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2024-02-01 Zoning Board of Adjustments Meeting MinutesMINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF PEARLAND, TEXAS HELD ON FEBRUARY 1, 2024, 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 Secretary, Gary Shrum ZBA Member, Todd locco ZBA Member, Donald Glenn ZBA Alternative Member, Christopher Tristan ZBA Alternative Member, Natasha Charles Also, present were Deputy City Attorney Lawrence Provins, Community Development Director Vance Wyly, Community Development Deputy Director Martin Griggs, Planner II Patrick Bauer, and Executive Assistant Jennifer Danley. APPROVAL OF MINUTES Approve the ZBA Meeting minutes from December 7, 2023. Chairperson Lewis read into the record the items on Approval of Minutes. Member Shrum made the motion to approve, Member locco seconded the motion. Motion passed 5-0. NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION - EXTENSION REQUEST FOR ZBA APPLICATION NO. VARZ 23-12 Deputy Director Griggs stated that the applicant withdrew the application for the variance and therefore it has been removed from the agenda. Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 24-01: Variance for a Nonresidential use in the Old Town -Mixed Use (OT-MU) District. CONSIDERATION AND POSSIBLE ACTION - VARZ 24-01: VARIANCE FOR A NONRESIDENTIAL USE IN THE OLD TOWN -MIXED USE (OT-MU) DISTRICT Public Hearing: A request by Lawrence and Tessie Gurley, applicant, and owner, for approval of a variance, as permitted by the Unified Development Code, Ordinance No. 2000-T, to reduce the landscape buffer for a nonresidential 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: Lot 1, Block 1, Minor Plat Plumeria Place, a subdivision of 0.1710 acres of land in the City of Pearland, Texas, according to the map or plat recorded in County Clerk's File No. 2023056897 in the Plat records of Brazoria County, Texas. General Location: 3602 East Plum Street, Pearland, TX. Planner II Bauer presented the staff report with exhibits. Planner II Bauer stated that the request is for a landscape buffer variance specifically for office use. Planner II Bauer stated that the property was previously discussed at the December 7, 2023, Zoning Board of Adjustment (ZBA) meeting. Planner II Bauer explained the variance is to allow the proposed pavement along North Galveston Avenue to be 13 feet from the south property line, the proposed pavement along the alleyway to be 4 feet from the south property line, and for a deviation from the required landscaping within the buffer. Planner II Bauer stated staff received two written comments in support and one against the request, one phone call in support of the request, and one walk-in against the request. Planner II Bauer summarized the previous request pertaining to the property, and the adjacent residents were against the variance request due to the school traffic congestion and encroachment of parking into the alley. Planner 11 Bauer stated on North Galveston Avenue the applicant is proposing three back out parking spaces, six back out parking spaces along the alley, a thirteen -foot landscape buffer for the front half of the property, and a four -foot landscape buffer at the back half of the property. Planner II Bauer stated the applicant is requesting to provide no landscaping from North Galveston Avenue to the rear of the adjacent carport at the request of the adjacent property owner. Planner 11 Bauer stated that from the rear of the adjacent carport to the beginning of the fence, the applicant is requesting to provide a dense vegetative screen that will be opaque year-round, and the existing wood fence serve as the remaining buffer. Planner II Bauer stated the variance met four out of the eight criterions of the Unified Development Code (UDC). Planner II Bauer explained that the intersection and configuration of the lot pose challenges to the property, but staff finds that the hardship faced by the applicant is based on their desire to have more parking on the property than the minimum number of spaces required by the UDC. Planner 11 Bauer stated that the buffer requirement may impose a hardship on properties within the Old Town District that are being converted to nonresidential uses as they would be required to provide a 25 or 30-foot buffer adjacent to any single-family residential use, which will reduce the area on a property where parking may be located. Planner II Bauer stated that staff are currently working with the City Council to re -write the UDC and this is one area of change in OT-MU staff is seeking to review. Planner II Bauer stated that in the previous variance application staff recommended a condition that a solid vegetative screen be provided along the south property line and the proposed site plan provides the vegetative screen for the length of the building. Planner II Bauer stated that staff recommends approval of the requested variance with the following condition: 1. The property owner maintains the fence along the southern property boundary. Should the fence be removed then either a new fence be installed of similar quality and nature as to what exists today, or the vegetative screen be extended to be within 10' of the alleyway to allow sight visibility for the adjacent property. Applicant representative, Henry Fuertes of Gromax Development, LLC, at 8512 Beacon Bend Lane, Pearland, Texas 77584, was in attendance in -person in Council Chambers to present to the ZBA Board. Mr. Fuertes stated that the property is a challenging site due to the school traffic and neighbors' proximity. Mr. Fuertes stated the applicant is requesting no landscaping from North Galveston Avenue to the carport due to the neighbor's