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HomeMy WebLinkAbout20260507 Zoning Board of Adjustments Regular Meeting Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF PEARLAND,TEXAS HELD ON MAY 7,2026 AT 6:00PM IN THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION BOARDROOM, 3519 LIBERTY DRIVE,SUITE 350. CALL TO ORDER Chairperson Lewis opened the meeting for the Zoning Board of Adjustment at 6:01 pm. In attendance were: ZBA Chairperson, Mark Lewis ZBA Member, Gary Shrum ZBA Member, Donald Glenn ZBA Member,Jerry Acosta ZBA Alternate Member, Christopher Tristan Also present were Assistant Director of Planning Katya Copeland, Deputy City Attorney Katie Leininger, Director of Community Development Vance Wyly, Planning Manager Katie Peterson, Senior Planner Patrick Bauer, Senior Planner Lamyaa Salem, Planner I William Genitempo, and Planning Technician Stacey Haas. APPROVAL OF MINUTES Consideration and Possible Action-Approve the ZBA Meeting Minutes from April 9, 2026. Chairperson Lewis read into the record the Approval of Minutes. Member Shrum made the motion to approve and Alternate Member Tristan seconded the motion. Motion passed 5-0. NEW BUSINESS Chairperson Lewis read into the record the item on Consideration and Possible Action-VAZ2026- 0085. Consideration and Possible Action-VAZ2026-0085: Special Exception and Variance for Buildings in the General Commercial(GC) District Public Hearing:A request by Longgui Zhong, applicant and owner,for approval of a special exception and variance as permitted by the Unified Development Code, ordinance No. 2000-T,to allow1. Special exception for development to occur on a site with existing nonconformities(Section 2.7.3.7(a)(4));2.Variance to the 25-foot front building setback within the General Commercial(GC) District and Corridor Overlay District(Section 2.4.4.6(c)(2)(a)&Section 2.4.5.1(c)(2)),to wit: Legal Description: Lot V, Block 1, Colony Park Commercial, a subdivision in Brazoria County, Texas, according to the map or plat thereof recorded in Volume 16, Page 295 of the Plat Records of Brazoria County,Texas. General Location: 5619&5627 Broadway Street, Pearland,Texas. Before the staff presentation,the Director of Community Development Vance Wyly stated the Special Exception portion of the request should be moved to a future agenda. Since no building permits had been received and special exceptions should be tied to building permits, Director Wyly asked for a vote for the removal of the special exception from this request. Member Acosta made a motion to approve and Member Shrum seconded the motion. The motion to remove the special exception passed 5-0. Senior Planner Patrick Bauer presented the staff report with exhibits. He gave a brief history of the site and noted that no written comments or phone calls had been received either for or against this item. He stated that TxDOT had informed the city that this property is a full acquisition, and that the property owner had been compensated for the entire property. He explained that the request meets only 2 of the 8 criteria for granting variances as detailed in the Unified Development Code (UDC). Therefore, Staff did not recommend approval of the variance. The applicant, Longgui Zhong, 5619/5627 Broadway Street, Pearland Texas,was available and made a presentation. He discussed wanting to keep the buildings open for the benefit of the employees and the community. He stated he was compensated for the buildings, but he did not want to demolish them and rebuild as this would be a hardship for the business owners. Chairperson Lewis called for public input. There was one person present to speak in favor of the variance request. Ignacio Inocencio, 9919 Territory Lane, identified himself as the contractor for Mr.Zhong. He stated the restaurant would be negatively impacted by losing the majority of their tables if City regulations were followed. The Board discussion focused on the meaning of full acquisition,the actual footage being bought by TxDOT, and the plans for other properties along Broadway Street that are being impacted by the widening. They asked for clarification on what the property owner is responsible for when there is a full acquisition. Director Wyly clarified that when the owner has been compensated 100%, as in this case,they need to come back with a compliant product in return. Member Acosta mentioned that this request was only for a setback variance, and the Board should only focus on that, and not the emotional implications for the businesses and employees. There was no further discussion between the Board, Staff and applicant. Member Acosta made a motion to approve and Member Shrum seconded the motion. The motion failed 1-4. Chairperson Lewis read into the record the item on Consideration and Possible Action—VAZ2026- 0155. Consideration and Possible Action-VAZ2026-0155:Variance for Accessory Structure Setback and Placement in Old Townsite Residential(OT-R) District Public Hearing:A request by Hollie Sims, applicant, on behalf of Patricia Sims, owner,for approval of variances, as permitted by the Unified Development Code, Ordinance No. 2000-T,to allow:a.A Variance, in accordance with Section 2.2.5.2.to allow for the construction of a carport within the required 75-foot minimum front setback for accessory buildings in the Old Townsite (Section 2.4.3.4.(b)(2)(d))b.A Variance, in accordance with Section 2.2.5.2.to allow for the placement of a carport structure in front of the primary building(Section 2.5.3.1(a))to wit: Legal Description: Being Seven (7) and Eight(8), in Block"A",Town of Pearland, in Brazoria County, Texas, according to the map or plat recorded in Volume 2, Page 17, of the Plat Records of Brazoria County,Texas. General Location: 2115 North San Antonio Avenue, Pearland,TX. Planning Manager Katie Peterson presented the staff report with exhibits. She stated the request was for a variance to allow for a carport to be located at the front of the lot. She mentioned that one written comment in opposition had been received. She gave a brief history of the site, and noted that the request met 4 of the 8 criteria needed to grant approval of a variance as outlined in the UDC, and may meet 2 of the 8 criteria. Since the request met a majority of the criteria,Staff recommended approval of the variance. The applicant, Hollie Simms, 2115 N. San Antonio Street, Pearland,Texas was available and made a presentation. She stated she lived with her elderly and sick mother and the carport was for her needs. She stated