2024-07-11 Zoning Board of Adjustments Meeting MinutesMINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE
CITY OF PEARLAND, TEXAS HELD ON JULY 11, 2024, AT 6:00 PM IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DR.
CALL TO ORDER
Chairperson Mark Lewis opened the meeting for the Zoning Board of Adjustments Special
Meeting at 6:04 PM
ZBA Chairperson, Mark Lewis
ZBA Member, Todd locco
ZBA Member, Don Glenn
ZBA Member, Gary Shrum
ZBA Alternative Member, Crystal Cook
Also, present were Deputy City Attorney Lawrence Provins, Community Development Director
Vance Wyly, Community Development Deputy Director Martin Griggs, Planning Manager Katya
Copeland, and Executive Assistant Jennifer Danley.
APPROVAL OF MINUTES
Approve the ZBA Meeting Minutes from June 6, 2024.
Chairperson Lewis read into the record the items on Approval of Minutes. Member locco made
the motion to approve, and 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
24-11: Variance to Reduce the Rear Setback and for an Attached Patio to Encroach on an
Easement.
Consideration and Possible Action - VARZ 24-11: Variances to Reduce the Rear Setback
and for an Attached Patio to Encroach on an Easement
Public Hearing: A request by Brad Kuhn, applicant, on behalf of Patrick Beale, owner, for
approval of a variance as permitted by the Unified Development Code, Ordinance No. 2000-T, to
allow:
a. Variance to the 20' rear building setback requirement for the Single -Family Residential-1
(R-1) District (Section 2.4.2.5 (c)(2)(c)(1)), to allow for a building to encroach into the rear
building setback; and
b. Variance for an attached patio cover sharing the roof line of the main structure to encroach
on an easement (Section 2.6.1.1 (f)(2)(d)), to wit:
Legal Description: Lot 14, Block 5, Green Tee Terrace Section 1, 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: 3017 Green Tee Drive, Pearland, TX.
Deputy Director Griggs presented the staff report with exhibits. Mr. Griggs stated that this was to
allow for an unpermitted building expansion to encroach into the rear setback and an existing
utility easement, and for an attached patio cover attached to the main dwelling to extend into the
easement at the rear of the property. Mr. Griggs discussed that staff have not, received public
comments in favor of or against the variances, the history and site plan of the property, and the
details of each variance. Mr. Griggs stated that the building setback variance a. met five out of
the eight criterions of the Unified Development Code (UDC) for approval, and staff has no
objections to the existing building expansion. Mr. Griggs emphasized that the property owner is
aware that they will have to remove the structure if the utility provider needs access in the
future. Mr. Griggs pointed out that variance b. met four out of the eight criterions of the UDC for
approval and stated that staff was unable to recommend approval. Mr. Griggs conveyed that the
property owner will need to remove the patio cover in the future if the utility provider needs
access.
Applicant, Brad Kuhn at 2303 Fairway Circle, Pearland, Texas 77581, was in attendance in -
person in Council Chambers to present to the ZBA Board. Mr. Kuhn discussed that the letters of
no objection were requested from AT&T and CenterPoint, the location of utilities are at the front
of the property, and a variance was granted previously for the pool on the property.
Chairperson Lewis called for public input.
There were no persons wishing to speak for or against the proposed request.
Chairperson Lewis asked the applicant if the pool was currently in the easement. The applicant,
Mr. Kuhn, stated yes, part of the pool coping is located there. Chairperson Lewis asked when the
owner purchased the property there was already and existing storage building. Mr. Kuhn stated
yes and discussed the owner wanting a pool bathroom in that location. Chairperson Lewis asked
the applicant what the owner's objection was to reduce the patio cover by two feet. Deputy
Director Griggs stated that part of the patio cover is within the easement and the requirement is
for it not to encroach any easement. Chairperson Lewis asked the applicant if he had the letters
of no objection from the utility providers. Mr. Kuhn stated that they have requested letters of no
objection from the utility providers and that all the utilities currently come from the front of the
property.
No further discussion from Staff, ZBA Board or Public input.
Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ
24-11: Variance a. to allow for a building to encroach into the rear building setback. Member
Iocco made the motion to approve VARZ 24-11 request a. as presented by staff and, Member
Cook seconded the motion.
Motion passed 5-0.
Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ
24-11: Variance b. to allow for an Attached Patio to Encroach on the Easement. Member Shrum
made the motion to conditionally approve VARZ 24-11-part b. for an attached patio cover sharing
the roof line of the main structure to encroach on an easement contingent on the receipt of the
letters of no objection from the utility companies and, Member Iocco seconded the motion.
Motion passed 5-0.
Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ
24-12: Variance to Deviate from the Required Landscape Buffer between Nonresidential and
Single -Family Residential.
Consideration and Possible Action - VARZ 24-12: Variance to Deviate from the Required
Landscape Buffer between Nonresidential and Single -Family Residential
Public Hearing: A request by Trung Doan & Sheila Rowley, applicant, on behalf of The
Archdiocese of Galveston -Houston, owner, for approval of a variance as permitted by the Unified
Development Code, Ordinance No. 2000-T, to deviate from the required 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 of Catholic Community of St. Luke The Evangelist,
a subdivision of 19.934 acres of land in Harris County, Texas, according to the map or plat
recorded in County Clerk's File No. 20130343245 in the Plat records of Harris County, Texas.
General Location: 1750 Riverstone Ranch Drive, Pearland, TX.
Planning Manager Copeland presented the staff report with exhibits. Ms. Copeland stated that
this request was to approve a variance to allow for a deviation from the 30-foot required landscape
buffer for nonresidential use that has a side or rear contiguous to any residential use or residential
zoning district. Ms. Copeland discussed the UDC requirement, that staff have received 152 written
comments in favor of the variance, the history of the property, and the proposed site plan. Ms.
Copeland stated that the variance meets two out of the eight criteria of the UDC for approval, the
request is not to remove the requirement of the landscape buffer from the site but to defer the
requirement until the northwest and southwest quadrants of the site are developed in the future,
and that staff is unable to recommend approval of the variance.
Applicant Pete Garrett of Studio Red Architects at 1320 McGowen Street, Houston, Texas 77004,
was in attendance in -person in Council Chambers to present to the ZBA Board. Mr. Garrett
discussed the distance of the landscaping to the development, the financial hardship and
development of the property, the master plan phases of the church, and requested a deferment
of the landscape buffer.
Chairperson Lewis called for public input.
Pastor Douglas Guthrie of St. Luke Parish at 11011 Hall Road, Houston, Texas 77089, discussed
the development of the property, the church's outreach to the community, and enhancing the
property's appearance.
Resident, Phillip W. Hurd at 1419 Blakely Grove Lane, Pearland, Texas 77581, stated he was a
member of the church for three and a half years. Mr. Hurd discussed the Eagle Scout project for
the property, the church is a place for refuge, serenity, and prayer, and asked to delay the
landscaping requirement to a later phase of development.
Member Shrum asked staff when Council approved the CUP in 2012 were there any restriction
or comments specific requested that applicant needed to do based on the timing of the landscape
buffer. Deputy City Attorney Provins stated with the legal perspective of the UDC there are some
things a CUP can allow and delay and there are some that it cannot, and the delay of the
landscaping is not allowed by the UDC. Member Lewis asked staff if there was a new development
of homes. Mr. Provins stated that the homes came before the church and the distance has several
impacts on this development. Member Glenn asked staff if they will need to apply again for any
actions to what is currently being proposed. Mr. Provins responded yes, whenever the next phase
of the devo|opnnord staff will present the history of the site. Member |ooco asked staff if the
variance is just to postpone the landscaping requirement until further construction. K4[. Pnovina
responded yes; it is just deferring until future development. Deputy Director Griggs discussed that
staff would address this with the rewrite of the UDC, and the property being a unique development
with a large lot.
No further discussion from Staff, ZBA Board or Public input.
Chairperson Lewis read into the record the don1s on Consideration and Possible Action —VARZ
24-12: Variance to Deviate from the Required Landscape Buffer between Nonresidential and
Single -Family Residential. Member Glenn made the motion toapprove VARZ 24-12oapresented,
and Member |ocooseconded the motion.
Motion passed 5-O
ADJOURNMENT
Chairperson Lewis adjourned the Zoning Board of Adjustment Meeting at 6:50 PM.
These minutes respectfully submitted by:
Jennifer Danley, Executive Assistant
Minutes approved as submitted on this I" day of August 2024.
Mark Lewis, Chairperson