2018-08-09 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF
ADJUSTMENT OF THE CITY OF PEARLAND, TEXAS HELD ON AUGUST 09, 2018
AT 6:00 P.M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DR.
The following were present:
ZBA Chairperson Mark Lewis
ZBA Vice -Chairperson Jerry Acosta
ZBA Secretary Teresa J. Del Valle
Board Member Don Glenn
Alternate Board Member John Gehring, Jr.
Also in attendance were: Deputy City Attorney Lawrence Provins, Planning Manager
Martin Griggs, Planner Samin Bazargan, Planner Mohamed Bireima and Office
Assistant Alma Gonzales.
ZBA Chairperson Mark Lewis called to order the public hearing at 6:00 p.m. ZBA
Secretary Teresa J. Del Valle made a motion to approve the May 3, 2018 minutes Board
Member Don Glenn seconded the motion. The motion carried 5-0. Secretary Teresa J.
Del Valle made a motion to approve the March 1, 2018 minutes, Vice -Chairperson Jerry
Acosta seconded the motion, the motion carried 5-0.
APPROVAL OF MINUTES
1. Approve the ZBA Meeting minutes from
2. Approve the ZBA Meeting minutes from
ELECTION OF OFFICERS
Thursday, May 3, 2018
Thursday, March 1, 2018
ZBA Board Member Jerry Acosta motioned to nominate ZBA Vice -Chairperson Mark
Lewis for Chairperson, Mr. Lewis accepted. Board Member Teresa J. Del Valle
seconded the motion, the motion carried 5-0. Mr. Lewis nominated Board Member Jerry
Acosta for Vice -Chairperson, Mr. Acosta accepted, Board Member Teresa J. Del Valle
seconded the motion, the motion carried 5-0. Mr. Acosta nominated Ms. Del Valle for
ZBA Secretary, Mr. Lewis seconded the motion, the motion carried 5-0.
NEW BUSINESS
ZBA APPLICATION NO. VARZ 18-00016
CALL PUBLIC HEARING TO ORDER
ZBA Chairperson Mark Lewis read into the record the purpose of the hearing.
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PURPOSE OF HEARING:
A request of Silambam Houston, applicant represented by Lavanya Rajagopalan, on
behalf of Dancescape by Joyce, owner, represented by Joyce Beck; for Variances as
permitted by the Unified Development Code, Ordinance No. 2000-T, to vary the
setbacks per Section 2.4.4.4 and minimum number of parking spaces required per
Section 2.5.2.1. to wit:
Legal Description: Lot "E", in Block "B", of Shadycrest Subdivision, a subdivision in
Brazoria County, Texas according to the map or plat thereof recorded in Volume 8,
Pages 95-96 of the Plat Records of Brazoria County, Texas.
General Location: 2016 Broadway Street, Pearland, TX.
STAFF REPORT
Planner Samin Bazargan presented the Staff Report with exhibits and informed that
two comment forms were received in favor of the request and two were opposed. Staff
recommended approval of the variance to allow a 12.5' rear and 5' side setback and
the reduction of 5 parking spaces as the applicant has a hardship created by the size
of the lot and that other properties were developed under different codes which
allowed for this style of development on smaller lots.
APPLICANT PRESENTATION
Applicant Lavanya Rajagopalan, 2016 Broadway, Pearland TX, gave a brief
presentation and was available for questions or comments.
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
None
STAFF/BOARD/APPLICANT DISCUSSION
ZBA Secretary Teresa J. Del Valle asked Staff what were the reasons stated on the
opposed comment forms received, Planner Samin Bazargan explained the comment
was received by social media and they did not include a name. Ms. Del Valle asked
Staff if the parking lot was currently being used as an overflow lot, Mrs. Bazargan
informed the lot was being used by two other businesses. Ms. Del Valle asked how
many spaces were being used by the other businesses, Mrs. Samin informed forty five
spaces were currently available and there was no overlap. Vice -Chairperson Jerry
Acosta asked Staff if there were landscaping requirements, Mrs. Bazargan explained
the Corridor overlay district does have landscape requirements but this variance request
will not require landscaping. Mr. Acosta asked if screening would be required for the
back of the property Planning Manager Martin Griggs and Deputy City Attorney
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Lawrence Provins explained that they would be required to have a 6 foot masonry fence
which is the residential buffer requirement. Board member Don Glenn made a comment
on the 12 foot setback.
