R2024-CUP24-19 2024-09-09RESOLUTION R2024- CUP24-19
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for an Accessory Dwelling use within the
Single-Family Residential-1 (R-1) District, to accommodate an Accessory
Dwelling Unit, on approximately 0.7922 acres of land, being Lot 8, Block 3,
Shadycrest, a subdivision in Brazoria County, Texas, according to the map or
plat thereof recorded in Volume 8, Page 95-98 of the Plat records of Brazoria
County, Texas (located at 2104 West Mary’s Creek Lane, Pearland,
Texas). Conditional Use Permit Application No CUP24 -19, for an Accessory
Dwelling use, within the Single-Family Residential-1 (R-1) District, at the
request of Tom Daniel, applicant and owner, containing a savings clause, a
severability clause, and an effective date and other provisions related to the
subject.
WHEREAS, Tom Daniel, applicant and owner, is requesting approval of a
Conditional Use Permit (CUP) for an Accessory Dwelling use within the Single-Family
Residential-1 (R-1) District, on approximately 0.7922 acres of land; said property being
legally described in the legal description attached hereto and made a part hereof for all
purposes as Exhibit “A”, and more graphically depicted in the vicinity map attached hereto
and made a part hereof for all purposes as Exhibit “B”; and
WHEREAS, on the 19th day of August 2024, a public hearing was held before the
Planning and Zoning Commission of the City of Pearland, Texas, notice being given by
online publication on the City website, a copy of which being attached hereto and made
a part hereof for all purposes as Exhibit "C”, said call and notice being in strict conformity
with provisions of Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, the Planning and Zoning commission having fully reviewed all the
information provided and heard the testimony of all those who wished to speak has
provided a recommendation letter with input and discussion attached hereto as Exhibit
“D”; and
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WHEREAS, on the 9th day of September 2024, the City Council having fully heard
the testimony and argument of all interested parties finds that in the case of the application
of Tom Daniel, applicant and owner, is requesting approval of a Conditional Use Permit
(CUP) for an Accessory Dwelling use within the Single-Family Residential-1 (R-1) District;
presented which, in the judgment of the City Council, would justify the approval of said
application; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section I. The following described property located within the corporate City
Limits of the City of Pearland, Texas, and presently being located within the Single-Family
Residential-1 (R-1) District, is hereby granted a Conditional Use Permit (CUP) for an
Accessory Dwelling use, in accordance with all conditions and requirements of the Unified
Development Code approved by the City Council and incorporated for all purposes, such
property being more particularly described as:
Legal Description: Lot 8, Block 3, Shadycrest, a subdivision in Brazoria County,
Texas, according to the map or plat thereof recorded in Volume 8, Page 95 -98 of
the Plat records of Brazoria County, Texas.
General Location: 2104 West Mary’s Creek Lane, Pearland, Texas
Condition: The CUP shall only allow for the accessory dwelling unit to be
occupied by a person who is related to the person by the first degree of
consanguinity or affinity who occupies the primary dwelling unit on the
subject property.
Section II. The City Council of the City of Pearland finds and determines that the
recitations in the preamble hereof are true and that all necessary prerequisites of law
have been accomplished and that no valid protest of the proposed change has been
made. The City Council further finds and determines that there has been compliance with
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the mandates of law in the posting and presentation of this matter to the Planning and
Zoning Commission and to City Council for consideration and decision.
Section III. The City Council of the City of Pearland finds and determines that the
Resolution adopted herein promotes the health, safety, and general welfare of the public
and is a proper valid exercise of the City’s police powers.
Section IV. If any section, subsection, sentence, clause, phrase, or portion of this
Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision
and such holding shall not affect the validity of the remaining portions thereof.
Section V. All rights and remedies, which have accrued in the favor of the City
under this Resolution and its amendments thereto, shall be and are preserved for the
benefit of the City.
Section VI. This Resolution shall become effective after its passage and
approval
PASSED, APPROVED, and ADOPTED on this day, the 9th day of September 2024.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
____________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
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________________________________
DARRIN M. COKER
CITY ATTORNEY
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Exhibit “A”
Legal Description
Lot 8, Block 3, Shadycrest, a subdivision in Brazoria County, Texas, according to the map
or plat thereof recorded in Volume 8, Page 95-98 of the Plat records of Brazoria County,
Texas.
