2021-07-01 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 JULY
1, 2021 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 -Chairperson
Teresa J Del Valle, Secretary
Don Glenn, Board Member
Gary Shrum, Board Member
Christopher Tristan, Alternate
Natasha Charles, Alternate
Nicole Tonini, Alternate
The following members were absent:
John H. Gehring Jr., Alternate
City Staff: Lawrence Provins, Deputy City Attorney; Mohamed Bireima, Senior Planner; Florence
Buaku, Planner II; and Monica Aizpurua, Office Assistant
I. CALL REGULAR MEETING TO ORDER
Chairperson, Mark Lewis called the meeting to order at 6:07 p.m.
II. APPROVAL OF MINUTES OF THE JUNE 3, 2021 MEETING
Board Member, Don Glenn made a motion to approve the June 3, 2021, meeting minutes. Board
member, Gary Shrum seconded the motion. Motion approved 5 to 0.
III. ITEMS REMOVED FROM THE AGENDA
VARZ21-00011, 1234 Broadway St. — Variance for reduced parking. Applicant has requested to
withdraw the application.
VARZ21-00012, 1710 Broadway St — Variance for parking setback. This meeting will be moved to
the July 15, 2021 Special Meeting.
VARZ21-00006, 16630 Berry Rd. — Variance for front yard fence height. Applicant requested to
withdraw the application after the agenda was published.
IV. NEW BUSINESS
A ZBA APPLICATION NO. VARZ 21-00010: VARIANCE FOR A REDUCED
LANDSCAPE BUFFER FOR A DRIVE-THRU RESTAURANT
1. CALLPUBLIC HEARING TO ORDER
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Chairperson, Mark Lewis opened the public hearing for ZBA Application No. VARZ 21 -
00010 at 6:10 p.m.
2. PURPOSE OF THE HEARING:
A request by Alan Mueller, applicant on behalf of Jeff Barnett, owner; for a variance, as permitted
by the Unified Development Code, Ordinance No 2000-T, to allow a reduced Corridor Overlay
District front landscape buffer for a proposed restaurant with drive-thru service in the General
Business (GB) District (Section 2 2 5.2 (d)), to wit:
Legal Description: Being 1.3552 Acres (59,031 sf) out of Lot 3 Block 1 of Achour
subdivision according to the map or plat thereof, recorded in the County Clerk's file No.
2010029392, of the map records of Brazoria County Texas.
General Location: 1321 Broadway Street., Pearland, TX.
3. STAFF REPORT
Mrs Buaku presented the Staff Report with exhibits and information on the case. She explained
that the variance request was for a setback reduction from 30' to 25' because the property
was located in the Corridor Overlay District Staff did not receive public comments regarding
this request. Mrs Buaku explained the history of the property She informed the board that
a creek divided the property into two parts, making it an irregular shaped lot. Mrs Buaku
informed the board that neither the County nor the City would allow development within the
floodway and that the creek and floodway has reduced the buildable area on the property.
She explained that the requested 25-foot landscape buffer would be adequate to provide
needed buffering and parking screening Based on the variance criteria staff recommended
the approval of a reduced parking setback/landscaping buffer within the Corridor Overlay
District.
4. APPLICANT PRESENTATION
Jeff Barnett (property owner), 2730 Leroy St. Pearland, TX. Jeff is the owner of Texas
Flange and Pearland Coffee Roasters. Jeff bought the property to open a new location for
Pearland Coffee Roasters.
Alan Mueller, 4201 Broadway St Pearland, TX. Alan explained the hardships on the
property and the need for the requested variance.
5. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
None
6. STAFF/BOARD/APPLICANT DISCUSSION
Board member Gary Shrum suggested trying to preserve the large trees on the property and that
he had seen BDD-4 working along the creek nearby. Mr. Mueller informed the board that the work
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that was being done would not change the existing creek to reclaim property Lawrence Provins
informed the board that the floodway would still not allow the construction. Chairperson
questioned if the building would only be a drive-thru or if they would have parking. Mr. Mueller
informed the board that they would have a small area to order.
7. ADJOURNMENT OF PUBLIC HEARING
Chairperson, Mark Lewis adjourned the public hearing for ZBA Application No. VARZ
21- 000010 at 6:28 p.m.
8. CONSIDERATION AND POSSIBLE ACTION
Vice -chairperson, Jerry Acosta made the motion to approve the variance as presented Secretary,
Teresa Del Valle seconded the motion. The motion passed 5 to 0.
V. ELECTION OF OFFICERS
Board Member Gary Shrum motioned to reelect Chairperson Mark Lewis as Chairperson; Mr.
Lewis accepted. Vice -Chairperson Jerry Acosta seconded the motion, the motion carried 5-0.
Secretary Teresa Del Valle motioned to reelect Vice -Chairperson Jerry Acosta for Vice -
Chairperson, Mr. Acosta accepted, Board Member Gary Shrum seconded the motion, the motion
carried 5-0 Board Member Gary Shrum motioned to reelect Teresa Del Valle for Secretary, Board
member Don Glenn seconded the motion, the motion carried 5-0.
VI. DISSCUSSION ITEMS
ZBA TRAINING — Will be postpone to a future agenda. Mr. Lewis expressed interest in wanting
to know more about rules/regulations when dealing with online meetings vs in -person meetings.
Mr. Shrum would like to see how the board members could have more discussions during the
meeting before the voting.
VII. ADJOURNM ENT
Meeting was adjourned at 6:37 p.m.
These
Monica
tes respectfully submitted by:
urua, Administrative Assistant
Minutes approved as sub itted on this 2r'd day of September 2021.
e ore
/%.-
71
/J
Mark Lewis, Chairperson
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