2020-01-20 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESMINUTES OF THE MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF
PEARLAND, TEXAS. HELD ON JANUARY 2, 2020 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
Gary Shrum, Board Member
Don Glenn, Board Member
John H. Gehring, Jr., Alternate
Christopher Tristan, Alternate,
City Staff: Lawrence Provins, Deputy City Attorney; Martin Griggs, Planning Manager; Florence
Buaku, Planner II; 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 DECEMBER 5, 2019 MEETING
Secretary, Teresa J. Del Valle made a motion to approve the December 5, 2019 meeting
minutes. Board member, Gary Shrum second the motion. The motion carried 5 to 0.
III. NEW BUSINESS
A. ZBA APPLICATION NO. VARZ 19-000017
1. CALL PUBLIC HEARING TO ORDER
Chairperson, Mark Lewis opened the public hearing for ZBA Application No. VARZ 19-
000017 at 6:02 p.m.
2. PURPOSE OF THE HEARING:
A request by Denise Vargo, applicant, on behalf of Fatgo Holdings LLC, owner;
for a variance, as permitted by the Unified Development Code, Ordinance No.
2000-T, to allow a reduction in the required 30' setback from the right-of-way for
off-street parking in the Corridor Overlay District to accommodate a chiropractic
and wellness center (Section 2.4.5.1(c)(2)), to wit:
Legal Description: Lot 3-2A, Block 3 of the Skyway Manor Subdivision, a
subdivision of 68.24 acres out of the Northwest one quarter of the H.T. & B.R.R.
CO. Survey Abstract No. 241 Brazoria County, Texas.
Page 1 of 3
ZBA minutes 01/02/20
General Location: 2723 Manvel Road, Pearland TX
3. STAFF REPORT
Mrs. Buaku presented the Staff Report with exhibits and information on the case. Mrs. Buaku
informed the board that the variance was for a 70% reduction in the required setback to be
used for the required parking, landscaping screening/buffering and detention for the
proposed nonresidential use. She informed the board that the road accessible to the
property was previously used to connect to Broadway (518) and how it had since been
closed, leaving the road a dead end. Mrs. Buaku explained that the applicant was proposing
to construct 15 parking spaces, and how it would exceed the minimum 10 parking space
requirements. Mrs. Buaku informed the board of the property's hardship due to the irregular
shaped lot, as well as the change of use of the property from residential to commercial. She
however concluded that staff did not recommend approval for the variance because the
requested 70% reduction from the required setback constituted a major deviation.
APPLICANT PRESENTATION
Dr. Denise Vargo, address 2503 Northfork Ct. Pearland, TX.77584
Dr. Vargo informed the board that the street where the property was located was abandoned
and during different times of the day, had no traffic running through it. She continued to
inform the board how the City of Pearland's setback measurements were different from other
jurisdictions. She explained how as a small business owner, she would like to have the
opportunity to enhances the property which would help the City of Pearland.
PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
None
4. STAFF/BOARD/APPLICANT DISCUSSION
Board member Gary Shrum questioned, the applicant if she would consider reducing the
parking spaces. Dr. Vargo answered that she would consider but it would be costly due to
the plans being drawn up, in addition, the parking spaces would be needed for staff as well
as patients. Dr. Vargo informed the board that she would like to prevent having anyone from
parking on the road. Mr. Shrum questioned staff, if the 70% if considered by the board,
would be outside of the board's authority. Mr. Provins answered that typically anything over
50% would be considered over writing the ordinance, but it would come down to the board's
interpretation, City Council's or anyone else's interpretation etc. Board member Teresa Del
Valle questioned, how many other businesses use the road in question. Dr. Vargo answered
at least 3 other businesses/home owners, however they would not drive pass her property.
Mr. Provins informed the board that the road was used more for off street parking and that
the City was familiar with it being an issue from the previous owner, who used the property
in question as her residence. Mr. Provins explained how the connection from 518 has been
taken away by TexDot, and how it was still a public right of way that was not abandoned.
Board member Don Glen questioned staff about the Corridor Overlay District location along
Manvel Rd. Mr. Griggs answered that the Corridor Overlay District was along that part of
Page 2 of 3
ZBA minutes 01/02/20
the road. Board member Teresa Del Valle questioned the board if the property would allow
for 15 parking spaces. Mr. Griggs answered, that he was not an engineer but suggested
options. Dr. Vargo responded, that changing the parking would be impacting her financially.
5. ADJOURNMENT OF PUBLIC HEARING
Chairperson, Mark Lewis adjourned the public hearing for ZBA Application No. VARZ19-
00017 at 6:33 p.m.
6. CONSIDERATION AND POSSIBLE ACTION
Board member, Gary Shrum made a motion to conditionally approve the variance with 50%
instead of the 70%. Board member, Don Glenn seconded the motion. The motion carried 2
to 3. Variance denied.
IV. ADJOURNMENT
Meeting was adjourned at 6:35 p.m.
These minutes respectfully submitted by:
Moni
rua, • ice Assistant
Minu es approved as.submitted on this 6th day of February, 2020.
Mark Lewis, Chairperson
Page 3 of 3
ZBA minutes 01/02/20