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Exhibit “B”
Vicinity Map
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Exhibit “C”
Notification
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Exhibit “D”
Recommendation Letter with Input and Discussion
Recommendation Letter with Input and Discussion
August 20, 2024
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Conditional Use Permit Application No. CUP 24-19
Honorable Mayor and City Council Members:
At their regular meeting on August 19, 2024, the Planning and Zoning Commission considered
the following:
Public Hearing: A request by Tom Daniel, applicant and owner, for approval of a
Conditional Use Permit (CUP) for an Accessory Dwelling Unit use within the Single-Family
Residential-1 (R-1) District, on approximately 0.7922 acres of land, to wit:
Legal Description: Lot 8, Block 3, Shadycrest, a subdivision in Brazoria County, Texas,
according to the map or plat thereof recorded in Volume 8, Page 95-98 of the Plat records
of Brazoria County, Texas.
General Location: 2104 West Mary’s Creek Lane, Pearland, Texas.
The Planning and Zoning Commission conducted a public hearing for the proposed CUP request
at their regular meeting on August 19, 2024. The applicant was present at the meeting and
discussed the privacy screening to be provided and that the dwelling is for their family. There was
no comment from the public. The commission and staff discussed conditions related to who could
live in the accessory dwelling, the setbacks for the property, and whether the dwelling could be
used as a caretaker's quarters.
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After discussion, the Commission made an amended motion to include a condition that whoever
lives in the accessory dwelling unit is related to the person who lives in the primary dwelling unit.
The Commission made a motion to recommend approval of the amended motion and the motion
passed by a vote of 4-0. The vote by the Commission constitutes a positive recommendation
for Council approval. Should the City Council seek to approve the CUP with condition added by
the Commission, then the following condition should be added by Council:
• The CUP shall only allow for the accessory dwelling unit to be occupied by a person who
is related to the person who occupies the primary dwelling unit on the subject property.
Excerpts from the Minutes of the Planning & Zoning Commission Meeting:
Planner II Bauer presented the staff report with exhibits. Mr. Bauer stated that the request is to
allow for the construction of an Accessory Dwelling to the rear of the existing garage on a Single-
Family Residential property. Mr. Bauer explained that the proposed expansion is to develop a
living space for the owner’s family members to reside in. Mr. Bauer discussed that staffed
received three written public comments in favor of the request, the history of the property, and
the proposed site plan. Mr. Bauer stated that the CUP meets all criteria of the UDC, and staff
recommends approval.
Applicant, Tom Daniel at 2104 West Mary Creek Lane, Pearland, Texas 77581, was in
attendance in-person in the PEDC Board Room to present to the P&Z Commission. Mr. Daniel
discussed the privacy screening at the back for the neighbor to the south and that the expansion
is for their family so everyone has their own space.
Chairperson Fuertes called for public input.
There were no persons wishing to speak for or against the proposed request.
Assistant City Attorney Provins suggested that if for some reason the property were to change
hands in the future, a condition to consider would be to grant the CUP on the condition that
whoever lives in the accessory dwelling unit is related to the people who live in the primary unit.
Mr. Provins asked the applicant if he agreed to the condition. Applicant, Mr. Daniel, stated yes
and he discussed the plans they have with the adjacent lot he owns. The Commissioners
discussed the condition and the future owners of the property. Commissioner Echols asked staff
if the back of the property was coherent with the build line. Planner II Bauer stated yes, and
accessory structures have a setback of five feet from a property line and they can’t encroach on
any easements. Commissioner Echols discussed adding caretakers’ quarter to the condition.
Deputy Director Griggs stated that a caretakers’ quarters are separately defined. Mr. Provins
stated that caretakers’ quarters is allowed with approval of a CUP in the R-1 District.
There was no further discussion from Staff, P&Z Commission or Public input.
Chairperson Fuertes read into the record the item on Consideration and Possible Action –
Conditional Use Permit Application: CUP 24-19. Commissioner Stockdick made the motion to
approve the CUP, and Vice Chairperson Isenberg seconded the motion.
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Commissioner Stockdick made the amendment to the original motion to include a condition that
whoever lives in the accessory dwelling unit is related to the person who lives in the primary
dwelling unit, and Vice Chairperson Isenberg seconded the motion.
Motion passed 4-0.
Sincerely,
Martin Griggs, AICP, CNU-A
Deputy Director, Community Development
On behalf of the Planning and Zoning Commission
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