2024-03-07 Zoning Board of Adjustments Meeting MinutesMINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE
CITY OF PEARLAND, TEXAS HELD ON MARCH 7, 2024, AT 6:00 PM IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DR.
CALL TO ORDER
Vice Chairperson Acosta opened the meeting for the Zoning Board of Adjustments Regular
Meeting at 6:10 PM
ZBA Vice Chairperson, Jerry Acosta
ZBA Secretary, Gary Shrum
ZBA Member, Donald Glenn
ZBA Alternative Member, Bincy Jacob
Also, present were Deputy City Attorney Lawrence Provins, Community Development Deputy
Director Martin Griggs, Planner II Patrick Bauer, and Executive Assistant Jennifer Danley.
APPROVAL OF MINUTES
Approve the ZBA Meeting minutes from February 1, 2024.
Vice Chairperson Acosta read into the record the items on Approval of Minutes. Member Glenn
made the motion to approve, Member Shrum seconded the motion.
Motion passed 4-0.
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - VARZ 24-02: SPECIAL EXCEPTION AND
VARIANCE FOR A NONRESIDENTIAL USE IN THE OLD TOWN -GENERAL BUSINESS (OT-
GB) DISTRICT
Public Hearing: A request by Kevin Mohammadian, applicant, and owner, for approval of a
special exception and a variance, as permitted by the Unified Development Code, Ordinance No.
2000-T, to allow: a. Special exception for development to occur on a property with existing
nonconformities (Section 2.7.3.7(a));b. Variance to reduce the parking requirement for a Beauty
Shop use in the Old Town -General Business (OT-GB) District (Section 4.2.1.2), to wit:
Legal Description: Lot 1, Block 1, Development Plat of Pearland Midtown, a subdivision of 0.116
acres of land in the City of Pearland, Texas, according to the map or plat recorded in County
Clerk's File No. 2023043020 in the Plat records of Brazoria County, Texas.
General Location: 2340 North Grand Boulevard, Pearland, TX.
Planner II Bauer presented the staff report with exhibits. Planner II Bauer discussed that the
variance application was for a beauty shop and consists of two requests. Planner II Bauer
stated that request a. was a special exception to allow for improvements to occur on a property
with existing nonconformities and request b. was a parking variance to reduce the minimum on -
site required parking. Planner II Bauer explained that the existing property is nonconforming
because of the 25-foot front setback and a portion of the building would need to be demolished
to come into compliance. Planner II Bauer mentioned that staff have not received public
comments in favor or against the special exception. Planner II Bauer stated that the special
exception meets criteria four of the Unified Development Code (UDC) for approval, and staff
recommends approval. Planner II Bauer discussed the minimum parking requirements in OT-
GB district and that the request b. is to reduce the required parking from three to two spaces.
Planner II Bauer stated that request b. meets four out of the eight UDC criterions for approval,
and staff recommends approval of the requested variance with the following condition:
1. All proposed on -site parking spaces are required to be behind the front face of the
building.
Applicant representative, Kerry Mohammadian at 3705 Pine View Court, Pearland, Texas 77581,
was in attendance in -person in Council Chambers to answer questions for the ZBA Board.
Vice Chairperson Acosta called for public input.
There were no persons wishing to speak for or against the proposed request.
Secretary Shrum asked staff the City could not grant a variance if the applicant wanted to add on
to the existing structure and the UDC would not allow the structure to be any closer to the Right
of Way (ROW). Deputy City Attorney Provens stated yes, they cannot increase the non-
conformity.
No further discussion from Staff, ZBA Board or Public input.
Deputy City Attorney Provens recommended the motion to approve VARZ24-02 sub paragraph
(a): Special Exception request to allow for improvements to occur on a property with an existing
nonconformity. Member Shrum made the motion to approve, and Member Jacob seconded the
motion.
Motion passed 4-0.
Deputy City Attorney Provens recommended the motion to approve VARZ 24-02 request (b):
Variance to reduce the minimum on -site required parking for a proposed Beauty Shop within Old
Town from 3 to 2 spaces with the condition to include staff's recommendation. Member Jacob
made the motion to approve, and Member Glenn seconded the motion.
Motion passed 4-0.
ADJOURNMENT
Vice Chairperson Acosta adjourned the Zoning Board of Adjustment Meeting at 6:26 PM.
These minutes respectfully submitted by:
yovit -I/
Jennifer Danley, Executive Assistant
Minutes approved as submitted on this 28th day of March 2024.
I.
Mark Lewis, Chairperson