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2006-09-07 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTES ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTES 110 THURSDAY, SEPTEMBER 7, 2006 te° 6:00 P.M. COUNCIL CHAMBERS OF CITY HALL ft Mir 3519 LIBERTY DRIVE Or° �� .0W PEARLAND, TEXAS ' 1\ J Nr I. CALL REGULAR MEETING TO ORDER The Regular Meeting was called to order by Chairperson Dale Pillow at 6:08 p.m. with the following in attendance: Chairperson Dale Pillow Board Member Don Glenn Board Member Marvin Elam Board Member Kerry Mohammadian Board Member Willard Briley Also in attendance were Senior Planner Theresa Grahmann, Deputy City Attorney Nghiem Doan, and Planning Administrative Secretary Judy Krajca. II. APPROVAL OF MINUTES: August 3, 2006 Board Member Don Glenn made the motion to approve the minutes, and Board Member Marvin Elam seconded. The vote was 5-0 for approval. III. NEW BUSINESS A. VARIANCE APPLICATION NO. 2006-07 1. CONDUCT PUBLIC HEARING Chairperson Dale Pillow called the public hearing to order at 6:09 p.m. a. PURPOSE OF HEARING Chairperson Dale Pillow read the purpose of the hearing as follows: A request by Newmark Homes, owner, for a variance from the Rear Yard Setback Requirements for Single Family Residential, of Ordinance No. 509-268 (Shadow Creek Ranch Planned Development Page 1 of 8 ZBA Minutes 8/3/06 ZONING BOARD OF ADJUSTMENT Ordinance), on the following described property, to wit: Lot 7, Block 2, of the Final Plat of Shadow Creek Ranch Section SF-31, according to the plat recorded in Volume 24, Pages 280 and 281, of the Plat Records of Brazoria County, City of Pearland, Brazoria County, Texas (Located at 2019 Creek Run Drive) b. STAFF REPORT Senior Planner Grahmann read the Staff report. Ms. Grahmann explained that the applicant is requesting a variance to the rear yard setback as required in the Unified Development Code. The rear yard setback for the subject property is required to be 20 feet. The encroachment into the rear yard setback is for a bay window. The applicant is asking for a rear yard setback by approximately 6 inches. Staff does not feel there is a hardship to this property that would cause the applicants a hardship in complying with the rear yard setback, other than the errors that were made in the design and construction of the house. c. APPLICANT PRESENTATION Mr. Patrick Workman of Newmark Homes was present to speak. His address was stated as 14701 Colony Blvd., Suite 200, Sugar Land, Texas. He explained that there was a discrepancy on the survey and plot plan, prepared by Texas Survey Company. d. PERSON WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST There was no one present to speak for or against the proposed request. e. STAFF/BOARD/APPLICANT DISCUSSION Board Member Marvin Elam asked if the home was already constructed. Mr. Workman of Newmark Homes replied that it was. There was no further discussion. f. ADJOURNMENT OF PUBLIC HEARING Chairperson Dale Pillow called for the hearing to be adjourned at 6:12 p.m. Page 2 of 8 ZBA Minutes 8/3/06 ZONING BOARD OF ADJUSTMENT 2. CONSIDER VARIANCE APPLICATION NO. 2006-08 �-- Board Member Kerry Mohammadian made the motion to approve, and Board Member Marvin Elam seconded. The vote was 0-5. The variance was denied. B. VARIANCE APPLICATION NO. 2006-08 1. CONDUCT PUBLIC HEARING Chairperson Dale Pillow called the public hearing to order at 6:14 p.m. Boardmember Kerry Mohammadian recused herself from the public hearing. a. PURPOSE OF HEARING Chairperson Dale Pillow read the purpose of the hearing as follows: A request by Todd Harvey and Sheila Schmidt, owners, for a variance from the requirements of Section 2.4.2.3. (c) (2) Minimum Side Yard Setback, on the following described property, to wit: Lot 2, Block 1, of the Final Plat of Ravenwood Estates Section 1, as recorded in Volume 19, Page 9-760, of the Plat Records of Brazoria County, City of Pearland, Brazoria County, Texas (Located at 6033 Ravenwood Drive) b. STAFF REPORT Senior Planner Grahmann read the Staff report. Ms. Grahmann explained that the applicant is requesting a variance to the side yard setback for the purpose of a carport, and that the encroachment would be 5 feet. The side yard setback for the subject property is required to be 10 feet. Staff does not feel that the applicant meets the criteria for approval, as there are no special circumstances peculiar to this property that cause the applicants a hardship in complying with the side yard setback. c. APPLICANT PRESENTATION Mr. Gil Boles, contractor for this project spoke on behalf of the applicants and explained the need for a carport. He then passed out a plan for said carport. Page 3 of 8 ZBA Minutes 8/3/06 ZONING BOARD OF ADJUSTMENT d. