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1998-02-05 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTES MINUTES - REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENTS OF THE CITY OF PEARLAND, TEXAS, HELD ON THURSDAY, FEBRUARY 5, 1998, A 7:00 PM, IN THE COUNCIL CHAMBERS OF CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS Board Member Gil Boyles Board Member Calvin Collier Board Member Marvin Elam Board Member Suzanne Tullis Alternate Board Member Harold Slagle Chief Building Official Gene Tumlinson Secretary Mona Ann Phipps CALL TO ORDER The meeting was called to order at 7:05 PM. ow- APPROVAL OF MINUTES Board Member Calvin Collier, Jr., stated that the last sentence of the first page was incorrect. The sentence reads "Mr. Hill stated that they do not have a problem with it; however, are were concerned with the City ordinance." The sentence should read "Mr. Hill stated that they do not have a problem with it; however, they were concerned with the City ordinance." The minutes were approved as corrected. NEW BUSINESS Board Member Marvin Elam made a motion to change the order of the agenda to allow agenda item "F. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN POSITIONS" to be considered as the first item. Board Member Suzanne Tullis seconded the motion. Board Member Marvin Elam nominated Board Member Calvin Collier, Jr. as Chairman. Nomination passed 4 to 1 abstention. Board Member Suzanne Tullis nominated Board Member Gil Boyles as Vice-Chairman. Nomination passed 4 to 1 abstention. 1 V98-2, REQUEST OF JAMES BURNS AND MIKE CAPRA, OWNERS OF MICROWAVES UNLIMITED, FOR A VARIANCE FROM SECTION 20.1(2) FACADE, TO ALLOW CIIANGE OF OCCUPANCY WITHOUT MEETING THE FACADE REQUIREMENTS AT 2327 N. MAIN, LOTS 11-17, BLOCK 12 OF OLD PEARLAND TOWNSITE Mr. Burns and Mr. Capra were present for the meeting. Mr. Burns explained that they wish to paint the exterior of the home instead of installing brick or stucco to meet the facade requirements. He also added that the Historical Society and the Mayor and others in the City want to see the building preserved as is. Mr. Capra added that professional painters have told them that painting the siding should seal the asbestos. Director of Planning and Community Development Dennis Smith stated that the Federal Government and the EPA recognizes encapsulation as a way to ensure against erosion of asbestos type material. He added that the Historical Society is in favor of the exterior being painted as they addressed in the last meeting. Mr. Smith stated that the staff recommends the variance be approved. Mr. Capra stated that by early Spring, they will have the trees trimmed and the yard cleaned up. He added that they will also remove the buildings in the rear of the house. Mayor Pro-Tern Helen Beckman spoke to the Board regarding this variance request. She stated that she is Mr. Burn's neighbor. She was pleased that Mr. Burns had purchased the home so that it would be maintained and the City would not to $se it. Mrs. Beckman added that she understands the Boards concern about the asbestos siding, however, she feels that painting is the best way to preserve the siding and prevent asbestos dust. Mrs. Beckman stated that she strongly urges the Boarc: to grant this Ow variance. Board Member Suzanne Tullis made a motion, seconded by Vice-Chairman Gil Boyles, to approve V98- Motion passed 5 to 0. V98-3, REQUEST OF RUDOLPH AND RANDY MARTINEZ, OWNERS, FOR TWO VARIANCES 1) FROM SECTION 19.5.1., TO ALLOW CRUSHED ASPHALT PARKING LOT INSTEAD OF THE REQUIRED REINFORCED CONCRETE OR ASPHALTIC CONCRETE; AND 2) FROM SECTION 20.1.(2), FACADE, AT 6909-6915 BROADWAY, LOT 23, SECTION 8 OF SUBURBAN GARDENS SUBDIVISION Cindy Martinez, wife of Randy Martinez, stated that their business was established approximately ten (10) years ago. She added that the property is always well maintained. She explained that the building is a cedar building with a tin roof. Mrs. Martinez stated that this is not your typical brick office building; brick would change the original look of the building. Mary Martinez, wife of Rudolph Martinez, stated that they own the building and Rudy's Carpet. She reiterated that the building is always well maintained. She added that they are very aware that this area is one of the main entrances to the City and they want it to look nice. Mrs. Martinez stated that they �. 