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1989-01-10 P&Z Meeting MinutesMINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 10, 1989, AT 7:30 P. M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order with the following present: Chairman Vice Chairman Member Member Member Member Member Code Enforcement Officer Assistant City Secretary Leroy Savoie Al Lentz Benny Frank Mary Starr Helen Beckman Clyde Starns James Garner Ernesto Buenrostro Pat Vaught It was moved by Benny Frank, seconded by Helen Beckman, that the minutes of the meeting of December 20, 1988, be approved as presented. Motion passed 5 to 0, with Members James Garner and Mary Starr abstaining. • •, • 9� • '.�•' a • • •�• • ' .�81 f 11 ■ • •. `ill `{ : 1 •, It was moved by Benny Frank, seconded by Clyde Starns, to remove this item from the table for consideration. Motion passed 6 to 0, with Mary Starr abstaining and excusing herself from the Chambers during the consideration of this agenda item due to possible conflict of interest. APPROVAL OF PRELIMINARY PLAT OF LOSSEN SUBDIVISION, 0.9984 ACRE TRACT OUT OF THE W.D.C. HALL LEAGUE, ABSTRACT #70, AS RECORDED IN VOLUME 748, PAGE 668 OF THE DEED RECODIS OF RRAZORIA COUNTY (2005 E. BFOADWAY) Code Enforcement Officer Ernesto Buenrostro presented a letter from City Attorney Robert Talton written in response to the Commission's request for interpretations at their last meeting. The questions addressed were as follows: does the Planning and Zoning Commission have the authority to grant variances to setback requirements addressed in the subdivision ordinance; should the 25' side building line parallel to Hamm Road be measured from the east or west boundary of the 20' roadway easement; and if there is a need to grant variances for encroachment during the platting process does the Commission or the Zoning Board of Adjustment have the responsibility to grant building line variances. A lengthy discussion ensued concerning possible future building, conforming and non- conforming structures, building lines, rear and side yard requirements, rebuilding restrictions, easements, rights-of-way, hardships on the applicant and variances that could be granted by the Commission or the Zoning Board of Adjustment. Code Enforcement Officer Buenrostro stated the Staff would like to recommend that the right -of -way on Hamm be dedicated so that the future subdivision of lots north of Hamm will be platted accordingly and so that the existing pavement edge is not on the property line and there will be a 60' wide right -of -way corridor. There followed a discussion of ownership of the property and the owner's signature on the final plat. Mr. Buenrostro stated he would check with the city attorney on this matter. It was determined that the plat should be approved as it relates to the subdivision ordinance only. It was moved by Al Lentz that the preliminary plat of Lossen Subdivision be approved with the following stipulations: (1) the 20' roadway easement as shown along Hamm Road be changed to a dedication of right-of-way to the City and no longer shown as an easement, (2) the area of lots A & B be changed to reflect the net area of the lots, that being defined as that area of the lot exclusive of the right-of-way dedications, (3) that the 25' building line along Hamm Road on Lot A be changed to a 20' building line with a 45 degree angle transition adjacent to Lot B and (4) that the 25' building line along Lot B remain the same. Code Enforcement Officer Ernesto Buenrostro suggested that the motion be amended to include the submission of an up -to -date title certificate. The maker of the motion so amended the motion. The motion was seconded by Helen Beckman. The motion passed 6 to 0, with Mary Starr abstaining and absent from the Chamber at this time. APPROVAL OF FINAL PLAT OF LOSSEN SUBDIVISION, 0.9984 ACRE TRACT OUT OF THE W.D.C. HALL LEAGUE, ABSTRACT #70, AS IN VOLUME 748, PAGE 668 OF THE UM REC0BDS OF BRAZORIA COUNTY (2005 E. BROADWAY) It was moved by Clyde Starns, seconded by Benny Frank, that the Final Plat of Lossen Subdivision be approved subject to the same stipulations as the preliminary plat. Motion passed 6 to 0, with Mary Starr abstaining and absent from the chamber at this time. Mary Starr returned to Council Chambers at this time. (ORAL DISCUSSION In a general discussion, the Commission discussed the procedures related to amendments to Ordinance No. 509 which led to a request by the Commission to the city attorney for clarification as to the procedure as outlined in Section 28 of Ordinance No. 509. The meeting adjourned at 9:15 P. M. Minutes approved as submitted and /or corrected this �_ day of , A. D., 1989. 1 Chairm ATTEST: Assistant City Secret