2024-08-15 Zoning Board of Adjustments Special Meeting MinutesMINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE
CITY OF PEARLAND, TEXAS HELD ON AUGUST 15, 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 Iocco
ZBA Member, Don Glenn
ZBA Member, Gary Shrum
ZBA Alternative Member, Bincy Jacob
Also, present were Deputy City Attorney Lawrence Provins, 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 August 1, 2024.
Chairperson Lewis read into the record the items on Approval of Minutes. Member Glenn made
the motion to approve, and Member Iocco seconded the motion.
Motion passed 5-0.
NEW BUSINESS
Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ
24-16: Change in Nonconforming Status for the Resumption of a Previously Abandoned
Nonconforming Use.
Consideration and Possible Action - VARZ 24-16: Change in Nonconforming Status for the
Resumption of a Previously Abandoned Nonconforming Use
Public Hearing: A request by Nate Pierre, applicant and owner, for approval for a change in
nonconforming status, as permitted by the Unified Development Code, Ordinance No. 2000-T, to
allow for the resumption of a nonconforming use previously abandoned (Section 2.2.5.3(a)(4)), to
wit:
Legal Description: Being Lots 9-12, in Block 1, of Town of Pearland, a subdivision in Brazoria
County, Texas, according to the map or plat recorded in Volume 29, Page 41, of the Deed records
of Brazoria County, Texas.
General Location: 2223 North San Antonio Avenue, Pearland, TX.
Planner II Bauer presented the staff report with exhibits. Mr. Bauer stated that this was a
request to allow for a nonconforming status use, to allow for the previous three dwelling family
use to be resumed on the site that was previously abandoned. Mr. Bauer discussed that staff
received one phone call requesting information about the request, the history of the property,
and survey of the property. Mr. Bauer stated the variance met all criteria of the Unified
Development Code (UDC) and that staff recommends approval of the variance.
The owner, Nate Pierre at 18833Tovvn Ridge Lane, VVebster, Texas 77598, was in attendance
in -person inCouncil Chambers toanswer questions for the ZBABoend.
Chairperson Lewis called for public input.
Citizcn, Candy Brantley at2218 San Antonio Avenue, Pea[|mnd' Tmxus77581 stated she was
opposed tothe variance and the owner does not take care ofthe property. Ms. Brantley discussed
her concern regarding multiple families residing on the property.
Member Shrum asked staff about the zone change in 2086. Planner U Bauer explained that the
zone change to Old Town -Residential K]T-R\ District in 2008 made the multi -family use not
permitted by right. K4mnnber Shrum umhod staff the definition of abandoned. Mr. Bauer explained
that abandoned or vacant nneona the utilities are off for more than six months and not habitable
and that is when the site needs to be brought into compliance. Member |ooco asked staff about
the increase in traffic in the area and if additional parking would be required. Mr. Bauer stated the
[8qUi[8DlnDt is two parking 6p8C8S per unit and a Traffic Impact Analysis would not be triggered
by engineering due to the onna|| number of unite on the property. Mmrnhmr |ocuo asked staff for
other locations ofmulti-family dwellings iDthe area. Mr. Bauer and Deputy Director Griggs pointed
out other multi -family properties in the area. Vice Chairperson Acosta asked staff about parking
and if stacking was allowed in the OT-R District. Mr. Griggs stated the OT-N District has limited
spacing and vehicle parking stacking is allowed. Chairperson Lewis asked the applicant how long
he has owned the property. Mr. Pierre stated he has owned the property for a month and a half.
No further discussion from Staff, ZBA Board or Public input.
Chairperson Lewis read into the record the items on Consideration and Posaib|eActon—VARZ
24-10: Change in Nonconforming Status for the Resumption of o Previously Abandoned
Nonconforming Use. Member Acosta made the motion to approve VAF<Z24-18 as presented by
staff and Member Glenn seconded the motion.
Motion failed 3-2.
ADJOURNMENT
Chairperson Lewis adjourned the Zoning Board of Adjustment Meeting at 6:18 PM.
These minutes respectfully submitted by:
-�
Jennifer Danley, Executive Assistant
Minutes approved as submitteclon th ,Vh day of
Mark Lewis, Chairperson