HomeMy WebLinkAbout20250501 Zoning Board of Adjustments Regular Meeting MinutesDocusign Envelope ID: 18191F18-A65A-4190-879D-A632C9EC4354
MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE
CITY OF PEARLAND, TEXAS HELD ON MAY 1, 2025, 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, Don Glenn
Also, present were Deputy City Attorney Lawrence Provins, Assistant City Attorney Katie Leiniger,
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 February 6, 2025.
Chairperson Lewis read into the record the items on Approval of Minutes. Member Shrum 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 —
VAZ2025-0109: Change in Nonconforming Status for the Resumption of a Previously Abandoned
Nonconforming Use.
Consideration and Possible Action - VAZ2025-0109: 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 explained that the request is
to allow the resumption of a three-family dwelling unit to be resumed on the site, which has
Docusign Envelope ID: 18191 F18-A65A-4190-879D-A632C9EC4354
been inactive for over six months. He noted that multiple -family dwellings are not permitted in
the Old Town Residential (OT-R) District. Mr. Bauer stated that staff had not received any public
comments either in support of or opposition to the request. He reviewed the history of the
property and briefly summarized the property survey. Mr. Bauer presented two parking
proposals and stated that the request meets the criteria outlined in the Unified Development
Code (UDC). He announced that staff recommends approval of the request. Mr. Bauer stated
that if the board is considering making the parking design a condition for approval, then staff
suggests one of the following options:
1. Parking Proposal #1: Provide parking lot striping within the existing driveway to
accommodate eight (8) spaces and identify spaces designated for each unit.
2. Parking Proposal #2: A minimum of 600 square feet of pavement is to be added north of
the existing driveway to accommodate four (4) parking spaces as per the site plan in the
applicant's packet. All six (6) parking spaces must be striped, identified, and designated
for which spaces are units they serve. Permits must be submitted, reviewed and
approved prior to any occupancy.
The applicant, Nate Pierre, at 2223 North San Antonio Avenue, Pearland, Texas 77581, was in
attendance in -person to present to the ZBA Board. Mr. Pierre discussed the parking concerns for
the property and referenced other multi -family complexes in the surrounding neighborhood.
Chairperson Lewis called for public input.
There were no persons wishing to speak for or against the proposed request.
The ZBA Board members discussed the two parking plans presented and the potential impacts
of each option. Vice Chairperson Acosta asked the applicant if they were open to providing
additional paving. Mr. Pierre responded affirmatively.
No further discussion from Staff, ZBA Board or Public input.
Chairperson Lewis read into the record the item on Consideration and Possible Action —
VAZ2025-0109: Change in Nonconforming Status for the Resumption of a Previously Abandoned
Nonconforming Use. Member Shrum made the motion to conditionally approve VAR2025-0109
utilizing parking proposal #2, and Vice Chairperson Acosta seconded the motion.
The ZBA Board discussed reducing the number of parking spaces to six and consulted with staff
regarding the parking requirements for the property.
Chairperson Lewis made an amendment to the motion on the condition that there are six parking
spaces with the location reviewed and approved by staff.
Motion passed 5-0.
Chairperson Lewis read into the record the item on the Consideration and Possible Action —
VAZ2025-0125: Special Exception to Reduce the Minimum Transparency Requirement for a
Change of Use in an Existing Structure.
Consideration and Possible Action - VAZ2025-0125: Special Exception to Reduce the
Minimum Transparency Requirement for a Change of Use in an Existing Structure
Docusign Envelope ID: 18191 F18-A65A-4190-879D-A632C9EC4354
Public Hearing: A request by J Plus Inc., represented by Jeff Jennings, applicant, on behalf of
SW Broadway LLC., represented by Chad Otten, owner, for approval of a special exception, as
permitted by the Unified Development Code, Ordinance No. 2000-T, to allow for a special
exception for the change of use and related improvements required by Section 4.1.3.2 to reduce
the minimum required transparency of an existing structure as allowed by Section 2.7.3.7(b)(7)(c),
to wit:
Legal Description: Lot 1, Block 1, Rehoboth Acres Partial Replat No. 1, a subdivision in Brazoria
County, Texas, according to the map or plat recorded in County Clerk's File No. 2024024143 in
the Plat records of Brazoria County, Texas.
General Location: 2800 East Broadway Street, Pearland, TX.
Planner II Bauer presented the staff report with exhibits. Mr. Bauer explained that the applicant is
proposing a change of use from a department store to a Gym/Health Club and is also proposing
the addition of a second -floor mezzanine. He noted that the change of use requires compliance
with requirements related to facade design, parking, dumpster screening, and landscaping. Mr.
Bauer further explained that the suite does not meet the required fagade transparency. The
proposed design includes 13.6% transparency, while the Corridor Overlay District requires a
minimum of 25% transparency facing Broadway Street. He stated that staff had not received any
public comments either in support of or opposition to the request. He also reviewed the history of
the property and described both the existing and proposed front elevations of the building. Mr.
Bauer added that staff finds that the proposed transparency inconsistent with the facades of other
suites within the shopping center and recommends that additional transparency be provided to
meet the requirement. He presented five options for addressing the front fagade transparency
requirement.
The applicant, Reed Traphagan of Crunch Fitness, located at 2002 East Evans Street, Austin,
Texas 78702, was in attendance in -person to present to the ZBA Board. Mr. Traphagan discussed
the floor plan, the existing facade of the building, and the proposed modifications to the building.
Chairperson Lewis called for public input.
There were no persons wishing to speak for or against the proposed request.
ZBA Members discussed the building, existing conditions, and the proposed floor plan for
Crunch Fitness. Staff displayed images of other Crunch Fitness locations in the greater Houston
area that provide ample transparency. The ZBA Board asked the applicant whether additional
transparency could be achieved. Mr. Traphagan explained that the Kids Club and the tanning
areas are located at the front of the building, and allowing direct visibility into those spaces
would raise safety and privacy concerns. Member locco asked staff to clarify the purpose of the
transparency requirement. Deputy Director Griggs stated that the requirement exists to allow
police or fire personnel to see into the building during emergency situations. Chairperson Lewis
asked staff whether widening the front entrance to the Maximum possible extent would meet the
transparency requirement. Planner II Bauer responded that doing so would triple the existing
transparency.
No further discussion from Staff, ZBA Board or Public input.
Docusign Envelope ID: 18191 F18-A65A-4190-879D-A632C9EC4354
Chairperson Lewis read into the record the item on the Consideration and Possible Action —
VAZ2025-0125: Special Exception to Reduce the Minimum Transparency Requirement for a
Change of Use in an Existing Structure. Vice Chairperson Acosta made the motion to approve
VAZ2025-0125 with the condition that the entire recessed area or wall be transparent with a
minimum of 15% of the facade being transparent, and Member Shrum seconded the motion.
Motion passed 5-0.
ADJOURNMENT
Chairperson Lewis adjourned the Zoning Board of Adjustment Meeting at 7:12 PM.
These minutes respectfully submitted by:
a —Signed by:
Jennifer Danley, Business Administrator
Minutes approved as submitted on this 24th day of July 2025
a —Signed by:
31C95F4FE90244E...
Mark Lewis, Chairperson