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2001-03-01 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, MARCH 1, 2001, 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 6:04 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 Trish Broussard II APPROVAL OF MINUTES - DECEMBER 7, 2000 The minutes were approved as submitted. III NEW BUSINESS A. CONSIDERATION AND POSSIBLE ACTION - V01-01 Request of Elias and Sanjuana Barrasa, for a variance from Section 7.4.1.(b) requiring 15' from the 70' minimum lot width and Section 7.4.2.(a),requiring 5' encroachment into the 20' side yard requirement. Director of Community Development & Services, Gene Tumlinson, stated that this is a classic example of a hardship. He explained that the Barrasa's purchased this lot 20 years ago and were unaware of what ordinances would be in effect for 2001 . He stated the property was platted in 1981 . Vice Chairperson, Suzanne Tullis stated, there should be 3 variance requests because they also need a variance for the minimum lot size. Elias Barrasa , 8226 Tareyton, Houston, Texas explained he bought the property in 1977 with the purpose of building a house in the future. He added that for financial reasons they have been unable to build. He stated they are asking for the 15' variance for the side that faces Glenda. Vice Chairperson, Suzanne Tullis, asked if they knew the property was divided when they purchased it in 1977. Mr. Barrasa, replied no. Board Member, Marvin Elam, asked what the dimensions of the proposed house are. Mr. Barrasa, replied it is 35' x 45'. -1- Vice-Chairperson, Suzanne Tullis asked, if they have lived here. Mr. Barrasa replied, no I live in the Hobby Airport area. Chairperson, Gil Boyles, made a motion to pass, seconded by Board Member, Richard Cimprich to approve VO1-01. Vice Chairperson, Suzanne Tullis, made a motion to add a third variance from Section 7.4.1(a), minimum lot width, seconded by Board Member, Marvin Elam. Motion passed 5-0. B. CONSIDERATION AND POSSIBLE ACTION -VO1-02, Request of Mike Pollak agent for Signature Eubanks &Associates, Ltd for a variance from Section 15.4.1(b) 150' minimum lot width requirements. Director of Community Development& Services , Gene Tumlinson, explained that this has been an on going project. The plans for the building are in for review and they are waiting for platting. He stated they can develop the rear property, but they need a 125' variance from the minimum 150' of lot width requirements. Jennifer Evans, 906 Hickory Wood, Houston, Texas, representative for Signature Eubanks & Associates, explained that the land is currently platted into two lots, for two separate businesses. One in the front of the property and one in the back. She stated, we have made a common access agreement so that both lots are serviced by one common access. Board Member, Marvin Elam, asked if she knew what business was going in. Ms. Evans 41111. replied, we are not sure yet. Vice-Chairperson, Suzanne Tullis, asked what the footage's are. Ms.Evans replied, that there is a 25' approach, and the entire 5 acre parcel is 415'. Suzanne, asked, if they are required to do detention. Ms. Evans stated, there is about an acre of detention. Ms. Evans explained, there is an 8000 square foot building being permitted. Board Member, Richard Cimprich, asked would there be any restrictions on businesses that are allowed there. Director of Community Development&Services, Gene Tumlinson, stated, the property is zoned General Business, most likely there will be low key mom and pop businesses. Vice Chairperson, Suzanne Tullis, asked what the purpose is for the 150'. Board Member, Marvin Elam asked,why they want to split the property. Ms. Evans stated, so we can sell each piece individually. Vice Chairperson, Suzanne Tullis asked, if the 150' front building line could be for parking. A lengthy discussion ensued regarding parking and the 150' frontage. Board Member, Marvin Elam asked, if this site is off 518. Gene Tumlinson replied, yes, it is next to Blallocks property. Board Member, Richard Cimprich asked, what kind of restaurant is proposed. Ms. Evans replied, " Wings & More." -2- Chairperson, Gil Boyles, made a motion , seconded by Board Member, Richard Cimprich, to approve V01-02. Motion passed 5-0. C. CONSIDERATION AND POSSIBLE ACTION -VO1-03, Request of Kenneth Black agent for Pearland Independent School District for a variance from Section 22.7, Sidewalks. Director of Community Development& Services, Gene Tumlinson, explained up until June 26, 2000 the Land Use & Urban Development Ordinance did not include sidewalks. He stated, they can postpone the side walks on Bailey Rd, but it will be one to three years before the roads are built. He added that there are three subdivisions approved and two subdivisions in preliminary stages. If the side walks aren't built,the students will be walking on the roads. Gene stated, that the City will be responsible for the sidewalk replacement when we expand Bailey Road. Kenneth Black, representative for CLR Architects, explained even if they build the sidewalks, the students would have to get out in the 2 lane road. The Pearland Independent School District understands the need for the sidewalks, but the Districts concern is that the City of Pearland will be pulling them out as soon as they expand Bailey Road. Vice -Chairperson, Suzanne Tullis, asked if there are plans to put sidewalks around the entire school. Mr. Black , replied, they plan to build approximately 5000 linear feet. Director of Community Development & Services, Gene Tumlinson, stated, the sidewalks will cover three sides. Vice-Chairperson, Suzanne Tullis, asked what is the stipulation for when the sidewalks are built. Gene Tumlinson responded, the sidewalks have to be complete before we will issue a certificate of occupancy. Suzanne asked when they plan to occupy the school. Mr. Black stated, the agriculturel building should be complete in ten to twelve months, and approximately 2 years before the main building is complete. Board Member, Richard Cimprich asked,what constitutes an occupancy. Gene Tumlinson replied, there will be two separate certificate of occupancies issued. The agricultural building and the main building are two separate permits. Director of Community Development & Services, Gene Tumlinson, explained that sidewalks are a new issue for us and hopefully in the next 5 to 10 years Pearland, will have many sidewalks. Board Member, Marvin Elam, stated, your concern is about the kids walking. Gene Tumlinson, replied, yes the roads are narrow and many kids will be walking in the road. Vice-Chairperson, Suzanne Tullis, asked if there is something that says how far back sidewalks have to be placed. Kenneth Black stated, there will be a conflict between property line and drainage. Chairperson, Gil Boyles, asked if they plan to pour a 6' -3- Director of Community Development & Services, Gene Tumlinson, explained that sidewalks are a new issue for us and hopefully in the next 5 to 10 years Pearland, will have many sidewalks. Board Member, Marvin Elam, stated, your concern is about the kids walking. Gene Tumlinson, replied, yes the roads are narrow and many kids will be walking in the road. Vice-Chairperson, Suzanne Tullis, asked if there is something that says how far back sidewalks have to be placed. Kenneth Black stated, there will be a conflict between property line and drainage. Chairperson, Gil Boyles, asked if they plan to pour a 6' sidewalk. Board Member, Richard Cimprich, asked if they could possibly defer the sidewalks until the second building is done. Chairperson, Gil Boyles, made a motion to table V01-03 until the school is completely built, Board Member, Harold Slagle seconded. Motion to table passed 5-0. IV ADJOURNMENT Vice-Chairperson Suzanne Tullis, made a motion to adjourn and Board Member Richard Cimprich seconded. The meeting adjourned at 6:53 PM. These minutes respectfully submitted by: Trish Broussard, Secretary Minutes approved as submitted and/or corrected this day of , 2001. 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