2024-03-28 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 28, 2024, AT 6:00 PM IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DR.
CALL TO ORDER
Chairperson Luis opened the meeting for the Zoning Board of Adjustments Special Meeting at
6:00 PM
ZBA Chairperson, Mark Lewis
ZBA Secretary, Gary Shrum
ZBA Member, Donald Glenn
ZBA Member, Todd Iocco
ZBA Alternative Member, Christopher Tristan
ZBA Alternative Member, Crystal Cook
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 March 7, 2024.
Chairperson Lewis read into the record the items on Approval of Minutes. Member Glenn made
the motion to approve, Member Shrum seconded the motion.
Motion passed 5-0.
NEW BUSINESS
Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ
24-03: Variance for an Attached Patio to Project more than 50% into the Rear Setback.
CONSIDERATION AND POSSIBLE ACTION - VARZ 24-03: VARIANCE FOR AN ATTACHED
PATIO TO PROJECT MORE THAN 50% INTO THE REAR SETBACK
Public Hearing: A request by Walker Draeger, Avree Custom Pools, applicant, on behalf of
Lance Willis, owner, for approval of a variance, as permitted by the Unified Development Code,
Ordinance No. 2000-T, to allow for an attached patio cover sharing the roof line of the main
structure to project into the required rear yard for a depth greater than 50% of the required rear
setback for the Single -Family Residential) (R-1) District (Section 2.6.1.1 (f)(2)(d)), to wit:
Legal Description: Lot 28 & the adjoining one-half of Lot 29, Block 4, Green Tee, a subdivision
in Harris County, Texas, according to the map or plat recorded in Volume 170, Page 28 of the
Map Records of Harris County, Texas.
General Location: 3019 Country Club Drive, Pearland, TX.
Planner II Bauer presented the staff report with exhibits. Planner II Bauer stated that the
variance application was to allow for an attached patio to extend more than 50% into the rear
setback and easement. Planner II Bauer discussed the Unified Development Code (UDC)
requirements, that the patio would extend to a max depth of 17 feet at the patio's greatest depth
and extend 10-feet into the Utility Easement (U.E.). Planner II Bauer stated the patio overhangs
at the maximum depth of 7 feet into the U.E., which is 85 % of the rear setback, and any paving
that is within the U.E. is stated to be removable should a utility need access to the easement.
Planner II Bauer stated staff received six public phone calls requesting additional information.
Planner II Bauer stated that the variance request meets three out of the eight criteria of the UDC
for approval, and staff is unable to recommend approval.
Applicant, Lance Willis at 3019 Country Club Drive, Pearland, Texas 77581, and contractor,
Walker Draeger of Avree Custom Pools at 5296 Latigo Court, Alvin, Texas 77511 was in
attendance in -person in Council Chambers to present to the ZBA Board. Mr. Willis discussed the
pool and patio construction on his property. Mr. Willis stated that the patio overhang was 16 feet
above the ground and the U.E. was obsolete. Mr. Willis stated that Mr. Draeger was available for
any technical questions about the project.
Chairperson Lewis called for public input.
There were no persons wishing to speak for or against the proposed request.
Secretary Shrum asked staff the legal definition of an easement and does it state any conditions
on the area above the ground. Deputy City Attorney Provins stated there was not a distinct
definition, that the plat creates a utility easement and the UDC could label the easement Water
Sewer Electricity (WSE) if not then the easement may contain other utilities such as gas, electrical
or cable. Deputy City Attorney Provins stated that some of the utilities are placed on the front of
the easement, but he could not say where they are located and perhaps Mr. Willis or Mr. Draeger
might know the location. Mr. Drager responded that the easement is obsolete, when they
remodeled the home and added a gas line it was not located in the easement. Mr. Drager stated
that the Comcast utility cable and water line are not located in the easement. Member Glenn
asked staff if the patio is in the way what would be the homeowner's responsibility. Deputy City
Attorney Provins answered that by state law the City has no authority to let someone build or
interfere in an easement and it would be the property owner's responsibility to remove the
obstruction or compensate the utility contractor. Member Glenn asked staff if the board granted
the variance with the same statement. Deputy City Attorney Provins stated that just because the
city granted the variance does not take away the utilities right to enjoy the easement. Member
Shrum asked staff if the city could be held financially responsible if the board granted the variance.
Deputy City Attorney Provins responded hypothetically, if the homeowner refused to compensate
based on the City approving the variance the City would only be liable if it was a true policy or if
it were a tangible use of physical property. Member Shrum asked staff if there would be a variance
required currently or in the future with the pool. Deputy Director Griggs stated the pool is currently
in a compliant position. Member Shrum asked staff if the board was voting for the extension into
the easement of a maximum depth of 7 feet. Deputy Director Griggs clarified that the total height
of the patio is 23 feet and a maximum overhang of 6 feet. Deputy Director Griggs further explained
that the submitted plans indicate an angle that creates more of a trapezoid where one side is
slightly shorter than the opposite side. Member Shrum asked staff for clarification on the height
of the patio. Deputy Director Griggs stated staff looks at the bottom of the structure to the eve
because any equipment would be needed to work within that space and clarified the height of the
patio is 11 feet. Chairperson Lewis asked the applicant, Mr. Willis, to clarify the height. Mr. Lewis
stated that his contractor, Mr. Draeger, would be able to answer. Mr. Draeger stated that the
height is 11 feet and asked staff if the patio was unattached structure from the house is that within
guidelines. Director Wyly stated that was incorrect, there is a 10-foot easement in the back of the
property while unattached structures have different requirements and there is an easement
present. Chairperson Lewis asked Mr. Draeger to confirm that the plans submitted are the ones
being used to build the patio. Mr. Draeger responded yes, everything you see will be built exactly
to code because that is directly vvhsd was received from his engineer. Chairperson Lewis asked
staff to confirm that the overhang into the easement would be a minimum of 5 feet and a maximum
of7feet, Planner || Bauer responded yes that he reached out tothe bui|der, and they provided a
measurement of six and a half feet into the easement and staff does round up to give leeway for
the building. Chairperson Lewis asked staff for final clarification that there will be no actual holes
being in the ground in the easement. Planner || Bauer stated yes, poles will be outside, and it will
be [o[novab|8 pavers. Member ShFU[D asked oi8ff if this was the only property that had an iSSU8
with the overhang into the easement that the other properties looked similar. Director Wyly stated
that the easement was put in with the subdivision and has nothing to do with the City of Pearland.
Mr. Lewis discussed the denial of his request being the setback and not the easement and that
other neighbors have built into the eoee0oDi. Member Shrum stated that it's clear there are no
utilities in the easement because of the previous concrete pool that was built. Deputy Director
Griggs stated that there are multiple aiainnnento in the UDC that state they Sho|| not encroach on
any dedicated easements.
No further discussion from Staff, ZBA Board or Public input.
Chairperson Lewis read into the record the itanle on Consideration and Possible Acton -VARZ
24-03: Variance for an attached patio to project more than 50% into the rear setback. Member
Glenn made the motion to approve the variance request as presented and Member |0000
seconded the motion.
Motion passed 4-1.
ADJOURNMENT
Vice Chairperson Acosta adjourned the Zoning Board of Adjustment Meeting at 6:55 PM.
These minutes respectfully submitted by:
ennifer Danley, Executive Assistant
Minutes approved as sybmitted on this 2,d day of May 2024.
Mark Lewis, Chairperson