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2007-04-12 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTES ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTES THURSDAY, APRIL 12, 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 6:03 p.m. with the following in attendance: Chairperson Dale Pillow Board Member Marvin Elam Board Member Willard Briley Alternate Board Member Wm. David Torok Alternate Board Member Shannon McAuliffe Also in attendance were Senior Planner Theresa Grahmann, and Planning Secretary Judy Krajca. Board Member Willard Briley arrived at 6:05 p.m. IL NEW BUSINESS VARIANCE APPLICATION NO. 2007-05 Chairperson Dale Pillow called the public hearing to order at 6:04 p.m. Chairperson Dale Pillow read the purpose of the hearing as follows: A request by Billy E. Griffin, Jr., owner, for a variance from the requirements of Section 2.4.3.4 (b) (1) (a) Minimum Rear Yard Setback for Property in the Old Townsite General Business District (OT-GB), and Section 4.1.3.2 (a) (2) Sidewalks (Width of Sidewalks), of the Unified Development Code, Ordinance No. 2000-T, on the following described property, to wit: 4.128.5 square foot tract of land, situated in Section 2 of the H.T. & B.R.R. Company Survey, Abstract 542, being all of the Dominica Griffin Tract recorded in Volume 1342, Page 542, and the North 7.70 feet of the Billy E. Griffin Tract recorded in Volume 831, Page 493, of the Deed Records of Brazoria County, City of Pearland, Brazoria County, Texas (Generally Located on the West Side of SH 35 (Main Street), and Approximately 150 Feet South of Pear Street) Senior Planner Theresa Grahmann read the Staff report. Page 1 of 4 ZBA Minutes 04/12/07 ZONING BOARD OF ADJUSTMENT ,., Billy Griffin, Jr., applicant, of 2514 S. Main St., Pearland, Texas spoke stating the existing building was small. He is trying to upgrade by building on the existing slab next door. He wants to build new and tear down old. He stated he is asking for a rear yard setback, and asking to keep the sidewalk at 4 feet, instead of 6 feet as required in the UDC. Jim Weaver, Architect, of 1673 Scroggins Rd., Wallace, TX spoke in favor. Karen Rice, employee of Mr. Griffin, spoke in favor. There was some discussion between the Board and Staff. Items discussed were the existing slab, with Alternate Board Member Torik asking if the owner could add onto the front of the slab. Mr. Griffin stated that they are already close to the road. Board Member Elam asked if this was in a flood plain, as the slab seems low. Mr. Griffin replied that it has never flooded, in 47 years. Chairperson Pillow asked staff if the City had a date when Hwy. 35 would be widened. Staff replied that the state is currently working on the northern portion of Hwy. 35. Chairperson Dale Pillow called for the hearing to be adjourned at 6:22 p.m. Alternate Board Member Shannon McAuliffe made the motion to approve 4-foot sidewalk, and Alternate Board Member Wm. David Torik seconded. The vote was 1-4. The variance was denied. Alternate Board Member Torik voted in favor. Alternate Board Member Wm. David Torik made the motion to approve the setback. Board Member Briley seconded. The vote was 1-4. The variance was denied Board Member Briley voted in favor. The hearing was adjourned at 6:23 p.m. VARIANCE APPLICATION NO. 2007-06 Chairperson Dale Pillow called the public hearing to order at 6:23 p.m. Chairperson Dale Pillow read the purpose of the hearing as follows: A request by T-Mobile Texas LP and Shawn St. John, applicant for Jung Hwan Kwak, owner, for a variance from the requirements of Section Page 2 of 4 ZBA Minutes 04/12/07 ZONING BOARD OF ADJUSTMENT All M. 2.4.3.2 (d) (2) Size of Yards (Minimum Rear Yard and Side Yard Setback for Property in the Cullen Mixed Use District (C-MU), of the Unified Development Code, Ordinance No. 2000-T, on the following described property, to wit: 2.389 acres of land out of Lot 59, of the Allison Richey Gulf Coast Home Company Subdivision of the H.T. & B.R.R. Company Survey Number 20 (F.B. Drake), Abstract 506, City of Pearland, Brazoria County, Texas (Generally Located on the West Side of Cullen Boulevard, and Approximately 750 Feet North of FM 518 (Broadway Street)) Senior Planner Theresa Grahmann read the Staff report. Shawn St. John, applicant, 2 Greenway Plaza, Houston, TX spoke in great detail of the need for cell towers, how a location is chosen, and where they currently exist. Alternate Board Member Torik asked if it was possible to be in compliance, if the parking space was used. Mr. St. John explained the site location in the parking lot, and the showed where the parking spaces are. Chairperson Pillow noted that the site is used to the max. The hearing was adjourned at 6:38 p.m. Board Member Elam made the motion to approve, and Board Member Briley seconded. The vote was 0-5. The variance was denied. III. ADJOURNMENT The regular meeting adjourned at 6:39 p.m. These minutes respectfully submitted by: Judy Krajca, Planning Administrative Secretary Page 3 of 4 ZBA Minutes 04/12/07 ZONING BOARD OF ADJUSTMENT Minutes approved as submitted and/or corrected on this day of 2007, A.D. Dale Pillow, Chairperson Page 4 of 4 ZBA Minutes 04/12/07