ADJOURNMENT OF PUBLIC HEARING
ZBA Chairperson Mark Lewis adjourned the public hearing for ZBA Application No.
VARZ 18-00016 at 6:19 p.m.
CONSIDERATION AND POSSIBLE ACTION
Alternate Board Member John Gehring made a motion to approve, Board member
Don Glenn seconded the motion. The motion carried 5-0 in favor of the variance.
ZBA APPLICATION NO. VARZ 18-00017
CALL PUBLIC HEARING TO ORDER
ZBA Chairperson Mark Lewis opened the public hearing for ZBA Application No. VARZ
18-00017 at 6:19 p.m.
PURPOSE OF HEARING:
A request of Arturo Gujardo, applicant and owner,; for Variances as permitted by the
Unified Development Code, Ordinance No. 2000-T, to vary the setback per Section
2.4.2.5. and/or location of accessory structure on smaller lots Section 2.5.3.1. (a) to
wit:
Legal Description: Lot 47, in Block 1, of Riverstone Ranch at Clear Creek Section 5,
a subdivision of 40.124 acres of land situated in the T.J. Green survey, Abstract 290,
City of Pearland, Harris County, Texas being part of Lots 62, 63, 78, 79, 80, 81, 95,
97, 98, and 115, and all of Lots 96, 114, 113,
and 114 of the Allison Richey Gulf Coast Home Company part of the Suburban
Gardens, Section "G", a subdivision of record in Volume 4, page 48, Map of Records
of Harris County, Texas and a portion of Tract one, drainage easement of the Green
Tee Terrace Section Seven, a subdivision recorded in Film Code No. 352061, Map
Records of Harris County, Texas.
General Location: 2314 Grayson Valley Lane, Pearland, TX.
STAFF REPORT
Planner Samin Bazargan presented the staff report with the exhibits and informed that
2 comment forms were received in favor of the request. Staff did not recommend
approval of the variance to allow a 10' attached patio cover for a single-family. The
applicant has no hardship or unique features specific to this property which would
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create the necessity for a variance.
APPLICANT PRESENTATION
Applicant Art Guajardo, 2314 Grayson Valley Ln., Houston TX 77089 gave a brief
presentation and was available for comments and questions.
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
None
STAFF/BOARD/APPLICANT DISCUSSION
Board Member Don Glenn what the actual encroachment would be, Mr. Griggs
informed that it would be 6 foot from the building line. Mr. Glenn asked if the
encroachment area would be, Mr. Griggs informed it would be for the rear of the
property. Deputy City Attorney informed the ZBA Board that the property was in the
River Stone Ranch subdivision which is in a Cluster Plan and the impact this
encroachment will do. Mr. Griggs gave further details. Mr. Glenn asked what the
impact would do to the neighbors, safety and traffic for this variance. Mr. Griggs and
Mr. Provins explained the impact of reducing the lot sizes and allowing the
encroachment to neighboring properties. Vice -Chairperson Jerry Acosta asked if the
variance was granted would that change the zoning regulations, Mr. Provins explained
typically a variance can go up to 50 percent and once you go pass 50 percent it's
considered rewriting or legislating and it could be considered exceeding authority.
ADJOURNMENT OF PUBLIC HEARING
ZBA Chairperson Mark Lewis adjourned the public hearing for ZBA Application No.
VARZ 18-00017 at 6:34 p.m.
CONSIDERATION AND POSSIBLE ACTION
Board Member Don Glenn a motion to approve, Alternative Board Member John
Gehring seconded the motion. The motion was denied 0-5. Variance was not approved.
ZBA APPLICATION NO. VARZ 18-00019
CALL PUBLIC HEARING TO ORDER
ZBA Chairperson Mark Lewis opened the public hearing for ZBA Application No. VARZ
18-00019 at 6:34 p.m.
PURPOSE OF HEARING
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A request of James Webb, applicant and owner; for Variances as permitted by the
Unified Development Code, Ordinance No. 2000-T, to vary the setback per Section
2.4.2.5. and/or location of accessory structure on smaller lots Section 2.5.3.1. (a) to
wit:
Legal Description: Lot 6, in Block 2, of Willowick Section 2, being a 25.8486 acre
tract of land out of the northwest one-fourth of Section II H.T. & B. R.R. Co. survey A-
239 Brazoria County, Texas.
General Location: 2912 Veva Drive, Pearland, TX.
