HomeMy WebLinkAbout20250403 Zoning Board of Adjustments Regular Meeting MinutesMINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE
CITY OF PEARLAND, TEXAS HELD ON APRIL 3, 2025, AT 6:00 PM IN THE
PEARLAND ECONOMIC DEVELOPMENT CORPORATION, CITY HALL, 3519 LIBERTY DR.,
SUITE 350.
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, Don Glenn
Also, present were Deputy City Attorney Lawrence Provins, Assistant City Attorney Katie Leiniger,
Community Development Director Vance Wyly, Community Development Deputy Director Martin
Griggs, Planning Manager, Katya Copeland, Planner II Patrick Bauer, Planner II Katie Peterson,
and Executive Assistant Jennifer Danley.
APPROVAL OF MINUTES
Approve the ZBA Meeting Minutes from February 6, 2025.
Chairperson Lewis read into the record the items on Approval of Minutes. Vice Chairperson
Acosta made the motion to approve, and Member Shrum seconded the motion.
Motion passed 5-0.
NEW BUSINESS
Chairperson Lewis read into the record the item on Consideration and Possible Action — VARZ
24-26: Variance for the Reduction of the Landscape Buffer Requirement Adjacent to Residential
Use and the Reduction of the Corridor Overlay District Setback for Food Store/Supermarket Use.
Consideration and Possible Action - VARZ24-26: Variance for the Reduction of the
Landscape Buffer Requirement Adjacent to Residential Use and the Reduction of the
Corridor Overlay District Setback for Food Store/Supermarket Use
Public Hearing: A request by Sel Thint, applicant, on behalf of Adam Saadi, owner, for approval
of variances, as permitted by the Unified Development Code, Ordinance No. 2000-T, to allow:
1. Variance to reduce the landscape buffer requirement 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)),
2. Variance to reduce the required 30' setback for parking and maneuvering areas to
be a landscaped 5' setback within the Corridor Overlay District Section
2.4.5.1(c)(2)), to wit:
Legal Description: Being a tract or parcel containing 0.8199 of an acre (35,718 square feet) of
land situated in the W.D.C. Hall Leage, Abstract Number 70, Brazoria County, Texas; being all of
a called 0.613 acre tract of record in the name of 2011 Property, Inc., in Brazoria County Clerk's
File (B.C.C.F.) Number 2024035106 and all of a called 0.2673 acre tract of record in the name of
2011 Property, Inc., in B.C.C.F. Number 2024045816; Saif 0.8199 acre tract also being out of and
a part of Commercial Reserve in Vie Villa, a subdivision duly of record in Volume 14, Page 60, in
the Plat of Records of Brazoria County (B.C.P.R.), Texas.
General Location: Northwest corner of Yost Boulevard and Broadway Street, Pearland, Texas.
Planner II Peterson presented the staff report with exhibits. Ms. Peterson explained that the first
variance request seeks a reduction in the required landscape buffer from 25 feet with a masonry
wall to 12.5 foot setback with an eight -foot masonry screening wall. She noted that staff
received 20 public written comments in opposition to the request, reviewed the aerial and
zoning map, and briefly outlined the site plan and renderings. Ms. Peterson further explained
that the second variance request seeks a 25-foot reduction in the required 30-foot Corridor
Overlay District (COD) front landscape setback, proposing a setback of five feet. She stated that
the first request meets two of the eight criteria outlined in the Unified Development Code (UDC),
and may meet a third, but staff is unable to fully recommend approval. Regarding the second
request, Ms. Peterson stated that it meets three of the criteria outlined in the UDC and may
meet a fourth, but again, the staff is unable to fully recommend approval. However, if the board
is considering approval, staff recommends the following conditions:
1. The minimum setback for all -off-street parking, maneuvering and loading areas from the
right-of-way line of Broadway Street, shall be ten feet (10') to provide adequate space for
screening of the parking areas, to include a combination of trees, shrubs and ornamental
trees.
The applicant Sel Thint, at 9075 Friendswood Drive #200, Friendswood, Texas 77546, was in
attendance in -person to answer questions for the ZBA Board.
Chairperson Lewis called for public input.
Resident Silvia Arehart, at 3903 Shady Crest Drive, Pearland, Texas 77581, spoke in opposition
to the request, citing that the variance will cause harm to the homeowners.
Resident Lisa Brownstein, at 3904 Shady Crest Drive, Pearland, Texas 77581, spoke in
opposition to the request and asked the board to enforce the existing city regulations.
Resident Damien Trump, at 2103 Rolland Rue Street, Pearland, Texas 77581, spoke in
opposition to the request, stating that it would disrupt the use of his property.
