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2018-09-06 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 SEPTEMBER 6, 2018 AT 6:00 P.M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DR. The following were present: ZBA Vice -Chairperson Jerry Acosta ZBA Secretary Teresa J. Del Valle Board Member Gary Shrum Alternate Board Member John Gehring, Jr. City Staff: Deputy City Attorney Lawrence Provins, Planning Manager Martin Griggs, Planner II Mohamed Bireima and Office Assistant Alma Gonzales. ZBA Vice - Chairperson Jerry Acosta called the meeting to order at 6:02 p.m. APPROVAL OF MINUTES OF THE AUGUST 9, 2018 MEETING ZBA Secretary Teresa J. Del Valle made a motion to approve the August 9, 2018 minutes with an amendment to change the Alternate Board Member title of Ms. Del Valle to Board Member title in the minutes. Board Member Gary Shrum seconded the motion. The motion carried 4-0. NEW BUSINESS ZBA APPLICATION NO. VARZ 18-00022 CALL PUBLIC HEARING TO ORDER ZBA Vice - Chairperson Jerry Acosta opened the public hearing for ZBA Application No. VARZ 18-00022 PURPOSE OF HEARING: A request by Gerald L. Koza, Jr., Associated Properties, Inc., applicant and owner; for a variance and a special exception as permitted by the Unified Development Code, Ordinance No. 2000-T, to wit: 1. An 8' variance to the minimum 25' rear setback per Section 2.4.4.7(c)(2); and 2. A special exception for existing site conditions per Section 2.7.3.7(b)(7). Legal Description: Lot 1, Block 1 of the Associated Industrial Park II, being 4.020 acres in the H.T. & B.R.R. Company Survey, Abstract No. 542, City of Pearland, Brazoria County, Texas (File No. 2015000517). Page 1 of 9 ZBA minutes 09/06/18 General Location: 3902 Alice Street, Pearland, TX 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 property did not appear to have a physical hardship unique to the lot; therefore, the criteria for approval is not met. Staff did not recommend approval of the variance and the special exception requests. APPLICANT PRESENTATION Applicant Gerald Koza, Jr., 2823 Knobhill, Pearland TX 77581, gave a brief presentation and was available for questions and comments. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None STAFF/BOARD/APPLICANT DISCUSSION Board Member Gary Shrum asked for clarification on which side of the commercial strip the variance would be for. Mr. Bireima and Deputy City Attorney Lawrence Provins gave Mr. Shrum further information. The applicant Mr. Koza added that they would be happy with the 120 foot expansion if requested by the Board. Secretary Teresa Del Valle asked where the location of the detention pond. Mr. Koza informed the two locations of the retention ponds. Vice -Chair Jerry Acosta asked applicant if the property was subdivided, Mr. Koza informed. Ms. Del Valle asked Staff if the variance was approved would it include additional site conditions. Mr. Bireima explained the plat requirements of a site plan would include facade, landscaping, parking and sidewalks and screening. Ms. Del Valle asked if the other portion of the said property in compliance with landscape and sidewalk standards. Mr. Bireima and Planning Manager Martin Griggs explained the compliance would be for the whole site. A discussion ensued in regards why Staff did not recommend approval and the criteria's. Mr. Shrum commented on replatting the property may eliminate the variance request. Mr. Provins explained the replat would only eliminate the variance for the setbacks. Mr. Griggs agreed. ADJOURNMENT OF PUBLIC HEARING ZBA Vice - Chairperson Jerry Acosta adjourned the public hearing for ZBA Application No. VARZ 18-00022 at 6:34 p.m. CONSIDERATION AND POSSIBLE ACTION Board member Mr. Shrum made a motion to amend section 1 of the variance for the Page 2 of 9 ZBA minutes 09/06/18 rear setback to limit the variance to the western 150' of the property and approve the special exception for non -conforming in section 2, Secretary Ms. Del Valle seconded the motion. The amended motion as requested carried 