2 have made the necessary improvements for handicap requirements. However, she added that this is a country style building and the Facade would be contrary to the style of the building. Mrs. Martinez �` stated that having to asphalt the parking lot would be a great hardship because they run a very small business and lease to three other small businesses. She added that they have always kept these other suites rented and that they are very particular about their renters. Mrs. Martinez explained that keeping their business simple allows them to keep small businesses in business. She added that they keep their rent low and don't require long term leases, such as the new Albertson's lease spaces. Vice-Chairman Gil Boyles asked what triggered the variance. Chief Building Official Gene Tumlinson stated that one of the suites is changing occupancy, therefore, they are required to meet the Facade and parking requirements. He added that they have worked very diligently to comply with the City. He explained that they have already built the handicap ramp and brought the bathrooms into compliance with ADA requirements. Board Member Marvin Elam asked if the area at the end of the handicap ramp would be asphalt. Mrs. Randy Martinez stated that they were told that they could just asphalt that area. Board Member Suzanne Tullis asked if the variance were granted would it remain with the property forever. Chief Building Official Gene Tumlinson answered that he would check with City Attorney, Amy McCullough in the morning, but it was his understanding that the variance remains with the property. Board Member Suzanne Tullis stated that her concern with granting the variance is that new businesses moving into the area would have to meet Facade and parking requirements, however this business would remain as is. Mrs. Rudy Martinez stated that there are several surrounding businesses that do not have asphalt driveways or the correct Facade. She explained that Albritton Soil Yard, directly across FM 518 from her, and the used car lot just East of her property, both had a change of occupancy but did not meet the parking requirements. She also stated that Albritton Soil Yard offices out of a boxcar. Mrs. Martinez added that there are several businesses with shell driveways and the buildings are not as well kept as theirs. Mrs. Randy Martinez added that the cost of meeting the Facade and resurfacing the driveway and parking lot is a hardship that would almost put them and their renters out of business. Director of Planning and Community Development Dennis Smith stated that as long the building is well maintained the Facade is probably acceptable. However, if the building reaches a stage of disrepair it would fall under the unsafe building code and would be handled by the Fire Marshal, Health Inspector, etc. Mr. Smith stated that paving the parking area would finish off the development and be an added value. He also added that from a handicap access standpoint, it would be much more accessible with a solid asphalt parking area rather than crushed asphalt. Mr. Smith stated that a time frame could be placed on the variance to allow them to complete the parking area. 3 A discussion ensued regarding the time span of a variance. ow Board Member Suzanne Tullis asked the Martinez's if they had obtained estimates to asphalt the driveway and parking lot. Mrs. Rudy Martinez stated that they had an estimate of $8,000.00 to $10,000.00 approximately two years ago. Board Member Marvin Elam made a motion to approve the variance for the Facade anu allow six (6) months to asphalt overlay the drive and parking area. Board Member Suzanne Tullis seconded the motion. Vice-Chairman Gil Boyles stated that they should be allowed at least one year, maybe two to asphalt the parking area. Board Member Marvin Elam amended his motion to allow one (1) year to asphalt the drive and parking area. Mr. Randy Martinez asked the Board to allow them to comply only with the parking area in front of the suite that is changing occupancy. And eventually, as the occupancies change, they would come into complete compliance. Board Member Marvin Elam stated that finances are not considered a hardship for variances. Motion to approve Facade variance and allow one (1) year to comply with parking lot requirement passed 4 to 1 abstention. rte► V98-4, REQUEST OF JOHN L. GILBERT, AGENT, FOR TWO VARIANCES 