2021-06-03 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING VIA TELEPHONE/VIDEO CONFERENCE OF THE
ZONING BOARD OF ADJUSTMENT OF THE CITY OF PEARLAND, TEXAS. HELD ON JUNE
3, 2021 AT 6:00 P.M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DR.
The following Board Members were present:
Jerry Acosta, Vice -Chair
Don Glenn, Board Member
Gary Shrum, Board Member
Christopher Tristan, Alternate
Natasha Charles, Alternate
The following members were absent:
Mark Lewis, Chairperson, Teresa J. Del Valle, Secretary, John H. Gehring Jr., Alternate and Nicole
Tonini, 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
Acting Chairperson, Don Glenn called the meeting to order at 6:05 p.m.
II. APPROVAL OF MINUTES OF THE MAY 6, 2021 MEETING
Board Member, Gary Shrum made a motion to approve the May 6, 2021 meeting minutes.
Alternate, Christopher Tristan seconded the motion. Motion approved 5 to 0.
III. NEW BUSINESS
A ZBA APPLICATION NO. VARZ 21-00007 ACCESSORY STRUCTURE ON
PROPERTY WITH NONCONFORMING USE
1. CALLPUBLIC HEARING TO ORDER
Acting Chairperson, Don Glenn opened the public hearing for ZBA Application No. VARZ
21 - 00007 at 6:07 p.m.
2. PURPOSE OF THE HEARING:
A request by Evaristo Cruz, applicant and owner; for a special exception, as permitted by
the Unified Development Code, Ordinance No. 2000-T, to allow the addition of an accessory
structure on a property with a nonconforming use in the Neighborhood Services (NS)
District, (Section 2 7.3.7), to wit:
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Legal Description: Lot 127 of Ruch Subdivision; a Subdivision of Tract II, out of the
Johnston Subdivision of the Northwest 1/ of the HT&B Section 13, Abstract No. 240.
Brazoria County, TX.
General Location: 6018 Josephine Street, Pearland, TX.
3. STAFF REPORT
Mrs. Buaku presented the Staff Report with exhibits and information on the case. She explained
that the applicant was requesting a Special Exception for the addition of an accessory
garage/storage to a single-family dwelling which was a nonconforming use and the use
occupying the structure shall not be extended to occupy land outside the structure. Staff
received one public comment in support of the Special Exception. Mrs. Buaku informed the
board of the property historical timeline and the criteria for approval. She explained that the
request would need to meet only one criterion. Staff established that the request met one
of the criteria for approving special exceptions and recommended approval with one
condition:
1. Plumbing shall not be installed in the proposed accessory structure.
4. APPLICANT PRESENTATION
Evaristo Cruz, 6018 Josephine St. He is the property owner. He has lived in the area for
over 40 years. He is currently paying a storage company to store some of his things and
would like to build a garage to be able to store many of those items. He is planning to build
to the City's requirement.
5. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
N one
6. STAFF/BOARD/APPLICANT DISCUSSION
N o discussion
7. ADJOURNMENT OF PUBLIC HEARING
Acting Chairperson, Don Glenn adjourned the public hearing for ZBA Application No.
VARZ 21- 000007 at 6:19 p.m.
8. CONSIDERATIONAND POSSIBLEACTION
Alternate, Christopher Tristan made the motion to approve the variance with staffs condition,
that plumbing shall not be installed in the proposed accessory structure. Board member, Gary
S hrum seconded the motion. The motion passed 5 to 0.
B ZBA APPLICATION NO. VARZ21-00008 VARIANCE FOR REDUCE PARKING AND
S ETBACKS
1. CALL PUBLIC HEARING TO ORDER
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Acting Chairperson, Don Glenn opened the public hearing for ZBA Application No. VARZ
21 - 00008 at 6:20 p.m.
2. PURPOSE OF THE HEARING:
A request by Swapna Patel, applicant on behalf of Plate Properties, owner; for a variance, as
permitted by the Unified Development Code, Ordinance No 2000-T, to allow reduced rear and
side setbacks, and reduced parking to accommodate office use in the General Commercial (GC)
District, (Section 2 2 5.2) to wit:
Legal Description: Being a tract of land containing 0.4008 Acres (17,463 SF), situated in the
S ection No. 1, ACH & B Survey, Abstract 147, Brazoria County, Texas,
General Location: Southeast corner of Old Alvin Rd. & Walnut St, Pearland, TX.
3. STAFF REPORT
Mrs Buaku presented the Staff Report with exhibits and information on the case. Mrs Buaku informed
the board of that staff did not receive any public comments either in support or against the request.
S he informed the board of the history of the property. Mrs Buaku explained what the required
setbacks and what the requested setback reduction were, as well as the 10' Right -of -Way road
dedication. Mrs. Buaku explained the parking requirements and the parking reduction request.
S he informed the board of the criteria for approval and that staff would recommend approval with
the following condition:
1. Landscape screening and trees shall be provided along the south property boundary to
meet Section 4.2 4.1(a)(2)(a)(2) and b(ii) of the UDC.
4. APPLICANT PRESENTATION
Swapna Patel, one of the three owners. They would like to utilize the buildings for small office
and medical space rental (6,000 sqft). They are looking to enhance the corner, which could be
helpful to the community. They accepted staff conditions for approval.
5. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
None
6. STAFF/BOARD/APPLICANT DISCUSSION
✓ ice -chair Jerry Acosta questioned what the landscape requirement were. Planning Manager,
Martin Griggs explained the that the landscape requirement was not to be confused with the
buffers in previous cases. Mr. Acosta wanted to make sure that the parking reduction would
not affect the provision of handicap parking spaces. He also wanted to confirm the parking
requirement for a medical vs office space were the same. Ms Patel answered that a handicap
space would be available. Mr. Griggs informed the board that the parking requirements would
be the same. Board member Gary Shrum wanted to verify if a sidewalk would be on the
property. Mrs. Buaku explained that the sidewalks would be required. Mr. Shrum wanted to
make sure that there would be sufficient room for the landscaping against the building. Mrs.
Buaku explained that the tree would be ornamental tree and not shade trees. Mr. Shrum
expressed his concerns with the draining in the area. Mr. Griggs explained the development
options. Alternate, Natasha Charles questioned if there would be any adverse impacts due to
the road expansion. Mr. Griggs explained that during the plat process the dedication would be
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required to accommodate the future road expansion. He further explained that platting would
take place before the building permits are issued.
7. ADJOURNM ENT OF PUBLIC HEARING
Acting Chairperson. Don Glenn adjourned the public hearing for ZBA Application No.
VARZ 21- 00008 at 6:56 p.m.
8. CONSIDERATION AND POSSIBLEACTION
Vice -chair, Jerry Acosta made a motion to approve the variance request with the staff's condition.
Alternate. Natasha Charles seconded the motion. The motion passed 5 to 0.
I[. ADJOURNMENT
Meeting was adjourned at 6:59 p.m.
These minutes respectfully submitted by:
Monifl i • urua, Office Assistant
Minu - ,4f _fay- j - s on this 1 St c . , • July 2021.
Mark Lewis, Chairperson