2007-02-01 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTES ZONING BOARD OF ADJUSTMENT
REGULAR MEETING
MINUTES
THURSDAY, FEBRUARY 1 , 2007
6:00 P.M.
COUNCIL CHAMBERS OF CITY HALL
3519 LIBERTY DRIVE
PEARLAND, TEXAS
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 Willard Briley
Board Member Marvin Elam
Alternate Board Member William Terrell
Alternate Board Member Shannon McAuliffe
Also in attendance were Alternate Board Members William David Torok,
Planning Director Lata Krishnarao, Senior Planner Theresa Grahmann,
Deputy City Attorney Nghiem Doan, and Planning Secretary Judy Krajca.
Board Member Kerry Mohammadian arrived at 6:20 p.m.
II. APPROVAL OF MINUTES: December 7, 2006
Board Member Marvin Elam noted corrections on page two. Alternate
Board Member Shannon McAuliffe made the motion to approve the
minutes with corrections, and Board Member Willard Briley seconded.
The vote was 5-0 for approval.
III. NEW BUSINESS
VARIANCE APPLICATION NO. 2007-01
Chairperson Dale Pillow called the public hearing to order at 6:09 p.m.
Chairperson Dale Pillow read the purpose of the hearing as follows:
A request by Kenneth R. Phillips, applicant for Pearland Highway 35 L.P., owner,
for a variance from the requirements of Section 2.4.5.1 Corridors Overlay District
and Section 4.2.2.4 Required Landscape Area Standards, of the Unified
Development Code, Ordinance No. 2000-T, on the following described property,
to wit:
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ZONING BOARD OF ADJUSTMENT
— 8.863 acres of land located in the H.T. & B.R.R. Company Survey, No. 2,
Abstract 542, being a part of Lots 14 and 15 of the W. Zychlinski Subdivision of
record at Volume 29, Page 43, Deed Records, Brazoria County, Texas, said
8.863 acres more particularly being Lot 1 and 2, Safeway Addition No. 1 of
record at Volume 16, Pages 11 and 12, Map Records, Brazoria County, Texas,
City of Pearland, Brazoria County, Texas (Generally Located on the West Side of
State Highway 35 (Main Street), and on the North Side of Orange Street)
Senior Planner Theresa Grahmann read the Staff report.
Attorney, Kenneth R. Phillips of 3322 E. Walnut, Ste. 109, Pearland, TX
77581 for the applicant spoke. He presented a history of the property as
explained in his letter dated January 8, 2007, enclosed in the staff report.
Mr. Phillips stated that only Lot 1 needed to be brought into compliance.
The applicant is the owner of all of Lot 1 and the remainder of Lot 2, and is
willing to renovate both parking lots into a unified and continuous
development which provides a 30-foot buffer along the entire frontage on
Main St., based on the site plan, known as Exhibit E, attached in the Staff
report.
Mr. Phillips stated the applicant is willing to grant the 30-foot buffer. This
would result in a reduction of landscaping from 15% to 10%.
Mr. Phillips stated that code requires parking be no further than 50 feet
from trees, and they are asking for 68 feet.
Mr. Phillips stated the reduction of the planter would be from 6' X 6' to 3'9"
X 12'.
Rosalee Ferran of Office Depot, 1000 W. Airport Freeway, Irving, TX
75062 spoke of the positive aspects of Office Depot coming to Pearland.
She praised their ranking in the business world, and how they sponsor
many groups in the community, and how they donate monies to the school
district.
Steve White, representative of the Don White Companies, stated he was
the owner of the property to the north of the applicants property. He
thanked Office Depot for agreeing to take on the parking of both lots and
not just his own.
Board Member Marvin Elam asked the applicant if they were only coming
in for the expansion of the loading dock. Mr. Phillips replied that yes this
was what their variance was for, and it would be at the corner of the
building near Orange St.
There was much discussion between the Board/Staff/Applicant/Legal
regarding the variance request.
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Chairperson Dale Pillow called for the hearing to be adjourned at 6:59
p.m.
Board Member Marvin Elam made the motion to approve, and Board
Member Willard Briley seconded.
The vote was 2-3. The variance was denied. Board Members Briley and
Elam voted in favor, and Chairperson Pillow and Board Members
McAuliffe and Terrell voted against.
IV. ADJOURNMENT
The regular meeting adjourned at 7:00 p.m.
These minutes respectfully submitted by:
Judy Krajca, Planning Administrative Secretary
Minutes approved as submitted and/or corrected on this day of
2007, A.D.
Dale Pillow, Chairperson
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