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2022-09-01 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE ZONING BOARDOFADJUSTMENTOFTHE CITYOF PEARLAND.TEXAS HELD ON SEPTEMBER 1 2022 AT 6:00 P.M. 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 P.M. In attendance were: ZBA Chairperson, Mark Lewis ZBA Vice Chairperson, Jerry Acosta ZBA Secretary, Teresa Del Valle ZBA Member, Donald Glenn ZBA Member, Gary Shrum ZBA Alternate Member, Natasha Charles Also, present were Deputy City Attorney Lawrence Provins, City Engineer Rajendra Shrestha, Community Development Assistant Director Martin Griggs, Senior Planner Mohamed Bireima, Planner I Patrick Bauer and Administrative Assistant Shelby Lowe. NEW BUSINESS Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 22-07: Front Setback Variance for Accessory Structures in Single -Family Residental-1 (R-1) Zoning District. CONSIDERATION AND POSSIBLE ACTION - VARZ 22-07: FRONT SETBACK VARIANCE FOR ACCESSORY STRUCTURES IN SINGLE-FAMILY RESIDENTIAL-1 (R-1) ZONING DISTRICT Public 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 and Assistant Director Griggs presented the staff report with exhibits. Planner I Bauer shared the renderings and staff's findings. Assistant Director Griggs stated that the variance only conforms to 2 out 8 criterions of the UDC Staff does not recommend approval. Should the Board choose to grant a reduction of the front setback requirement for the property, the Board may need to consider the extent of the reduction while taking into consideration how the surrounding properties will be impacted by the reduction and if any screening should be required to mitigate potential views of the new 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. He described his desired u se for the structure and the removal of trees from his property. Mr. Dietrich stated that his n eighbors have not asked him about this vanance, that he believes this structure location will not cause traffic issues and that he hasn't called the city about the nearby lift station fumes. He stated that staff discussed a 70-foot reduction at the previous ZBA Meeting, and he would be fine with that. Chairperson Lewis called for public input. Resident, Brandy Johanson at 2101 Sprite Lane, Pearland, Texas 77581, is opposed to the proposed variance. She stated that she is opposed due to increased pedestrian and cycling traffic in their neighborhood, and she doesn't want site lines disturbed. Ms. Johanson stated that approval of this variance would be detrimental to neighborhood enjoyment. Resident, Mia Johanson at 2101 Sprite Lane, Pearland, Texas 77581, is opposed to the proposed ✓ ariance. Resident, Tamsey Mims at 3906 Shadycrest Drive, Pearland, Texas 77581, is opposed to the proposed variance. She stated that she is opposed due to pedestrian and cyclist safety and that it would be a hazard to drivers Resident, Debra Fewox at 3520 West Circle Drive, Pearland, Texas 77581, is opposed to the proposed variance. She stated that she has been a realtor in the area for over 20 years and that Shadycrest is a desirable neighborhood. She stated that she is opposed to the proposed location n ot the proposed structure. Resident, Pattie Courtin at 2001 East Mary's Creek Lane, Pearland, Texas 77581, is opposed to the proposed variance. She described the culture of the Shadycrest neighborhood as unique and open She stated that she has an accessory structure on her property in the back corner and that this proposed building should be built where it is allowed to be built. Resident, Jim Johnson at 2004 West Mary's Creek Lane, Pearland, Texas 77581, is opposed to this proposed variance due to it going against the character of the neighborhood. Resident, Rosa Johnson at 2004 West Mary's Creek Lane, Pearland, Texas 77581, is opposed to the proposed variance. Resident, Fred Arehart at 3903 Shadycrest Drive, Pearland, Texas 77581 is opposed to the proposed variance. He stated that he is opposed due to a potential site line hazard and that this would allow for another request of this type. Resident, Sylvia Arehart at 3903 Shadycrest Drive, Pearland, Texas 77581, is opposed to the proposed variance. She showed a video clip of the July 7, 2022, ZBA Meeting. Ms. Arehart stated that she is not upset with the Dietrich's, but she would like to maintain the character of the n eighborhood. Resident, Lesa Brownstein at 3904 Shadycrest