2023-03-09 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 9, 2023 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
6:00 PM
ZBA Chairperson, Mark Lewis
ZBA Vice Chairperson Jerry Acosta
ZBA Member, Donald Glenn
ZBA Member, Gary Shrum
Also, present were Deputy City Attorney Lawrence Provins, Community Development Assistant
Director Martin Griggs, Senior Planner Mohamed Bireima, Planner I Patrick Bauer and
Administrative Assistant Shelby Lowe.
APPROVAL OF MINUTES
Approve the ZBA Meeting minutes from December 1, 2022 and January 5, 2023.
Chairperson Lewis read into the record the items on Approval of Minutes. Member Shrum made
the motion to approve, Member Glenn seconded the motion.
Motion passed 4-0.
N EW BUSINESS
Chairperson Lewis read into the record the items on Consideration and Possible Action Extension Request for ZBA Application No. VARZ 22-19.
CONSIDERATION AND POSSIBLE ACTION - EXTENSION REQUEST FOR ZBA
APPLICATION NO. VARZ 22-19
P ublic Hearing: A request by Mandy Niscavits, owner, for approval of extension of an already
approved variance as permitted by the Unified Development Code Ordinance No 2000-T, to
allow for a reduced landscape buffer along the east and west property line of a non-residential
use that has a side or rear contiguous to any residential use or residential zoning district (Section
4.2.4.1(a)), to wit
Legal Description: Being the east 181 feet of Lot 2, Block 5, Herridge Miller Subdivision of 102
acres of land (unrecorded) situated in the H.T & B.R.R. Company Survey, Section 5, Abstract
237, Brazoria County, Texas.
General Location: North of McHard Road and East of Hatfield Road.
P lanner I Bauer presented the staff report with exhibits. Planner I Bauer informed the board that
this a request to extend a previously approved variance. He stated that this variance request was
approved at the December 1, 2022 ZBA Meeting. Staff recommends approval of the extension of
the expiration date of the variance to December 1, 2023.
Applicant and Property Owner, Mandy Bennett Niscavits at 6518 Rice Road, Pearland, Texas
77581, was in attendance and presented to the ZBA. Ms Niscavits provided an updated site plan
to the members of the ZBA. She stated they made redivisions to the plans after the variance was
approved in December. Ms. Niscavits stated that they would be able to keep the existing trees on
the site. She stated her contractor is here with her and she is available to answer any questions.
Chairperson Lewis called for public input.
General Contractor and resident, Michael Johnston 4507 Lakefront Terrance Drive, Pearland,
Texas, 77584, stated that since the variance was granted in December that they were not able to
start working on plans until after the holidays. Mr. Johnston stated that revisions had been made
due to the flood zone and that they are working to secure an SBA loan. He asked the board to
extend the variance until March 2024. Mr. Johnston stated that he does not want to waste any
time and wants to be able to be realistic with the timeline.
Member Shrum asked staff if the variance can only be extended for a maximum of 12 months.
Assistant Director Griggs stated that is correct and referenced where it is stated in the UDC.
No further discussion from Staff, ZBA Board or Public input.
Chairperson Lewis read into the record the items on Consideration and Possible Action —
Extension Request for ZBA Application No. VARZ 22-19. Vice Chairperson Acosta made the
motion to approve, Member Shrum seconded the motion.
Motion passed 4-0.
DISCUSSION ITEMS
No discussion.
ADJOURNMENT
Meeting was adjourned at 6:13 PM
These minutes respectfully submitted by:
Shelby Lowe, ministrative Assistant
Minutes approved as submitted on this 6th day of __ril 2023.
Mark Lewis, Chairperson