1990-07-24 P&Z Meeting MinutesMINUTES OF A SPECIAL MEETING OF THE PLANNING AND ZONING COMMIS-
SION OF THE CITY OF PEARLAND, TEXAS, HELD ON JULY 24, 1990, 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
Commissioner
Commissioner
Commissioner
Commissioner
Building Official
Assistant City Secretary
James Garner had an excused absence.
APPROVAL OF MINUTES
Al Lentz
Leroy Savoie
Benny Frank
Clyde Starns
Mary Starr
Helen Beckman
Ernesto Buenrostro
Pat Vaught
It was moved by Benny Frank, seconded by Mary Starr, that the
Minutes of the Meeting of July 16, 1990, be approved as submit-
ted.
Motion passed 5 to 0, with Leroy Savoie abstaining.
NEW BUSINESS
CHANGE IN THE ORDER OF BUSINESS
REQUEST OF GARY STAHLHEBER REGARDING MOBILE HOME PARR, WEST 1/2
OF LOT 3, LOTS 4 AND 5, WEST 1/2 OF LOT 11, FIGLAND ORCHARD
SUBDIVISION, ABSTRACT 240 (6402 1/2 W. BROADWAY).
Mr. Stahlheber gave some background information on this property,
explaining he had purchased it from T. P. Castillo in July, 1988.
He stated water and sewer taps have been made by the City and an
engineer has surveyed the tract. He asked the advice of the
Commission as to whether this tract falls under the "grandfather
clause" or whether he should re -zone.
Chairman Al Lentz referred to a letter from City Attorney Lester
Rorick written to Acting City Manager Jim DeShazer in which the
attorney addressed various sections of Zoning Ordinance No. 509.
The Commission discussed abandonment, grandfathering and non-
conforming use and sought to give guidance to Mr. Stahlheber as
to whether he should appear before the Zoning Board of Adjustment
or apply for a zone change which would allow him to develop the
previously unused portion of the tract.
After discussing various issues, it was the consensus of the
Commission that Mr. Stahlheber would have to decide upon which
course of action he wished to take which in turn will determine
which Board, if any, he must refer to regarding the extent of the
development.
DISCUSSION WITH ROBERT FOLEY REGARDING PLAT AMENDMENT OR REPLAT-
TING
Chairman Lentz advised he would call a short recess and asked the
Commissioners to refer to Chapter 212, Municipal Regulation of
Subdivisions and Property Development, pages 434 -437, Sections
212.014 through 212.016 of the Local Government Code, regarding
the next item on the agenda during this recess.
MEETING RECESSED AT 7:53 P. M.
MEETING RECONVENED AT 7:58 P. M.
Mr. Robert Foley gave a history of the property in question on
Washington Irving Street in the Sleepy Hollow Subdivision
and explained how he had given approximately 32 feet from Lot 11
to Lot 12 several years ago to settle a dispute with the new
owner at closing. Recently he attempted to acquire a building
permit to build on Lot 11 and was denied a permit as he did not
have the necessary 80' frontage required by the zoning ordinance
for this subdivision and wanted to build on a lot smaller than
previously platted. Mr. Foley explained he then acquired the
needed 2.8' of frontage from Lot 10 which is owned by his daugh-
ter.
The Commission discussed the fact that these lots were split and
sold by metes and bounds, never having been officially platted.
The Commission reviewed the recorded plats of Sleepy Hollow.
Chairman Lentz advised that the Commission's purpose would be to
give Mr. Foley direction as to whether he needs to file an amend-
ed plat or a replat and this was the reason the Commissioners
were asked to look at the three sections of State law regarding
replats, additional requirements for certain replats, and amend-
ing plats during the recess.
The Commission discussed the concerns of property owners and the
Sleepy Hollow subdivision, in general. Various sections of the
State law regarding amending and replatting were discussed at
length.
It was moved by Leroy Savoie, seconded by Clyde Starns, that Mr.
Foley follow the replatting process because of the concerns of
property owners in the area and so that the Commission might
receive the input of other interested parties at a public hear-
ing.
Chairman Lentz related he had discussed this item with the City
Attorney who felt there were factors on both the amending and the
replatting sides of the issue which apply.
Calling for a vote, motion passed 6 to 0.
ADJOURN
The meeting adjourned at 8:35 P. M.
Mi utes approved as submitted and /or corrected this day of
A. D., 1990.
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ATTEST:
Assistant City Sec tary