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1998-12-10 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, DECEMBER 10, 1998, AT 6:00 PM, IN THE COUNCIL CHAMBERS OF CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, r TEXAS Board Member Gil Boyles Board Member Marvin Elam Board Member Clyde Duplissey Alternate Board Member Richard Cimprich Alternate Board Member Harold Slagle Chief Building Official Gene Tumlinson Secretary Mona Ann Phipps CALL TO ORDER The meeting was called to order at 6:05 PM. APPROVAL OF MINUTES rThe minutes were approved as submitted. NEW BUSINESS A. APPOINTMENT OF NEW CHAIRPERSON Board Member Marvin Elam made a motion to nominate Board Member Gil Boyles. Alternate Board Member Harold Slagle seconded the motion. Motion passed 5 to 0. Chief Building Official Gene Tumlinson requested that item E be moved to the top of the agenda. He explained that the persons requesting the variance had another meeting that they were trying to attend. E. V98-27, REQUEST OF RANI HUFFAKER OF STATE SIGN CORPORATION, AGENT FOR RANDALLS FOOD AND PENNINGTON-GURRY; FOR THREE VARIANCES 1) FROM SECTION 22. OVERLAY DISTRICT ORDINANCE, SIGN STANDARDS C., TO ALLOW TWO SIGNS IN THE OVERLAY DISTRICT INSTEAD OF THE ALLOWED ONE (1) SIGN; AND TWO VARIANCES FROM EXCEPTION 4, 1) TO ALLOW THREE SIGNS INSTEAD OF THE ALLOWED ONE (1) SIGN; AND 2) TO ALLOW 9'5 3/8" OVER THE ALLOWED GROUND SIGN HEIGHT; AT 2800 BROADWAY rPlanning Director Dennis Smith explained that per the City Attorney Darrin Coker the City Council will have to consider the variance request for the signs that fall in the overlay district. Ken Gurry of Pennington-Gurry stated that sign "C" can be moved outside the overlay district. Chief Building Official Gene Tumlinson stated that the allowed ground sign height on the multi-tenant sign is 15' instead of the stated 10'. Therefore, the last variance request will be 4'5 3/8" instead of the stated 9'5 3/8". Mr. Gurry explained that the words on the sign stop at 15', however, the decorative masonry on the top of the sign requires a 19' overall height. He added that the masonry on top of the sign matches the building facade and makes the sign much more attractive. Alternate Board Member Richard Cimprich asked how many tenants the shopping center will have. Mr. Gurry stated that there will be approximately fifteen to twenty tenants, howe er, only the major tenants will be listed on the multi-tenant sign. He added that the other tenants will wily have wall signs. Board Member Marvin Elam made a motion to deny the variance request on the multi-tenant sign. Board Member Clyde Duplissey seconded the motion. Motion passed 5 to 0. A discussion ensued regarding the service station sign. Rani Huffaker of State Sign Corporation explained that the state mandates the size of the gas prices shown on this type of sign, therefore, it is more difficult to alter the size of this sign. Board Member Clyde Duplissey made a motion to approve the 1' height variance on the service station sign. Alternate Board Member Harold Slagle seconded the motion. r Motion failed 3 to 2. A. V98-22, REQUEST OF CHARLIE EASON, AGENT PEARLAND MINI STORAGE JOINT VENTURE, FOR A VARIANCE FROM SECTION 14.4.3., FOR A 25' ENCROACHMENT ON THE REAR, BOTH SIDES AND FRONT YARD, AT LOT 20, SECTION 85, H.T. & B.R.R. CO. SURVEY, ABSTRACT 0304, 4.1854 ACRES ON FM 518 (g? WOOTEN ROAD Mike Pollock, co-developer, explained that they are in the process of developing plans for the mini- storage complex. Chief Building Official Gene Tumlinson stated that the City has two concerns. The first concern is the drainage of the property. He explained that with a 0' lot line, water shed would be pushed onto the next property. The other concern is the maintenance of the property with a 0' lot line. Mr. Pollock stated that the back of the property will be dedicated to detention with a 25' detention easement separating this property from the property in front of it. Bo Winston, co-developer, showed a lay out of the lots with the detention and detention easement on the overhead projector. A lengthy discussion ensued regarding this layout. Mr. Winston stated that they would be glad to amend their request to a 5' rear yard if the City