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2022-06-02 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OFTHE ZONING BOARDOFADJUSTMENTOFTHE CITY OF PEARLAND. TEXAS HELD ON JUNE 2, 2022 AT 6 00 PM IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DR CALL TO ORDER Chairperson 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 Member, Donald Glenn ZBA Member, Gary Shrum ZBA Alternate Member, Christopher Tnstian Also, present were Deputy City Attorney Lawrence Provins, Assistant City Engineer Parviz P ourazizian, Community Development Assistant Director Martin Griggs, Senior Planner Mohamed Bireima, and Planner I Patrick Bauer. N EW BUSINESS Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 22-07: Front Setback Variance for Accessory Structure in Single -Family Residental-1 (R-1) Zoning District. CONSIDERATION AND POSSIBLE ACTION — VARZ 22-07: FRONT SETBACK VARIANCE FOR ACCESSORY STRUCTURE IN SINGLE-FAMILY RESIDENTAL-1 (R-1) ZONING DISTRICT P ublic Hearing: A request of Robert Dietrich, applicant and owner, for approval of a variance as permitted by the Unified Development Code Ordinance No. 2000-T, to allow a reduction of the 100' setback for a proposed accessory structure on a lot over one acre in the Single Family Residential-1 (R-1) District (Section 2.5.3.1(b)), to wit: Legal Description: Lot 7 in Block 7, Shadycrest, a subdivision in Brazoria County, Texas, according to the map or plat thereof recorded in Volume 8 Page 95-96 of the Plat records of Brazoria County, Texas. General Location: 2101 West Mary's Creek Lane, Pearland, TX. Planner I Bauer presented the staff report with exhibits. Planner I Bauer informed the board that this variance conforms to six of the eight criterions for approval, but there is a physical hardship on the property. Staff does not recommend approval. Planner I Bauer stated that if the ZBA Board chooses to grant the variance, the ZBA Board needs to consider the extent of the reduction while taking into consideration how the surrounding properties will be impacted and if any conditions should be required to mitigate views of the structure. Applicant, Robert Dietrich at 2101 West Mary's Creek Lane, Pearland, Texas 77581, was in attendance in -person in Council Chambers to present to the ZBA Board Mr. Dietrich stated that he is asking for a variance to place a metal building 50-feet off his property line so that it will not be in the flood way. He stated that his property is 1.2 acres and if it just 1 acre there would be different codes that he would have to abide by, and this would be the best site on his property to place the building. Mr. Dietrich mentioned that there is lift station located on Longherridge Drive and this building would help alleviate the fumes that come from that direction. He stated that this building will be 75-feet away from the edge of the road and explained what he will use this accessory structure for Chairperson Lewis called for public input. Resident, Clifford Santellana at 2105 West Mary's Creek Lane, Pearland, Texas 77581, stated that his property is to the Northwest of the applicant's property. He stated that he spoke with the applicant and is not opposed to this variance. Mr. Santellana stated that this building would make the Mr. Dietrich's yard look nicer Resident, Brian Armbruster at 4009 Longherridge Drive, Pearland, Texas 77581, stated that he is opposed to the variance. Mr. Armbruster stated that there are regulations for R-1 zoning districts to protect the value of property and the surrounding area to create a similar appearance throughout the neighborhood He stated that placing a 30-foot by 50-foot structure on the property will make the main building appear smaller. Mr. Armbruster discussed that there is adequate space near the rear of the property to place the accessory structure to maintain all the regulations for development. Mr. Armbruster stated that the building will have to be elevated since it will be built in the flood plain and it would be dangerous to the walkers in the neighborhood due to the location. He asked that the ZBA Board consider staff's recommendation and deny the variance request. Resident Troy Shull at 3914 Shadycrest Drive, Pearland, Texas 77581, stated that the public comments that have been submitted address what Mr Armbruster stated previously and that he is in opposition to the variance. Mr. Shull stated that the Shadycrest neighborhood is known as a quiet neighborhood. He stated that there are zero stop signs and speeding traffic between East Mary's Creek and Sprite. Mr. Shull stated that adding a barrier in the proposed location will not be good for traffic and aesthetically it will detract from the neighborhood. He stated that he does know the applicants, discussed the variance with Mr Dietrich and that Mr. Dietrich knew the challenges he would face when he bought the property. Mr. Shull stated the entire neighborhood is against this variance except for Mr. Santellana. Resident, Richard Sheridan at 2104 Lake Edge Point, Pearland, Texas 77581, stated that he has lived in the Shadycrest neighborhood for 30 years M r. Sheridan stated that anytime he has done major improvements to his residence, that he has followed city guidelines. He stated that no other building sits beyond the 100-foot line in the neighborhood. Mr. Sheridan stated that the property will be imbalanced with the new proposed structure constructed on it. He asked for the ZBA Board to acknowledge that they have read the public comments