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2000-09-07 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, SEPTEMBER 7, 2000, 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 at 6:00 PM with the following present: Chairperson Gil Bo.,4e Vice-Chairperson Suzanne Tullis Board Member Richard Cimprich Board Member Marvin Elam Board Member Harold Slagle Director of Community Development & Services Gene Tumlinson Director of Administrative Support Tobin Maples City Engineer John Hargrove City Attorney Darrin Coker Secretary Mona Ann Phipps II APPROVAL OF MINUTES -July 6, 2000 and August 3, 2000 Vice-Chairperson Suzanne Tullis made a motion to approve the minutes as submitted. Board Member Richard Cimprich seconded the motion. Motion passed 5 to 0. II NEW BUSINESS D. CONSIDERATION AND POSSIBLE ACTION -V00-25, Request of Mike Doyle of Development Consultants, Inc., agent for Centex Homes, for a variance from Section 8.4.2.(a)Yard (setback) requirements,for all lots in River Mist, Section 2 (tabled at the August 3, 2000 meeting) Mike Doyle, 11000 Southwest Freeway, Houston, explained that River Mist, Section 1 was granted a variance, approved and built with 20' front yard setbacks. He stated that the preliminary plat of River Mist, Section 2 was submitted and approved in May with 20'front yard setbacks. He added that once Section 2 was under construction, they were told they would have to come before the Zoning Board of Adjustments for a variance. Mr. Doyle explained that they are requesting to maintain consistency with Section 1. He stated that they have also developed the product for these lots using a 20' front yard setback. He added that sixty-six percent of the product will need variances if they are required to provide the 25' front yard setback. -1- City Attorney Darrin Coker explained that the ordinance has not changed on the 25' front yard setback requirement, however, Planning and Zoning granted the variance on the first section. City Attorney John Hargrove stated that this subdivision was thought to be an R-4 zoned development until just recently. Mr. Coker explained that the reason for the discrepancy was that the original zoning application was for R-4, however, it was changed to an R-3 at the first reading per City Council request. He stated that when they did apply for the variance on the first section it was considered and approved by Planning and Zoning and noted on the plat. A lengthy discussion ensued regarding other options for this development. Director of Community Development and Services Gene Tumlinson stated that the utilities and the streets are currently under construction on this section. City Engineer John Hargrove explained that the Subdivision Ordinance requires a 25'front building line, therefore, the Planning and Zoning acted in good faith when they granted the variance on the first section. Chairperson Gil Boyles made a motion, seconded by Vice-Chairperson Suzanne Tullis, to approve V00-25. Motion failed 3 to 2. G. CONSIDERATION AND POSSIBLE ACTION -V00-28, Request of Ken Caffey, agent for Amvest Properties, Inc., for a variance from Section 8.4.2(a), to allow 10' side yard setbacks instead of the required 20' sideyard setback on corners lots in an R-3 zone, on Lot 6 of Block 1; Lots 1, 10, 11, 17, 18, 23, 30, 31, 38, 39 and 46 of Block 2; Lots 1, 12 and 19 of Block 3; Lots 1, 8, 9 and 16 of Block 4; and Lots 21, 28, 29, 40, 41 and 55 of Block 5, Sunrise Lake, Section 4 Ken Caffey, Deer Park, explained that this is a part of an 87.6 acre tract of land. He stated that this is the fourth section of the Sunrise Lake subdivision. He stated that the property was zoned R-3 in November, 1999. He added that after a development meeting with City staff, the engineer began designing the plans. Mr. Caffey explained that after the design work was done, the ordinance was changed on June 26, 2000. He stated that the side load garages are the reason Council has changed the side yard setback requirement to 20'. He added that there will be not side load garages in this section if they are granted the 10' side yard setback. Director of Community Development and Services Gene Tumlinson explained that the 20' requirement was to keep vehicles from blocking the sidewalks and also to give a more open appearance to the subdivision. -2- Ken Caffey stated that they do not want any dangerous conditions, therefore, they are requesting to do the same as the other sections of this subdivision and place all front load garages on these corner lots. Vice-Chairperson Suzanne Tullis made a motion, seconded by Board Member Richard Cimprich, to approve V00-28 contingent upon payment for the variance requests. Motion passed 5 to 0. L. CONSIDERATION AND POSSIBLE ACTION - V00-33, Request of Omar Escobar of LJA Engineering and Surveying, Inc., agent for Victor Botrie of Donmar Developments, L.L.C., for a variance from Section 8.4.