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2024-08-01 Zoning Board of Adjustments Meeting MinutesMINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF PEARLAND, TEXAS HELD ON AUGUST 1, 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 6:00 PM ZBA Chairperson, Mark Lewis ZBA Vice Chairperson, Jerry Acosta 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, Planner II Patrick Bauer, and Executive Assistant Jennifer Danley. APPROVAL OF MINUTES Approve the ZBA Meeting Minutes from July 11, 2024. Chairperson Lewis read into the record the items on Approval of Minutes. Member Glenn made the motion to approve, and Member locco seconded the motion. Motion passed 5-0. NEW BUSINESS Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 24-15: Variance to Deviate from the Requirements for an On -Premise Ground Sign. Consideration and Possible Action - VARZ 24-15: Variance to Deviate from the Requirements for an On -Premise Ground Sign Public Hearing: A request by Maureen Silk, applicant, on behalf of International Leadership of Texas, Inc., represented by Charles Klein, owner, for approval of a variance, as permitted by the Unified Development Code, Ordinance No. 2000-T, to allow for deviations from the requirements for an on -premise ground sign (Section 4.2.5.3 (b)), to wit: Legal Description: Lot 1, Block 1, A Replat of Liberty at Broadway Marketplace, a subdivision in Brazoria County, Texas, according to the map or plat recorded in County Clerk's File No. 2023041940 in the Plat records of Brazoria County, Texas. General Location: 2468 Broadway Street, Pearland, TX. Planner II Bauer presented the staff report with exhibits. Mr. Bauer stated that this was a request to deviate from the requirements for an on -premise ground sign regarding the maximum height, maximum sign area, location, and the size of an Electronic Changeable Message Sign (ECMS). Mr. Bauer discussed that staff had not received any public comments on the request, the history of the property, and the individual details of the applicant's requested sign deviations. Mr. Bauer stated the variance met three out of the eight criterions of the Unified Development Code (UDC) and that staff recommends denial of the variance for an on -premise ground sign. The owner, Charles Klein at 2021 Lakeside Boulevard, Richardson, Texas 75082, was in attendance in -person in Council Chambers to present to the ZBA Board. Mr. Klein discussed the cost of redesigning the sign and the desire to have a uniform sign for all campuses, the school's trilingual curriculum and outreach to the community, and the other business's signs along Broadway Street. Chairperson Lewis called for public input. There were no persons wishing to speak for or against the proposed request. Chairperson Lewis asked the owner, Mr. Klein, if he discussed with staff about removing layers from the base of the sign to lower the height. Mr. Klein stated that the infrastructure of the sign is a prefabricated steel cage, and that option would be less of a monetary intrusion to the redesign. Mr. Klein pointed out that they agree with the setback requirement. The ZBA board discussed the height and size of the sign, the height and size of the signs in the area, and the precedent that could be set if the approval was granted. Chairperson Lewis asked the owner if they agreed with the UDC setback requirement. Deputy City Attorney Provins stated that the applicant agreed with the setback requirement and Mr. Klein stated yes. Vice Chairperson Acosta confirmed with staff the setback requirement and that it would be in the easement. Mr. Bauer stated yes, and that Engineering would review the location to determine if it would interfere with any utility lines. Member Shrum asked staff what ECMS stands for. Mr. Bauer stated Electronic Changeable Message Sign. The ZBA Board discussed the voting method on the sign variance request. Deputy Director Griggs clarified that the vote is to have a sign that complies with the UDC, or a sign being granted variances from the UDC. No further discussion from Staff, ZBA Board or Public input. Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 24-15: Variance to Deviate from the Requirements for an On -Premise Ground Sign. Member Acosta made the motion to approve VARZ 24-15 as presented by staff and Member Shrum seconded the motion. Motion failed 0-5. Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 24-04: Extension Request for ZBA Application No. VARZ24-04. Consideration and Possible Action - Extension Request for ZBA Application No. VARZ 24- 04 Public Hearing: A request by Tri Minh Cao, applicant, on behalf of Donald W. Jordan, owner, for approval of an extension of an already approved variance, as permitted by the Unified Development Code, Ordinance No. 2000-T, to reduce the 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 88, Block 1, Somersetshire Estates, a subdivision in Brazoria County, Texas, according to the map or plat recorded in Volume 16, Pages 283-284, in the Plat records of Brazoria County, Texas. General Location: 9914 Camelots Court, Pearland, TX. Planner II Bauer presented the staff report with exhibits. Mr. Bauer stated the request is to extend a previous approved variance to reduce the landscape buffer for a nonresidential use that has a side or rear contiguous to any residential use or residential zoning district on May 2, 2024. Mr. Bauer discussed that the applicant appears to be making progress towards submittal of all required documents and procedures for permitting and staff recommends approval of the extension request. Applicant Tri Min Cao at 9914 Camelots Court, Pearland, Texas 77584, was in attendance in - person in Council Chambers to answer questions for the ZBA Board. Chairperson Lewis called for public input. There were no persons wishing to speak for or against the proposed request. No further discussion from Staff, ZBA Board or Public input. Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 24-04: Extension Request for ZBA Application No. VARZ24-04. Member Glenn made the motion to approve VARZ 24-04 as presented, and Member locco seconded the motion. Motion passed 5-0 ADJOURNMENT Chairperson Lewis adjourned the Zoning Board of Adjustment Meeting at 6:30 PM. These minutes respectfully submitted by: Jennifer Danley, y, ive Assistant Minutes approved as submitted on this 15th day of August 2024. Mark Lewis, Chairperson