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1998-04-02 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, APRIL 2, 1998, AT 7:00 PM, IN THE COUNCIL CHAMBERS OF CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS Chairman Calvin Collier, Jr. Vice-Chairman Gil Boyles Board Member Suzanne Tullis Board Member Marvin Elam Board Member Clyde Duplissey Director of Planning & Development Dennis Smith Chief Building Official Gene Tumlinson Secretary Mona Ann Phipps CALL TO ORDER The meeting was called to order at 7:00 PM. om- APPROVAL OF MINUTES Board Member Marvin Elam stated that on Page 2, in the fourth paragraph, the second sentence has a misspelled word. The sentence reads "She was pleased that Mr. Burns had purchased the home so that it would be maintained and the City would not "loose" it." However, the sentence should read "...the City would not "lose" it." Also, on Page 5, in the first paragraph, the word "to" is missing. The sentence should read "He explained that they are trying "to" design a more comfortable feeling project." The minutes were approved as corrected. NEW BUSINESS V98-7, REQUEST OF PHIL CONWAY OF U.S. HOME CORPORATION FOR A VARIANCE FROM SECTION 22-17(5), FOR 552 SQ FT OVER THE ALLOWED 120 SQ FT SIGNAGE, AT 10961 HIGHWAY 288 No one could be present to represent this variance, therefore, the item will be moved to the May agenda. 1 V98-8, REQUEST OF SWANELLE SPRADLEY OF SUPERIOR EXTERIORS, AGENT FOR JOSEPHINE DAVIS, FOR A VARIANCE FROM SECTION 5.4.2(a), AT 2003 CHERYL, LOT r 20 OF TURNER SUBDIVISION Nell Spradley presented photographs of several carports that are existing on the same street. She also presented a letter signed by five of her neighbors stating that they have no objections to this variance request. A discussion ensued regarding how close the carport would be to the street and if it would cause a sight obstruction. Board Member Clyde Duplissey asked Ms. Spradley if Deed Restrictions would be involved. Ms. Spradley answered that there is no active Home Owners Association as far as she and her client are aware. Director of Planning and Community Development Dennis Smith stated that staff recommends adhering to the ordinance and allowing no front yard encroachment. Vice-Chairman Gil Boyles made a motion, seconded by Board Member Clyde Duplissey, to approve V98-8. Motion passed 4 to 1. V98-9, REQUEST OF JEFF MALLETT, AGENT FOR SONIC, FOR TWO VARIANCES 1) FROM TABLE VII "GB" TO ALLOW A FREESTANDING SIGN IN "GB" ZONE; AND 2) FROM SECTION 22.4(1) FOR 10' OVER THE ALLOWED 15' FREESTANDING SIGN r HEIGHT, AT 7029 BROADWAY (PROPOSED SONIC) Chairman Calvin Collier, Jr. suggested that the two variances be considered separately. The Board agreed. Jeff Mallen explained to the Board that this proposed Sonic site is located between the new Albertson's and a two story fabricating shop. He added that Albertson's has installed a large fence along their property to the property line, therefore, blocking sight of the proposed sign. Mr. Mallet stated that his company is working with Patrick Media Group to have the existing billboard on the site removed. He also added that Sonic has introduced a new design of sign and they are requesting 25' overall height on the freestanding sign. A discussion ensued regarding the surrounding properties. Chief Building Official Gene Tumlinson stated that the Albertson's fence will be moved back to the property line. He added that anything past the front building line would have to be less than thirty-one (31) inches in height. Mr. Tumlinson also stated that the billboard is not an issue because the billboard must be removed before a building permit will be issued. A discussion ensued regarding the sign height in other areas. Board Member Clyde Duplissey asked Mr. Mallet if his company has signs in the Highway 6, First Colony area. Mr. Mallet replied that they do have signs in that area and they are lower, however, the speed limit is also lower. 2 Robert Buchanan of First Impression Sign& Design asked to speak on behalf of this variance request. He presented a photograph of the Albertson's multi-tenant sign and the Jack-in-the-Box building sign. Mr. Buchanan stated that a variance was granted for the height of the Albertson's sign. He also stated that Jack-in-the-Box had beat the ordinance because their wall sign was twenty-two (22) feet high. Director of Planning and Community Development Dennis Smith stated that the Jack-in-the-Box wall sign complies with the ordinance. He added that the building is in compliance with the maximum building height, therefore this sign needed no variance. He also stated that the sign ordinance height restriction was