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2023-04-06 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 APRIL 6 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 Member, Donald Glenn ZBA Member, Todd locco ZBA Member, Gary Shrum 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 March 9, 2023. Chairperson Lewis read into the record the items on Approval of Minutes. Member Glenn 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 23-02: Special Exception and Variance for the Expansion of an Existing Auto Part Sales Store. CONSIDERATION AND POSSIBLE ACTION - VARZ 23-02: SPECIAL EXCEPTION AND VARIANCE FOR THE EXPANSION OF AN EXISTING AUTO PART SALES STORE P ublic Hearing: A request by Westwood Professional Services, represented by Carolyn O'Brien, applicant, on behalf of AutoZone Texas LP, owner, for a special exception and a variance, as permitted by the Unified Development Code, Ordinance No. 2000-T, to allow: a. Special exception for the expansion of an existing Auto Parts Sales use on a site with existing nonconformities (Section 2.7.3.7(a)); b. Variance to the 25' front building setback requirement for the General Commercial (GC) District and the Corridor Overlay District (Section 2.4.4.6(c)(2)(a) & Section 2.4.5.1(c)(2)) to allow for the expansion of a building to encroach into the front building setback, to wit: Legal Description: Being a 2.031-acre tract of land situated in the H.T. & B.R.R. Company S urvey, Section 11, Abstract No. 239, City of Pearland, Brazoria County, Texas, being the remainder of a called 2.1642-acre tract of land described in deed to AutoZone, Inc., a Nevada Corporation recorded in Document No 95-031278 of the Official Records of Brazoria County, Texas. General Location: 2601 S Main Street, Pearland, TX. S enior Planner Bireima presented the staff report with exhibits. Senior Planner Bireima stated that this a request for a special exception and variance for expansion of the Auto Zone at this location. The special exception meets the criteria for approval. Staff recommends approval of the special exception. The variance meets 3 out of the 8 criterions for approval. Staff is unable to recommend approval of the variance. Should the Board decide to grant the requested variance for the building expansion to encroach into the front building setback, then staff recommends the following as a condition of approval 1. The proposed expansion shall only be allowed to encroach into the front building setback for a depth of five (5) feet for a total of 29 square feet as shown on the proposed site plan in the Applicant's Packet. Applicant, Carolyn 0 Brien with Westwood Professional Services at 20329 State Highway 249, S uite 350, Houston, Texas 77070, was in attendance in -person in Council Chambers to present to the ZBA Board. She stated that they are adding storage area for the Auto Zone store, and they are trying to keep as much parking as they can for the site and have shifted the building as much as they can. Ms. O'Brien stated that they will be closing one of the driveways into the site and described the improvements they will be making on the site. Ms. O'Brien stated that she is available for questions or to discuss the site's layout. Chairperson Lewis called for public input. There were no persons wishing to speak for or against the proposed request. Member Glenn asked staff what the number of parking spaces are required verses the amount of parking spaces proposed by the applicant. Senior Planner Bireima stated the required amount of parking spaces are 1 space per 2,000 square feet of store space and 1 space per 200 square feet for storage and office space and the applicant has added the parking spaces to meet these requirements. Member Shrum asked staff what the difference for the existing non -conformities for the special exception request verses what the variance request. Deputy City Attorney Provins answered a total of 29 square feet. Member Shrum stated it might be difficult to approve one and n ot approve the other due to the size differences. Deputy City Attorney Provins and Member S hrum discussed setbacks. Senior Planner Bireima stated that the parking setback and site setback are different. Member locco stated that this will be an issue with most of the developments o n Main Street. Member Tristian asked the applicant if there are any factors preventing them from following the second setback of the building. Ms. O'Brien stated that they investigated moving the building, but due to the land grading and the other site improvements needed on the property, that they are unable to do so. Member Shrum asked staff if the Board does not approve the variance. Assistant Director Griggs stated if it is not approved the applicant would have to bring the site into compliance in order to have an approved permit. 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 23-02: Special Exception and Variance for the Expansion of an Existing Auto Part Sales Store. Member Glenn made the motion to approve the special exception request, Member Shrum seconded the motion. Motion passed 5-0. Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 23-02: Special Exception and Variance for the Expansion of an Existing Auto Part Sales Store. Member locco made the motion to approve the variance request, Member Tristian seconded the motion. Motion passed 4-1. Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 23-03: Special Exception to Construct a New Structure on a Property with Existing Non - Conformities. CONSIDERATION AND POSSIBLE ACTION - VARZ 23-03: SPECIAL EXCEPTION TO CONSTRUCT A NEW STRUCTURE ON A PROPERTY WITH EXISTING NON -CONFORMITIES Public Hearing: A request by Boundary One Surveyors, LLC, represented by Christian Offenburger, applicant, on behalf of TyTan Enterprise LLC, represented by San Chiang Tan, owner, for approval of a special exception, as permitted by the Unified Development Code, Ordinance No. 2000-T, to allow the construction of a new building on a site with existing nonconformities (Section 2.7.3.7(a)), to wit: Legal Description: A 2.505-acre tract of land being out of and a part of Lot 21, Section No 26, H.T. & B.R.R Company Survey, Abstract No. 550, Brazoria County, Texas, according to the Map or Plat recorded in Volume 2, Page 129 of the Plat Records of Brazoria County, Texas, and being all of called 2.505-acre tract of land conveyed to TyTan Enterprise, LLC as described by deed recorded under Brazoria County Clerk's File (B.C.C.F.) No. 2018001233. General Location: 4102 Veterans Drive, Pearland, TX. Senior Planner Bireima presented the staff report with exhibits. Senior Planner Bireima stated that this a request for a special exception for a Badminton Facility. Senior Planner Bireima stated that this special exception conforms to the criteria for approval Staff recommends approval Applicant, Christian Offenburger with Boundary One Surveyors, LLC at 150 West Shadowbend Avenue, Suite 303, Friendswood, Texas 77546, was in attendance to present to the ZBA Board He stated that he did the survey for the property in 2017 for the prior owner. Mr. Offenburger stated that the current property owner is wanting to develop a Badminton Facility. He stated that the property owner will comply with the development regulations for the site but one of the existing buildings is overlapping the property setback. Chairperson Lewis called for public input. There were no persons wishing to speak for or against the proposed request. Member locco asked staff what the parking requirements for this site are. Assistant Director Griggs stated that each use has a parking calculation and for this site the parking requirement would be four spaces per court. Member Tristan asked if the property owner could add height to the building located in the setback if this special exception is approved. Assistant Director Griggs stated that if the property owner wanted to make any significant changes to the site, they would need to come back for another special exception. Deputy City Attorney Provins stated that if the property owner wanted to expand the height of the building they would need to come back for a variance. Member locco and Assistant Director Griggs discussed detention requirements for the site. Member Shrum and Assistant Director Griggs discussed the Future Land Use Plan that was adopted in 2015 and how it applies to this area. No further discussion from Staff, ZBA Board or Public input. Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 23-03: Special Exception to Construct a New Structure on a Property with Existing Non - Conformities. Member Tristan made the motion to approve the special exception, Member Glenn seconded the motion. Motion passed 5-0. DISCUSSION ITEMS No discussion. ADJOURNMENT Meeting was adjourned at 6:52 PM These minutes respectfully submitted by: Shelby Lowe Administrative Assistant Minutes approved as sub fitted on this 3rd day of August 2023. Mark Lewis, Chairperson