(2)(a), to allow 10' sideyard setbacks instead of the required 20' sideyard setback on corner lots in an R-3 zone, on Lots 1, 3 and 17 of Block 2; and Lots 14 and 15 of Block 3, Park Village Estates, Section 2 Javier Casas, 2929 Briar Park, Houston, stated that this request is similar to the last item. He explained that the construction drawings were significantly finished before they were told that they needed a variance. He stated that they are wanting to develop this section the same as Section 1 . He added that a plat note will not allow side load garages. Vice-Chairperson Suzanne Tullis made a motion, seconded by Board Member Richard Cimprich, to approve V00-33. Motion passed 5 to 0. A. CONSIDERATION AND POSSIBLE ACTION - V00-19, Request of Don Long of Pulte Homes, to revoke this variance granted on July 6, 2000, for an encroachment into the required 25' distance between driveway turning radius and street intersection curb return, on Lot 19, Block 4, Sunrise Lake, Section 2, 2702 Sunhill Court B. CONSIDERATION AND POSSIBLE ACTION - V00-20, Request of Don Long of Pulte Homes, to revoke this variance granted on July 6, 2000, for an encroachment into the required 25' distance between driveway turning radius and street intersection curb return, on Lot 6, Block 4, Sunrise Lake, Section 2, 9709 Sunny Coast C. CONSIDERATION AND POSSIBLE ACTION - V00-21, Request of Don Long of Pulte Homes, to revoke this variance granted on July 6, 2000, for an encroachment into the required 25' distance between driveway turning radius and street intersection curb return, on Lot 1, Block 4, Sunrise Lake, Section 2, 2702 Sunny Creek Lane -3- Director of Community Development and Services Gene Tumlinson explained that variances V00-19,V00-20 and V00-21 were granted previously, however, it has since been determined that these variances are not necessary, He stated that there was an error made by the surveyor that made them think that a variance was needed. Therefore, staff is requesting that these variances be revoked. Vice-Chairperson Suzanne Tullis made a motion, seconded by Board Member Richard Cimprich, to revoke variances V00-19, V00-20 and V00-21. Motion passed 4 to 1. E. CONSIDERATION AND POSSIBLE ACTION - V00-26, Request of Alley Construction, agent for Rebecca and Ronnie Acosta,for a variance from Section 22.6 Building Facades, to allow the East and West side of a hexagon shaped building to remain corrugated 26 gauge metal instead of the required masonry or glass, at 3421 Walnut (The School Zone Daycare) Everett Alley, 2601 McLean Road, explained that underthe previous ordinance in January, 2000, the facade was required to be masonry, glass or architectural metal. He stated that the plans were drawn, reviewed and approved as such. Director of Community Development and Services Gene Tumlinson explained that this is a hexagon shaped building, therefore, everything showing from the street should be glass or brick. He also expressed concern that architectural metal requires hidden fasteners and these are exposed. Mr. Alley submitted a set of approved construction plans for the Board to view. Chairperson Gil Boyles made a motion, seconded by Board Member Richard Cimprich, to approve V00-26. Motion passed 5 to 0. F. CONSIDERATION AND POSSIBLE ACTION - V00-27, Request of Gartner Interests,for a variance from Section 24.4(4) Height Restrictions, to allow a sign to be 7' taller than the allowed 8' height, at 1231 Broadway (Nations Rent) Greg Dugat of Gartner Interests explained that this building previously had a 15' freestanding sign. He stated that their company has now become part of NationsRent, therefore, they are changing the sign. He added that the ordinance has now changed to only allow an 8' sign. Mr. Dugat explained that they have installed a smaller sign than they previously had, however, it is hidden by the landscaping. -4- Director of Community Development and Services Gene Tumlinson explained that the previous ordinance allowed a 15' sign. However, now under Table VII "Commercial" on page 142, they are only allowed a building sign and a ground sign. He added that under the definition of ground sign it states that it can only be 8' tall. Mr. Dugat stated that they are not grandfathered because they removed the original sign, however, he added that it would be in the best interest of the City to keep a more attractive appearance with the existing landscaping. He added that it is difficult to see the business from the Friendswood side because of the overgrown lot next to them. Vice-Chairperson Suzanne Tullis stated that the sign is placed too far back on the side street. She explained that they should bring the fence back and place the sign on the corner. Vice-Chairperson Suzanne Tullis made a motion, seconded by Board Member Marvin Elam, to deny V00-27. Motion passed 5 to 0. H. CONSIDERATION AND POSSIBLE ACTION - V00-29, Request of Active Sign and Designs, agent for Jay Javadi, for a variance from Table VII - GB, to allow 20.08 square feet over the allowed signage, at 2520 Broadway Street (Air-Sea Travel) Jay Javadi, owner, explained that this suite was previously occupied by an insurance company with a sign on the facia