passed for a reason. He added that Council is wanting to restrict sign heights even more. Mr. Buchanan questioned previous variances granted for sign height. Board Member Suzanne Tullis stated that this area is new development, therefore, these businesses are not competing with surrounding businesses. She added that this will be a nice entrance to our City with a lot more development in the future. Director of Planning and Community Development Dennis Smith stated that staff recommends that the Board deny the freestanding sign. Board Member Suzanne Tullis made a motion, seconded by Vice-Chairman Gil Boyles, to deny item #1, V98-9. Motion passed 5 to 0. fVice-Chairman Gil Boyles made a motion, seconded by Board Member Suzanne Tullis, to deny item #2, V98-9. Motion passed 5 to 0. V98-10, REQUEST OF MICHAEL E. MURPHY AND BEVERLY W. RUFFIN, FOR A VARIANCE FROM SECTION 3-DEFINITIONS "ACCESSORY USE" TO ALLOW 1822.10 SQ FT OVER THE ALLOWED 30% OF LIVING AREA (2603 SQ FT OF LIVING AREA), AT 3011 PIPER ROAD, LOT 16, BLOCK 1 OF SKYWAY MANOR SUBDIVISION Mr. Murphy and Ms. Ruffm were present for the meeting. Mr. Murphy stated that they are presently building a new home in Pearland. He added that the subdivision is all one acre lots which back up to a 100' grass air strip. Mr. Murphy explained that he is requesting a variance to build such a large building because he restores motorcycles as a hobby. He added that he hopes to retire in approximately six (6) years and hopes to buy a motor home. Therefore, he wants to build the shop large enough to store the motor home also. In addition, Mr. Murphy stated that he would like to have room to do wood working after he retires. 3 A discussion ensued regarding the placement of the building on the property. Mr. Murphy stated that the building will be built approximately 180' from Piper Road. He added that his neighbor, Ernesto Martinez, has a similar size building and that several neighbors have aircraft hangers. Mr. Murphy stated that their house is the last house from the end of the street. He also added that the building will match the brick on the house as closely as possible. Ms. Ruffin stated that they purchased this property before it was annexed. She added that they are wanting to build a homesite like most of the others in the area. Board Member Suzanne Tullis explained that there is a variety of homes and mobile homes in this subdivision. She added that this home will be one of the nicest ones. She doesn't think that erecting an additional building would harm appearance of the neighborhood. Board Member Clyde Duplissey asked Mr. Murphy if he intended to use this building only for personal use. Ms. Ruffin answered by stating that this will not be a business. It will be used strictly for personal use. A discussion ensued regarding the square foot of living area of the house and the amount of square footage they are requesting a variance for. The square footage being asked for should be 1619.10 sq ft instead of 1822.10 sq ft as stated on the agenda. Vice-Chairman Gil Boyles made a motion, seconded by Board Member Clyde Duplissey, to approve V98-10. Motion passed 5 to 0. V98-11, REQUEST OF ROBERT BUCHANAN OF FIRST IMPRESSION SIGNS, AGENT FOR JAMES AND DOROTHY MEDEARIS, FOR A VARIANCE FROM SECTION 22.4.(1), FOR 6' OVER THE ALLOWED 15' HEIGHT OF A FREESTANDING SIGN, AT 1722 N. MAIN (WENDY'S) Mr. Buchanan stated that this is a $243,000.00 project on the corner of Rice Drier and Highway 35. He added that this building will only have one 12' high building sign, a neon express drive thru sign, and the freestanding sign. He stated that cars are traveling sixty (60) to sixty-five (65) miles per hour when passing this site. He added that they have approximately three (3) seconds to view the Wendy's sign, therefore, it is important for the sign to be noticeable. Mr. Buchanan stated that the site is blocked by trees which they were required to leave on the North side of the property. Board Member Suzanne Tullis stated that the First Colony area looks very nice, even the fast food restaurants. She added that people will only pass the location once; the next time they will know where it is. Director of Planning and Community Development Dennis Smith stated that the City Council has said if they wanted taller signs to be allowed, they would have written the ordinance to allow them. 4 ,Board Member Clyde Duplissey made a motion, seconded by Board Member Marvin Elam, to deny V98-11. or- Motion passed 5 to 0. ADJOURNMENT Minutes of the meeting approved and/or corrected this ‘--111 day of nevi, A.D., 1998. eovezte42, A' Calvin Collier, Jr., Board hairman ATTEST: Mona A Phipps, Board Secretary 5