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2024-10-03 Zoning Board of Adjustments Meeting MinutesMINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF PEARLAND, TEXAS HELD ON OCTOBER 3, 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 Meeting at 6:00 PM. ZBA Chairperson, Mark Lewis ZBA Vice Chairperson, Jerry Acosta ZBA Secretary, Gary Shrum ZBA Member, Todd locco ZBA Member, Donald Glenn ZBA Alternative Member, Christopher Tristan 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 September 5, 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 item on Consideration and Possible Action — VARZ 24-19: Special Exception of the Expansion of a Nonconforming Use in the Old Town -Mixed Use (OT-MU) District. Consideration and Possible Action - VARZ 24-19: Special Exception of the Expansion of a Nonconforming Use in the Old Town -Mixed Use (OT-MU) District Public Hearing: A request by Humberto Moreno, applicant, on behalf of Rangel Kitchen, LLC., represented by Javier Contreras, owner, for approval of a special exception, as permitted by the Unified Development Code, Ordinance No. 2000-T, to allow the City to issue a building permit for expansion of a preexisting nonconforming use that is not in compliance with the Future Land Use Plan Map and/or zoning district when the Zoning Board of Adjustment determines that this special exception will not adversely impact water, wastewater, drainage, and street transportation systems, and is in accord with all City codes and applicable Comprehensive Plan policies, including those pertaining specifically to land use compatibility. (Section 2.7.3.7(b)(6)), to wit: Legal Description: Being Lots 11-24, in Block 27, 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: 2536 Grand Boulevard, Pearland, TX. Planner II Bauer presented the staff report with exhibits. Mr. Bauer stated the request is for the approval of a special exception to allow for the expansion of an existing restaurant use within the Old Town -Mixed Use (OT-MU) District. Mr. Bauer discussed the proposed covered patio expansion, noted that staff has not received public comments in favor or against the request, and a brief history of the property. Mr. Bauer stated that the expansion meets criterion six of the Unified Development Code (UDC) and staff recommends approval. The owner, Jaiver Contreras at 2536 Grand Boulevard, Pearland, Texas 77581, 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 item on Consideration and Possible Action — VARZ 24-19: Special Exception of the Expansion of a Nonconforming Use in the Old Town -Mixed Use (OT-MU) District. Vice Chairperson Acosta made the motion to approve VARZ 24-13 as presented, and Member locco seconded the motion. Motion passed 5-0. Chairperson Lewis read into the record the item on the Consideration and possible Action — Extension Request for ZBA Application No. VARZ 24.12. Consideration and Possible Action - Extension Request for ZBA Application No. VARZ 24- 12 Public Hearing: A request by Trung Doan & Sheila Rowley, applicant, on behalf of The Archdiocese of Galveston -Houston, owner, for approval of an extension of an already approved 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. Planner II Bauer presented the staff report with exhibits. Mr. Bauer stated the applicant requested an extension of a variance approved at the July 11, 2024, ZBA meeting, which allows deferring the landscape buffer requirement for the church's development to a future phase. Mr. Bauer discussed the variance expiration date, the applicant's actions since the ZBA approval, and that staff recommends approval of the variance extension. The applicant, Trung Doan at 1320 McGowen Street, Houston, Texas 77004, 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. Member locco asked staff to clarify the allowable extension window. Planner II Bauer stated that the approval window for a ZBA case can be extended up to one year of the original approval date. No further discussion from Staff, ZBA Board or Public input. Chairperson Lewis read into the record the item on the Consideration and possible Action — VARZ 24-12: Extension Request for ZBA Application No. VARZ 24.12. Member locco made the motion to approve VARZ 24-12 as presented, and Member Glenn seconded the motion. Motion passed 5-0. ADJOURNMENT Chairperson Lewis adjourned the Zoning Board of Adjustment Meeting at 6:16 PM. These minutes respectfully submitted by: Jennifer Danley, Executive Assistant Minutes approved as submit d on this - Mark Lewis, Chairperson