2022-07-07 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 JULY 7, 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 Member, Gary Shrum
ZBA Alternate Member, Natasha Charles
ZBA Alternate Member, Christopher Tristan
Also, present were Deputy City Attorney Lawrence Provins, Community Development Assistant
Director Martin Griggs Senior Planner Mohamed Bireima and Administrative Assistant Shelby
Lowe.
APPROVAL OF MINUTES
Approve the ZBA Meeting minutes from May 5, 2022 & June 2, 2022.
Assistant Director Griggs recommended adding the statement, "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." to the June 2, 2022, ZBA Meeting minutes before the 2nd to
last sentence under Mr. Armbruster's comments.
Vice Chairperson Acosta read into the record the items on Approval of Minutes Member Tristan
made the motion to approve with the addition of staff's recommendation, Member Charles
seconded the motion.
Motion passed 4-0.
NEW BUSINESS
Vice Chairperson Acosta read into the record the items on Consideration and Possible Action —
Extension Request for ZBA Application No. VARZ 22-05.
CONSIDERATION AND POSSIBLE ACTION — EXTENSION REQUEST FOR ZBA
APPLICATION NO. VARZ 22-05
Public Hearing: A request of Aldo and Veronica Gonzalez, applicant and owner, for approval of
extension of an already approved 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 4 2 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.
S enior Planner Bireima presented the staff report with exhibits. Staff recommends approval.
Applicant, Veronica Gonzalez at 2410 Country Club Drive, Pearland, Texas 77581, was in
attendance in -person in Council Chambers to answer any questions for the ZBA Board
Vice Chairperson Acosta 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.
Vice Chairperson Acosta read into the record the items on Consideration and Possible Action Extension Request for ZBA Application No. VARZ 22-05. Member Shrum made the motion to
approve the extension request, Member Tristan seconded the motion.
Motion passed 4-0.
Vice Chairperson Acosta read into the record the items on Consideration and Possible Action VARZ 22-14: Variance to Reduce Parking Requirement for a Furniture and/or Appliance Store
(Retail or Rental Only, Indoor Only) Use.
CONSIDERATION AND POSSIBLE ACTION — VARZ 22-14: VARIANCE TO REDUCE
PARKING REQUIREMENT FOR A FURNITURE AND/OR APPLIANCE STORE (RETAIL OR
RENTAL ONLY, INDOOR ONLY) USE
P ublic Hearing: A request of Gina Boyko, applicant, on behalf of Zfam Properties Pearland LLC.,
owner for approval of a variance as permitted by the Unified Development Code, Ordinance No.
2000-T, to reduce the required parking for a Furniture and/or Appliance Store (Retail or Rental
Only, Indoor Only) use in the Business Park-288 (BP-288) District (Section 4 2 1 2), to wit:
Legal Description: Being a tract or parcel of land containing 4.2500 acres of land or 185,130
square feet, located in the H.T & B. R.R. Company Survey, Section 81, Abstract No. 300, Brazoria
County, Texas and being out of and a part of called 10.454-acre tract of record in the name of
Ahmadalli Virani in Brazoria County Clerk's File (B.C.0 F.) Number 2008002917
General Location: North of 3471 Business Center Drive, Pearland, TX.
S enior Planner Bireima presented the staff report with exhibits. Senior Planner Bireima informed
the board that this variance does not conform to the criteria for approval. He explained to the
board that variances are intended for physical land hardships and that the applicant was
presented alternative options. Staff is unable to recommend approval.
Applicant, Gina Boyko with Design Studio 4 at 8010 Hidden Trail Lane, Spring, Texas 77379, was
in attendance in -person in Council Chambers to present to the ZBA Board. Ms Boyko stated that
this will be Exclusive Furniture's 9'h store, so they have experience with parking requirements and
the store's parking usage. She stated that they in their plans they have scaled the store down,
added more parking spaces than they originally requested and will have room for the landscaping
requirements. She gave examples of Exclusive Furniture locations and their number of parking
spaces.
Business Owner, Sam Zavary with Exclusive Furniture at 631 Buffalo Lakes Drive, Unit 100,
Missouri City, Texas 77489, was in attendance in person in Council Chambers to present to the
ZBA Board. Mr. Zavary described the different Exclusive Furniture stores in the area and how
many cars were in their parking lot during their holiday sale days.
Vice Chairperson Acosta called for public input.
There were no persons wishing to speak for or against the proposed request.
Staff and ZBA Members discussed the site plan and parking requirements for the designated use
compared to similar uses. Member Tnstian and Assistant Director Griggs discussed the lack of
physical hardship on the property Mr. Zavary spoke about the proposed site plan compared to
existing store locations and their parking requirements. Staff and ZBA Members discussed the
difference between the amount of required parking spaces and the amount of parking spaces
proposed by the applicant. Member Shrum suggested that staff amend the UDC to adjust the
parking requirements for this particular use. Senior Planner Bireima stated that staff agrees with
that statement and explained the options staff presented to the applicant. He explained why staff
is unable to recommend approval for this variance application. Member Shrum and Ms. Boyko
discussed the amount of requested parking spaces compared to the amount of parking spaces
could be allowed with special exception instead of a variance. Assistant Director Griggs reiterated
the requirements and criteria for a variance to be recommended by staff.
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 22-14: Variance to Reduce Parking Requirement for a Furniture and/or Appliance Store
(Retail or Rental Only, Indoor Only) Use. Member Charles made the motion to approve the
variance, Member Shrum seconded the motion.
Motion failed 0-4.
Vice Chairperson Acosta read into the record the items on Consideration and Possible Action VARZ 22-15: Special Exception for Alternative Screening Fence Between a Commercial and a
Residential Property.
CONSIDERATION AND POSSIBLE ACTION — VARZ 22-15: SPECIAL EXCEPTION FOR
ALTERNATIVE SCREENING FENCE BETWEEN A COMMERCIAL AND A RESIDENTAL
PROPERTY
Public Hearing: A request by Meridian Group, applicant, on behalf of Killen's Steakhouse, owner,
to allow a special exception as permitted by the Unified Development Code, Ordinance No. 2000-
T, to allow the replacement of a fence between residential and commercial with an alternative
nonconforming material, a chain -link fence with privacy slats and a hedgerow at the length of the
residence in lieu of the required masonry screening wall in the General Commercial (GC) District
(Section 4.2.2.4 (j)(4)(a) & Section 4.2.4.1 (a)),to wit:
Legal Description: Reserve "A", Block 1, Joseph's Gulf Coast Grille Section One, a subdivision
in Brazoria County, Texas, according to the map or plat recorded in Volume 21, Pages 331 & 332
of the Plat Records of Brazoria County, Texas.
General Location: 6425 Broadway Street, Pearland, TX.
This item was postponed by the applicant. No action was taken.
DISCUSSION ITEMS
No discussion.
ADJOURNMENT
Meeting was adjourned at 6:45 PM
These minutes respectfully submitted by:
Shelby Lowe
Minutes approved as submi
ministrative Assistant
d on this 6th day of October 2022.
Mark Lewis, Chairperson