Drive, Pearland, Texas 77581, is opposed to the proposed variance. She discussed the number of accessory structures in the neighborhood and the character of the neighborhood. Resident, Ron Brownstein at 3904 Shadycrest Drive, Pearland, Texas 77581, is opposed to the proposed variance. He discussed why he moved to Pearland and the purpose of development regulations. Mr. Brownstein stated that he almost had an accident near the Dietrich's residence. He stated that he is opposed due to traffic and the safety of youth that live in the neighborhood. Mr. Brownstein asked for the Board to not approve this variance. Resident, Joann Ellis at 4104 Shadycrest Drive, Pearland, Texas 77581, is opposed to the proposed variance She stated that she is opposed because the building would be a non- conforming structure and would prefer the building be built to code. Resident, Jamie Shull at 3914 Shadycrest Drive Pearland, Texas 77581, is opposed to the proposed variance. She stated that she is opposed due to Shadycrest being a historic neighborhood in Pearland. Ms. Shull discussed storage buildings being prohibited in front yards of residences. Resident, Troy Shull at 3914 Shadycrest Drive, Pearland, Texas 77581, is opposed to the proposed variance. He presented a presentation of pictures of accessory structures in the Shadycrest neighborhood. Mr. Shull stated that every accessory structure was setback at least 100 feet. He stated that he is not opposed to the building, but the proposed location of the building Resident, Brian Armbruster at 4009 Longherridge Drive, Pearland, Texas 77581, is opposed to the proposed variance. He discussed the UDC and the deed restricted Shadycrest community. Mr. Armbruster showed a 50-foot and a 100-foot topographical survey of the property. He described Mr. Dietrich's reasons for the need of the variance are not hardships. Resident, Laurie Joyce at 1936 Timber Creek Drive, Pearland, Texas 77581, is opposed to the proposed variance. She stated that she has been a realtor in the area for 14 years and the Shadycrest neighborhood is desirable. Ms Joyce stated that the proposed variance is dangerous and not good for the neighborhood. Resident, Naomi Stevens at 3422 Shadycrest Drive, Pearland, Texas 77581, is opposed to the proposed variance She stated that she is not against the building but would like to keep the character of the neighborhood. Resident, Dorothy Clark at 2101 Lake Edge Drive, Pearland, Texas 77581, is opposed to the proposed variance. She stated that she agrees with her neighbors and asked that the ZBA Board does not grant the variance Resident Dorothy Raska at 2107 Sprite Lane, Pearland, Texas 77581, is opposed to the proposed variance. She asked that the restrictions continue to be followed. Resident, Cliff Santellana at 2105 West Mary's Creek Lane Pearland, Texas 77581, is in favor of the proposed variance. He stated that it is Mr. Dietrich's property, and he is putting up a nice structure. Mr Santellana briefly discussed the safety concerns. Resident, Judy Dietrich at 2101 West Mary's Creek Lane, Pearland, Texas 77581, is in favor of the proposed variance. She discussed the reason her and her husband want the variance to be granted property values cutting down trees on their property, the flood plain and clarified comments made by residents Ms. Dietrich stated that she was also approached by a realtor to sell their property and purchase a different property near the front of the neighborhood. Resident, Eric Fore at 2102 West Mary's Creek Lane, Pearland, Texas 77581, is in favor of the proposed variance. He discussed the site the Dietrich's proposed plans, the community and stated that adding speed bumps may assist with the traffic issues. S ecretary Del Valle and Deputy City Attorney Provins discussed the outcome of this item at the previous ZBA meeting. Member Shrum, Deputy City Attorney Provins, City Engineer Shrestha and Mr. Dietrich discussed the difference between the flood plain and the flood way and that construction is not allowed in the flood way. Secretary Del Valle, Deputy City Attorney Provins and Assistant Director Griggs discussed staff's analysis and recommendations for the variance. Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 22-07: Front Setback Variance for Accessory Structures in Single -Family Residental-1 (R-1) Zoning District. Secretary Del Valle made the motion to approve the variance, Member Shrum seconded the motion. Vice Chairperson Acosta made the motion to amend the reduction to a 30 percent reduction setback, Member Glenn seconded the motion. Motion failed 2-3. Original motion failed 0-5. The Zoning Board of Adjustments adjourn for a brief intermission at 7:32 P.M. The Zoning Board of Adjustments reconvened the ZBA Meeting at 7:35 P.M. Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 22-25: 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 RESIDENTIAL P ROPERTY 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. S enior Planner Bireima and Assistant Director Griggs presented the staff report with exhibits. S enior Planner Bireima shared the proposed fence details. Senior Planner Bireima stated that the proposed special exception meets one criterion for approval for special exceptions in the UDC. Assistant Director Griggs discussed fencing and visibility. Staff recommends approval with one condition: 1 A vegetative screen shall be planted along the entire length of the required buffer between the non-residential and residential property consisting of shrubs planted at four feet (4') on center and with minimum height of four feet (4') at planting and at least six feet (6') tall within twelve (12) months. The vegetative screen plant material shall ultimately be approved by the City Urban Forester. Applicant, Darnell Dow with Meridian Group at P.O. Box 1000, Pearland, Texas 77588, was in attendance in -person in Council Chambers to present to the ZBA Board. He shared the current condition of the site, discussed property lines with the neighboring hotel, the slope of the area vegetative screening material and proposed installation of parking blocks. Landowner, Deanna Killen with Killen's at 6425 Broadway Street, Pearland, Texas 77581, was in attendance in -person in Council Chambers to answer any questions for the Zoning Board of Adjustm ents. Chairperson Lewis called for public input. Resident, Robyn Smith at 2628 Lazy Bend Street, Pearland, Texas 77581, stated that she just wants a fence to be built. She shared her experiences with the fence being down and stated that the additional shrubbery in addition to the fence may help cars from coming into her yard. Member Shrum, Assistant Director Griggs and Deputy City Attorney Provins discussed the fence and property lines and irrigation. Member Shrum asked for clarification to the site plan. Ms. Killen and Mr. Dow clarified the site plan and Ms. Killen stated that the boxwood hedges would extend the entire length of the fence on their property. Secretary Del Valle and Ms Smith discussed her property, the property line and the proposed fencing material, parking blocks and shrubbery. Assistant Director Griggs and Secretary Del Valle discussed the fence materials, the opacity of the fence and UDC requirements. Vice Chair Acosta. Member Shrum and Ms. Smith discussed the proposed fence. Ms. Smith stated that she is not opposed to this fence but is settling due to the time that has already passed without a fence installed. Member Shrum and Assistant Director Griggs discussed fence opacity requirements. No further discussion from Staff, ZBA Board or Public input. Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 22-25: Special Exception for Alternative Screening Fence Between a Commercial and a Residential Property. Member Glenn made the motion to approve the special exception, Member Shrum seconded the motion. Vice Chairperson Acosta made the motion to amend to add parking stops in parking spots, Member Shrum seconded the motion. Motion passed 5-0. Amended motion passed 5-0. ELECTION OF OFFICERS Election of Chairperson, Vice Chairperson and Secretary to serve until the first regular meeting of the ZBA in July 2023. Chairperson Lewis read into the record the item on Elections. Member Shrum made the motion to nominate Member Mark Lewis for Chairperson, MemberJerryAcosta forVice Chairperson and Member Del Valle for Secretary, Member Glenn seconded the motion. Member Mark Lewis was elected Chairperson with a vote of 5-0. Member Jerry Acosta was elected Vice Chairperson with a vote of 5-0. Member Teresa Del Valle was elected Secretary with a vote of 5-0. DISCUSSION ITEMS No discussion. ADJOURNMENT Meeting was adjourned at 8:42 PM These minutes respectfully submitted by: V.At Shelby Lowe, Mlministrative Assistant Minutes approved as submitted o. this 1st day of Dec 22. a Mark Lewis, Chairperson