Resident Cynthia Montemayor, at 3503 Longherridge Drive, Pearland, Texas 77581, spoke in
opposition to the request and expressed agreement with the previous comments.
Resident Allie Trump, at 2103 Rolland Rue Street, Pearland, Texas 77581, spoke in opposition
to the request, citing concerns of safety, increased traffic in the area, and loss of quality of life.
Resident Fred Arehart, at 3903 Shady Crest Drive, Pearland, Texas 77581, spoke in opposition
to the request, stating that the proposed development is too large for the lot and recommending
that the applicant consider an alternative location or revise the building plans.
Resident Christina Moore, at 3904 Longherridge Drive, Pearland, Texas 77581, spoke in
opposition to the request, citing concerns of whether a hardship was truly met, potential loss of
property values, and a negative impact of the development on the neighborhood.
Resident William Schulze, at 2113 Rolland Rue Street, Pearland, Texas 77581, spoke in
opposition to the request, expressing concerns about increased traffic and safety, and suggesting
that the store be built at a different location.
Resident Dawn Fertitta, at 2108 Rolland Rue Street, Pearland, Texas 77581, spoke in opposition
to the request, urging the Board to deny the variance due to safety concerns and increased traffic
in the area.
Resident Brian Armbruster, at 4009 Longherridge Drive, Pearland, Texas 77581, spoke in
opposition to the request, stating that while he is not opposed to the store itself, it should conform
to all applicable regulations.
ZBA members shared with the residents that development can, and likely will, occur on the lot at
some point in the future. Chairperson Lewis asked the applicant why they could not comply with
the UDC regulations. The applicant responded that large setback requirements at both the front
and rear of the property, along with the presence of two front yards along Broadway and Yost,
make compliance difficult.
No further discussion from Staff, ZBA Board or Public input.
Chairperson Lewis read into the record the item on Consideration and Possible Action — VARZ
24-26: Variance for the Reduction of the Landscape Buffer Requirement Adjacent to Residential
Use. Vice Chairperson Acosta made the motion to approve VARZ 24-26 (1) as presented, and
Member Shrum seconded the motion.
Motion failed 1-4.
Chairperson Lewis read into the record the item on Consideration and Possible Action — VARZ
24-26: Variance for the Reduction of the Corridor Overlay District Setback for Food
Store/Supermarket Use. Member Glenn made the motion to approve VARZ 24-26 (2) with staff
conditions, and Member Shrum seconded the motion.
Motion failed 1-4.
Chairperson Lewis read into the record the item on the Consideration and Possible Action —
VAZ2025-0056: Special Exception to Plat a Lot with Existing Nonconformities relating to the Side
and Rear Setback of Tract 2 and Placement of Existing Accessory Structure on Tract 1.
Consideration and Possible Action - VAZ2025-0056: Special Exception to Plat a Lot with
Existing Nonconformities relating to the Side and Rear Setback of Tract 2 and Placement
of Existing Accessory Structure on Tract 1
Public Hearing: A request by Luther Daly, of Overland Surveyors, applicant, on behalf of Marcus
and Sarah Parker, owner, for approval of Special Exceptions as permitted by the Unified
Development Code, Ordinance No. 2000-T, to allow for a property with existing nonconformities
to be platted (Section 2.7.3.7 (a)(4)), to wit:
Legal Description: Tract 1: Being a 1.25-acre parcel of land situated in the H.T. & B.R.R. Survey,
Abstract 240, Brazoria County, and being out of that tract of land consisting of the two called 3.00-
acre tracts as recorded in Brazoria County Clerk's File 95004308, SAVE & EXCEPT the called
1.199 acres conveyed to the City of Pearland as recorded in B.C.C.F. 2004044429.Tract 2: Being
a 3.56-acre parcel of land situated in the HT&BRR Survey, Abstract 240, Brazoria County, and
being out of that tract of land consisting of the two called 3.00-acre tracts as recorded in Brazoria
County Clerk's File 2004044429.
General Location: 2904 Hatfield Road, Pearland, Texas.
Planner II Peterson presented the staff report with exhibits. Ms. Peterson explained that the
Special Exception is to allow development on a property with existing nonconformities to be
Platted into two Tots, enabling the development of residential use on the southern portion of the
site. She added that the Special Exception specifically pertains to an existing nonconformity
related to the front setback of an existing structure. Ms. Peterson noted that staff received one
phone call in opposition to the request, reviewed the history of the property, and explained the
existing nonconformities. She stated that the Special Exception meets criteria six of the UDC, and
that staff recommends approval.
