2022-03-03 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE
CITY OF PEARLAND. TEXAS HELD ON MARCH 3, 2022 AT 6:00 PM IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DR.
CALL TO ORDER
Chairperson Mark Lewis opened the meeting for the Zoning Board of Adjustments Regular
Meeting at 6:02 PM
ZBA Chairperson, Mark Lewis
ZBA Vice Chairperson Jerry Acosta
ZBA Secretary, Teresa Del Valle
ZBA Member, Donald Glenn
ZBA Member, Gary Shrum
ZBA Alternate Member, Christopher Tristan
Also, present were Deputy City Attorney Lawrence Provins, Planning Manager Martin Griggs,
S enior Planner Mohamed Bireima, Planner I Patrick Bauer and Administrative Assistant Shelby
Lowe.
APPROVAL OF MINUTES
Approval of ZBA Meeting Minutes - December 2, 2021.
Chairperson Lewis read into the record the items on Approval of Minutes. Secretary Del Valle
made the motion to approve, Member Shrum seconded the motion.
Motion passed 5-0.
N EW BUSINESS
Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ
22-00001: Special Exception to Reduce Parking Requirement for Dwelling — Multiple -Family Use.
CONSIDERATION AND POSSIBLE ACTION - VARZ22-00001: SPECIAL EXCEPTION TO
REDUCE PARKING REQUIREMENT FOR DWELLING - MULTIPLE -FAMILY USE.
P ublic Hearing: A request of Sarah Gilbert applicant, on behalf of Tranquility Housing LTD,
represented by Ryan Lunderby, owner, for approval of a special exception as permitted by the
Unified Development Code, Ordinance No. 2000-T, to allow for a reduction in the required parking
for a dwelling - multiple -family use (Section 2 7.3.7(b)(2)), to wit
Legal Description: Tract I: Being a 14.14-acre tract of land, located in the H. T. & B. R.R.
Company Survey, Abstract Number (No.) 242, Section 17 Brazoria County, Texas, being all of a
14.14-acre tract conveyed to Tranquility Housing Ltd, recorded under Brazoria County Clerk's File
(B.C.C.F.) No. 2004038625, and out of the plat of Tranquility Bay Apartments, recorded in Volume
24, Pages 222 of Brazoria County Plat Records. Tract II: Being a 1.86 acre tract of land located
in the H. T. & B. R.R. Co. Survey, Abstract No. 242, Section 17 Brazoria County, Texas; said
1 86 acre tract being all of Unrestricted Reserve "B", Tranquility Bay Apartments, a subdivision
plat of which is recorded in Volume 24, Pages 222& 223, Brazoria County Map Records.
General Location 2920 Oak Road, Pearland, TX
Planner I Bauer presented the staff report with exhibits. Planner I Bauer informed the board that
this special exception conforms to the first criteria for approval. Staff recommends approval.
Applicant Representative, Dan O'Mara with Dominium at 2905 Northwest Boulevard, Plymouth,
Minnesota 55075, was in attendance in -person in Council Chambers to answer any questions for
the ZBA Board.
Chairperson Lewis called for public input.
There were no persons wishing to speak for or against the proposed request.
The ZBA Board and Mr. O'Mara discussed the percentage of parking required verses the
percentage of parking used and needed. The ZBA Board then discussed the bus shelter.
No further discussion from Staff, ZBA Board or Public input.
Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ
22-00001' Special Exception to Reduce Parking Requirement for Dwelling — Multiple -Family Use.
Vice Chairperson Acosta made the motion to approve the special exception, Member Shrum
seconded the motion.
Motion passed 5-0.
Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ
22-00002o Side Setback Variance for Development in the Old Town Residential (OT-R) Zoning
District.
CONSIDERATION AND POSSIBLE ACTION — VARZ 22-00002: SIDE SETBACK VARIANCE
FOR DEVELOPMENT IN THE OLD -TOWN RESIDENTAL (OT-R) ZONING DISTRICT
Public Hearing: A request by Swapna Patel, applicant, on behalf of Alkesh Patel, owner, to allow
a variance as permitted by the Unified Development Code, Ordinance No 2000-T, to allow 5-foot
side setbacks in lieu of the required 7.5-foot setback in the Old Townsite Residential (OT-R)
District (Section 2.4.3.4(b)(2)(a)), to wit:
Legal Description: Lots 11, 12, 13 and 14, in Block 31 Pearland Townsite, a subdivision in
Brazoria County, Texas, according to the map or plat recorded in Volume 29, Page 41 of the Deed
Records of Brazoria County, Texas.
