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HomeMy WebLinkAbout20260604 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 JUNE 4,2026 AT 6:00PM IN THE COUNCIL CHAMBERS, CITY HALL,3519 LIBERTY DRIVE. CALL TO ORDER Vice Chairperson Jerry Acosta opened the meeting for the Zoning Board of Adjustment at 6:00pm. In attendance were: ZBA Vice Chairperson,Jerry Acosta ZBA Member, Gary Shrum ZBA Member, Don Glenn ZBA Member,Todd locco ZBA Alternate Member, Bincy Jacob Also present were Assistant Director of Planning Katya Copeland, Deputy City Attorney Katie Leininger, Planning Manager Katie Peterson, Planner I Aria Bernal, Planner I Will Genitempo and Planning Technician Stacey Haas. APPROVAL OF MINUTES Consideration and Possible Action-Approve the ZBA Meeting Minutes from May 7, 2026. Vice Chairperson Acosta read into the record the approval of minutes. Member Shrum made a motion to approve and Member locco seconded the motion. Motion passed 5-0. NEW BUSINESS Vice Chairperson Acosta read into the record the item on Consideration and Possible Action— VAZ2026-0085. Consideration and Possible Action-VAZ2026-0017: Rear Setback Variance for an Existing Structure Public Hearing:A request by Joel Azurin, applicant and owner,for approval of a variance as permitted by the Unified Development Code, Ordinance No. 2000-T,to allow a variance, in accordance with Section 2.2.5.2,to allow for an addition that encroaches on the 20-foot rear building line established by the Shadow Creek Ranch PUD to remain in its current location. Legal Description: Lot 7, Block 2, Shadow Creek Ranch SF-45B Partial Replat No 1, a subdivision in Fort Bend County, according to the plat thereof as filed in County Clerks Document Number 2005065823, in the Plat records of Fort Bend County,Texas. General Location: 13704 Mooring Pointe Drive, Pearland,Texas. Planner I Will Genitempo presented the staff report. He explained the variance request was to allow for an already constructed residential addition to remain in place. The addition was built over a pre-existing concrete slab without an approved permit, and there is a 6 foot encroachment into the 20 foot rear yard setback. He further stated that one written comment in support of the variance request was received and no comments or calls in opposition. In the criteria for approval of a variance request, only 3 of the 8 criteria were met. The property owner created the hardship because of the addition of solid walls on the porch structure without proper permits, and therefore Staff recommended denial of the request. The applicant and homeowner Joel Azurin was available and made a presentation. He stated the concrete slab was already existing and he just created the enclosure on top of the slab. He said he is compliant with the 60%maximum impervious coverage. He said the enclosure is not habitable because he did not provide plumbing,gas or HVAC utilities. He stated denialwould require removal of the enclosure and loss of current use, but it would not change the existing patio footprint. Vice Chair Acosta called for public input, but there were no persons present to speak for or against the request. The Board discussion focused on clarification of the enclosed space and how it affects the setbacks, as well as power lines behind the property and if anything could be built there. There was no further discussion from the Board. Vice Chair Acosta made a motion to approve and Member Glenn seconded the motion. The Board voted 2-3 to approve the request, and the request was denied. Vice Chairperson Acosta read into the record the item on Consideration and Possible Action— VAZ2026-0027. Consideration and Possible Action-VAZ2026-0027:Variance on Two Side Setback Requirements Public Hearing:A request by Arthur Lopez, applicant, on behalf of Juan B. and Sara Lopez, owners, for approval of a variance as permitted by the Unified Development Code, Ordinance No.2000-T,to allow a Variance to the 7.5'side building setback requirement for the Old Townsite Residential(OT- R) District(Section 2.4.3.4(2)(a);(Section 2.4.2.8 (c)(2)(b))),for a new home to encroach into the side building setback. Legal Description:A parcel of land being Block 1, Lot 3 of the Lopez Addition subdivision containing 0.6456 acres, and being Lots sixteen, seventeen, eighteen and nineteen,twenty-one, twenty-two,twenty-three and twenty-four, in Block two, Pearland Townsite, a subdivision in Brazoria County, Pearland,Texas. General Location: 2241 North Washington Avenue, Pearland,Texas Planner I Aria Bernal presented the staff report. She stated the request was to reduce the required 7.5 foot side setbacks for two newly created lots. The first request was for a 5 foot setback along the northern property line of the proposed southern lot and the second request was for a 5.4 foot side setback along the southern property line of the proposed northern lot,which has an existing structure. She gave a brief history of the site and stated that Request One met 3 of the 8 variance criteria and Request Two met 4 of the 8 criteria and may meet an additional 2. No hardship was demonstrated by the applicant, and staff recommended denial of the