2010-12-02 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESZONING BOARD OF ADJUSTMENT
REGULAR MEETING MINUTES
THURSDAY, DECEMBER 2, 2010 AT 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 6:02 p.m. with the following in
attendance:
Chairperson Dale Pillow
Board Member David Torok
Board Member Willard Briley
Alternate Board Member Shannon McAuliffe
Alternate Board Member Jerry Acosta
Also in attendance were Planner I Ian Clowes, Senior Planner Harold Ellis, Deputy City
Attorney Nghiem Doan, and Office Coordinator Judy Krajca.
APPROVAL OF MINUTES
Alternate Board Member Shannon McAuliffe made the motion to approve the November
4, 2010 minutes, and Board Member David Torok seconded.
The vote was 5-0. The minutes of November 4, 2010 were approved.
NEW BUSINESS
Chairperson Dale Pillow opened a public hearing for ZBA Application No. 2010-17 at
6:04 p.m.
Planner I Ian Clowes read the Public Hearing process.
ZBA APPLICATION NO. 2010-17
Request of Mehendi Kaknojia, applicant and owner, for a special exception from the
requirements of Section 4.2.1.2 (a) of the Unified Development Code, Ordinance No.
2000-T, a request to allow shared off street parking on an adjacent lot on the following
described property:
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1.0687 acre tract of land out of the D.H.M. Hunter Survey, Abstract No. 76 Being all of
Lot 1, Block 1 and part of Lot 2, Highland Glen Center Subdivision, according to the plat
recorded in Vol. 2008, Pg. 21783 of the Plat Records of Brazoria County, Texas. (1802
Pearland Pkwy. Pearland, TX)
Chairperson Dale Pillow read the purpose of the hearing.
Planner I Ian Clowes read the staff report, and stated a shared parking agreement is in
place and is recorded with the county.
The applicant was not present to speak.
Mr. Mark Kanlen of 1922 Hollow Mist Lane, Pearland, Texas spoke and inquired about
the parking spaces and the development of the entire property.
Board Member David Torok stated that a recorded copy of the parking agreement
needed to be on file, before permits are issued. There was some discussion with
regards to buffering, screening and compliance with the Unified Development Code.
Chairperson Dale Pillow adjourned the public hearing for ZBA Application No. 2010-17
at 6:11 p.m.
Board Member David Torok made the motion to approve with the condition of staff
having on file the recorded shared parking agreement, and Board Member Willard Briley
seconded.
The vote was 5-0. ZBA Application No. 2010-17 was approved.
Chairperson Dale Pillow opened a public hearing for ZBA Application No. 2010-18 at
6:12 p.m.
ZBA APPLICATION NO. 2010-18
Request of DSL Construction, applicant and Roland Rocha, owner, for a Special
Exception under Section 2.7.3.7 (a) (3), of the Unified Development Code, Ordinance
No. 2000-T, to allow for a resumption of a nonconforming use on the following
described property:
0.475 acres of land, Lots 23 and 24, Block 3, of the Wagon Wheel Subdivision, Abstract
509, H.T. &B.R.R. Company Survey, City of Pearland. Brazoria County, TX (6017
Larrycrest Dr. Pearland, TX)
Chairperson Dale Pillow read the purpose of the hearing.
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Planner I Ian Clowes read the staff report, and explained the history of the property. Mr.
Clowes stated he received several phone calls with the specific concern being that no
liquor sales be allowed.
The applicant was present, but did not speak.
There was no one present to speak for or against the special exception request.
The Board discussed whether beer and wine is allowable for sale. No hard liquor sales.
Board Member Willard Briley stated a condition should be added that no hard liquor be
allowed on the premises. Only beer and wine sales would be allowed, and no
consumption of any alcohol shall be permitted on site.
Chairperson Dale Pillow adjourned the public hearing for ZBA Application No. 2010-18
at 6:20 p.m.
Board Member Willard Briley made the motion to approve with the same conditions to
not allow hard liquor sales, and no consumption of alcohol on site; and the same
conditions as presented in the original Special Exception, and Alternate Board Member
Jerry Acosta seconded.
The vote was 4-1. ZBA Application No. 2010-18 was approved with the following
condition. Alternate Board Member Shannon McAuliffe voted in opposition.
1. The applicant submit an application for a building permit, meeting all
requirements of the building code and fire code, and the site plan needs to
meet all requirements of the Unified Development Code.
2. The applicant submit a traffic impact analysis (TIA) in order to determine the
impact of the proposed development on adjacent roadways and adjacent
properties, as well as the location of driveways, if required by the City
Engineer.
3. The applicant provide parking at a ratio of 1 space for every 200 square feet
of building area, and the parking be striped and on a paved surface, with
adequate size and backing spaces, as required in the UDC
4. The applicant provides a landscape plan that complies with the landscaping
section of the UDC.
5. The applicant provide a masonry fence along the property lines that are
shared with single family residential uses, more specifically, along the north
and east property lines, and provide a 10 foot wide landscaped buffer along
the same property lines. The landscape buffer shall remain open and
unobstructed and cannot contain driveways or parking areas (but it can
overlay with the setback lines).
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6. All activity will be conducted inside the existing building.
7. The square footage of the existing building not be expanded beyond its
current size.
8. No additional buildings be constructed on the subject property.
9. The applicant provide for detention for stormwater, if determined necessary by
the City Engineer
10. The usage be limited to a grocery store, convenience store, grill, and meat
market, with no gasoline sales.
11. The subject property shall not have any hard liquor sales.
12. No consumption of alcohol on site.
ADJOURNMENT
Chairperson Dale Pillow adjourned the meeting at 6:21 p.m.
These minutes respectfully submitted by:
Judy Kra a�ning O ice Coordinator
Minutes approved as submitted and/or corrected on this 6th day of January, 2011 A.D.
Dale Pillow, Chairperson
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