General Location: 2527 S. Washington Avenue, Pearland, TX.
Planner I Bauer presented the staff report with exhibits. Planner I Bauer informed the board that
the variance only meets 4 out of the 8 criteria for approval. Staff offers no objection to the variance.
If approved by the ZBA Board, staff then recommends approval of the requested variance with
the following condition:
1. The 5-foot side setback is only applicable if the property is platted in the configuration
shown on the attached site plan (50'x125' lots).
Applicant, Swana Patel at 2643 Katie Harbor Drive, Manvel, Texas 77578, was in attendance in -
person in Council Chambers to present to the ZBA Board. Ms. Patel stated that this is the best
plan for these lots and the next item is like this item.
Chairperson Lewis called for public input.
There were no persons wishing to speak for or against the proposed request.
The Board and staff discussed the staff recommendations. Member Shrum and Planning Manager
Griggs discussed the city's desire to develop the Old Town Site.
N o further discussion from Staff, ZBA Board or Public input.
Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ
22-00002: Side Setback Variance for Development in the Old Town Residential (OT-R) Zoning
District. Member Glenn made the motion to approve with staffs recommended condition, Member
S hrum seconded the motion.
Motion passed 4-1.
Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ
22-00004: Side Setback Variance for Development in Old Town Residential (OT-R) Zoning
District
CONSIDERATION AND POSSIBLE ACTION — VARZ 22-00004: SIDE SETBACK VARIANCE
FOR DEVELOPMENT IN OLD -TOWN RESIDENTAL (OT-R) ZONING DISTRICT
P ublic Hearing: A request by Swapna Patel, applicant, on behalf of Alkesh Patel owner, to allow
a variance as permitted by the Unified Development Code, Ordinance No. 2000-T, to allow 5-foot
side setbacks in lieu of the required 7.5-foot setback in the Old Townsite Residential (OT-R)
District (Section 2 4.3.4(b)(2)(a)), to wit:
Legal Description: Lots 34, 35, 36 and 37, in Block 31 Pearland Townsite, a subdivision in
Brazoria County, Texas according to the map or plat recorded in Volume 29, Page 41 of the Deed
Records of Brazoria County, Texas.
General Location: 2524-2528 S. Texas Avenue, Pearland, TX.
P lanner I Bauer presented the staff report with exhibits. Planner I Bauer informed the board that
the variance only meets 4 out of the 8 criteria for approval Staff offers no objection to the variance.
If approved by the ZBA Board staff then recommends approval of the requested variance with
the following condition:
1. The 5-foot side setback is only applicable if the property is platted in the configuration
shown on the attached site plan (50'x125 lots).
Applicant, Swana Patel at 2643 Katie Harbor Drive, Manvel, Texas 77578, was in attendance in -
person in Council Chambers to answer any questions for the ZBA Board.
Chairperson Lewis called for public input.
Resident, Wendi Farrell at 2525 South Texas Avenue, Pearland, Texas 77581 stated that she is
opposed to this proposed variance due to these duplexes not being comparable to the Sullivan
Brother Old Townsite project and because the proposed project is near her residence.
The ZBA Board and staff discussed the details and logistics of this variance.
No further discussion from Staff, ZBA Board or Public input.
Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ
22-00004: Side Setback Variance for Development in Old Town Residential (OT-R) Zoning
District Member Shrum made the motion to approve with staff's recommended condition, Member
Glenn seconded the motion
Motion passed 4-1.
DISCUSSION ITEMS
No discussion.
ADJOURNMENT
Meeting was adjourned at 7.28 PM
These minutes respectfully submitted by:
Shelby Lowe, A•"' inistrative Assistant
Minutes approved as submitjpd on this 5th day of May 2022.
Mark Lewis, Chairperson