request. She also stated that if the Board did approve,Staff recommended the following condition be attached: • The 5ft. and 5.4ft side setbacks are only applicable if both subdivided parcels meet all the Area Regulations for the OT-R district. The applicant Arthur Lopez of 2241 N Washington Avenue was present and made a presentation. He stated they are wanting to build a house for John Lopez's parents and, if they comply with the 7.5 foot setback,they would only have 27 ft to build on. There were no persons present to speak for or against the request. The Board discussion focused on the existing site and existing side setback requirements, as well as the subdivision of the lot. There were no further discussions between the Board, Staff and Applicant. Alternate Member Jacob made the motion to approve the first request and Member locco seconded the motion. The vote was 1-4 to approve the request, and the request was denied. Alternate Member Jacob made the motion to approve the second request and Member locco seconded the motion. The vote was 1-4 to approve the request, and the request was denied. Vice Chairperson Acosta read into the record the item on Consideration and Possible Action— VAZ2026-0208. Consideration and Possible Action-VAZ2026-0208:Variance to Exceed Maximum Fence Height Public Hearing:A request by Abdullah Alobeide, applicant and owner,for approval of a variance pursuant to the Unified Development Code, Ordinance No. 2000-T,to exceed the maximum permitted fence height of four-feet(4') in the front yard,within the Single-Family Estate(R-E) District (Section 4.2.4.3(a)(2)(b))to wit: Legal Description: Being all of the 3.2532 acres being the Minor Plat of Cerna Estate Subdivision, according to the plat thereof as filed in County Clerk's Document Number 2015854542, in the Plat records of Brazoria County,Texas. General Location: 8909&8917 Hawk Road, Pearland,Texas Planner I Aria Bernal presented the staff report of this request to allow for a 6 foot decorative fence. She stated no comments or calls were received in support or opposition to this request. She presented a site plan and gave a brief history of the site. The request met 3 of the 8 criteria for granting a variance, and she noted that no physical hardship existed and a compliant fence could be constructed. Therefore, staff could not recommend approval of the variance. The applicant and owner,Abdullah (AJ)Alobeide,was present and spoke about his request. He stated he wanted the taller fence for the safety of his daughters and pets. The Board discussion focused on the difference between a decorative and functional fence, sidewalk placement and the reasoning behind the 4 foot requirement. There was no further discussion between the Board,Applicant and Staff. Member Glenn made a motion to approve and Member locco seconded the motion. The Board voted 3-2 to approve the request, and the request was denied. Vice Chairperson Acosta read into the record the item on Consideration and Possible Action VAZ2026-0213. Consideration and Possible Action-VAZ2026-0213: Construction of Patio and Pool on a Property with a Nonconformity Public Hearing:A request by Terry Thedford, applicant, on behalf of David and Leah Koonsen, owners,for approval of a special exception as permitted by the Unified Development Code, Ordinance No. 2000-T,to allow a special exception for the construction of a new structure(a patio and pool replacement)on the same property where a nonconformity already exists within the R-4 District(Section 2.7.3.7(a)(4)). Legal Description: Lot 2, Block 1, Green Tee Terrace Townhouses, Section 3 Replat, a subdivision in Harris County,Texas, according to the map or plat thereof recorded under Film Code No. 354024 of the Map Records of Harris County,Texas. General Location: 2704 Country Club Drive, Pearland,Texas Planner I Will Genitempo presented the staff report. He explained that this request was for a special exception to allow for development on a property with an existing nonconformity. He stated the applicant is wanting to remove the existing patio and replace it with a plunge pool, patio cover, deck and privacy fence.These improvements would be within the original patio footprint. He gave a brief history of the site and displayed pictures of the existing conditions and renderings of what is being proposed. He stated the request meets#4 of the required criteria for special exceptions, which authorizes new construction on non-conforming properties if the new structure assumes the existing status without expanding it.Therefore, staff recommended approval. The applicant was present and available for questions. There were no persons present to speak for or against the request. The Board discussion was minimal and touched on a similar project in the past. Alternate Member Jacob made a motion to approve and Member locco seconded the motion. The Board voted to approve the request 5-0, and the request was approved. ADJOURNMENT Vice Chairperson Acosta adjourned the Zoning Board of Adjustment Meeting at 6:58pm. These m'nutes respectf lly submitted by: Stacey aas, Planning Technician Minutes approved as o t ay of ly, 2026 ark Lewis,ZBA Chairperson