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2001-10-04 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, OCTOBER 4, 2001, AT 6:00 PM, IN THE COUNCIL ;HAMBERS OF CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I CALL TO ORDER The meeting was called to order at 6:12 PM with the following present: Chairperson Gil Boyles Vice-Chairperson Suzanne Tullis Board Member Marvin Elam Board Member Harold Slagle Board Member Richard Cimprich Fire Marshal Larry Steed Director of Community Development Gene Tumlinson Secretary Mona Ann Phipps II APPROVAL OF MINUTES - July 5, 2001 The minutes were approved as submitted. III NEW BUSINESS A. V01- 07, PUBLIC HEARING AND CONSIDERATION AND POSSIBLE ACTION, Request of First United Methodist Church, owners, for a variance from Section 15.4.3.Yard (setback) requirements, of the Land Use and Urban Development Ordinance, for a 15' encroachment into the required 25' side yard at 2314 Grand Boulevard, Lots 9-37 & 22-36, Block 11, Pearland Townsite Mr. Tacket, Architect for First United Methodist Church, presented a site drawing of the proposed expansion. He explained that they are proposing to build 10' from the side property line to match the existing building. He stated that they will also be adding additional parking. Mr. Tacket explained that they are trying to preserve the large trees on the site, therefore, they have run out of space to expand. Vice-Chairperson Suzanne Tullis explained that the Board is normally concerned with setbacks because of fire hazards, however, this property is surrounded by streets. Fire Marshal Larry Steed agreed with Mrs. Tullis. He added that this expansion would not create a fire hazard. Vice Chairperson Suzanne Tullis made a motion, seconded by Board Member Harold Slagle, to approve V01-07. Motion passed 5 to 0. 1 B. V01-08, PUBLIC HEARING AND CONSIDERATION AND POSSIBLE ACTION, Request of Mark A. Hartsfield, owner of Cactus Grill, for a variance from Section 22.6.A. Building Facades, of the Land Use and Urban Development Ordinance, to allow the use of wood on the front of the building, at 2540 Broadway Street Mark Hartsfeld and Gary Kubetska spoke in support of the variance. Mr. Hartsfeld explained that the wood is already on the building. He stated that John Harrist, the City of Pearland Code Enforcement Officer, told them they could put the wood on the building. He submitted a letter signed by the surrounding tenants with their approval. Board Member Marvin Elam asked why they wanted the wood facade on the building. Mr. Hartsfeld stated that they wanted to continue the western theme like the inside of the restaurant. Director of Community Development Gene Tumlinson stated that it is hard to imagine that John Harrist would have given the okay for this facade. He explained that Mr. Harrist enforces these codes on a daily basis and is very knowledgeable of the codes. He added that City staff has visited this establishment several times during their unfortunate closing. Mr. Hartsfeld agreed with Mr. Tumlinson that they have met with Mr. Harrist on several occasions. However, he explained that there were four people present when they discussed the facade. He stated that they did discuss many items that day. He added that it may be possible that he just overlooked the facade. Director of Community Development Gene Tumlinson stated that the siding was put up on the weekend, therefore, it was complete before City staff noticed it. Chairperson Gil Boyles asked if permits were obtained for the other construction inside the building. Mr. Hartsfeld answered that Mr. Javodi, the property owner, had obtained the appropriate permits. Jason Heard, General Manager of Cactus Grill, explained that they are trying to get opened. They have been closed for approximately two and a half months. He stated that they did not just change the carpet and open, but they have been working very hard to remodel. Board Member Marvin Elam made a motion to deny. Motion failed due to lack of second. Vice-Chairperson Suzanne Tullis made a motion, seconded by Board Member Marvin Elam, to deny V01-08. Mrs. Tullis explained to the applicants that this is a very difficult decision for the board because the facade is not unattractive. However, she stated that if they approve this variance, they set a precedence for other businesses. She added that this would make the ordinances useless. The motion to deny failed 4 to 1. Board Member Richard Cimprich made a motion, seconded by Board Member Harold Slagle, to approve V01-08. Motion failed 2 to 3. C. V01-09, PUBLIC HEARING AND CONSIDERATION AND POSSIBLE ACTION, Request of William E. Moody, owner, for two variances from Section 10.4.f. Yard (setback) requirements, of the Land Use and Urban Development Ordinance, 1) for a 15' encroachment into the required 25' rear yard and 2) to allow a 5' side yard on both sides, on the following described property, at 2521 S. San Antonio, Lots 11 & 12, Block 32, Pearland Townsite Richard Tetens, 2105 E. Mary's Creek, explained that he owns property at the end of the block. He stated that this is not a hardship, therefore, a variance should not be granted. He added that these lots are 125' deep and 25' wide. Mr. Tetens explained that they need to add one more lot in order to make it 75' wide. Suzanne Chipman, 2522 S. San Antonio, spoke for herself and her sister who lives at 2518 S. San Antonio. She stated that they are totally against the variance. She explained that they have major flooding problems. She added that the old townsite will be completely wiped out by flooding if these homes are built. She expressed concern about the new subdivision being built on Walnut causing more flooding. Ms. Chipman stated that she likes the fact that he is not building apartments. Jill Kremly, 1833 Max Road, explained that her mother in law lives next to one of the variance requests. She stated that if these houses are built too close, her window will look right into a wall. She