2023-11-02 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 NOVEMBER 2, 2023, AT 6:00 PM IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DR.
CALL TO ORDER
Secretary Shrum opened the meeting for the Zoning Board of Adjustments Regular Meeting at
6:01 PM
ZBA Secretary, Gary Shrum
ZBA Member, Donald Glenn
ZBA Member, Todd locco
ZBA Alternative Member, Christopher Tristan
Also, present were Deputy City Attorney Lawrence Provins, Community Development Director
Vance Wyly, Community Development Deputy Director Martin Griggs, Planner I Patrick Bauer,
Planning Intern Logan Farris and Administrative Assistant Shelby Lowe.
APPROVAL OF MINUTES
Approve the ZBA Meeting minutes from August 3, 2023.
Secretary Shrum read into the record the items on Approval of Minutes. Member Glenn made the
motion to approve the of the August 3, 2023, ZBA minutes, Member Iocco seconded the motion.
Motion passed 4-0.
NEW BUSINESS
Secretary Shrum read into the record the items on Consideration and Possible Action — VARZ
23-11: Fence Variance for a Residence in Single -Family Residential (R-1) Zoning District.
CONSIDERATION AND POSSIBLE ACTION - VARZ 23-11: FENCE VARIANCE FOR A
RESIDENCE IN SINGLE-FAMILY RESIDENTAL (R-1) ZONING DISTRICT
Public Hearing: A request by Vidal Pineda, applicant, and owner, for approval of a variance as
permitted by the Unified Development Code, Ordinance No. 2000-T, to allow a six-foot (6') high
decorative fence within the front yard in lieu of the four -foot (4') permitted in the Single -Family
Residenial-1 (R-1) District (Section 4.2.4.3(a)(2)(b)), to wit:
Legal Description: Lot 1, Block 1, Minor Plat of L & E Estate, a subdivision of 1.000 acres of
land in the City of Pearland, Texas, according to the map or plat recorded in County Clerk's File
No. 2014041116 in the Plat records of Brazoria County, Texas.
General Location: 3430 Keis Road, Pearland, TX.
No action taken. Item was pulled by applicant.
Secretary Shrum read into the record the items on Consideration and Possible Action — VARZ
23-12: Special Exception and Variance for the Development of a Drive-Thru Only Restaurant.
CONSIDERATION AND POSSIBLE ACTION - VARZ 23-12: SPECIAL EXCEPTION AND
VARIANCE FOR THE DEVELOPMENT OF A DRIVE-THRU ONLY RESTAURANT
Public Hearing: A request by Alma Gonzalez, applicant, on behalf of Rebecca Le, owner, for
approval of a special exception and a variance, as permitted by the Unified Development Code,
Ordinance No. 2000-T, to allow:1. Special exception for the construction of a new building on a
property with existing nonconformities (Section 2.7.3.7(a));2. Variance to reduce the transparency
requirement within the Corridor Overlay District (Section 2.4.5.1(d)(2)(c)), to wit:
Legal Description: Restricted Reserve "A", Block 1, Final Plat of Bank One - Broadway near
Dixie Farm Road, a subdivision in Brazoria County, Texas, according to the map or plat recorded
in Volume 24, Page 287, of the Plat records of Brazoria County, Texas.
General Location: 1509 Broadway Street, Pearland, TX.
Planner I Bauer presented the staff report with exhibits. Planner I Bauer stated that the special
exception conforms to all criteria of the UDC for approval. Staff recommends approval for the
special exception. Planner I Bauer stated that the variance meets 3 out of the 8 criterions of the
UDC for approval. Staff is unable to recommend approval for the variance to reduce the
transparency requirement.
Applicant Representative, Graham Hildebrand with Salad and Go at 4910 Joseph Hardin Drive,
Dallas, Texas 75236, was in attendance in -person in Council Chambers to present to the ZBA
Board. Mr. Hildebrand presented a presentation to the Zoning Board of Adjustments and stated
that he would be focusing on the variance request. He stated that Salad and Go is a micro -
footprint restaurant with no in -door dining and if they glazed to 25 percent, it would not add any
visual appeal. Mr. Hildebrand stated that all customers would see is the back of house. He stated
that everything would be hidden with the proposed 13 percent glazing. Mr. Hildebrand stated that
their proposal would be visually appealing and that he is available to answer any questions.
Landowner Representative, Paul Dodd with New Quest Properties at 887 West Sam Houston
Parkway North, Suite 200, Houston, Texas 77040, was in attendance in -person in Council
Chambers to answer any questions for the Zoning Board of Adjustments.
Landowner Representative, Rebecca Le with New Quest Properties at 811 Spear Point Cove,
Houston, Texas 77079, was in attendance in -person in Council Chambers to answer any
questions for the Zoning Board of Adjustments.
Secretary Shrum called for public input.
There were no persons wishing to speak for or against the proposed request.
Secretary Shrum read into the record the items on Consideration and Possible Action — VARZ
23-12: Special Exception and Variance for the Development of a Drive-Thru Only Restaurant.
Member Glenn made the motion to approve the special exception request, Member Iocco
seconded the motion.
Motion passed 4-0.
Secretary Shrum and Mr. Hildebrand discussed proposed building elevations. Mr. Hildebrand
clarified that the building would only be one-story tall. Member Tristian asked Mr. Hildebrand if it
was possible for the glass to be frosted. Mr. Hildebrand stated that he could discuss that option
with the building designers. Member |onooand Deputy Director Griggs discussed the 25percent
transparency requirement. Member |ocno stated he would be in favor nfthe Q|eme being frosted
because he would prefer to not see the kitchen. K4annbe[ |Vnoo and Deputy Director (5hgOS
discussed different possible options for this building. &1onnber |ocoo stated that that he
understands the applicant not wanting to nneam with the proposed design of the building and is in
favor of the variance. Member Glenn stated that due to the nature of the building he is in favor of
the variance. Secretary Shrum stated he would becomfortable with voting infavor ofthe variance
this evening.
No further discussion from Staff, ZBA Board or Public input.
Mennber|oono made the motion to approve the variance request, Member Glenn seconded the
Motion passed 4-0.
8eC[8[8[y Shrum read into the record the hBnls on C0DSidg[U[0O and POSSib|R ACU0D — V/\RZ
23-14: Special Exception to Construct a Building Expansion on a Property with Existing Non -
Conformities.
CONSIDERATION AND POSSIBLE ACTION ' VARZ 2344: SPECIAL EXCEPTION TO
CONSTRUCT A BUILDING EXPANSION ON A PROPERTY WITH EXISTING NOW
CONFORMITIES
Public Hearing: A request by Don Cramer, applicant, on behalf of VVaUar Konrad owner, for
approval of special exception, as permitted by the Unified Development Code, Ordinance No.
2000-T, to allow for development to occur on a property with an existing nonconformity, to wit:
Legal Description: A 124Q84-acretract ofland being out of29.585 acres of land, being all of
Lot 7 of the H. Masterson Subdivision of Section 5. of the H.T. & B.R.R. Company Survey,
Abstract 237, Bnazoria County, Texes, recorded in Volume 28' Page 0' of the Deed records of
Brozo[ieCounty, Texas.
General Location: 5331 West Orange Street, Peed8nd, TX.
Noaction taken. Item was pulled by applicant.
DISCUSSION ITEMS
No discussion,
ADJOURNMENT
Meeting was adjourned ai8:49PW1
These minutes respectfully submitted by:
Jennifer Danley, Executive Assistant
Minutes approved as su
mitted on this 2"d day of May 2024.
Mark Lewis, Chairperson