The applicant Luther Daly, at 999 E. Basse Road, Suite 180, Box 521, San Antonio, Texas 78212,
was in attendance in -person to answer questions for the ZBA Board.
Chairperson Lewis called for public input.
Resident Rubyn Mendez, at 2914 Hatfield Road, Unit B, Pearland, Texas 77584, expressed
concerns regarding potential flooding because of the proposed development.
Resident Corina Mendez, at 2914 Hatfield Road, Unit B, Pearland, Texas 77584, expressed
concerns about additional flooding associated with the development.
ZBA Members asked staff whether inspections are conducted during development. Staff
responded that inspections do occur. Mr. Daly confirmed that the project is following proper
flood control procedures during the Platting process and will continue to do so during future
construction.
No further discussion from Staff, ZBA Board or Public input.
Chairperson Lewis read into the record the item on the Consideration and Possible Action —
VAZ2025-0056: Special Exception to Plat a Lot with Existing Nonconformities relating to the Side
and Rear Setback of Tract 2 and Placement of Existing Accessory Structure on Tract 1. Member
Iocco made the motion to approve VAZ2025-0056 as presented, and Vice Chair Acosta seconded
the motion.
Motion passed 5-0.
Chairperson Lewis read into the record the item on the Consideration and Possible Action —
VAZ2025-0066: Special Exception to Allow Development of Detention on a Lot with Existing
Nonconformities, Variances to the Corridor Overlay District Setback and Residential Use Buffer.
Consideration and Possible Action - VAZ2025-0066 - Special Exception to Allow
Development of Detention on a Lot with Existing Nonconformities, Variances to the
Corridor Overlay District Setback and Residential Use Buffer
Public Hearing: A request by FMS Surveying, LLC., applicant, on behalf of Billy Griffin, owner,
for approval of a Special Exception and variances, as permitted by the Unified Development
Code, Ordinance No. 2000-T, to allow:
1. Special Exception for 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)),
2. Variance for landscaping within the Corridor Overlay District (COD) (Section
2.4.5.1(c) & (g)),
3. Variance for 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: Being a 9.607 acre (418,483 square feet) tract of land out of a five (5) acre
tract of land, out of Tract No. 1 of the Subdivision of Section 26, H.T. & B.R.R. Company Survey,
Abstract 550, Brazoria County, Texas, according to the plat of said subdivision, as recorded in
Volume 2, Page 129 of the Plat Records of Brazoria County Texas, and described in deed to Billy
E. Griffin and wife, Dominica Griffin, recorded in Volume 892, Page 715 of the Deed Records of
Brazoria County, Texas, and out of a 1.50 acre tract, recorded in Volume 892, Page 719 of the
Deed Records of Brazoria County, and the south five (5) acres of a Tract or Lot No. 1 of the
Subdivision of Section 26, H.T. & B.R.R. Company Survey, Abstract 550, Brazoria County, Texas,
according to the plat of said subdivision, as recorded in Volume 2, Page 129 of the Plat Records
of Brazoria County Texas.
General Location: 4802 Bailey Road, Pearland, Texas.
Planner II Peterson presented the staff report with exhibits. Ms. Peterson explained the three
variance requests related to the property, noted that staff received a written request for additional
information, and briefly reviewed the history of the property and site plan. Request (a): Ms.
Peterson stated that the Special Exception to allow the expansion of preexisting nonconforming
use meets criteria four of the UDC, and that staff recommends approval. Request (b): Ms.
Peterson explained that the variance for landscaping within the Corridor Overlay District (COD)
reduction meets five and may meet one of the eight criteria of the UDC, and staff recommends
approval. Request (c): Ms. Peterson stated that the landscape buffer variance meets seven and
may meet one of the eight criteria of the UDC, and staff recommends approval.
The applicant, Jack Mooney, at 2403 Woody Road, Pearland, Texas 77581, was in attendance
in -person to present to the ZBA Board. Mr. Mooney discussed the development details of the
property.
Chairperson Lewis called for public input.
There were no persons wishing to speak for or against the proposed request.
The ZBA members asked staff what type of development is allowed by right to the east of the
subject property. Planner II Peterson responded that the area to the east is Suburban Residential-
15 (SR-15) District, which allows low -density residential uses. Member Glenn asked staff whether
the combination of a five-foot setback and a ten -foot swale constitutes an effective 15-foot
setback. Ms. Peterson responded that, due to the COD requirement that 15 percent of the overlay
setback is landscaped, the proposed configuration would meet the requirement.
No further discussion from Staff, ZBA Board or Public input.
Chairperson Lewis read into the record the item on the Consideration and Possible Action —
VAZ2025-0066: Special Exception to Allow Development of Detention on a Lot with Existing
Nonconformities, Variances to the Corridor Overlay District Setback and Residential Use Buffer.