added that they already have trouble getting out of the driveway. Robert Culbreath, 2412 Pearland Avenue, expressed concern for drainage. He stated that this number of homes could only make drainage worse. Deborah German, 2219 Austin Avenue, explained that she owns one of the homes that Bill Moody built. She stated that he is trying to improve the neighborhood with a nice product. She added that someone was threatening to build apartments before Mr. Moody bought the properties. She expressed concern for the flooding problems that the residents are experiencing. William Moody, stated that he built several new homes on Austin Street and one on Texas Avenue. He explained that he was granted three variances in the past and is seeking the same variances on these lots. He added that there are no homes that will fit into 34'. Director of Community Development Gene Tumlinson explained that a 15' aggregate is required between homes. 3 Chairman Gil Boyles asked Mr. Moody how close the next house will be. Mr. Moody answered that there is no house next to this lot. Mr. Moody stated that he would like to withdraw his request for variances V01-09, V01-10, and V01-11. D. V01-10, PUBLIC HEARING AND CONSIDERATION AND POSSIBLE ACTION, Request of William E. Moody, owner, for two variances from Section 10.4.f. Yard (setback) requirements, of the Land Use and Urban Development Ordinance, 1) for a 15' encroachment into the required 25' rear yard and 2) to allow a 5' side yard on both sides, on the following described property, at 2527 S. San Antonio, Lots 13 & 14, Block 32, Pearland Townsite E. V01-11, PUBLIC HEARING AND CONSIDERATION AND POSSIBLE ACTION, Request of William E. Moody, owner, for two variances from Section 10.4.f. Yard (setback) requirements, of the Land Use and Urban Development Ordinance, 1) for a 15' encroachment into the required 25' rear yard and 2) to allow a 5' side yard on both sides, on the following described property, at 2531 S. San Antonio, Lots 15 & 16, Block 32, Pearland Townsite F. V01-12, PUBLIC HEARING AND CONSIDERATION AND POSSIBLE ACTION, Request of William E. Moody, owner, for two variances from Section 10.4.f. Yard (setback) requirements, of the Land Use and Urban Development Ordinance, 1) for a 15' encroachment into the required 25' rear yard and 2) to allow a 5' side yard on both sides, on the following described property, at 2533 S. San Antonio, Lots 17 & 18, Block 32, Pearland Townsite Mr. Moody stated that he does not need the rear yard variance as originally applied for. However, he does still need the 4' side yard variance. Chairman Gil Boyles asked if there are any structures on either side of this request. Mr. Moody answered that there are no structures on either side. Richard Tetens, 2105 W. Mary's Creek, stated that a variance should not be granted because there is no hardship. He reiterated that fact that Mr. Moody could add one more lot to the site and have a 75' width. Luther Cunningham, 2416 Washington Avenue, stated that if Mr. Moody is not doing anything bad, he should be allowed to improve the Old Townsite. He added that there is a 20' alley behind the required rear setback. Director of Community Development Gene Tumlinson explained that it is each persons right to apply for a variance. Board Member Marvin Elam stated that approximately twenty five letters were received against this request and only three letters in support. Vice-Chairperson Suzanne Tullis made a motion, seconded by Richard Cimprich, to deny V01-12. Vice-Chairperson Suzanne Tullis stated that she had concerns about fire hazards and requested the Fire Marshal attend this meeting. Fire Marshal Larry Steed stated that this product enhances the area. He explained that obviously placing homes too close together does create problems. However, he added that he does not see a problem with this lot if the next lot has a side yard setback and the required aggregate is met. Mr. Tetens stated that the only way that the setbacks could vary on this is to develop as a Planned Unit Development to show the layout of all of the proposed homes. Vice-Chairperson Tullis stated that the drainage problem is not necessarily a problem of building homes if he builds in compliance with City ordinances. Motion to deny passed 5 to 0. G. V01-13, PUBLIC HEARING AND CONSIDERATION AND POSSIBLE ACTION, Request of William E. Moody, owner, for two variances from Section 10.4.f. Yard (setback) requirements, of the Land Use and Urban Development Ordinance, 1) for a 15' encroachment into the required 25' rear yard and 2)for an 8'encroachment on one side and a 5' encroachment on one side (2 story home requires a 15' sideyard); at 4305 W. Walnut, Lots 19-24, Block 32, Pearland Townsite Richard Tetens, 2105 W. Mary's Creek, reiterated the fact that this is not a hardship. Therefore, there is no reason for a variance to be granted. Jill Kremling, 1833 Max Rd, explained that the home at 4303 W. Walnut was built in 1932 and sits very close to the property line. She stated that if Mr. Moody builds closer to the property line, the homes would sit too close together. Susan Chipman, 2522 S. San Antonio, stated that this home would not look very attractive from San Antonio because the home will face Walnut. William Moody explained that he demolished a dilapidated home and removed raw sewage from this lot. He stated that the proposed home would sit 10' from one side property line and 7' from the other side property line. He added that the house next to it is built over his property line. A discussion ensued regarding how close the houses would be if this variance were granted. 5 Vice-Chairperson Suzanne Tullis made a motion, seconded by Harold Slagle, to deny V01- 13. Motion passed 5 to 0. IV ADJOURNMENT The meeting adjourned at 7:41 PM. Minutes respectfully submitted by: 07\ncv1 Mona Ann P ipps, Secretary These minutes approved as submitted and/or corrected this day of ( V AWaA 002. • Y 5.�,t Z v ( Lc l�.t S - Co " a/./720-S0 S 6