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST The applicant and owner, Mr. Todd Harvey of 6033 Ravenwood Dr., Pearland explained that they would place two brick columns up, matching the existing homes brick, and a matching roof. Ms. Sheila Schmidt, applicant and owner of 6033 Ravenwood, Pearland stated that if the owners would have done this under the Old Land Use and Urban Development Ordinance that the 5 feet would have been allowed. Kelly Story of 6233 Ravenwood, Pearland stated she has the same floor plan and is sympathetic to their situation, as she experiences the same problems as the Mr. Harvey and Ms. Schmidt. Kelly Owens of 4026 Quail Run, Pearland also spoke in favor of this variance request. The neighborhood exist of several different styles of homes, and this would not take away from these looks. e. STAFF/BOARD/APPLICANT DISCUSSION There was no discussion. f. ADJOURNMENT OF THE PUBLIC HEARING The hearing was adjourned at 6:22 p.m. 2. CONSIDERATION AND POSSIBLE ACTION OF APPLICATION NO. 2006-08 Board Member Marvin Elam made the motion to approve, and Board Member Willard Briley seconded. The vote was 0-4. The variance was denied. C. VARIANCE APPLICATION NO. 2006-09 1. CONDUCT PUBLIC HEARING Chairperson Dale Pillow called the public hearing to order at 6:24 p.m. Board Member Kerry Mohammadian returned to the Council Chamber. a. PURPOSE OF HEARING Chairperson Dale Pillow read the purpose of the hearing as follows: Page 4 of 8 ZBA Minutes 8/3/06 ZONING BOARD OF ADJUSTMENT A request by Northwinds Construction, applicant for George Gartner, owner, for a variance from the requirements of Section 2.6.2.1 (b) Exterior Building Design Requirements, on the following described property, to wit: Lot 28, Section 9 of the Allison Richey Gulf Coast Home Company Subdivision Part of Suburban Gardens, Volume 2, Page 23 and 24, Brazoria County Map Records, H.T. & B.R.R. Company Survey b. STAFF REPORT Senior Planner Grahmann read the Staff report. Ms. Grahmann explained that the applicant is proposing to expand two buildings located upon the subject property. Since the property is zoned as M-1 and is located on Max Road, a major thoroughfare on the Thoroughfare Plan, the subject property is subject to (4) of the building façade requirements as stated in the Staff report. If the variance is granted with these existing metal buildings, that are non-conforming, then they will never have to comply with the façade requirements, and will never become conforming structures. Staff does not feel the applicant meets the requirements for granting a variance. c. APPLICANT PRESENTATION Mr. Eric Moore, the contractor for Northwinds Construction spoke on behalf of this request. d. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST There was no one present to speak for or against this request for a variance. e. STAFF/BOARD/APPLICANT DISCUSSION There was no discussion. f. ADJOURNMENT OF THE PUBLIC HEARING The hearing was adjourned at 6:28 p.m. 2. CONSIDERATION AND POSSIBLE ACTION OF APPLICATION NO. 2006-09 Page 5 of 8 ZBA Minutes 8/3/06 ZONING BOARD OF ADJUSTMENT Board Member Willard Briley made the motion to approve, and Board Member Don Glenn seconded. The vote was 0-5. The variance was denied. D. VARIANCE APPLICATION NO. 2006-10 1. CONDUCT PUBLIC HEARING Chairperson Dale Pillow called the public hearing to order at 6:29 p.m. a. PURPOSE OF HEARING Chairperson Dale Pillow read the purpose of the hearing as follows: A request by Ernest Perez, for a variance from the requirements of Section 2.4.4.1 (c) (1) Minimum Lot Size, Section 2.4.4.1 (c) (1) Minimum Lot Width, Section 2.4.4.1 (c) (2) Minimum Side Yard, and Section 2.4.4.1 (k) Adjacency to Single Family Residential District, on the following described property, to wit: Lot 15 of the Darlinda Addition to the City of Pearland, a subdivision of Tract 9 and part of Tract 8 of the Allison-Richey Gulf Coast Homes Company Suburban Gardens Subdivision, part of H.T. & B.R.R. Company Survey, Section 5, Abstract 232, as recorded in Volume 2, Page 16 of the Plat Records, County Clerk's Office, City of Pearland, Brazoria County, Texas (Located at 4602 Broadway Street) b. STAFF REPORT Senior Planner Grahmann read the Staff report, and distributed a zoning map. She stated that the Variance would have to be approved in order for the zone to be changed. Ms. Grahmann explained that the applicant wants to rezone the subject property from single family residence to Office and Professional District (OP). However, the property is quite small and does not meet the requirements of the OP district. The applicant is requesting 4 variances, as stated in the Staff report, being lot size, lot width, side yard setback, and adjacency buffer. The applicant wishes to use the property for a real estate Page 6 of 8 ZBA Minutes 8/3/06 ZONING BOARD OF ADJUSTMENT office. Staff feels that the applicants request does not meet the requirements for granting this variance. Staff received two public comments forms, one in favor and one against this variance. c. APPLICANT PRESENTATION Mr. Ernest Perez, owner, of 4602 Broadway stated that the property was zoned residential and was surrounded by commercial property. d. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST There was no one present to speak for or against this request for a variance. e. STAFF/BOARD/APPLICANT DISCUSSION Board Member Don Glenn asked Ms. Grahmann if this would meet other zoning requirements, such a General Business (GB). She replied no, and that Office Professional (OP) was the least intense. f. ADJOURNMENT OF THE PUBLIC HEARING The hearing was adjourned at 6:38 p.m. 2. CONSIDERATION AND POSSIBLE ACTION OF APPLICATION NO. 2006-09 Board Member Kerry Mohammadian made the motion to approve, and Board Member Marvin Elam seconded. The vote was 0-5. The variance was denied. IV. OTHER BUSINESS Chairperson Dale Pillow asked Staff to do a study of neighboring cities on variance fees and cost for Staff to process variances. V. ADJOURNMENT The regular meeting adjourned at 6:39 p.m. Page 7 of 8 ZBA Minutes 8/3/06 ZONING BOARD OF ADJUSTMENT These minutes respectfully submitted by: Judy Krajca, Planning Administrative Secretary Minutes approved as submitted and/or corrected on this 5th day of October, 2006, A.D. Dale Pillow, Chairperson Page 8 of 8 ZBA Minutes 8/3/06