and the multi-tenant sign. He stated that the new sign has already been made for this business. A discussion ensued regarding other options to allow the sign that has already been made. Board Member Richard Cimprich made a motion, seconded by Board Member Harold Slagle, to deny V00-29. Motion passed 5 to 0. I. CONSIDERATION AND POSSIBLE ACTION - V00-30, Request of Robert G. Bowen, for a variance from Section 3 - Definitions -Accessory Use, to allow a garage to be built 234 square feet over the allowed 30% of living area of the home (1620 sq ft), at 1142 Bobby Street Robert Bowen, 1142 Bobby, presented letters from his neighbors reflecting their approval of this variance request. He also showed photographs of the existing garage, the proposed garage and other four car garages in the neighborhood. He explained that he is proposing to demolish the existing garage to improve the property. -5- Chairperson Gil Boyles made a motion, seconded by Board Member Harold Slagle, to approve V00-30. Motion passed 5 to 0. J. CONSIDERATION AND POSSIBLE ACTION - V00-31, Request of Keith Anderson,for two variances 1)from Section 22.6 Building Facades and 2) from Section 22.7 Sidewalks, to allow construction of a new building without meeting the requirements of these sections, at 12216 Broadway Street Mike Lissy, 4001 Stonehurst, explained that they want to build a church without brick on the sides of the building. He stated that the building sits 120' off of the road and there is nothing on the surrounding properties. He added that they are planning an expansion in three to four years. At this time, he explained this building would probably become the youth center. Mr. Lissy explained that the sidewalk would take away from the site. He added that there is nothing to connect the sidewalks to. Director of Community Development and Services stated that they could escrow the money into an account so that the sidewalks could be built at a later date. Chairperson Gil Boyles made a motion, seconded by Board Member Marvin Elam, to approve the facade variance request for V00-31. Motion failed 3 to 2. Mike Lyssy stated that they could put the sidewalk across the entire property when they build the second building. Vice-Chairperson Suzanne Tullis made a motion, seconded by Board Member Marvin Elam, to approve the sidewalk variance on V00-31 contingent upon the owner being responsible for adding sidewalks after the road is redone and other sidewalks are going in. Motion passed 5 to 0. K. CONSIDERATION AND POSSIBLE ACTION - V00-32, Request of Paston Tim Liston,for a variance from Section 22.6 Building Facades, to allow construction of a new building without meeting the facade requirements, at 2800 Manvel Road (New Hope Church) Pastor Tim Liston stated that the proposed building will sit 540' from Manvel Road behind an existing building. He explained that they have saved space in front of this building to build a really nice large building in the future. He added that they have approximately eleven hundred people attend services each Sunday. -6- Dave Madsen, Project Superintendent, explained that they started planning their expansions prior to realizing that they were inside the City limits. He stated that the proposed building will have a masonry and glass combination on the front. He added that the facade will match the existing building. He also added that the building has already been ordered. Mr. Madsen presented a drawing of the existing and proposed buildings. He explained that you will only see the Northeast corner of the building from Manvel Road. A discussion ensued regarding other options for the facade. Mr. Madsen stated that it would cost an additional eighty thousand dollars to upgrade to allow for brick and change the building already ordered. Chairperson Gil Boyles made a motion, seconded by Board Member Harold Slagle, to approve V00-32. Motion passed 4 to 1 abstention. M. CONSIDERATION AND POSSIBLE ACTION - V00-34, Request of Centex Homes, for a variance from Section 19.4.3.(a) Access and Maneuvering, for a 10' encroachment into the required 25' distance between driveway turning radius and street intersection curb return, on Lot 16, Block 3, River Mist, Section 1 John Golf, 1001 Pony Express, Houston, explained that this is a 36' radius, therefore, no plan will fit this lot even if moved completely to the property line. Director of Community Development and Services Gene Tumlinson explained that the eyebrow on the opposite side of the street causes this to become a 36' radius. Mr. Golf stated that this is the only lot that he will have this problem with. Mr. Tumlinson explained that there is no stop sign to cause traffic problems. Chairperson Gil Boyles made a motion, seconded by Board Member Harold Slagle, to approve V00-34. Motion passed 5 to 0. N. DISCUSSION ITEM III ADJOURNMENT The meeting adjourned at 7:47 PM. -7- These minutes respectfully submitted by: Mona Ann Phipps, Secretary Minutes approved as submitted and/or corrected this day of , 2000. ff; > , Gil Boyles, Cha erson AP- -8-