2022-10-06 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 OCTOBER 6, 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
6:01 P.M.
In attendance were:
ZBA Chairperson, Mark Lewis
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, Planner I Patrick Bauer and
Administrative Assistant Shelby Lowe.
APPROVAL OF MINUTES
Approve the ZBA Meeting minutes from July 7, 2022.
Chairperson Lewis read into the record the items on Approval of Minutes. Member Shrum made
the motion to approve, Member Charles seconded the motion.
Motion passed 4-0.
N EW BUSINESS
Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ
22-17: Variance to Reduce Parking Requirement for a General Retail Store Use.
CONSIDERATION AND POSSIBLE ACTION — VARZ 22-17: VARIANCE TO REDUCE
PARKING REQUIREMENT FOR A GENERAL RETAIL STORE USE
P ublic Hearing: A request of Palen, LLC., represented by Rohit Bhuriya, owner, to allow a
variance as permitted by the Unified Development Code Ordinance No. 2000-T, to allow for a
reduction in the required parking for a General Retail Store use in the General Commercial (GC)
District (Section 4 2 1 2), to wit:
Legal Description: Lot 1, Block 1, Airport Subdivision Section No. 4, a subdivision of 1.0804
acres of land in the City of Pearland, Texas, according to the Plat recorded in County Clerk's File
N o. 2022036964 in the Plat Records of Brazoria County, Texas.
General Location: 3520 E Walnut Street, Pearland, TX.
P lanner I Bauer presented the staff report with exhibits. Planner I Bauer stated that the variance
only conforms to 3 out 8 criterions of the UDC. Staff is unable to recommend approval.
Applicant, Rohit Bhuriya at 16055 Space Center Boulevard, Suite 190, Houston, Texas 77062,
was in attendance in -person in Council Chambers to present to the ZBA Board. He stated that
when he bought the property, he was unaware that he would not be allowed to connect to Walnut
Street. He described his difficulties trying to develop the property, described the proposed site
plan and stated that landscaping will cover 19% of the property which is excess to the UDC
requirements. Mr Bhuriya asked the Zoning Board of Adjustments for approval of the variance.
Chairperson Lewis called for public input.
Resident, Paul Eskine with Houston Aircraft Instruments at 2519 Park Avenue, Pearland, Texas
77581, is in favor for the proposed variance. He stated that this area has not been kept up with
and not utilized. Mr. Eskine asked the Zoning Board of Adjustments to approve this variance since
it will add value to the area, and the developer is proposing enhanced landscaping. He stated that
he doesn't think all the parking spaces will be utilized at one time on this site. Mr. Eskine stated
that he is an advocate for the Old Town Site and would like to see this development there.
Member Shrum and staff discussed parking on the property and if additional spots could be added
if the ROW dedication square footage was still available. Assistant Director Griggs was unable to
answer yes or no, due to too many variables to consider. Assistant Director Griggs, Deputy City
Attorney Provins, Member Lewis and Mr. Bhuriya discussed landscaping requirements and the
developer's proposed enhanced landscaping. Assistant Director Griggs stated that staff would be
in favor of the enhanced landscaping if the board decided to approve the variance.
No further discussion from Staff, ZBA Board or Public input.
Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ
22-17: Variance to Reduce Parking Requirement for a General Retail Store Use. Member Charles
made the motion to approve the variance with the condition that enhanced landscaping of 19% of
the lot be provided as shown on the applicant's proposed site plan, Member Tristan seconded the
motion.
Motion passed 4-0.
Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ
22-18: Fence Variance for a Residence in Residential Estate (RE) Zoning District.
CONSIDERATION AND POSSIBLE ACTION — VARZ 22-18: FENCE VARIANCE FOR A
RESIDENCE IN RESIDENTAL ESTATE (RE) ZONING DISTRICT
Public Hearing A request by Signature Homes, LLC., represented by Jennifer Pineda, applicant,
on behalf of Edith Valencia owner, to allow a variance as permitted by the Unified Development
Code, Ordinance No. 2000-T, to allow a seven -foot (7') high decorative fence within the front yard
in lieu of the four -foot (4') permitted in the Residential Estate (RE) District (Section
4.2.4.3(a)(2)(b)), to wit:
Legal Description: Lot 5, Block 1, Amending Plat of Eagle Landing a subdivision of 3.2533 acres
of land in the City of Pearland, Texas, according to the Plat recorded in County Clerk's File No.
2014032972 in the Plat Records of Brazoria County, Texas.
General Location: 1910 Hillhouse Road, Pearland, TX.
Planner I Bauer presented the staff report with exhibits. Planner I Bauer stated that the variance
bnly conforms to 3 out 8 criterions of the UDC. Staff is not strongly opposed to the variance but
is unable to recommend approval.
Applicant, Jennifer Pineda with Signature Homes, LLC at 15025 Almeda School Road, Houston,
Texas 77047, was in attendance in -person in Council Chambers to present to the ZBA Board.
S he explained the variance and why the landowners are asking for the variance. Ms. Pineda
stated that they are wanting to be secure and safe and ensure the safety of their neighbors due
to having dogs and a pool in the backyard. She stated that there are similar fences in the area.
Chairperson Lewis called for public input.
Resident, Oscar Greenwood at 1870 Hillhouse Road, Pearland, Texas 77584, stated that he is
opposed to this variance. He stated that the fence would be out of place in the neighborhood and
may affect his home value.
Member Shrum and Assistant Director Griggs discussed the wooden fencing for the backyard
and how the variance is only needed for the front yard fence. Member Lewis discussed fencing
material and fence height. Member Shrum asked about the proposed fence and how it may affect
surrounding property values. Ms. Pineda stated that she had pictures of houses in the
neighborhood with similar fencing that was above 4-foot. She showed ZBA Members the pictures.
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
22-18: Fence Variance for a Residence in Residential Estate (RE) Zoning District. Member Shrum
made the motion to approve the variance, Member Tristan seconded the motion.
Motion passed 4-0.
DISCUSSION ITEMS
N o discussion.
ADJOURNMENT
Meeting was adjourned at 6:43 PM
These minutes respectfully submitted by:
Shelby LSwe, Administrative Assistant
Minutes approved as submitted on this lst day of December 2022.
Mark Lewis, Chairperson