submitted. Mr. Sheridan stated that he is concerned that the building will obstruct drivers views of the road Applicant's Spouse, Judy Dietrich at 2101 West Mary's Creek Lane, Pearland, Texas 77581 stated that she does understand that they do need to follow the rules and that they are a quiet couple. Ms. Dietrich stated that people do run the stop sign by their house and that they have witnessed two car wrecks at the northern stop sign. She stated that this building will be nice and explained their plans for storage. Ms. Dietrich explained that if they moved the building further back that they would need to cut down trees and would need to move their fence back. She stated that her home is not in the flood plain and that she is paying flood insurance and that drivers have plenty of time to see the stop sign near her home. Ms. Dietrich stated that her and her husband obey and respect the law and she asked the ZBA Board to consider the variance. Member Glenn and Planner I Bauer discussed reducing the setback and the location of the proposed building. Member Shrum asked about the public comments. Assistant Director Griggs stated that staff sent the comments out in the afternoon via email. Chairperson Lewis and Assistant Director Griggs discussed the size of a home compared to the size of an accessory structure and the regulations. Chairperson Lewis, Planner I Bauer, Assistant Director Griggs and Assistant City Engineer Pourazizian discussed the property s location in comparison to the flood way or the flood plain. Chairperson Lewis asked Mr. Dietrich to explain the size and use of the accessory building Mr. Dietrich stated that he could downsize the building and explained what he is planning to store in the building and that he would need another structure to cover his motor home. Member Shrum asked Mr. Dietrich if the accessory structure would be built in front of the building line. Mr. Dietrich answered yes. Member Shrum and Mr Dietrich discussed details of his property Deputy City Attorney Provins explained what is and what is not a hardship for the applicant. Assistant Director Griggs explained and showed exhibits describing the flood plain and the flood way on Mr. Dietrich's property. Vice Chairperson Acosta asked about facade requirements for the accessory building. Assistant Director Griggs stated that there are no residential fagade requirements. Vice Chairperson Acosta asked Mr. Dietrich if he would consider moving the accessory structure back 70-feet on the property. Mr. Dietrich stated that he would be able to do that. No further discussion from Staff, ZBA Board or Public input. Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 22-07: Front Setback Variance for Accessory Structure in Single -Family Residental-1 (R-1) Zoning District. Member Glenn made the motion to approve the variance, Member Shrum seconded the motion. Member Shrum did inform Mr. Dietrich that this is hard decision to make as a ZBA Board and that he is concerned with potential flooding. Deputy City Attorney Provins and Assistant Director Griggs recommends that the ZBA Board has the option to postpone the meeting and asks Mr. Dietrich for a topographic survey of his property. Vice Chairperson Acosta made the motion to amend the motion to approve the variance with a 30-foot reduction from the required 100-foot set back. Motion failed due to lack of a second motion. Member Glenn made the motion to postpone the variance in order for the applicant to have time to produce a topographic survey that delineates the floodway and floodplain on the subject property, Member Shrum seconded the motion. Motion passed 5-0. Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 22-12: Fence Variance fora Residence in Suburban Residental-15 (SR-15) Zoning District. CONSIDERATION AND POSSIBLE ACTION — VARZ 22-12 FENCE VARIANCE FOR A RESIDENCE IN SUBURBAN RESIDENTAL-15 (SR-15) ZONING DISTRICT Public Hearing: A request of Rafael Azevedo, applicant on behalf of Adrian Gomez, owner, to allow variances as permitted by the Unified Development Code, Ordinance No. 2000-T, to allow. (1) a six and half foot (6'-6') high decorative fence within the front yard in lieu of the four -foot (4') permitted; (2) a seven foot (7') high PBR metal panel (purlin bearing R panel) fence within the front yard fence in lieu of the required four -foot (4') decorative fence; and (3) a residential fence to be located within fifteen feet (15') of a public street, on approximately 1.019 acre tract within the Suburban Residential-15 (SR-15) District (Section 4.2.4.3(a)(2)(b)), to wit: Legal Description: Being 1 019 acres of land out of lot 31 of the Allision Richey Golf Coast Homes Subdivision according to the map or plat recorded in Volume 2, Page 10 of the plat records thereof, out of the HT & BRR Company Survey Section 25, Abstract 245, Brazoria County Texas. General Location: 16630 Berry Road, Pearland, TX. Planner I Bauer presented the staff report with exhibits. Planner I Bauer informed the board that this variance only conforms to two out of the eight criterions for approval and that there is not a physical hardship for this property. Staff is not strongly opposed to the increase in height to 6'-6"; however staff does not recommend approval of the requested variance for the location of the front yard fence within 15-feet of the property line If the ZBA Board decides to approve the requested variance for the front yard fence' portion parallel to Berry Road for the fence location, then staff recommends the