Member Shrum made the motion to approve VAZ2025-066 request a. as presented, and Member
Glenn seconded the motion.
Motion passed 5-0.
Member Glenn made the motion to approve VAZ2025-066 request b. as presented with the
condition that the plantings should be a minimum of 24 inches in height at time of planting, and
Vice Chairperson Acosta seconded the motion.
Motion passed 5-0.
Vice Chairperson Acosta made the motion to approve VAZ2025-066 request c. as presented with
the condition that the plantings should be a minimum of 24 inches in height at time of planting,
and Member Iocco seconded the motion.
Motion passed 5-0.
Chairperson Lewis read into the record the item on the Consideration and Possible Action —
VAZ2025-000: Variance to Reduce the Setback for a Detached Garage that is Accessed from a
Side Yard Facing a Public Street.
Consideration and Possible Action - VAZ2025-0070: Variance to Reduce the Setback for a
Detached Garage that is Accessed from a Side Yard Facing a Public Street
Public Hearing: A request by Jose Quintana, applicant and owner, for approval of a variance, as
permitted by the Unified Development Code, Ordinance No. 2000-T, to allow for a detached
garage that is accessed from a side yard facing a public street to encroach into the required
setback for a garage (Section 2.5.3.1(d)(2)), to wit:
Legal Description: Lot 13, Block 4, Willowick, a subdivision in the City of Pearland, Texas,
according to the map or plat recorded in Volume 16, Pages 99-100, in the Plat Records of Brazoria
County, Texas.
General Location: 2724 Holly Springs Drive, Pearland, Texas.
Planner II Patrick Bauer presented the staff report with exhibits. Mr. Bauer stated that the request
is for approval of a variance to allow an unpermitted accessory structure to encroach into the
required setback for a garage. Mr. Bauer noted that staff received seven public comments in
favor, two written comments in opposition, and one phone call in opposition to the request. He
briefly discussed the history of the property and the setback requirements for a detached garage.
Mr. Bauer stated that the request meets three of the eight criteria for granting a variance as
outlined in the UDC, and that staff is unable to recommend approval.
The applicant Jose Quintana, at 2724 Holly Springs Street, Pearland, Texas 77584, was in
attendance in -person to present to the ZBA Board. Mr. Quintana briefly described the intended
use of the structure and the overall development on the property.
Chairperson Lewis called for public input.
Resident John McManus, at 2722 Holly Springs Drive, Pearland, Texas 77584, spoke in favor of
allowing the accessory structure to remain on the property, citing the importance of flexibility for
customizing backyards and maintaining home values consistent with the surrounding community.
Resident Jim Hancock, at 2721 Hot Springs Drive, Pearland, Texas 77584, spoke in opposition
to the accessory structure, stating that it alters the character of the neighborhood and may
decrease the value of nearby homes.
Resident Paula Spruill, at 2723 Holly Springs Drive, Pearland, Texas 77584, spoke in favor of the
accessory structure, noting that it prevents large items from being visible on the property.
Resident Kevin Eash, at 2723 Holly Springs Drive, Pearland, Texas 77584, spoke in favor of the
accessory structure, stating that it provides storage for vehicles that would otherwise be visible in
the driveway and considered an eyesore, thus improving the appearance of the property.
Member Glenn asked staff about the maximum allowable height for an accessory structure in the
Single -Family Residential-2 (R-2) District. Planner II Bauer responded that an accessory structure
may not be taller than the primary building, and that the maximum building height in the R-2
District is 35 feet. Member locco asked staff what kind of precedent this approval might set and
whether similar buildings exist within the neighborhood. Mr. Bauer replied that each variance
request is evaluated individually. Chairperson Lewis asked the applicant whether they had spoken
with neighboring residents about the structure. Mr. Quintana responded that they are renters, and
the property owner had no objections to the request.
No further discussion from Staff, ZBA Board or Public input.
Chairperson Lewis read into the record the item on the Consideration and Possible Action —
VAZ2025-000: Variance to Reduce the Setback for a Detached Garage that is Accessed from a
Side Yard Facing a Public Street. Member Iocco made the motion to approve VAZ 2025-0070 as
presented, and Member Shrum seconded the motion.
Motion failed 2-3.
ADJOURNMENT
Chairperson Lewis adjourned the Zoning Board of Adjustment Meeting at 8:04 PM.
These minutes respectfully submitted by:
(„yuyt.,./
./..,u.'))(trilp
Jennifer Danley, Executive Assistant
Minutes approved as submitted on this 1st day of May
Mark Lewis, Chairperson