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1999-09-02 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTES MINUTES - REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENTS OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON THURSDAY, SEPTEMBER 2, 1999, AT 6:00 PM IN THE COUNCIL CHAMBERS OF CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER The meeting was called to order with the following present: Alternate Board Member Suzanne Tullis Board Member Marvin Elam Board Member Harold Slagle Board Member Richard Cimprich Chief Building Official Gene Tumlinson Secretary Mona Ann Phipps NEW BUSINESS A. CONSIDERATION AND POSSIBLE ACTION - V99-28, Request of Robert Steele, agent for W & N Enterprise, for a variance from Section 15.4.2.(b), for a 19' encroachment into the required 25' side yard, at 1710-A Mykawa Road ,__ Robert Steele,2424 Golfcrest Drive,explained that he needs this variance in order to expand his existing facility into the required 25'sideyard. He stated that the lot just North of this has a holding pond 100' off of his property line. He added that he does not feel that the North property will ever be built on. A lengthy discussion ensued regarding the site plan and where MTI is located on the next property. Chief Building Official Gene Tumlinson reiterated the fact that the property next to him, will probably never be built on because of the large detention pond. He also stated that a firewall could be a requirement of the variance. Mr. Steele explained that he was presented with an opportunity to purchase two machines that very rarely come available. He added that he needs this addition to house these machines. A discussion ensued regarding other places that Mr. Steele could place these machines. Mr. Steele stated that he has no more room inside a building for these machines and they can not be stored outside. He added that his company tax base went from$12,000.00 to$56,000.00 in one year. He stated that his tax base will continue to increase with this new equipment and addition. Vice-Chairperson Suzanne Tullis made a motion, seconded by Board Member Richard Cimprich, to approve V99-28. -1- Motion failed 3 to 1. B. CONSIDERATION AND POSSIBLE ACTION-V99-29,Request of Charles Starbuck of Best Portable Buildings, agent for Angela Burkett and Ann Shiver, for a variance from Section 15.4.2(b) for a 5' encroachment into the required 25' side yard, at 2710 S. Main Ann Starbuck, 9302 Puritan Way,Rosharon,stated that she is representing Angela Burkett. She explained that they are proposing to build a 20'x 30'portable building for office space. She added that they are asking for a 5' encroachment into both side yards. Vice-Chairperson Suzanne Tullis stated that she spoke with the adjoining property owner, Gary Shiver. She also stated that Mr. Shiver is opposed to this variance being granted. Ann Starbuck explained that she ordered custom trusses and windows for the building after she received the permit. She stated that the 25'side yard requirement was only noted on one side of the property. She explained that she was not aware that there was 25' side yards on both side until she called the Plans Examiner. Ann Shiver, 3405 Warren Road, Pearland, explained that Gary Shiver is her ex-brother-in- law. She added that the existing building is too close to Highway 35. The new building will be much nicer. Vice-Chairperson Suzanne Tullis suggested that Ms. Shiver get a letter from Gary Shiver stating that he does not oppose the variance request. Board Member Marvin Elam made a motion, seconded by Board Member Harold Slagle,to table V99-29. Motion passed 4 to 0. C. CONSIDERATION AND POSSIBLE ACTION - V99-30, Request of Terry Kirksey, owner,for a variance from Section 6.4.2.(c),for a 5' encroachment into the required 5' side yard, at 2906 Veva Drive, Lot 3, Block 2, Willowick II Terry Kirksey presented several pictures of the existing porch. He explained that he is requesting this variance for a shade cover. He stated that he is 95% finished with the construction of the cover. Mr.Kirksey also presented letters from neighbors stating that they are not opposed to this variance being granted. He explained that there are many of these type of structures throughout Willowick I and II. Board Member Marvin Elam stated that approving this variance request would set a precedence for surrounding property owners. -2- �- Board Member Marvin Elam made a motion to deny V99-30. Motion failed due to lack of second. Vice-Chairperson Suzanne Tullis made a motion,seconded by Board Member Harold Slagle to approve V99-30. Motion failed 3 to 1. D. CONSIDERATION AND POSSIBLE ACTION - V99-31, Request of Kaufman- Broad, for a variance from Section 6.4.2.(a), for a 7" encroachment into the 20' front building line, at 1702 Baden Oaks Drive, Lot 19, Block 1, Oakbrook Estates, Section 4 Chief Building Official Gene Tumlinson stated that they have tried to relocate the house to eliminate the need for a variance,however,the front of the house is still encroaching seven inches. Board Member Marvin Elam made a motion,seconded by Board Member Harold Slagle,to approve V99-31. Motion passed 4 to 0. 41111. E. CONSIDERATION AND POSSIBLE ACTION - V99-32, Request of Jean Pierre Baizan,agent for Gabriel Baizan,for two variances 1)from Section 16.3, 15.4.2.(a),for a 16'encroachment into the required 35'front yard and 2)from Section 16.3,15.4.2.(b), for a 21' encroachment into the 25' side yard, at 1904 Mykawa Road Jean Pierre Baizan presented an overhead photo of the existing facility and an autocad drawing of the proposed addition. He explained that they are requesting a 5' front yard encroachment instead of the stated 16'. He added that they have operated their business here for twenty-two years and would like to remain in Pearland if they can expand. He explained the proposed addition and future plans for the company. He also explained safety reasons for the layout of the proposed expansion. Mr. Biazan stated that they are requesting a 17'side yard encroachment instead of the stated 21'. He stated that they have considered the visible triangle for truck safety. Vice-Chairperson Suzanne Tullis asked if there will be firewalls between the buildings. Mr. Biazan stated that there are existing firewalls and the expansion will include firewalls and sprinklers. Board Member Richard Cimprich asked if any of the items they handle are considered hazardous. -3- Mr. Baizan stated that they are hazardous items such as grocery products, charcoal, etc.. Billye Everett of the Pearland/Hobby Area Chamber of Commerce stated that Packaging Services has been in business in Pearland for a long time. She explained that they were named "Business of the Year" last year. She stated that retaining this business is very important. Board Member Marvin Elam made a motion,seconded by Vice-Chairperson Suzanne Tullis to approve V99-32. Motion passed 4 to 0. F. DISCUSSION ITEM Bob Connevey of the Willowick II Homeowners Association discussed deed restriction and City ordinance violations with the Board. Board Member Marvin Elam suggested that he purchase a Land Use and Urban Development Ordinance Book. ADJOURNMENT The meeting adjourned at 7:27 PM. These minutes respectfully submitted by: Mona Ann Phipps, Secretary Minutes approved as submitted and/or corrected this day of 1999. ''/ C-- Suza9 Tullis, Vice-Chairperson -4-