concern of vehicle damage from the vegetative buffer. Mr. Fuertes stated the purpose of the buffer is to take the view away from the back corner to fence. He stated that they are in complete agreement with the staff's condition to construct and maintain the vegetative screen and fence. Mr. Fuertes stated that the parking area at North Galveston Avenue only requires 1 handicap space, but the owner is requesting to add two additional spaces. He stated that the applicant agrees with City staff not to utilize the parking on East Plum Avenue by the garage. Mr. Fuertes discussed the parking spaces along the alley. He stated the first three spaces are granted by right and OT-MU site regulations encourage parking entrances from the alley. Mr. Fuertes stated that this area will be used as the preferred parking area of the property. He stated that the traffic is not ideal in this area and the office is not going to change the traffic between 3:30 pm — 4:00 pm. Mr. Fuertes stated that OT-MU properties are encouraged on each block. He stated if the tree was determined to be harmed by the Urban Forester, they will not add the additional parking space. Chairperson Lewis called for public input. There were no persons wishing to speak for or against the proposed request. Secretary Shrum asked staff if they had a slide from the December meeting to show the plan changes from tonight's meeting and discuss why there was not going to be a landscape buffer on the north side. Planner II Bauer stated that there was not, but he would explain the differences. Planner II Bauer stated that the alleyway the tandem space was 9 feet in width and has been reduced to 8 feet in width. Planner II Bauer stated at the front of the property there was existing pavement and now the applicant will remove the pavement and landscape the area. Planner II Bauer stated that the applicant is adding 10 additional feet of green space. Planner II Bauer explained the landscape concern, the adjacent neighbor was concerned about the vegetative buffer scratching vehicles and requested no buffer in that area, or the vegetative screen be placed further back on the property. Secretary Shrum asked staff if there was a four -foot opening between the fence and garage. Planner II Bauer stated yes, the neighbor wanted the buffer set further back, so it doesn't impact their property. Member Glenn asked staff what the distance would be acceptable to the adjacent property owner. Deputy Director Griggs replied that the property owner was not in attendance, and he does not know what would be acceptable. Secretary Shrum asked staff if the fence goes down do you have it in writing that the property owner will replace. Planner II Bauer stated yes. Chairperson Lewis asked staff if the request was to be voted on the three proposals separately or as one vote. The Deputy City Attorney Provins stated if there is not uniformity on all three parts, they would need to vote on the parts separately. Chairperson Lewis stated the board would vote on them separately. Secretary Shrum asked staff to show the three parts of the request. Deputy City Attorney Provins stated that the 30-foot buffer does not make sense for this location without this exception the property owner would have to tear down half the house. Deputy City Attorney Provins stated that the staff is in favor of the request and disallowing the variance would not be an effective building regulation. Deputy Director Griggs stated the request is dealing with the depth of the landscape buffer on the property and the owners agreed to remove the concrete so there is no temptation to park in that area. Director Wyly stated we currently have a Revitalization Plan Request for Quotes (RFQ) posted to seek a consultant to propose amendments to the UDC. Director Wyly stated that staff will be looking at the significance these buffers have on the area and the very high likeliness that a buffer like this may be erased or dropped down to a three-foot area. Member Acosta confirmed with staff that the paving along Plum Avenue would be eliminated. Deputy Director Griggs stated the property owner has already removed the pavement on the private property and engineering is going to require the removal of the concrete on Plum Avenue. Deputy City Attorney Provins stated the ZBA could require the removal of concrete as a condition of granting the landscaping. Secretary Shrum asked staff by right the property owner is entitled build two parking spots on the west side of the structure and we are not voting on that. Planner II Bauer stated the alleyway allows the owner to go 30 feet which is approximately three parking spaces. Secretary Shrum asked staff if that is the same for the two parking spaces on the west side. Planner II Bauer stated that by right it's one parking space. Secretary Shrum asked staff that our vote tonight is not for the by right parking spaces. Planner II Bauer stated correct, the vote is to allow the variance for the buffer. No further discussion from Staff, ZBA Board or Public input. Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 24-01: Variance for a Nonresidential use in the Old Town -Mixed Use (OT-MU) District. Vice Chairperson Acosta made the motion to approve the variance request as presented by staff with the addition of requiring the pavement on the city right of way along Plum Street to be removed as condition for approval. Member locco seconded the motion. Motion passed 5-0. ADJOURNMENT Chairperson Lewis adjourned the Zoning Board of Adjustment Meeting at 6:36 PM. These minutes respectfully submitted by: Cud Jennifer Danley, Executive Assistant Minutes approved as submitted on this 7th day of March 2024. Mark Lewis, Chairperson