would rprefer it. Chairman Gil Boyles asked Chief Building Official Gene Tumlinson if the City would feel better about granting a 20' rear yard encroachment instead of the 25' encroachment. (0' lot line) Chief Building Official Gene Tumlinson stated that a 5' rear yard would be acceptable. Chairman Gil Boyles made a motion to approve a 5' yard requirement on the West and North sides. ow Alternate Board Member Richard Cimprich seconded the motion. Motion passed 5 to 0. B. V98-24, REQUEST OF JOHN GILBERT, AGENT FOR PEARLAND ENCLAVE APARTMENTS, LTD., FOR A VARIANCE FROM SECTION 22. OVERLAY DISTRICT ORDINANCE, SIGN STANDARDS C.; TO ALLOW TWO (2) SIGNS IN THE OVERLAY DISTRICT INSTEAD OF THE ALLOWED ONE (1) SIGN; AT 2900 PEARLAND PARKWAY Chief Building Official Gene Tumlinson stated that no one is present for this request, however, he thinks that he can help them work this out to where they wouldn't need a variance. If they do need a variance, Gene added, they would need to apply to City Council because this is in the overlay district. C. V98-25, REQUEST OF JACK MCGUFF, JR. OF AIA ARCHITECTS, AGENT FOR DON CRAWFORD, OWNER, FOR A VARIANCE FROM SECTION 13.4.3., FOR A 15' REAR YARD ENCROACHMENT INTO THE REQUIRED 25', AT 5105 BROADWAY (CORNER OF BROADWAY AND LYNN DRIVE) Jack McGuff presented colored site plans of the proposed project to the Board. Mr. McGuff stated that Mr. Crawford has a contract pending with Meineke. He explained that their typical store is a six (6) bay store, however, it is possible for them to build a five (5) bay store. He added that they are requesting a 12' building line on Lynn Drive and a 15' building line on the rear of the property. A discussion ensued regarding the different yard requirements for a five or six bay store. Mr. McGuff stated that the bays are not drive-thru. Board Member Clyde Duplissey asked what type of noise this store would produce. Chief Building Official Gene Tumlinson stated that it produces minimal noise. Mr. McGuff explained that the walls will be 8" concrete block to muffle any sound. Chairman Gil Boyles made a motion, seconded by Alternate Board Member Richard Cimprich, to approve a 15' encroachment on the West side and a 10' encroachment on the North side. Motion passed 4 to 1. D. V98-26, REQUEST OF SUPREME BUILDERS, OWNERS, FOR TWO VARIANCES 1) FROM SECTION 5.2.(b), FOR A 4' REAR YARD ENCROACHMENT ON PROPOSED HOME AND SERVANTS QUARTERS; AND 2) FROM SECTION 3-DEFINITIONS "ACCESSORY USE", TO ALLOW 189.4 SQ FT OVER THE ALLOWED 30% OF PRIMARY USE (3352 SQ FT LIVING AREA) FOR SERVANTS QUARTERS, AT 2305 CHAMPION DRIVE, LOTS 2 & 3, BLOCK 2, GREEN TEE TERRACE, SECTION 7 Greg Hawk of Supreme Builders explained to the Board that there is an 80' Houston Lighting & Power easement behind this property, therefore, the rear yard encroachment would not affect any of the surrounding properties. He added that the excessive square footage of the servants quarters was due to the fact that the residents are handicapped. Board Member Clyde Duplissey made a motion to approve the 4' rear yard encroachment. Alternate Board Member Richard Cimprich seconded the motion. Alow Motion passed 4 to 1. Mr. Hawk presented the proposed construction and site plans to the Board. Board Member Marvin Elam made a motion, seconded by Alternate Board Member Harold Slagle, to approve 189.4 sq ft over the allowed 30% of living area for accessory use. Motion passed 5 to 0. F. V98-28, REQUEST OF WILLIAM E. FERGUSON, OWNER, FOR A VARIANCE FROM SECTION 3-DEFINITIONS "ACCESSORY USE" TO ALLOW 376.8' OVER THE ALLOWED 30% OF PRIMARY USE (2744 SQ FT OF LIVING AREA), AT 1621 RAYBURN, LOT 7, BLOCK 1, GEORGE W. JENKINS, W.D.C. HALL SURVEY Mr. Ferguson stated that he has a one acre lot, completely fenced. He is proposing to build a Steelmaster garage with siding to match the house. He added that he will be able to eliminate two rented storage buildings by building this garage. Board Member Marvin Elam made a motion, seconded by Board Member Clyde Duplissey, to approve V98-28. Motion passed 5 to 0. ADJOURNMENT The meeting adjourned at 7:22 PM. Minutes of the meeting approved and/or corrected this day of , A.D., 1999. C�lxin-Evlh`e�, hairman ATTEST: Mona Ann Phipps, Board Secretary