2000-04-06 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, APRIL 6, 2000, AT 6:00 PM, IN THE COUNCIL
;HAMBERS OF CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS
CALL TO ORDER
The meeting was called to order at 6:05 PM with the following present:
Acting Chairperson Suzanne Tullis
Board Member Richard Cimprich
Board Member Marvin Elam
Board Member Harold Slagle
Director of Community
Development & Services Gene Tumlinson
City Engineer John Hargrove
Secretary Mona Ann Phipps
II APPROVAL OF MINUTES - March 2, 2000
Board Member Marvin Elam stated that in the fourth paragraph of New Business A. the
word "loose" should be "lose". The minutes were approved as corrected.
III NEW BUSINESS
Acting Chairperson Suzanne Tullis explained that there are only four(4) members present
tonight and it takes four (4) positive votes to approve a variance, therefore, the applicants
have a choice to reschedule if they choose.
A. CONSIDERATION AND POSSIBLE ACTION - V00-07,
Request of Terry & Starlene Rightmen, owners, for a variance from Section 3,
Definitions, to allow an accessory building to be built 1687.50 sq ft over the allowed
30% of living area of the home, at 3657 Wingtail Way
Mr. Rightmen stated that he would like to proceed with his request. He submitted letters
from surrounding property owner stating that they do not object to the variance being
granted. He explained that he eventually plans to enclose his existing garage to be used
as a game room for his kids. Therefore, this proposed building will be used for garage
items, several trailers and his service truck that he drives for Stewart Stephenson. He
added that the building would keep the neighborhood clean by storing these items inside.
Board Member Richard Cimprich asked if Mr. Rightmen planned on working out of this
building. Mr. Rightmen stated that he has a full time job working for Stewart Stephenson
therefore, this building is for his own personal storage use only.
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Acting Chairperson Suzanne Tullis made a motion, seconded by Board Member Richard
Cimprich, to approve V00-07.
Mr. Rightmen explained that he has a 23'gooseneck trailer, a small front end loader, a 23'
camper trailer and a boat that he wants to keep out of the weather.
Board Member Harold Slagle asked if he had a trencher also. Mr. Rightmen stated that
he does have a trencher that he normally keeps at a friends house, but he brought it out
to his house to work on the drainage of his lot.
Motion failed 2 to 2.
Mr. Rightmen asked the Board if they could tell him why the variance was denied. Board
Member Harold Slagle stated that it does not meet the code. Mr. Rightmen reiterated the
fact that he intends to convert his garage into a game room, therefore, that would add
another 20' x 20' space of living area.
Board Member Don Liddle entered the meeting at 6:17 PM.
Mr. Rightmen stated that the neighbor down the street was just approved to build the same
type building to house his motor home and motorcycles. Board Member Harold Slagle
stated that the equipment concerns him. Mr. Rightmen explained that the subdivision
would not allow a business or shop to be operated. He asked what the Board would
suggest that he do to possibly get this variance approved. Board Member Marvin Elam
stated that it might help if he would close in the garage to make a game room, thereby,
enlarging his living area.
B. CONSIDERATION AND POSSIBLE ACTION - V00-08,
Request of John English of Rekha Engineering, Inc., agent for Renee West of Towne
Lake, L.P., for a variance from Section 6.4.2.(a), to allow a 20' front yard instead of
the required 25' front yard on cul-de-sac lots in Block 1, Lots 7-10, 33-36, 38-41, 44-
47, and 50-53; Block 2, Lots 29-32, 42-43, 58-61, 76-79 and 92-95; Block 3, Lots 5-8,
11-14 and 18-21; and Block 4, Lots 9-12; Towne Lake Estates (Main Street at Oiler
Drive)
Renee West of West Development, 6302 Broadway, explained that for years, they have
submitted these type of requests to Planning and Zoning with the plats. She stated that
she understands that the Board can not issue variance requests for financial hardships.
She added that this is not a financial hardship, however, that they are trying to meet the
requests of the City by having cul-de-sacs. Ms. West stated that hopefully the City will
amend this ordinance, thereby, alleviating this type of variance request.
A discussion ensued regarding attached and detached garages and the setbacks required
for each.
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Director of Community Development and Services Gene Tumlinson explained that the
ordinance is in the process of being amended to allow for 20'front yard setbacks on cul-de-
sac lots, however, until it is changed, the developers must continue to apply for variances.
City Engineer John Hargrove explained the platting process. He also explained that the
City Attorney has determined that Zoning Board of Adjustments considers variances to the
Land Use and Urban Development Ordinance and the Planning and Zoning Commission
considers variances from the Subdivision Ordinance. Mr. Hargrove stated that he has
recommended that the Land Use ordinance be changed to allow a 20' setback on cul-de-
sac lots. Therefore, he is recommending that these variance requests be approved.
Alternate Board Member Don Liddle asked if the City is encouraging the developers to
have cul-de-sacs. Mr. Hargrove stated that cul-de-sac lots are the answer to the public
request for gated communities. He added that they allow limited access.
