2021-01-07 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESPage 1 of 4
MINUTES OF THE REGULAR M EETING VIA TELEPHONE/VIDEO CONFERENCE OF THE
ZONING BOARD OF ADJUSTMENT OF THE CITY OF PEARLAND, TEXAS. HELD ON JANUARY
7, 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-Chair
Teresa J. Del Valle,
Secretary
Don Glenn, Board Member
Christopher Tristan,
Alternate
Natasha Charles, Alternate
Nicole Tonini, Alternate
The following members were absent:
Gary Shrum, Board Member and John H. Gehring, Jr., Alternate
City Staff: Lawrence Provins, Deputy City Attorney; Martin Griggs, Planning Manager; Florence
Buaku, Planner II; and Monica Aizpurua, Office Assistant.
I.CALL REGULAR M EETING T O ORDER
Chairperson, Mark Lewis called the meeting to order at 6:05 p.m.
II.APPROVAL OF MINUTESOF THE DECEMBER 3, 2020 MEETING
Board Member, Don Glenn made a motion to approve the December 3, 2020 meeting
minutes. Alternate Natasha Charles seconded the motion. Motion approved 5 to 0.
III.NEW BUSINESS
A.ZBA APPLICATION NO. VARZ 20-00013 SPECIAL EXCEPTION SPECIAL
EXCEPTION FOR ADDITION TO PROPERTY WITH NONCONFORMING
STRUCTURES
1.CALL PUBLIC HEARING TO ORDER
Vice-Chair, Jerry Acosta opened the public hearing for ZBA Application No. VARZ 20 -
00013 at 6:14 p.m. Chairperson, Mark Lewis had to recuse himself from this case due to a
conflict of interest.
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2.PURPOSE OF THE HEARING:
A request by Todd and Jennifer Neilon, applicants and owners; for a Special Exception, as
permitted by the Unified Development Code, Ordinance No. 2000-T, to allow the
construction of an accessory structure on a property with nonconforming structures in the
Single Family Residential-3 (R-3) District, (Section 2.7.3.7(a)(4)), to wit:
Legal Description: Lot 16, Block 1, of Southwyck, Section 8, Phase Three (J), An addition
in Brazoria County, Texas according to the map or plat thereof recorded in Volume 19, Page
7g7a4 of the map records of Brazoria County, Texas
General Location: 3215 S Nolan Ct, 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 Special Exception was to allow the addition of a swimming pool
on a property with nonconforming structures. No public comments were received. Mrs. Buaku
informed the board of the historical timeline of the property as well as the unpermitted
expansion of the principal structure and how the structure is encroaching the utility easement.
Staff is recommending approval on the Special Exception with the two conditions.
(1)All accessory structures within the 16-foot utility easement on the rear of the property
be removed prior to the permitting and construction of the proposed pool.
(2)The property owner shall record an encroachment agreement with the major
companies with utilities located within the utility easement.
4.APPLICANT PRESENTATION
Todd Neilon - 3215 S Nolan Ct, Pearland, TX. Mr. Nolan explained how a new survey had
been done on the property and what part of the home was encroaching in the utility
easement. They have received the encroachment agreements from all the utility
companies within the utility easement and Center Point had requested for the shed be
removed within a 30-day grace period.
Jennifer Neilon - 3215 S Nolan Ct, Pearland, TX. Their desire is to be in compliance with
the City.
5.PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
None
6.STAFF/BOARD/APPLICANT DISCUSSION
There was no staff and board discussion.
7.ADJOURNM ENT OF PUBLIC HEARING
Vice-Chair, Jerry Acosta adjourned the public hearing for ZBA Application No. VARZ
20- 000013 at 6:34 p.m.
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8.CONSIDERATIONAND POSSIBLEACTION
Board member, Don Glenn made a motion to approve the Special Exception with staff’s
condition. Alternate, Christopher Tristan seconded the motion. The motion passed 5 to 0.
B.ZBA APPLICATION NO. VARZ20-00014 VARIANCE FOR REDUCTION IN PARKING
AND LANDSCAPE BUFFER
1.CALL PUBLIC HEARING TOORDER
Chairperson, Mark Lewis opened the public hearing for ZBA Application No. VARZ 20 -
00014 at 6:38 p.m.
2.PURPOSE OF THEHEARING:
A request by Carrie Sheldon, Helm Design Group LLC, Applicant on behalf of Abimbola and
Adekunle Aderibigbe, owners; for a variance, as permitted by the Unified Development
Code, Ordinance No. 2000-T, to allow a reduced landscape buffer and reduced parking for
a proposed restaurant with drive-thru service in the Neighborhood Service (NS) District
(Section 2.2.5.2 (d)), to wit:
Legal Description: Being 0.2557 acres, situated in the WDC Hall League, Abstract 70,
Being part of lot A, in commercial Tract B of Shadycrest Subdivision in Brazoria County
Texas, according to map or plat thereof recorded in Volume 8, Pages 95-96 of the Plat
records of Brazoria County, Texas.
General Location: 2024 Broadway 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 the applicants request to reduce the landscape buffer and parking. Staff
received two written comments against the request, due to traffic and the drive- through
congestion. Mrs. Buaku explained the hardship on the property due to the size of the lot
and the new landscape buffer requirements for the Corridor Overlay District. Staff had
determined that the request met the criteria for approval of a variance and recommended
approval.
4.APPLICANT PRESENTATION
Carrie Sheldon, Helm Design Group LLC informed the board that building would be a drive-
through only.
5.PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
Jennifer Hendricks - 6126 Ravenwood Dr. Pearland, TX. 77584 She represents the
Engineering Department for the project. She explained that if they can make the plan work
with TEXDOT’s detention and the approval of the variances, this would be the only type of
project for this property.
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Jim Helm, Helm Design Group LLC
6.STAFF/BOARD/APPLICANT DISCUSSION
Vice-Chair, Jerry Acosta questioned the landscape setback and if the fire lane requirement
would be met. Mrs. Florence explained. There were discussions on an area on the site plan
labelled permeable finish, traffic, dumpster setback and parking requirements.
7.ADJOURNM ENT OF PUBLIC HEARING
Chairperson, Mark Lewis adjourned the public hearing for ZBA Application No. VARZ
20- 00014 at 7:10 p.m.
8.CONSIDERATIONAND POSSIBLEACTION
Secretary, Teresa J. Del Valle made a motion to approve the variance request. Board member,
Don Glenn seconded the motion. The motion failed 2 to 3. Secretary, Teresa J. Del Valle, Vice-
Chair, Jerry Acosta and Alternate, Natasha Charles in opposition.
IV.ADJOURNM ENT
Meeting was adjourned at 7:13 p.m.
These minutes respectfully submitted by:
Monica Aizpurua, Office Assistant
Minutes approved as submitted on this 4th day of March
Mark Lewis, Chairperson