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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. Page 2 of 4 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. Page 3 of 4 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. Page 4 of 4 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