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2000-05-04 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, MAY 4, 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 6:00 PM with the following present: Chairman Gil Boyles Vice-Chairperson Suzanne Tullis Board Member Richard Cimprich Board Member Marvin Elam Board Member Harold Slagle Director of Community Development & Services Gene Tumlinson Secretary Mona Ann Phipps II APPROVAL OF MINUTES - April 6, 2000 Board Member Marvin Elam stated that the reference to Stewart Stephenson should be Stewart & Stephenson. The minutes were approved as corrected. III NEW BUSINESS A. CONSIDERATION AND POSSIBLE ACTION - V00-13, Request of Marc R. Kahanek, owner, for a variance from Section 3-Definitions, to allow a garage addition to be built 1083 square feet over the allowed 837 square feet (living area=2790 sq ft), at 2852 Piper Road, Lot 8, Block 2, Skyway Manor Marc Kahanek, 2852 Piper Road, explained that he lives across the street from the airstrip. He stated that he purchased the property from his wife's grandparents in March. He added that the only access into the home at this time is a regular garage door. Mr. Kahanek explained that they are planning to enclose the first floor of the home for more living area. Therefore, all of the lawn equipment and his wife's car will need to be stored in the proposed building. He also stated that he has two boats to store and a classic car that he hopes to restore some day. Chairman Gil Boyles stated that there are a large number of these buildings in the area. Chairman Gil Boyles made a motion, seconded by Board Member Richard Cimprich, to approve V00-13. Motion passed 4 to 1 . -1- B. CONSIDERATION AND POSSIBLE ACTION -V00-14, Request of Robert Steele, agent for W & N Enterprises, for a variance from Section 15.4.2(b),for a 20'side yard encroachment instead of the previously granted 19'side yard encroachment (V99-34), at 1710-A Mykawa, Lot 1, Block 1, W. Zychlinski subdivision Robert Steele, 2424 Golfcrest, explained that approximately seventy-one (71) feet of the slab for a new building falls within the required 6' sideyard. Board Member Marvin Elam stated that we have already granted a variance for a 19' encroachment. Mr. Steele explained that there was a miscalculation when the slab was formed. He stated that Walsh Surveying had surveyed the property again to verify where the forms are. He added that they are only looking for a variance for a few inches. He also stated that the fence is approximately eighteen (18) inches into his property line, therefore, the encroachment appears to be more than it is. Chairman Gil Boyles made a motion to table this item until Mr. Steele can provide a form survey. Vice-Chairperson Suzanne Tullis seconded the motion. Motion passed 5 to 0. C. CONSIDERATION AND POSSIBLE ACTION -V00-15, Request of Jamila Johnson of Brewer & Escalante Associates for ExxonMobil, agents for William J. Wise, Trustee, for three variances. 1) from Table VII "GB", to allow 488 square foot of signage over the allowed 170 sq ft; and 2) from Section 20.3(a)and (c) to allow 20 caliper inches of trees instead of the required 30 caliper inches of trees; and 3) from Section 20.3(b) to allow 140 shrubs instead of the required 150 shrubs, at the proposed new ExxonMobile gas station & convenience store located at the Northwest corner of Broadway Street and Cullen Boulevard 1) Jamila Johnson, 10900 Northwest Freeway, Suite 126, Houston, explained that she is working on a new development at the corner of Broadway Street and Cullen Boulevard. She stated that she realizes that the original variance request was extreme,therefore, she has worked with the client to reduce the request as much as possible. She added that instead of asking for four hundred eighty eight (488) square feet over the allowed one hundred seventy (170) square feet of signage, they are now only requesting eighty (80) square feet over. Ms. Johnson explained the proposed changes to the signs. Board Member Marvin Elam stated that the building is sign enough. Ms. Johnson explained that it is ExxonMobil's marketing strategy to promote not only the convenience stores, but also the Antone's Sandwich line, the coffee line and the carwash. She stated that they are on a corner lot, therefore, they do not want to show one street a blank wall. -2- Director of Community Development and Services Gene Tumlinson stated that the amount of signage can also be reduced by 10.9 square feet because the ATM is considered an integrated business and would be allowed thirty two (32) square feet itself. He also stated that the applicant is making an honest effort to comply with the ordinance. A discussion ensued regarding removing more signage from the store. Vice-Chairperson Suzanne Tullis made a motion, seconded by Board Member Harold Slagle, to approve variance 1 of V00-15. Motion passed 4 to 1. 2) Ms. Johnson explained that the photographs submitted to the Board are of a new store they built in Houston. She stated that these photos reflect the average landscape that Exxon installs. She added that they also include very nice flower beds with seasonal flowers. She also added that possibly the flower beds could replace the requirement for additional trees and shrubs. Director of Community Development and Services Gene Tumlinson stated that the landscaping is typically used to shield the parking lot from a major thoroughfare. He explained that the area open for landscaping is minimal. He added that Staff recommends approval because they feel that the landscaping is adequate for this development. Ms. Johnson stated that they would provide the appropriate size of shrub, however, they are requesting to have less than the required. Vice-Chairperson Suzanne Tullis made a motion, seconded by Board Member Richard Cimprich, to approve variance 3 of V00-15 to allow 20 caliper inches of trees instead of the required 30 caliper inches. Motion passed 4 to 1. 3) Vice-Chairperson Suzanne Tullis made a motion, seconded by Board Member Harold Slagle, to approve variance 2 of V00-15 to allow 140 shrubs instead of the required 150. Motion passed 4 to 1. D. CONSIDERATION AND POSSIBLE ACTION -V00-16, Request of Roy Harper of AlA&Associates, Inc.,agent for Premiercare Senior Living of Pearland, for a variance from Section 19.7 and Table VI(2)(h) to allow 42 parking spaces instead of the required 110 parking spaces, on a proposed assisted living project on Pearland Parkway at Mary's Creek Bob Lewis, 2905 Country Club Drive, explained that this variance request relates to a joint venture with First Baptist Church. He stated that the Land Use Ordinance requires a minimum of two (2) parking spaces per unit for apartments, however, page 7 of the literature that he submitted to the Board states lower traffic findings for this type of use. -3- He added that most residents do not drive and normally these facilities have a van or bus for transportation. He also added that reducing the number of parking spaces will reduce the cost and allow them to increase the square footage of the building. A lengthy discussion ensued regarding how many beds and occupants will be in the facility. Also discussed was how many staff parking spaces would be needed. Mr. Lewis presented a letter from First Baptist Church stating that the assisted living facility would have permanent access to nine hundred (900) parking spaces being built by the church. Director of Community Development and Services Gene Tumlinson stated that there is a grey area in the Land Use Ordinance between apartments and convalescent homes because an assisted living project does not really fit into either category. Board Member Richard Cimprich explained that some residents in an assisted living project will drive and be very active. A discussion ensued regarding current parking needs and a possible addition to this development in the future. Director of Community Development and Services Gene Tumlinson stated that they would be required to meet the parking requirements of any additions made. Vice-Chairperson Suzanne Tullis made a motion to consider this a boarding or rooming house and to allow 52 parking spaces instead of 57.2 parking spaces required for apartments. Board Member Harold Slagle seconded the motion. Motion passed 4 to 1. E. DISCUSSION ITEM IV ADJOURNMENT The meeting adjourned at 7:12 PM. These minutes respectfully submitted by: Mona Ann Phipps, Secretary Minutes approved as submitted and/or corrected this day of , 2000. ,.► Gil Boyles, Chairman -4-