4-0. Vice -Chair Jerry Acosta made a motion to approve the variance with exceptions, Board member Mr. Shrum seconded the motion. The motion carried 4-0. ZBA APPLICATION NO. VARZ 18-00023 CALL PUBLIC HEARING TO ORDER ZBA Vice - Chairperson Jerry Acosta opened the public hearing for ZBA Application No. VARZ 18-00023. PURPOSE OF HEARING: A request by Lucas Raper, Tradition Outdoor Living, applicant, on behalf of Hoan Tran, owner; for a 10 -foot variance to the required 20' rear setback per Section 2.4.2.2(c), as permitted by the Unified Development Code, Ordinance No. 2000-T, to allow for the addition of a patio cover, to wit: Legal Description: Lot 4, Block 4 of the Southern Trails Addition, Section 11, being a 7,817 -square foot lot in the H.T. & B.R.R. Company Survey, Section 80, Abstract No. 564, City of Pearland, Brazoria County, Texas (File No. 2011051468). General Location: 3406 Bristol Banks Court, Pearland, TX STAFF REPORT Mr. Bireima presented the Staff Report with exhibits and informed that 3 comment forms were received in favor of the request. Mr. Bireima included that the applicant had stated their hardship for requesting the variance is the small size of the lot which does not allow to meet the rear setback requirement for an attached covered patio. The property did not appear to have a physical hardship unique to the lot; therefore, the criteria for approval is not met. Staff did not recommend approval of the 10' variance to the twenty- five feet (25') rear setback requirement. APPLICANT PRESENTATION Homeowner Hoan Tran, 34606 Bristol Banks Court, Pearland TX. 77584, gave a brief explanation of his intentions to build the patio cover and was available for comments and questions. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Page 3 of 9 ZBA minutes 09/06/18 None STAFF/BOARD/APPLICANT DISCUSSION Secretary Ms. Del Valle asked Staff for clarification on special exception for an R3 -PUD zoning. Planning Manager Martin Griggs explained the subdivision requirements. Board member Mr. Shrum asked Staff setbacks in regards to a neighboring pool. Mr. Griggs provided the setback requirements for a pool. A discussion ensued in regards to setback requirements for a concrete slab. Planner Mr. Bireima explained in some cases concrete slabs would not be subject to setbacks. Ms. Del Valle asked if the lots were separated by wood fences and how tall were the fences, Mr. Griggs informed yes the 6 foot fences separated the lots. Mr. Shrum inquired on the utility easements, Mr. Bireima gave the explanation. Ms. Del Valle asked if granting the variance it would change the dynamics of the subdivision and lot coverage. Deputy City Attorney Lawrence Provins explained the hardship and adjacency issues. ADJOURNMENT OF PUBLIC HEARING ZBA Vice - Chairperson Jerry Acosta adjourned the public hearing for ZBA Application No. VARZ 18-00023 at 6:54 p.m. CONSIDERATION AND POSSIBLE ACTION Alternative Board member John Gehring made a motion to approve, Board member Mr. Shrum seconded the motion. The motion was denied 4-0. ZBA APPLICATION NO. VARZ 18-00024 CALL PUBLIC HEARING TO ORDER ZBA Vice - Chairperson Jerry Acosta opened the public hearing for ZBA Application No. VARZ 18-00024. PURPOSE OF HEARING: A request by Ashkon Godarzi, applicant, on behalf of Farzaneh Godarzi, owner; for a 10 -foot variance to the required 25' rear setback per Section 2.4.2.2(c), as permitted by the Unified Development Code, Ordinance No. 2000-T, to allow for the construction of a new single-family home, to wit: Legal Description: Lot 1, Block 1 of Farzaneh Estates, being a 0.8987 acre in the H.T. & R.R. Company Survey, Abstract No. 506, Brazoria County, Texas (File No. 2017051869). Page 4 of 9 ZBA minutes 09/06/18 General Location: 2201 Linda Lane, Pearland, TX STAFF REPORT Mr. Bireima presented the Staff Report with exhibits and informed that 3 comment forms were received, 2 in favor of the request and 1 opposed. Mr. Bireima added that the applicant had stated their hardship for requesting the variance is the narrow lot depth resulting from the land dedications to public use. The property did not appear to have a physical hardship unique to the lot; therefore, the criteria for approval was not met. Staff did not recommend approval of the 10' variance to the twenty-five feet (25') rear setback requirement. APPLICANT PRESENTATION Representative Darius Godzari, 3301 Onion Creek, Sugarland TX gave a brief presentation and was available for questions and comments. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Pat Cooper, 2150 Linda Ln., Pearland, TX. 77584 was opposed due to concerns encroaching too close to neighbor's property lines and potential drainage issues. STAFF/BOARD/APPLICANT DISCUSSION ZBA Board asked Staff the location of the residence lot to which the comment forms that were received in favor of the request. Mr. Bireima informed the location. A discussion ensued in regards to the comment forms received and the locations of those residents. Vice -Chair Mr. Acosta clarified the residents in favor are the residents behind of said property and the resident opposed of the request is the home across the street. Ms. Del Valle asked if the placement of the house be moved 10 feet south so as to not encroach and no need for a variance. Mr. Bireima explained the property owner would still need to comply with the 40 foot setback and 25 foot rear setback and still have to add a detention pond. Discussion ensued in regards to the setbacks. ADJOURNMENT OF PUBLIC HEARING ZBA Vice - Chairperson Jerry Acosta adjourned the public hearing for ZBA Application No. VARZ 18-00024 at 7:21 p.m. CONSIDERATION AND POSSIBLE ACTION Secretary Ms. Del Valle made a motion to approve as presented, Board member Mr. Shrum seconded the motion. The motion carried 4-0. ZBA APPLICATION NO. VARZ 18-00025 Page 5 of 9 ZBA minutes 09/06/18 CALL PUBLIC HEARING TO ORDER ZBA Vice - Chairperson Jerry Acosta opened the public hearing for ZBA Application No. VARZ 18-00025. PURPOSE OF HEARING A request of Jim Maddox, applicant, on behalf of Sambav LLC, owner, represented by Trung Dinh; for a variance or special exception as permitted by the Unified Development Code, Ordinance No. 2000-T, to reduce 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 and informed that 1 comment form was received undeliverable. Staff does 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. Staff does recommend approval of the special exception to allow for the number of parking spaces located on Reserve B to satisfy the total required parking for a dialysis center allowing the parking located on Reserve A to not be counted toward the minimum requirement for the existing use. The plat of the property in 2016 created potential for a nonconforming parking configuration to be maintained. The subdivision of Lot 4A made existing parking for uses on Reserve B incapable of satisfying the minimum parking requirement affecting potential development of Reserve A. This special exception would allow a building to be built on Reserve A, meeting the required setbacks of the district, provided that no greater than 21 parking spaces are required. If more parking spaces are required then a reconfiguration of the parking arrangement would be required by the owner/developer. Staff also recommends that a condition of approval for the special exception be that no change of use be granted for Reserve B, the dialysis center, unless the new use meets the available parking count and ratio provided on Reserve B. Page 6 of 9 ZBA minutes 09/06/18 APPLICANT PRESENTATION Representative Jim Maddox, 11251 Richmond Ave. F #101, Houston TX 77082, gave a brief presentation and was available for questions and comments. