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2000-10-05 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTES MINUTES - REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENTS OF THE CITY OF PEARLAND, TEXAS, HELD THURSDAY, OCTOBER 5, 2000, AT 6:00 PM, IN THE COUNCIL CHAMBERS OF CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I CALL TO ORDER The meeting was called to order at 6:01 PM with the following present: Chairperson 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 - September 7, 2000 The minutes were approved as submitted. III NEW BUSINESS A. 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/Denied at the September 7, 2000 meeting) Mike Doyle, 11500 Northwest Freeway, Houston, explained that when Centex purchased the property the first section had been platted with a 20' front building line. He stated that they proceeded with the preliminary plat and the construction plans for Section 2. He added that the Section 2 preliminary plat had been approved and construction had already begun when they realized the property was not zoned R-4. A lengthy discussion ensued regarding the misunderstanding of the zoning of this property. Board Member Harold Slagle asked why the Planning and Zoning Commission could not approve this variance. He added that they granted the original variance on Section 1 . -1- Director of Community Development Gene Tumlinson explained that the Planning and Zoning Commission can only grant variances for plats in the extra territorial jurisdiction and/or Subdivision Ordinance variances. He stated that the Zoning Board of Adjustments must consider variances from the Land Use Ordinance. Board Member Marvin Elam asked if there is a property management company for the subdivision. Mr. Doyle stated that they do have a property management company and the deed restrictions are very strict. Chairperson Gil Boyles made a motion, seconded by Vice-Chairperson Suzanne Tullis, to approve V00-25. Motion passed 4 to 1 . B. CONSIDERATION AND POSSIBLE ACTION - V00-35, Request of Chrismar Partnership, owner, for two variances: 1) from Section 21.5.1. Paving and Drainage; and 2)from Section 22.3 Minimum Landscape Requirements, to allow a change of occupancy on an existing building without meeting these ordinance requirements, at 8415 Industrial Drive C. CONSIDERATION AND POSSIBLE ACTION - V00-36, Request of Chrismar Partnership, owner, for two variances: 1) from Section 21.5.1. Paving and Drainage; and 2) from Section 22.3 Minimum Landscape Requirements, to allow a change of occupancy on an existing building without meeting these ordinance requirements, at 8401 Industrial Drive D. CONSIDERATION AND POSSIBLE ACTION - V00-37, Request of Chrismar Partnership, owner, for two variances: 1) from Section 21.5.1. Paving and Drainage; and 2)from Section 22.3 Minimum Landscape Requirements, to allow a change of occupancy on an existing building without meeting these ordinance requirements, at 8405 Industrial Drive E. CONSIDERATION AND POSSIBLE ACTION - V00-38, Request of Chrismar Partnership, owner, for two variances: 1) from Section 21.5.1. Paving and Drainage; and 2) from Section 22.3 Minimum Landscape Requirements, to allow a change of occupancy on an existing building without meeting these ordinance requirements, at 8315 Industrial Drive F. CONSIDERATION AND POSSIBLE ACTION - V00-39, Request of Chrismar Partnership, owner, for two variances: 1) from Section 21.5.1. Paving and Drainage; and 2) from Section 22.3 Minimum Landscape Requirements, to allow a change of occupancy on an existing building without meeting these ordinance requirements, at 8311 Industrial Drive -2- '.s3c - :L� r <we,-y3Fs...:.._ ,Fx• ' -=-a' sr• '.19°9+ - r-, -_a,. ", :.' - 14064.''..J t - "' r _ b£ :- q ,:.•__;- .; niirr 9t0440_Tp „V..4 , ' • 141i 'tA to br :1' ..)s)ii o . tij 9 b 0:13 "'t if .a .'- • ,-. ? 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IC,l'i't '.`77)�.� 11 t." nf "Fv Q}a-.!"€ s s r3 --t}f 1:4 .ge if 1.-,S.ZF C-)t ?i-d` tom' 16, •P -�r itiii •+ '4.16 p n€h 44 Mfr.-yyam� { - fir, � c.: { g : -rl 4:,..,,,_': k'ii.i ff< .4:3A s� � ��sd 4 )( -i .7F[ TTfs,r..�t *':.�-: �aR% _,a _ . 'rot P1)a i'�F ,1 j.. .yeci a - s41(1 ¢4`.,Tj . 04i1 -i..^.r` d i 1,3_.,, .� i,- 4 w="'; as L c, " - ,_. .1'>. $' '' E.„SII:r ',I:: ` r z_. `�k, a " ? a) . ,1'674 ." =r: ..., .,.7 '.Aip' '. 1114- t.. '' €;4W u (4y f y°.' �e3."aF�gpt,;4$ /=.sg- , c;14 T.., p�¢.':ti ¢ • 1 G. CONSIDERATION AND POSSIBLE ACTION - V00-40, Request of Chrismar Partnership, owner, for two variances: 1) from Section 21.5.1. Paving and Drainage; and 2)from Section 22.3 Minimum Landscape Requirements, to allow a change of occupancy on an existing building without meeting these ordinance requirements, at 8411A Industrial Drive Gary Borne, 2816 Ferndale, Houston, explained that he is one of the managing partners of six buildings on Industrial Drive. He stated that three of the six buildings are vacant and three are occupied. He added that the three vacant buildings can not be leased because they do not meet the parking and landscape requirements. Mr. Borne explained that the buildings now have crushed concrete driveways with a lime base. He stated that all of the buildings have septic tank fill lines that run through the front and back of the properties. Director of Community Development and Services Gene Tumlinson explained that the Land Use Ordinance requires that with a change of occupancy or occupant, the parking and landscape requirements must be met. He stated that the landscaping could consist of a few trees or shrubs being planted out of the way of the big truck traffic. He also stated that the paving can be engineered to withstand the load of the trucks. Mr. Borne stated that the ditch that runs along the property is completely overgrown. He added that the ditch needs to be cleaned out for drainage purposes. He explained that the City does not maintain the access road either. He added that they have been maintaining the road themselves for years. A discussion ensued regarding the number of parking spaces that would be required. Also discussed was other options of where to place solid surface parking and loading spaces. Board Member Marvin Elam made a motion, seconded by Board Member Harold Slagle, to deny variances V00-35, V00-36, V00-37 and V00-38. Motion passed 4 to 1. H. DISCUSSION ITEM III ADJOURNMENT The meeting adjourned at 6:50 PM. -3- These minutes respectfully submitted by: ..... (- 1 - _1„..\c CL\,.),,it ji;_r),.<3 Mona Ann P ipps, Secretary Minutes approved as submitted and/or corrected this 11 day of DMAVI,b0) , 2000. Gd B---ir-x. hairp rson p -4-