2018-10-04 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 OCTOBER 4, 2018 AT 6:00 P.M. IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DR.
The following Board members were present:
Mark Lewis, Chairperson
Jerry Acosta, Vice -Chair
Teresa J. Del Valle, Secretary
Don Glenn, Board Member
John Gehring, Jr., Alternate
The following members were absent:
Gary Shrum, Board Member
Christopher Tristan, Alternate
City Staff: Lawrence Provins, Deputy City Attorney; Martin Griggs, Planning Manager;
Mohamed A. Bireima, Planner II; Alma Gonzales, Office Assistant and Monica Aizpurua, Office
Assistant.
I. CALL REGULAR MEETING TO ORDER
Chairperson Mark Lewis called the meeting to order at 6:00 p.m.
II. APPROVAL OF MINUTES OF THE SEPTEMBER 6, 2018 MEETING
Secretary Teresa J. Del Valle made a motion to approve the September 6, 2018 minutes.
Board Member Don Glenn seconded the motion. The motion carried 5-0.
III. NEW BUSINESS
A. ZBA APPLICATION NO. VARZ 18-00021
1. CALL PUBLIC HEARING TO ORDER
Chairperson Mark Lewis opened the public hearing for ZBA Application No. VARZ 18-
00021.
2. PURPOSE OF THE HEARING:
A request by Uriel Figueroa, applicant, on behalf of Katherine Kocik Vidrine, owner of
variance and a special exception as permitted by the Unified Development Code,
Ordinance No. 2000-T, to wit: 1. A variance to the front setback per Section 2.4.4.7(c)(2)
and 2. A special exception to allow the expansion of an existing nonconforming use per
Section 2.7.3.7(b)(6).
Page 1 of 3
ZBA minutes 10/04/18
Legal Description: Lot 1, Block 1 Steam Boat Bills Addition, being a replat of a 2.9248 -
acre tract of land situated in the R.B. Lyle Survey, Abstract No. 542, Brazoria County,
recorded in File No. 2018046620.
General Location: 1134 Main Street, Pearland, TX
3. STAFF REPORT
Mr. Bireima presented the Staff Report with exhibits and informed that no phone calls or
comment forms were received for this request. The applicant has indicated the hardship for
requesting the variance is the need to install additional coolers and exterior restrooms,
which was necessary for the operations of the restaurant. The property did not appear to
have a hardship unique to the lot and the criteria for approval of the variance were not met.
Staff did not recommend approval of the variance to reduce the front setback from twenty-
five feet (25') to sixteen feet (16'). On the other hand, the special exception request has met
the criterion that would allow for an expansion of the land area of a nonconforming use. Staff
recommended approval of the special exception request with the condition that an
evergreen vegetative screen be provided and maintained along Main Street as depicted on
the site plan.
4. APPLICANT PRESENTATION
Applicant representative Ernesto Quintanilla 810 S. Mason Rd, Katy TX. 77450, gave a brief
presentation and was available for questions and comments.
5. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
None
6. STAFF/BOARD/APPLICANT DISCUSSION
Secretary Teresa J. Del Valle questioned if Steam Boat Bills was an ice house or a
restaurant.
Planning Manager Martin Griggs replied that it was once Scooters.
Ms. Del Valle asked when the property was annexed to the City.
Mr. Griggs replied that it was annexed in the 80s,
Board member Don Glenn asked if there would be an impact should Knapp Road be
abandoned. Mr. Griggs and Mr. Bireima explained that the pipe supply company access on
Knapp Rd would be impacted.
Vice -Chairperson Jerry Acosta asked if Knapp Rd was going to remain Knapp Rd. Mr.
Bireima explained that the City had once attempted to abandon Knapp Road and but was
not successful.
Chairperson Mark Lewis wanted clarification of the additional parking. Mr. Bireima informed
the proposed restaurant would the parking requirement with the proposed parking addition
after the project is completed.
Page 2 of 3
ZBA minutes 10/04/18
7. ADJOURNMENT OF PUBLIC HEARING
Chairperson Mark Lewis adjourned the public hearing for ZBA Application No. VARZ 18-
00021 at 6:20 p.m.
8. CONSIDERATION AND POSSIBLE ACTION
Board member Don Glenn made a motion to approve the special exception request with the
condition that an evergreen vegetative screen be provided and maintained along Main
Street as depicted on the site plan. Secretary Teresa J. Del Valle seconded the motion. The
motion carried 4 to 1 with Board member Jerry Acosta in opposition. Board member Don
Glenn made a motion to deny the request for the nine (9') foot variance to the twenty-five
foot (25') building setback. Board member John Gehrig seconded the motion. The motion
carried 5 to 0.
IV. ADJOURNMENT
The meeting was adjourned at 6:25 p.m.
These minutes respectfully submitted by:
Moni
Min1.1
-....,
CP
izpurua, Office Assistant
. 1, Y1 .4....;
Mark Lewis, Chairperson
mitted o -'s 1st day of November 2018.
Page 3 of 3
ZBA minutes 10/04/18