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HomeMy WebLinkAbout1996-02-22 Zoning Board of Adjustment Meeting MinutesMINUTES - SPECIAL MEETING OF THE ZONING BOARD OF ADJUSTMENTS OF THE CITY OF PEARLAND, TEXAS HELD ON THURSDAY, FEBRUARY 22, 1996, AT 7:00 PM, IN THE COUNCIL CHAMBERS OF CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order at 7:03 PM with the following present: Chairman John Lei sal Vice -Chairman Tony Vento Board Member Ben Lenamon Board Member Calvin Collier Board Member Marvin Elam Chief Building Official Don E Guynes APPROVAL OF MINUTES Board Member Ben Lenamon made a motion, seconded by Board Member Calvin Collier, to approve the minutes of the February 1, 1996 meeting. Motion passed 5 to 0. NEW BUSINESS 96-6, REQUEST OF DAN MUNIZA, AGENT FOR CENTER AMERICA PROPERTY TRUST, L.P., FOR A VARIANCE FROM SECTION 22.4.(4), TO ALLOW 10' OVER THE ALLOWABLE 15' SIGN HEIGHT, AT 3205 E. BROADWAY Dan Muniza explained that they are proposing to install a multi -tenant sign to match the facia of the recently remodeled shopping center. He stated that they will remove the existing 33 to 35' Kroger cube sign. He added that they will also eliminate the freestanding Payless sign if and when Payless moves out. Chief Building Official Don E Guynes stated that the bottom of the sign must be enclosed. Board Member Tony Vento made a motion, seconded by Board Member Ben Lenamon, to approve V96-6. Motion passed 5 to 0. 1 V96-7, REQUEST OF HAI XVAN TRAN, OWNER, FOR A VARIANCE FROM 26.9.(b) ABANDONMENT AND TABLE VII FOR GB, TO ALLOW USE OF AN EXISTING BILLBOARD SIGN, AT 2205 N. MAIN Kimlinh Tran, owner, explained to the Board that she thought that she could not use the billboard sign when she purchased the property. Celeste Aray, real estate agent, explained that when she sold the Tran's this property she also thought that they could use the billboard sign. Mrs. Tran showed pictures and gave numerous reason why she thought the Board should allow them to use the billboard sign. Board Member Ben Lenamon made a motion, seconded by Board Member Marvin Elam, to deny V96- 7. Motion failed 3 to 1 with Vice -Chairman Tony Vento abstaining. Chairman John Lejsal, made a motion, seconded by Tony Vento to approve V96-7. Motion failed 3 to 2. V96-8, REQUEST OF HARRY & JEANNIE LIVELY, OWNERS, FOR A VARIANCE FROM SECTION 20.6 BUILDING FACADES, AT 2403 S. GALVESTON Harry Lively explained that he had applied for and was granted a Facade variance in March, 1994 (V94-12). He was supposed to brick the front of the building within six (6) months, however, he never did. Jeannie Lively told the Board that they are proposing to move a new tenant into one of their suites. When the inspectors came out for the occupancy inspection, they realized that the facade requirements had never been met. Mr. and Mrs. Lively stated that they do not feel that they should have to meet the facade requirements because of the plants in front of their building. Chairman John Lejsal stated that he did not think that this Board could grant a variance to a variance that had previously been granted. Board Member Ben Lenamon made a motion to give the Lively's a ninety (90) day extension to brick the front of their building. Chairman John Lejsal stated again that he did not think that this Board could grant a variance since a variance had previously been granted. Board Member Ben Lenamon withdrew his motion. After a lengthy discussion, the Board thought it would be acceptable to grant an extension for the Lively's but not another variance. 2 Board Member Ben Lenamon reinstated his motion to allow a ninety (90) day extension for the Lively's to brick the front of their building. Vice -Chairman Tony Vento seconded the motion. Motion passed 4 to 1. Chief Building Official Don E Guynes stated that he would present this dilemma to the City Attorney for her opinion V96-9, REQUEST OF BETTY GILBERT, AGENT FOR FAITH COMMUNITY CHURCH, FOR A VARIANCE FROM SECTION 13.4.4, TO NOT PROVIDE THE REQUIRED SCREENING/FENCING, AT 2402 E. BROADWAY Board Member Marvin Elam stated that he would like to excuse himself from this variance request because of a conflict of interest. This church property abuts his property. Chairman John Lejsal explained to Betty Gilbert that it takes four positive votes to approve a variance. Without the vote of Mr. Elam there were only four (4) members to vote. He explained that they have the option to wait until the next meeting if they choose to do so. Ms. Gilbert stated that she would prefer to wait until the next meeting to have this variance considered. Board Member Calvm Collier made a motion to table this item until five members were present to consider the request. Board Member Ben Lenamon seconded the motion. Motion passed 4 to 0 with Marvin Elam abstaining. THE BOARD CALLED A FIVE (5) MINUTE RECESS AT 8:15 AM. THE BOARD RETURNED AT 8:22 PM. V96-10, REQUEST OF JEFF LARSON, AGENT FOR DAVID POWERS HOMES, FOR A VARIANCE FROM SECTION 7.4.2(c), FOR A 5' ENCROACHMENT INTO THE REQUIRED 15' AGGREGATE BETWEEN HOMES, AT 2703 WEST OAKS BOULEVARD Steve Powers of David Powers Homes spoke to the Board regarding this variance. He stated the proposed house on Lot 20 will be 11' from the proposed one-story on Lot 21. Mr Powers presented a letter from the proposed home buyers stating that they were aware that this home would not meet the 15' required aggregate. He also presented a letter from the Architectural Control Committee stating that the garage must be placed 15' from the side property line and that they did not object to the 11' between homes. A lengthy discussion ensued regarding other ways to relocate the home and garage on the lot to meet the 15' aggregate between homes 3 Chairman John Lejsal made a motion to approve V96-10 with the stipulation that the home to be built on Lot 21 would be a one-story home. Board Member Ben Lenamon seconded the motion. Motion failed 2 to 2 with 1 abstention V96-11, REQUEST OF DON BARRAS, OWNER OF HERITAGE ERECTORS, INC. FOR A VARIANCE FROM SECTION 19.4.3(a), FOR A 25' ENCROACHMENT INTO THE REQUIRED 25' FROM THE CURB RETURN, AT 5616 MEGAN Jerry Barras of Heritage Erectors, Inc., and Chief Building Official Don E Guynes explained to the Board the reason for this variance is the unusually long radius of the curb. Board Member Ben Lenamon made a motion, seconded by Vice -Chairman Tony Vento to approve V96- 11. Motion passed 5 to 0. ADJOURNMENT The meeting adjourned at 9:00 PM. Minutes of the meeting approved and/or corrected this day of , A.D., 1996. John Lejsal, Chairman ATTEST: Mona Ann Phipps, Board Secretary 4