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.
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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.
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�- 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
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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.
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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.
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Suza9 Tullis, Vice-Chairperson
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