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2022-05-05 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 MAY 5 2022 AT 6:00 PM IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DR. CALL TO ORDER Vice Chairperson Acosta opened the meeting for the Zoning Board of Adjustments Regular Meeting at 6:01 PM ZBA Vice Chairperson, Jerry Acosta ZBA Secretary, Teresa Del Valle ZBA Member, Gary Shrum ZBA Alternate Member, Natasha Charles Also, present were Deputy City Attorney Lawrence Provins, Senior Planner Mohamed Bireima, P lanner I Patrick Bauer and Administrative Assistant Shelby Lowe. APPROVAL OF MINUTES Approve the ZBA Meeting minutes from March 3, 2022. Vice Chairperson Acosta read into the record the items on Approval of Minutes. Member Shrum made the motion to approve, Secretary Del Valle seconded the motion. Motion passed 4-0. N EW BUSINESS Vice Chairperson Acosta read into the record the items on Consideration and Possible Action VARZ 22-05: Side Setback Variance for Residence in Single -Family Residental-1 (R-1) Zoning District. CONSIDERATION AND POSSIBLE ACTION — VARZ 22-05: SIDE SETBACK VARIANCE FOR RESIDENCE IN SINGLE-FAMILY RESIDENTIAL-1 (R-1) ZONING DISTRICT Public Hearing: A request of Aldo and Veronica Gonzalez, applicant and owner, for approval of a variance as permitted by the Unified Development Code Ordinance No. 2000-T, to allow 5-foot side setback in the Single -Family Residential (R-1) District (Section 2.42.5(c)(2)(b)), to wit: Legal Description: Lot 206, in Block 4, Green Tee Terrace, Section 2, a subdivision in Harris County, Texas according to the map or plat recorded in Volume 172, Page 11 of the Map Records of Harris County, Texas. General Location: 2403 Country Club Drive, Pearland, TX. P lanner I Bauer presented the staff report with exhibits. Planner I Bauer informed the board that this variance conforms to the criteria for approval. Staff recommends approval. The applicant was not present. Vice Chairperson Acosta called for public input. There were no persons wishing to speak for or against the proposed request. The Zoning Board of Adjustments and staff discussed the specific site plan and the setback requirements on each side of the property. Alternate Member Charles asked staff if there were any concern from residents. Planner I Bauer stated that there were no concerns with the proposed variance, but several residents did inquire with staff about this project. N o further discussion from Staff, ZBA Board or Public input. Vice Chairperson Acosta read into the record the items on Consideration and Possible Action VARZ 22-05: Side Setback Variance for Residence in Single -Family Residental-1 (R-1) Zoning District. Secretary Del Valle made the motion to approve the variance, Member Shrum seconded the motion. Motion passed 4-0. Vice Chairperson Acosta read into the record the items on Consideration and Possible Action VARZ 22-06: Special Exception to Construct a New Accessory Structure on a Property with Existing Non -Conformities. CONSIDERATION AND POSSIBLE ACTION — VARZ 22-06: SPECIAL EXCEPTION TO CONSTRUCT A NEW ACCESSORY STRUCTURE ON A PROPERTY WITH EXISTING NON - CONFORMITIES P ublic Hearing: A request of Interland Surveying and Mapping, applicant, on behalf of Susie Bray, owner, to allow a special exception as permitted by the Unified Development Code, Ordinance No. 2000-T, to allow the construction of a new accessory structure on a property with nonconformities in the Single Family Residential-1 (R-1) District (Section 2.7.3.7), to wit: Legal Description: 0.9044 acres (39 397 square feet) of land out of the W.D.C. Hall Survey A- 70, in Brazoria County, Texas, comprised of the tracts of land in instruments 1989023878, 1992016786, 2007010915 of the Brazoria County Clerks File. General Location: 3206 Patricia Lane, Pearland, TX. P lanner I Bauer presented the staff report with exhibits. Planner I Bauer informed the board that this special exception conforms to the criteria for approval Staff recommends approval. Applicant, Andrew Allemand with Interland Surveying & Mapping, LLC at 401 Studewood Street, S uite 309, Houston, Texas 77007, was in attendance in -person in Council Chambers to present to the ZBA Board Mr. Allemand stated that the residential dwelling is the non -conforming structure and that they will be platting the two lots into one lot He explained that the special exception is for an accessory structure that the owner would like to build behind the residential dwelling. Vice Chairperson Acosta called for public input. P roperty owner, Susie Bray at 3306 Patricia Lane, Pearland, Texas 77581, stated that originally the accessory structure location was going to be closer to the road, but they have since moved the proposed location to behind the house. She stated that there are similar accessory structures in the neighborhood. Resident, Randy Beaman at 3201 Patricia Lane, Pearland, Texas 77581, stated that he is in opposition to proposed special exception due to the original proposed location illustrated in the agenda packet. He