Planner I Ian Clowes, and Deputy City Attorney Nghiem Doan.
Alternate Board Member Jerry Acosta arrived at 6:05 p.m. and was a non -voting
member.
APPROVAL OF MINUTES
Alternate Board Member Mary Elam made the motion to approve the August 5, 2010
minutes, and Board Member David Smith seconded.
The vote was 5-0. The minutes of August 5, 2010 were approved.
NEW BUSINESS
Chairperson Dale Pillow opened a public hearing for ZBA Application No. 2010-12 at
6:07 p.m.
Planner I Ian Clowes read the Public Hearing process.
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ZBA APPLICATION NO. 2010-12
Request of Bryan Stephens, applicant and owner, for a variance from the requirements
of Section 2.4.2.7. (c) (2) (c) of the Unified Development Code, Ordinance No. 2000-T,
to allow for a reduction of the required rear yard setback on the following described
property:
Lot 39, Block 3 of the Final Plat of Creekside, Section 2 in Brazoria County Texas
according to the Map or Plat recorded in Vol. 24, PG 181 of the Plat records of Brazoria
County, Texas (2969 Winterberry Ct.)
Planner I Ian Clowes read the staff report stating the applicants' home was built in 2005
with a nonconforming rear setback of 16.74 feet. The required rear setback is 20 feet.
The applicant applied for a building permit for a pool, at which time the nonconforming
set back was found.
The applicant was not present to speak.
There was no discussion among the Staff/Board/Applicant.
Chairperson Dale Pillow adjourned the public hearing for ZBA Application No. 2010-12
at 6:10 p.m.
Board Member David Smith made the motion to approve, and Board Member Willard
Briley seconded.
The vote was 5-0. ZBA Application No. 2010-12 was approved.
Chairperson Dale Pillow opened a public hearing for ZBA Application No. 2010-13 at
6:11 p.m.
ZBA APPLICATION NO. 2010-13
Request of George Lowery, applicant, and XL Auto Parts, owner, for a Variance from
the requirements of Section 4.2.5.3. (b) (4) of the Unified Development Code,
Ordinance No. 2000-T, to allow for a reduction in the required setback for a ground sign
on the following described property:
2.046 acre tract, Lot 58, W. Zychlinski Subdivision according to the Map or Plat
recorded in Vol. 29, Pg. 43 of the Plat records of Brazoria County, Texas (1515 N. Main
St.)
Planner I Ian Clowes read the staff report stating the applicant is seeking a reduction in
the required setback for a ground sign from five (5) feet to two (2) feet from the property
line.
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George Lowery, applicant, of 7938 Wright Road, Houston, Texas spoke briefly stating
he echoed Mr. Clowes' summary.
There was no one present to speak for or against the variance request.
Board Member David Torok inquired about the comment in the staff report that other
businesses have found ways of working with the five foot (5') setback requirement.
Mr. Lowery spoke of how TxDOT has taken a portion of the right -a -way, and felt this
was the only way to display a sign, that can be seen.
Board Member David Torok asked if the sign could be placed in one of the parking
spaces and would that keep them from meeting the required parking spaces.
Planner I Ian Clowes stated he would have to check into this, but he did not think using
one space would make a difference, affecting the parking requirement.
Alternate Board Member Jerry Acosta inquired as to the height of the sign. Planner I
Ian Clowes stated the maximum height is 10 ft. Mr. Lowery stated the sign would be 10
feet in height.
Some discussion ensued with regards to the placement of the sign, TxDOT expanding
Main Street, and the visibility of the sign.
Deputy City Attorney Nghiem inquired about the actual hardship. Some discussion
ensued.
Chairperson Dale Pillow adjourned the public hearing for ZBA Application No. 2010-13
at 6:32 p.m.
Board Member David Torok made the motion to approve, and Alternate Board Member
Mary Elam seconded.
The vote was 0-5. The Variance for ZBA Application No. 2010-13 was denied.
ADJOURNMENT
Chairperson Dale Pillow adjourned the meeting at 6:33 p.m.
These minutes respectfully submitted by:
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Judy Kraj , Plan ng Office l oo foinator
Minutes approved as submitted and/or corrected on this 4th day of November, 2010
A.D.
Dale Pillow, Chairperson
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