Director of Community Development and Services Gene Tumlinson explained that
subdivision plats in the Extra Territorial Jurisdiction will continue to be approved with 20'
front yard setbacks on cul-de-sac lots. He added that the amendment to the Land Use
Ordinance should be approved in approximately sixty to ninety days.
Acting Chairperson Suzanne Tullis made a motion, seconded by Alternate Board Member
Don Liddle, to approve V00-08.
Motion failed 2 to 3.
C. CONSIDERATION AND POSSIBLE ACTION - V00-09,
Request of Ferro-Saylors, Inc.,agent for Beazer Homes of Texas, L.P.,for a variance
from Section 6.4.2.(a), to allow a 20'front yard instead of the required 25' front yard
on cul-de-sac and thumbnail lots in Block 3, Lots 6-10, 20-24, 31-34,41-45 and 48-51;
Block 4, Lots 4-8, 9-13 and 26-29; and Block 5, Lots 1-5; Villages of Edgewater
Estates, Section 5, Phase 2
Steve Gardner of Ferro-Saylors, Inc., explained that this is the final plat for the last section
of this subdivision. He stated that the preliminary plat was previously approved by the City,
therefore, construction plans were drawn and approved with 20'front yard setbacks on cul-
de-sac lots. He added that the preliminary plat that was approved, included two phases.
He explained that the first phase is already under construction. Therefore, Beazer Homes
would face an enormous expense to change the plat now.
Greg Coleman of Beazer Homes stated that it would be almost impossible for them to
make the cul-de-sac lots bigger now because they would have to realign the streets, etc..
Acting Chairperson Suzanne Tullis made a motion, seconded by Alternate Board Member
Don Liddle, to approve V00-09.
Mr. Liddle reminded the other Board members that these plans are very expensive to
prepare. He also stated that the City has set a precedence by granting these variances
in the past and by encouraging the developer to have cul-de-sac lots. He added that
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especially in this situation, it would be a terrible hardship for this developer to change this
plat.
A discussion ensued regarding deferring this request until the ordinance can be changed.
Mr. Coleman stated that they could not wait sixty to ninety days.
Motion failed 2 to 3.
D. CONSIDERATION AND POSSIBLE ACTION - V00-10,
Request of John English of Rekha Engineering, Inc., agent for Renee West of Green-
Hollow, Ltd., for a variance from Section 6.4.2.(a), to allow a 20'front yard instead of
the required 25' front yard on cul-de-sac lots in Block 1, Lots 1-12; Block 2, Lots 14
&15, Block 3, Lots 1-8 and 11-15; Block 4, Lot 3;Villa Verde, Section One, contingent
upon the zone change request to Single Family Dwelling District R-2
Renee West reiterated the fact that the developer is acting in good faith by adding cul-de-
sac lots. She added that these requests are not for financial hardship, which is her
understanding the only reasons a variance can not be approved.
Acting Chairperson Suzanne Tullis made a motion, seconded by Alternate Board Member
Don Liddle, to approve V00-10.
Motion failed 2 to 3.
E. CONSIDERATION AND POSSIBLE ACTION -V00-11,
Request of Eddie Taher of Century Engineering, Inc., agent for Renee West of Green-
Hollow, Ltd., for a variance from Section 5.4.2.(a), to allow a 20'front yard instead of
the required 25' front yard on cul-de-sac lots in Block 1, Lots 1-5; and Block 2, Lots
11-15; Villa D'Este, Section One, contingent upon the zone change request to Single
Family Dwelling District R-1
Ms. West stated that she will withdraw this request because it is the same as the previous
requests.
F. CONSIDERATION AND POSSIBLE ACTION -V00-12,
Request of Eddie Taher of Century Engineering, Inc., agent for Renee West of Green-
Hollow, Ltd., for a variance from Section 5.4.2.(c), to allow a 3' side yard instead of
the required 5' side yard in Block 1, Lot 13; and Block 2, Lot 1, Villa D'Este, Section
One,contingent upon the zone change request to Single Family Dwelling District R-1
Ms. West requested that the Board only consider the request for the 3' side yard. She
explained that these lots abut the entry where they used an additional 20' to build a berm,
masonry fences, etc.
Mr. Tumlinson stated that the 3' sideyard will be on the street side only. The other side of
the lots will maintain a 5' sideyard and 15' aggregate between homes.
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Board Member Marvin Elam made a motion, seconded by Acting Chairperson Suzanne
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Tullis to approve V00-12.
Motion passed 5 to 0.
G. DISCUSSION ITEM
IV ADJOURNMENT
The meeting adjourned at 7:17 PM.
These minutes respectfully submitted by:
Mona Ann Phipps, Secretary
Minutes approved as submitted and/or corrected the `g' day of ,/Ver , 2000.
O ,
Suz a Tullis, Acting Chairperson
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