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2011-01-06 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF PEARLAND, TEXAS, HELD JANUARY 6, 2011, AT 6:00 P.M., CITY HALL COUNCIL CHAMBERS, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER Chairperson Dale Pillow called the meeting to order at 6:01 p.m. with the following in attendance: Chairperson Dale Pillow Board Member David Torok Board Member Willard Briley Board Member Don Glenn Board Member David Smith (arrived at 6:11 p.m.) Alternate Board Member Jerry Acosta Also in attendance were Planner I Ian Clowes, Planning Director Lata Krishnarao, Deputy City Attorney Nghiem Doan, and Office Coordinator Judy Krajca. APPROVAL OF MINUTES Alternate Board Member Jerry Acosta made the motion to approve the December 2, 2010 minutes with corrections, and Board Member Willard Briley seconded. The vote was 5-0. The minutes of December 2, 2010 were approved. NEW BUSINESS Chairperson Dale Pillow opened a public hearing for ZBA Application No. 2011-01 at 6:03 p.m. Planner I Ian Clowes read the Public Hearing process. ZBA APPLICATION NO. 2011-01 Request of James E. Davis, applicant and owner, for a special exception permitted in Section 2.7.3.4 (b) (2) of the Unified Development Code, Ordinance No. 2000-T, a request for the reconstruction of a non -conforming structure on the following described property: Page 1 of 5 ZBA Minutes 01/06/2011 D _s© 1 FEB 2 2 2011 CITY OF PEARLAND CITY SECRETARY'S OFFICE 0.550 acre tract of land out of the A.C.H. & B.R.R. Company Survey, Being all of Lot 23A1, Block 147 Pearland, Brazoria County, Texas. (3220 Old Alvin Rd. Pearland, TX) Chairperson Dale Pillow read the purpose of the hearing. Planner I Ian Clowes read the staff report, and stated the property is zoned General Commercial (GC) and is currently occupied by a single family home. The old carport sustained damage in September 2008 from Hurricane Ike, and remained in place until October 2010, at which time it was removed and a new carport was constructed. The applicant did not pull permits for this construction. The applicant is now seeking a special exception to continue to rebuild a previously non -conforming structure. The applicant, Jim Davis of 12320 Lack Lane, Pearland Texas spoke. Larry Howard of 2244 N Austin, Pearland Texas spoke in favor, as he personally knows Mr. Davis and has been a witness to his work. Board Member David Torok asked Deputy City Attorney Nghiem Doan if staff/board was unaware of the percent of damage done, could the ZBA make a decision. Attorney Doan explained that with the concrete slab in place, the Board could consider it less than 100% damaged. Mr. Doan also explained that the one-year time frame had already passed that would allow this Special Exception to be granted. Alternate Board Member Jerry Acosta asked about the new construction being different from the old structure. Discussion ensued as the pictures presented were examined. Board Member David Smith arrived at 6:11 p.m. Chairperson Dale Pillow adjourned the public hearing for ZBA Application No. 2011-01 at 6:15 p.m. Board Member Don Glenn made the motion to approve, and Board Member David Torok seconded. The vote was 0-5. ZBA Application No. 2011-01 was denied. (Board Member David Smith abstained from voting.) Chairperson Dale Pillow opened a public hearing for ZBA Application No. 2011-02 at 6:16 p.m. ZBA APPLICATION NO. 2011-02 Request of Glenn F. Guda, applicant and owner, for a Special Exception and Variance under Section 2.4.2.8 (c) (2), of the Unified Development Code, Ordinance No. 2000-T, Page 2of5 ZBA Minutes 01/06/2011 to allow for a side yard encroachment and a reduction to the rear yard setback on the following described property: 0.130 acres of land, Lot 20, Block 2, Southdown Section Twelve, Volume 22 Pages 253-254 of the Deed Records of Brazoria County, Texas (3310 Southmere Ln. Pearland, TX) Chairperson Dale Pillow read the purpose of the hearing. Planner I Ian Clowes read the staff report stating the applicant was seeking a special exception for an existing encroachment, and a variance to allow a new structure to extend into the required rear setback. The applicant would like to build a patio cover off the rear portion of his home, over an existing slab. The applicant, Glenn Guda of 3310 Southmere Lane, Pearland Texas spoke. There was no one present to speak for or against the special exception or variance request. Board Member Willard Briley inquired where the roof line would be, and much discussion ensued with regards to the roofline, patio, current UDC and a possible change with the update of UDC T-13. Chairperson Dale Pillow adjourned the public hearing for ZBA Application No. 2011-02 at 6:23 p.m. Board Member David Torok made the motion to approve the Special Exception for the side encroachment, and Board Member Willard Briley seconded. The vote was 4-1. The Special Exception for ZBA Application No. 2011-02 was approved. Board Member David Torok made the motion to approve the Variance for the rear setback, and Board Member Don Glenn seconded. The vote was 0-5. The Variance for ZBA Application No. 2011-02 was denied. Chairperson Dale Pillow opened a public hearing for ZBA Application No. 2011-03 at 6:30 p.m. ZBA APPLICATION NO. 2011-03 Request of Weatherford US, LP, applicant and owner, for a Special Exception from Section 2.4.5.1 (c), of the Unified Development Code, Ordinance No. 2000-T, to allow for a reduction of the required 30' landscape buffer on the following described property: Page 3 of 5 ZBA Minutes 01/06/2011 44.018 acre tract in the A.C.H. & B.R.R. Company Survey, Section 2, abstract 507 & the H.T & B.R.R. Company Survey, Section 12, Abstract 508. Brazoria County, Texas. Being a portion of Lots 2, 8, 9, 10 and 11 of the L.W. Murdock Subdivision recorded in Volume 29, page 174 of the Deed Records of Brazoria County, Texas, and 1.465 acre tract in the A.C.H. & B.R.R. Company Survey, Section 2, abstract 507 being a portion of Lots 9 and 10 of the L.W. Murdock Subdivision recorded in Volume 29, page 174 of the Deeds Records of Brazoria County, Texas. (3632 S. Main St. Pearland, TX) Chairperson Dale Pillow read the purpose of the hearing. Planner I Ian Clowes read the staff report stating the applicant is seeking a special exception to allow for a reduction in the required thirty foot (30') landscape buffer required within our Corridor Overlay District (COD). The Project Manager for Weatherford, John Matranga 3413 Clearview Circle Houston Texas spoke. There was no one present to speak for or against the special exception or variance request. Planning Director Lata Krishnarao spoke of the Special Exception being approved and maintaining the existing landscaped area. Chairperson Dale Pillow adjourned the public hearing for ZBA Application No. 2011-03 at 6:38 p.m. Board Member Willard Briley made the motion to approve the Special Exception with existing landscape area to be maintained as shown on the site plan, and Board Member David Smith seconded. The vote was 5-0. The Special Exception for ZBA Application No. 2011-03 was approved with the existing landscape area to be maintained as shown on the site plan. ADJOURNMENT Chairperson Dale Pillow adjourned the meeting at 6:39 p.m. These minutes respectfully submitted by: Judy Kr jca, Pia Page 4 of 5 ZBA Minutes 01/06/2011 Minutes approved as submitted and/or corrected on this 9th day of February, 2011 A.D. Dale Pillow, Chairperson Page 5 of 5 ZBA Minutes 01/06/2011