1) FROM TABLE VI (1)(c), TO ALLOW 432 PARKING SPACES INSTEAD OF THE REQUIRED 504 PARKING SPACES (72 LESS PARKING SPACES THAN REQUIRED) AND 2) FROM SECTION 9.4.d., TO ALLOW 2,222 SQUARE FEET PER UNIT INSTEAD OF THE REQUIRED 2,750 SQUARE FEET (528 SQ FT PER UNIT LESS THAN REQUIRED); ON A 12.24 ACRE TRACT OUT OF THE THOMAS J. GREEN SURVEY, ABSTRACT 198 (THE ENCLAVE AT MARY'S CREEK APARTMENTS ON PEARLAND PARKWAY) Director of Planning and Community Development Dennis Smith explained that this is the property located on the southwest side of Pearland Parkway that was cleared a few months ago. He stated that the Baptist Church owns the property on the East side of this. He added that the Bomasada Group is proposing an apartment complex for the site. Mr. Smith stated that this group has had quite an adventure with the project location because of changes to the FEMA flood maps. He added that the complex will be three story sprinkled buildings that will cover less than the 40% maximum of the total site area allowed by ordinance. He explained that based on recent studies on three (3) bedroom apartments, less parking is required than our ordinance calls for. He also added that they have less land coverage and more green spaces on this project. Mr. Smith stated that staff recommends approval of this variance request. 4 Paul Henry, Architect for Bomasada Group showed a colored site plan of the proposed complex. He explained that they are tryinglesign a more comfortable feeling project. He added that they want to avoid excessive seas of concrete. Therefore, he has added green areas to break up the parking lots. Mr. Henry stated that the City of Pearland parking ordinance requirements is in excess of most projects. Chairman Calvin Collier, Jr. asked what places our ordinance is in excess of. Mr. Henry explained that they have projects all over Houston, San Antonio, one in Friendswood and in Webster also. Mr. Henry stated that studies show in a one bedroom apartment, it is primarily a single person or young couple with one car; In a two bedroom apartment about fifty percent of occupants are roommates in which case you would have two cars. He added that the other fifty percent of two bedroom apartments are occupied by couples with a small child and only one car. Mr. Henry explained that three bedroom apartments are primarily occupied by families. He stated that studies have found that with some people working during the day and others working at night, the parking is normally eighty-five percent full at peak times on most projects (using 1.8% or 1.7% parking ratio per unit). He added that the City of Houston is looking at lowering parking requirements on intercity projects because they have found that parking spaces per unit have gone down to approximately 1.3 to 1.4 parking spaces per unit. Board Member Marvin Elam stated that the lower parking requirements in Houston is due to public transportation in Houston but not here in Pearland. He added that it is very difficult to find a parking place when he visits his daughter at her apartment complex especially on Sunday. Board Member Suzanne Tullis asked Chief Building Official Gene Tumlinson about the number of parking spaces per unit required by our ordinance. Mr. Henry stated that they are proposing 120 one bedroom apartments, 96 two bedroom apartments and 24 three bedroom apartments. Alternate Board Member Harold Slagle asked Mr. Henry how many apartment units he gained by providing less parking spaces. Mr. Henry stated that they did not gain any units but they added more green space and opened up the project more. He added that they tried a two to one ratio but it had very little open spaces anti wasn't very homie feeling. Director of Planning and Community Development Dennis Smith stated that the City is doing an overlay district for the Pearland Parkway area. He added that this triggered the additional green areas and landscaping for Pearland Parkway. Alternate Board Member Harold Slagle stated that the parking requirements could have been met with the amount of land available. Mr. Henry explained that the project became very tight, very rigid, almost army like. Director of Planning and Community Development Dennis Smith stated that per Drainage District — regulations, the area near the creek is basically not buildable land. 5 Alternate Board Member Harold Slagle stated that he does not