2005-12-01 ZONING BOARD OF ADJUSTMENT REGULAR MEETING AND PUBLIC HEARING MEETING MINUTESZONING
BOARD OF ADJUSTMENT
REGULAR MEETING and PUBLIC HEARING
MINUTES
THURSDAY, DECEMBER 1, 2005
6:00 P.M.
COUNCIL CHAMBERS OF CITY HALL
3519 LIBERTY DRIVE
PEARLAND, TEXAS
CALL REGULAR MEETING TO ORDER
The Regular Meeting was called to order at 6:01 pm. with the following in
attendance:
Chairperson Dale Pillow
Board Member Marvin Elam
Board Member Willard Briley
Board Member Don Glenn
Also in attendance: Planner 1 Diana DuCroz, Deputy City Attorne
Nghiem Doan, and Planning Administrative Secretary Judy Krajca.
APPROVAL OF MINUTES: October 6, 2005
Board Member Don Glenn made the motion to approve the minutes, an
Member Willard Briley seconded. The vote was 4-0 for approval of th
minutes.
NEW BUSINESS
A. VARIANCE APPLICATION NO. 05-19
1. CALL PUBLIC HEARING TO ORDER
Chairperson Dale Pillow called the public hearing to order al
`Minimum Parking and Loading Requirements' of the Lang
Use and Urban Development Ordinance of said City, on thi
following described property, to wit:
Being Lots 3, 4, and 5 of Block 20 of the Townsite c
Pearland Subdivision, City of Pearland, Brazoria County
Texas (Located at 2402 Main St).
3. STAFF REPORT
Ms. DuCroz gave the staff report explaining the applicant i
requesting a variance to Chapter 21 'Minimum Parking an
Loading Requirements' of the Land Use Ordinance in ordE
to reduce the amount of required off-street parking for a
existing developed property. This variance is neede
because a portion of the property is being acquired by th
Texas Dept. Of Transportation (TxDOT) in order to expan
the right-of-way at the intersection of Broadway (F.M. 51E
and Main (S.H. 35), which will leave the property withOL
enough land area to meet the City's off-street parkin
requirements.
The number of off-street parking spaces required by th
Land Use Ordinance depends upon the use of the structurE
The building is currently vacant ; however, generally th
parking ratio for retail and office is one stall per 200 s.f. c
floor area. Thus, this would typically require twelve stalls.
The applicant has provided a proposed site plan showing th
future property boundaries after the TxDOT taking. On th
site plan are shown nine parking stalls. However, becaus
of future UDC requirements regarding landscaping an
setbacks, the applicant may not have room to accommodat
nine stalls. Staff recommends the approval of six stalls.
In this case, the applicant's hardship stems from TxDOT'
taking of a portion of the property in order to expan
Broadway and Main St. Because of this taking, the propert
will not be large enough to accommodate the number c
4. APPLICANT PRESENTATION
Jack McGuff, Jr. of McGuff Architects & Assoc. Spoke of
behalf of the owner, Michelle Lee. He stated that they had
revised site plan that differed from the original submitted du,
to TxDOT taking part of the parking and the propose
Unified Development Code (UDC) changes. They are nog
proposing 5 parking stalls and one handicap, for a total of si
stalls.
5. PERSONS WISHING TO SPEAK FOR OR AGAINST THE
PROPOSED REQUEST
No persons spoke for or against the request.
6. STAFF/BOARD/APPLICANT DISCUSSION
Deputy City Attorney Nghiem Doan made sever
comments. He asked if TxDOT had bought their portior
and the applicant replied that they had. Mr. Doan also aske
Planner DuCroz what the range of number of parking woul
be for all the permitted uses in this zone. Ms. DuCroz state
she did not have the answer in front of her but would chec
into this. Mr. Doan stated if the Board wanted to pass thi
variance, they should consider requiring a specific number c
parking spaces for that square footage. Discussion ensued.
Mr. McGuff commented that the property is very small. It wl
be hard to change the land use.
7. ADJOURNMENT OF PUBLIC HEARING
Chairperson Pillow closed the public hearing at 6 :15 p.m.
Board Member Marvin Elam made a motion to approve th
Variance No. 2005-19 with conditions, and Board Memb(
Don Glenn seconded the motion.
The vote was 4-0 for approval with the following condition
The Variance allowing six parking stalls, so long as th
current building never exceeds the current size of 2,343 s.f.
hese minutes respectfully submitted by:
f�-
udy Kra
Tanning Administrative Secretary
linutes approved as submitted and/or corrected on this 16th day of March, 200E
,.D.
Dale Pillo�
Chairperso