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST None STAFF/BOARD/APPLICANT DISCUSSION Ms. Del Valle asked Staff for clarification on the approval of the special exception and how would this exception be enforced. Mr. Griggs explained there would be a lock placed on the parcel through the Trakit system used when permitting to be able to reference back to when reviewing for a permit. Deputy City Attorney Lawrence Coker explained the occupancy requirements and criteria. Mr. Griggs added information on the parking ratio if it was to change due to change of occupancy. Ms. Del Valle asked what was the difference from the parking ratio presented at this meeting then from the last meeting. Mr. Griggs explained first it was the variance asking for 1 to 300 this meeting it's presented from 1 to 200 or the special exception just granting parking on either of the 2 lots. Mr. Provins gave a brief explanation on focusing on Reserve B. Mr. Shrum asked for clarity on not reducing parking spaces. Mr. Bireima agreed. ADJOURNMENT OF PUBLIC HEARING ZBA Vice - Chairperson Jerry Acosta adjourned the public hearing for ZBA Application No. VARZ 18-00025 at 7:37 p.m. CONSIDERATION AND POSSIBLE ACTION Mr. Griggs re -instated that Staffed recommended not to approve the variance but to approve the special exception to allow a number of parking spaces on reserve B to satisfy the total required parking for a dialysis center allowing the parking located on Reserve A to not be counted toward the minimum requirement for the existing use. Staff also recommends that a condition of approval for the special exception be that no change of use be granted for Reserve B, the dialysis center, unless the new use meets the available parking count and ratio provided on Reserve B. Board member Mr. Shrum made a motion, Alternative Board member Mr. Gehring seconded the motion. The motion carried 4-0. OLD BUSINESS ZBA APPLICATION NO. VARZ 18-00004 Page 7 of 9 ZBA minutes 09/06/18 CALL PUBLIC HEARING TO ORDER ZBA Vice - Chairperson Jerry Acosta opened the public hearing for ZBA Application No. VARZ 18-00004. PURPOSE OF HEARING DISCUSSION - ZBA APPLICATION NO. VARZ 18-00004 A request of R&N Developers, represented by Nitin Narang, applicant/owner; for an extension of a previously approved variance as permitted by the Unified Development Code, Ordinance No. 2000-T, to increase the maximum height for a single-family home per Section 2.4.2.2. Refer to page 44 of the March 1, 2018 Agenda Packet. CONSIDERATION AND POSSIBLE ACTION - ZBA APPLICATION NO. VARZ 18-00004 A request of R&N Developers, represented by Nitin Narang, applicant/owner; for an extension of a previously approved variance as permitted by the Unified Development Code, Ordinance No. 2000-T, to increase the maximum height for a single-family home per Section 2.4.2.2. Legal Description: A 9.8730 acre tract of land, being a part and out of a called 19.880 acre tract (4.52 acre tract & 15.23 acre tract combined) situated in the W.T. Dodson Survey, Abstract No. 187, Brazoria County, Texas, said 9.8730 acres recorded in Brazoria County Clerk's File No. 2014-037948. General Location: 1458 Stone Road, Pearland, TX 77581. STAFF REPORT Planning Manager Martin Griggs explained this old business was for an extension on a variance that was approved previously in March 2018. The extension was to allow applicant to currently work on the drainage and design phase for future permitting. Staff recommended approval. The applicant would be granted the extension until March 2019 and if not completed by that time, the applicant would have to request another variance. Action time was requested by the ZBA Board for this extension. APPLICANT PRESENTATION None PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST Page 8 of 9 ZBA minutes 09/06/18 None STAFF/BOARD/APPLICANT DISCUSSION No discussion from the Board ADJOURNMENT OF PUBLIC HEARING None CONSIDERATION AND POSSIBLE ACTION Secretary Ms. Del Valle made a motion to approve the extension, Board member Mr. Shrum seconded the motion. The motion carried 4-0. ADJOURNMENT Vice - Chairperson Jerry Acosta adjourned the meeting at 7:43 p.m. The e minutes respectfully submitted by: Alma Go ' .les, ice Assistant Min_ t-,; . • •roved as submitted and/or corrected on this 6th day of September 2018 A osta, Vice - Chairperson Page 9 of 9 ZBA minutes 09/06/18