understand why they should not meet the parking requirements. He added that all he sees when he looks at the project is all those structures st"'' and the concrete doesn't bother him at all. Vice-Chairman Gil Boyles explained that Mr. Henry is trying to get the aesthetics of what the City wants for our area. He added that they are trying to get away from the typical look of an apartment complex. Director of Planning and Community Development Dennis Smith explained that when we apply the overlay district, landscape ordinance and drainage district requirements this is much more favorable to the City Council and the City Manager for what we want for Pearland Parkway as opposed to the stereo-typical apartment complex. Vice-Chairman Gil Boyles made a motion, seconded by Board Member Suzanne Tullis, to approve V98- 4. Motion failed 3 to 2. V98-5, REQUEST OF ALFONSO & ELIZABETH MENDOZA, OWNERS, FOR VARIANCE FROM SECTION 6.4.2.(b), FOR A 4'6" ENCROACHMENT INTO THE REQUIRED 20' REAR YARD, AT 2415 EVERGREEN, LOT 8, BLOCK 2, OF DIXIE WOODS SUBDIVISION Alfonso and Elizabeth Mendoza were present for the meeting. Mrs. Mendoza explained that they had to build a one story home because of her health, therefore, more of the lot is covered by house. She stated that they are wanting to cover the existing patio. Mrs. Martinez provided letters from the Hcme Owners Association and surrounding neighbors approving the patio cover. Mrs. Mendoza presented photographs of the proposed patio cover on another site. A discussion ensued regarding the placement of the posts on the patio to possibly alleviate the need for a variance. Vice-Chairman Gil Boyles asked Chief Building Official Gene Tumlinson about the strength of the slab to support the patio cover. Mr. Tumlinson stated that they have provided a letter showing that they have beefed up the slab. Board Member Marvin Elam made a motion, seconded by Alternate Board Member Harold Sagle, to approve V98-5. Motion passed 5 to 0. V98-6, REQUEST OF R. WEST DEVELOPMENT CO., INC., FOR A VARIANCE FROM SECTION 7.4.2.(b), FOR A 2' ENCROACHMENT INTO THE REQUIRED 20' REAR YARD SETBACK, AT 1417 PINE FOREST DRIVE, LOT 40, BLOCK 4, OF PINE HOLLOW, SECTION 1-C 6 Rick Gadd of West Development explained that they developed Pine Hollow and sold lots to Brighton and Hammonds Homes. He stated that on this particular lot Brighton Homes has the forms set and the are ready to pour the foundation. He added that the City inspector realized that the forms are encroaching approximately two feet into the required 20' rear yard. Mr. Gadd explained that the zoning in Pine Hollow is split between R-3 in the back and R-4 in the front of the subdivision. He added that they have had a hard time distinguishing between the two zones. Chief Building Official Gene Tumlinson stated that the forms are set and the ground plumbing is in. He explained that the Building Inspector noticed the encroachment while performing a plumbing ground inspection. Board Member Marvin Elam stated that no forms were set when he and Mr. Slagle visited the property on Sunday. Alternate Board Member Harold Slagle asked why they could not tear out the forms since the foundation has not been poured. Chief Building Official Gene Tumlinson stated that Don Guynes, the previous Chief Building Official, had inadvertently labeled a map with the zones reversed. Therefore, the house was permitted incorrectly. Mr. Tumlinson added that the house is sold and removing two foot of the house would obviously cause a problem with the buyer. Alternate Board Member Harold Slagle asked why this home could not be built on another lot. r Rick Gadd explained that the buyers choose a specific plan and a specific lot to build on. Mr. Gadd reiterated that several mistakes were made and had everything been processed properly there would be no need for a variance. Mr. Gadd showed a drawing of Pine Hollow where he had divided the zones more clearly. He explained that they should not have anymore problems of this nature because the zones are now clearly defined. Alternate Board Member Suzanne Tullis made a motion, seconded by Vice-Chairman Gil Boyles, to approve V98-6. Motion failed 3 to 2. ADJOURNMENT The meeting adjourned at 8:18 P.M. Minutes of the meeting approved and/or corrected this o'\ day of , A.D., 1998. a/v-(4 O.4J - Calvin Collier, Jr., Board Chairman ATT T: 7 rMona Phipps, Board Secretary