following condition for approval 1. The sides of the fence within 15-feet of the front property line shall be changed to a decorative fence or angled 15-feet from both front corners to maintain a clear sign triangle from adjacent properties. If the ZBA Board decides to approve the requested variance for the front yard fence' portion alongside property lines then staff is not strongly opposed to the increase in height to 7'ff however, Staff does not recommend approval of the requested variance for PBR metal panel (purlin bearing R panel) fencing. If the ZBA Board does decide to approve the requested variance for fence material, then staff recommends the following condition for approval: 1 The sides of the fence within 15-feet of the property line shall be changed to decorative fence or angled 15-feet from both corners to maintain a clear vision triangle from adjacent properties. Applicant, Rafael Azeredo at 16630 Berry Road, Pearland, Texas 77584, was in attendance in - person in Council Chambers to present to the ZBA Board. Mr. Azeredo stated the property owner's intention to stay in the home and to improve his residence. He stated that the surveyor stated that this section is a 40 foot right of way, whereas the rest of the road is a 30-foot right of way and that the property is not in the right of way Mr. Azeredo stated the improvements the owner plans on making to his property. He asked about the fence height and the location of the fence. Mr. Azeredo included that the sign for the public hearing has been up for over a year. Chairperson Lewis called for public input. There were no persons wishing to speak for or against the proposed request. Member Shrum asked Mr. Azeredo when the property owner would be making the changes to his property Mr. Azeredo answered that they are in the preliminary planning process and want to make sure that their renovations are cost-effective. Member Shrum asked when the property will be move -in ready. Mr. Azeredo stated that it may be one to two years Chairperson Lewis and Senior Planner Bireima discussed the current fence and how the request for the variance came to be. Member Tristan and Deputy City Attorney Provins discussed what precedence that approving this variance may cause. Senior Planner Bireima mentioned the upcoming UDC amendments. Member Shrum and staff discussed the recommendations presented by staff and the current ROW. Mr. Azeredo asked about the ROW on the front and backside of the property and the difference between property line and the ROW Vice Chairperson Acosta stated that is not what the ZBA Board is deciding on. Mr. Azeredo presented more information about the possible plans that the applicant may consider. 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 22-12: Fence Variance fora Residence in Suburban Residental-15 (SR-15) Zoning District. Vice Chairperson Acosta made the motion to approve, Member Glenn seconded the motion. Member Shrum made the motion to amend with the condition that the front fence line and side fence line be moved back 15-feetfrom the existing location, MemberTristan seconded the motion. Motion passed 4-1. Amended motion passed 4-1. Chairperson Lewis read into the record the items on Consideration and Possible Action — Extension Request — ZBA Application No. VARZ 22-02. CONSIDERATION AND POSSIBLE ACTION — EXTENSION REQUEST -ZBA APPLICATION N O VARZ 22-02 P ublic Hearing: A request by Swapna Patel, applicant, on behalf of Alkesh Patel, owner, for an extension of an already approved 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. S enior Planner Bireima presented the staff report with exhibits. Staff does recommend approval. Applicant, Swana Patel at 2002 Wineberry Drive, Katy, Texas 77450, was in attendance in -person in Council Chambers to present to the ZBA Board. Ms Patel stated that they are waiting for the plat to be complete to begin She stated that they will be developing as soon as they can Chairperson Lewis called for public input There were no persons wishing to speak for or against the proposed request. N o further discussion from Staff, ZBA Board or Public input. Chairperson Lewis read into the record the items on Consideration and Possible Action — Extension Request — ZBA Application No VARZ 22-02. Member Shrum made the motion to approve, Member Glenn seconded the motion. Motion passed 5-0. Chairperson Lewis read into the record the items on Consideration and Possible Action — Extension Request — ZBA Application No VARZ 22 04. CONSIDERATION AND POSSIBLE ACTION — EXTENSION REQUEST -ZBA APPLICATION N O VARZ 22-04 P ublic Hearing: A request by Swapna Patel, applicant, on behalf of Alkesh Patel, owner, for an extension of an already approved 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. S enior Planner Bireima presented the staff report with exhibits. Staff does recommend approval. Applicant Swana Patel at 2002 Wineberry Drive, Katy, Texas 77450, 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. N o further discussion from Staff, ZBA Board or Public input. Chairperson Lewis read into the record the items on Consideration and Possible Extension Request — ZBA Application No VARZ 22-02. Member Tristan made the approve, Member Glenn seconded the motion. Motion passed 5-0. DISCUSSION ITEMS N o discussion. ADJOURNMENT Meeting was adjourned at 7:47 PM Action motion to These minutes respectfully submitted by: -RA Shelby Low Administrative Assistant Minutes approved as submitted on this 7th day of July 2022. Mark Lewis, Chairperson