stated that when he built his own accessory structure that he had to get signed affidavits from the surrounding property owners. Mr. Beaman wishes that someone would have spoken to him about this. He stated that he may reconsider not opposing this request if the proposed location has changed. Resident, Michael Adams at 3207 Regal Oaks Drive, Pearland, Texas 77581, stated that he is the abutting neighbor to this property. He stated that having to view a big building from his backyard is not enjoyable. He spoke about the flooding conditions within the neighborhood. Resident, Richard Dinhobl at 3216 Patricia Lane, Pearland, Texas 77581, stated that he is concerned about the location of the proposed structure, the drainage of the neighborhood and the existing shipping containers located on the property. S ecretary Del Valle and Senior Planner Bireima discussed the updated site plan and what information is published in the staff report. Secretary Del Valle stated that she was concerned because the site plan that was published with the agenda is different than what the applicant has presented. She asked if the ZBA Board is allowed to consider the new proposed site plan. Deputy City Attorney Provins answered that the site plan is not required, and the special exception application is for the existing house on the property due to the structure not currently complying. He did note that when the home was originally built that it was compliant to the code, but the requirements have since changed. Deputy City Attorney Provins stated that the new accessory structure will be built to comply with current city regulations. Deputy City Attorney Provins and S ecretary Del Valle discussed adding conditions to this special exception. Secretary Del Valle stated that she is concerned with the residents that are in opposition to this special exception and asked staff if the applicant could reapply for the special exception. Deputy City Attorney Provins answered by stating that the application would remain the same and if the ZBA Board denied the special exception and the applicant applied again, staff would have to deny the application. Vice Chairperson Acosta, Secretary Del Valle and Deputy City Attorney Provins discussed the location of the accessory structure. Mr. Allemand stated that they would be able to abide by the condition to build the structure behind the rear building line and that they are combining the lots will help with density, and that will have a positive impact on drainage. Secretary Del Valle, Planner I Bauer and Deputy City Attorney Provins discussed the applicant's current platting process Secretary Del Valle and Senior Planner Bireima discussed the factors that influence staffs recommendation. Member Shrum and Senior Planner Bireima discussed the side setback and the location of the main building in relation to the side setback. Member Shrum and Senior Planner Bireima discussed what structure the ZBA Board is considering with this special exception application. Member Shrum, Senior Planner Bireima and Mr. Allemand discussed the shipping containers that are located on the property Member Shrum suggested two conditions to be attached to the approval of this special exception, the first being that the accessory structure is built behind the building line and second that the temporary structures that are currently on the property are removed Member Shrum and Mr. Allemand discussed drainage of the property and details of the accessory structure. Deputy City Attorney Provins suggested to Member Shrum that there is date to remove the temporary storage units by. Member Charles asked if the property owner has received any citations from Code Enforcement. Planner I Bauer and Ms. Bray answered no. S enior Planner Bireima discussed the drainage plan that is required by the city's engineering department. Secretary Del Valle asked Mr. Beaman his opinion of the proposed conditions and updated site plan Mr. Beaman stated that information has not changed his opinion. Member Shrum and Deputy City Attorney Provins discussed the procedure for completing a building permit. Member Shrum, Vice Chairperson Acosta, Secretary Del Valle, Senior Planner Bireima and Deputy City Attorney Provins discussed adding conditions to the approval of this special exception and temporary structures. No further discussion from Staff, ZBA Board or Public input. Vice Chairperson Acosta read into the record the items on Consideration and Possible Action VARZ 22-06 Special Exception to Construct a New Accessory Structure on a Property with Existing Non -Conformities. Member Shrum made the motion to add the condition of approval that the proposed accessory structure shall be located no closer than the rear face of the principal building, Member Charles seconded the motion. Motion passed 4-0. DISCUSSION ITEMS No discussion. ADJOURNMENT Meeting was adjourned at 7•23 PM These minutes respectfully submitted by: Shelby Lowe, Ad istrative Assistant Minutes approved as s mitted on this 7th day of July 2022. Mark Lewis, Chairperson