inclement weather made it difficult to move her mother into the car, as her mother requires a wheelchair. She also said she was aware of the objections of her immediate neighbor, but that he had the exact same carport that he was now protesting. She said he also had concerns about flooding, but she indicated she no concrete would be added to the site. She also noted that he had objections that the carport would block his view, but she said his carport has been blocking her view for years. Chairperson Lewis called for public input. Scott Kilbourn, 2119 N. San Antonio Avenue, Pearland,Texas spoke in opposition to the request. He stated their fence blocks his view and if they added a carport, it would be even harder for him to see to back out of his driveway. He said he would flood because their yard is higher and he already has flooding issues. He also said their carport would cause his home to depreciate in value, as when the sun goes down and hits the roof of the carport, it will be blinding. The Board then had a discussion centering on the current conditions of the site pertaining to drainage,the size of the carport and whether more concrete would be added, and the placement of the carport on the lot with relation to the street. There was no further discussion from the Board, Staff or applicant. Member Glenn made a motion to approve and Alternate Member Tristan seconded the motion. The motion passed 5-0. Chairperson Lewis read into the record the item on Consideration and Possible Action-VAZ2026- 0162. Consideration and Possible Action-VAZ2026-0162: Side Setback Variance for a New Single- Family Residence within the R-1 District A request by Abet and Ericka Gonzalez, applicant and owner,for approval of a Variance as permitted by the Unified Development Code, Ordinance No. 2000-T,to Section 2.4.2.5(c)(2)(b),to reduce the minimum 7.5'side setback requirement within the R-1, Single-Family Residential-1 District,to wit: Legal Description: Lot 157, Block 4, of Green Tee Terrace, Section 2.A Subdivision in Harris County,Texas, according to the map or plat recorded in Volume 172, Page 11 of the Map Records of Harris County,Texas. General Location: 2311 Fairway Circle, Pearland,Texas. Planner I William Genitempo presented the staff report with exhibits. The request was for a side setback variance for construction of a new home. He stated that 2 written comments and 2 phone calls had been received in opposition to the request. He gave a brief history of the site, and noted that only 2 of the 8 criteria for granting variances were met. Since the variance was being driven by the size of the proposed new residence and not a physical hardship of the land, Staff recommended denial of the request. The applicant, Ericka Gonzalez, 2311 Fairway Circle, Pearland,Texas was available and gave a presentation. She stated they wanted to construct a new 5500 square foot home to replace the existing home they were currently in. She stated they wanted the variance in part to protect a very large tree in the front yard. The design of their proposed home, in order to preserve the tree in the front yard and maintain the aesthetic appeal and their own requirements for the structure,would require that a variance be granted. She provided a picture of the tree to the Board and provided a letter of support from one of her next-door neighbors. There were no persons present to speak for or against the request. The Board discussion focused on the building separation between homes and the side setbacks. Member Acosta made a motion to amend the request with the condition that the roof overhangs be no greater than 8 inches. The Board passed the vote on amending the motion 5-0. The motion to approve the amended motion was made by Alternate Member Tristan and Member Glenn seconded the request. Amended Motion passed 4-1. Chairperson Lewis read into the record the item on Consideration and Possible Action—VAZ2026- 0164. Consideration and Possible Action-VAZ2026-0164: Fence Variance for a Non-Residential Use within the Corridor Overlay District(COD) District Public Hearing:A request by Casey M. Genovese, applicant, on behalf of Tre Pearland LLC., owner, for approval of a variance as permitted by the Unified Development Code, Ordinance No. 2000-T,to allow a variance to the 30-foot fencing setback within the Corridor Overlay District(Section 2.4.5.1 (c)(3)),for the detention pump station fencing,to wit: Legal Description: Lot 1, Block 1, Development Plat of Pearland Manvel Addition, a subdivision of 1.639 acres of land in the City of Pearland,Texas, according to the map or plat recorded in County Clerk's File No. 2023052072 in the Plat records of Brazoria County,Texas. General Location: 2730 Manvel Road, Pearland,Texas. Senior Planner Bauer presented the staff report with exhibits. He gave a brief history of the site and noted no written comments or phone calls had come in for or against this request. He stated there is a pump station at the frontage of the northeast corner of the lot along Manvel Road. When final inspections were being done,the applicant was told a fence was needed around the pump station for security reasons. He stated the request met 4 of the 8 criteria used in granting variances, and that Staff recommended approval with the following conditions: 1. Fencing for the detention pond pump station shall be no greater than 8 feet tall and decorative with openings not less than 50%of the fence area. 2. A continuous shrub row and trees shall be provided along the east side of the pump station fencing as shown in the Applicant's Packet to screen the pump station and fencing from Manvel Road. The shrub row shall be installed at the sizes specified in the"Zoom Landscape Plan". The applicant's representative,John Bagert, 118 Vintage Park Boulevard, Houston,Texas 77070 made a short presentation. He stated they were proposing to move the sidewalk into the Right of Way and providing trees and shrubs to screen. Chairperson Lewis called for public input.There were no persons present to speak for or against the item. The Board discussion focused on the status of the building and the conditions being requested by Staff. Member Acosta made a motion to approve with conditions, and Member Glenn seconded the motion. The motion passed 5-0. ADJOURNMENT Chairperson Lewis adjourned the Zoning Board of Adjustment Meeting at 7:31 pm. These minutes respectfully submitted by: Stacey Haas, Planning Technician Minutes approved as sub d on thjs 4th day of June, 2026 Jerry Acosta,Vice Chairperson