STAFF REPORT
Planner Samin Bazargan presented the staff report with the exhibits and informed that
4 comment forms were received in favor of the request. Staff did not recommend
approval of the variance to allow a 4' encroachment into the required attached rear
building setback for a patio cover of a single-family residence. The applicant does not
have a hardship unique to their lot and the criteria for approval is not met.
APPLICANT PRESENTATION
Applicant, James Webb, 2912 Veva Dr., Pearland TX 77581 gave a brief presentation
and was available for comments and questions.
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
None
STAFF/BOARD/APPLICANT DISCUSSION
Due to the variance being similar to the previous variance request, there was no further
discussion by the ZBA Board. The applicant requested for the Criteria for Approval from
Staff. Deputy City Attorney Lawrence Provins informed that he could view that
information on the City website.
ADJOURNMENT OF PUBLIC HEARING
ZBA Chairperson Mark Lewis adjourned the public hearing for ZBA Application No.
VARZ 18-00019 at 6:41 p.m.
CONSIDERATION AND POSSIBLE ACTION
Vice — Chairperson Jerry Acosta made a motion to approve Secretary Teresa Del Valle
seconded the motion. The motion was denied 0-5. Variance was not approved.
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ZBA APPLICATION NO. VARZ 18-00020
CALL PUBLIC HEARING TO ORDER
ZBA Chairperson Mark Lewis opened the public hearing for ZBA Application No. VARZ
18-00019 at 6:34 p.m.
PURPOSE OF HEARING
A request of Jim Maddox, applicant, on behalf of Sambav LLC, owner, represented by
Trung Dinh; for a variance as permitted by the Unified Development Code, Ordinance
No. 2000-T, to vary the minimum required parking per Section 2.5.2.1. to wit:
Legal Description: Reserve A and B of lot 4A in Block 2, of replat No. 1 of Lot 4A of
Block 2 Kirby Commons, being a 1.4930 acres out of Lot 4A, out of Block 2, amending
plat No. 1 of Lots 3 and 4 Block 2, Kirby Commons Brazoria County Clerk's File
Number 2009013354 in the T.C. R.R. Co. survey Section 3 Abstract No. 578 City of
Pearland, Brazoria County, Texas.
General Location: 2850 Kirby Drive, Pearland, TX.
STAFF REPORT
Planning Manager Martin Griggs presented the staff report with exhibits. Staff did not
recommend approval of the variance to reduce the minimum number of required
parking spaces to 1 space per 300 square feet. The LU&UD code does not have that
ratio within the off-street parking standards table. The applicant does not have a
hardship unique to their lot within the Shadow Creek Ranch PD and the criteria for
approval is not met. A miscommunication within the pre -development packet does not
waive the requirements of the LU&UD or UDC regulations.
APPLICANT PRESENTATION
Applicant Jim Maddox, 11251 Richmond Ave. #F Houston TX 77082, gave a
presentation and was available for comments and questions.
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
None
STAFF/BOARD/APPLICANT DISCUSSION
Board Member Don Glenn asked legal the code regulations and land use for the
subject property, Deputy City Attorney Lawrence Provins explained what the zoning
document for Shadow Creek Ranch specifically states the land use and urban
development code standards that's applicable for the subject property. A discussion
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ensued regarding the land use. Chairperson Mark Lewis asked Staff how many
parking spots were currently on the property, Planning Manager Martin Griggs
informed there were 51 spaces. A discussion ensued in regards to what the impact
would be to the variance the motion was denied or amended. Secretary Teresa Del
Valle asked about the current parking spaces for the current use and the proposed
spaces for the proposed future use. Mr. Provins clarified. Chairperson Mark Lewis
asked the applicant if all future building uses be medical. Mr. Maddox explained.
ADJOURNMENT OF PUBLIC HEARING
ZBA Chairperson Mark Lewis adjourned the public hearing for ZBA Application No.
VARZ 18-00019 at 7:08 p.m.
CONSIDERATION AND POSSIBLE ACTION
Secretary Teresa Del Valle made a motion to approve, Board Member Don Glenn
seconded the motion. The motion was denied 4-0 and 1 Board Member abstained.
ADJOURNMENT
ZBA Chairperson Mark Lewis adjourned the public hearing at 7:08 p.m.
The rrt t- r s•ectf Ily submitted by:
Alma Gon ':'es,
e Assistant
Minutes a oved as submitted and/or corrected on this 6th day of September 2018
A.D.
Acosta, Vice - Chairperson
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