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2000-01-06 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESMINUTES - REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENTS OF THE CITY OF PEARLAND, TEXAS, HELD ON THURSDAY, JANUARY 6, 2000, AT 6:00 PM, IN THE COUNCIL CHAMBERS OF CITY HALL, 3519 LIBERTY DRIVE, PEARLAND,TEXAS CALL TO ORDER The meeting was called to order at 6:04 PM with the following present: Chairperson Vice -Chairperson Board Member Board Member Board Member Director of Community Development & Services Secretary Gil Boyles Suzanne Tullis Richard Cimprich Marvin Elam Harold Slagle Gene Tumlinson Mona Ann Phipps 11 APPROVAL OF MINUTES - November 4, 1999 & December 2, 1999 The minutes were approved as submitted. Motion passed 5 to 0. III NEW BUSINESS A. CONSIDERATION AND POSSIBLE ACTION - V99-42, Request of Jose T. Cruz, owner, for a variance from Section 21.2(a), to allow a fence to be built beyond the front building line in a Suburban Development District, at 5813 Cantu, Lot A, Block 1, Buena Vida Subdivision Francis Sanchez Cruz, owner, showed a plat of the subdivision. She stated that Section 21 of the Land Use and Urban Development Ordinance allowed the Building Inspector to inspect her newly built fence. She explained that at that time, she was written a citation in violation of Section 21. She added that she built the fence in March, 1999, according to information from Don Guynes several years prior. Ms. Cruz read a portion of Section 21 regarding the building of fences in a Suburban Development zone. Ms. Cruz explained that she applied for a carport permit in June, 1999. At that time, she was informed that she needed a permit for the fence and that it could not be placed in front of the front building line. She explained that she spent approximately eight hundred (800) dollars on the fence. She added that the neighbors, that are now complaining, helped them build the fence. Director of Community Development and Services Gene Tumlinson stated that the fence was built on the front property line without a permit. He stated that the section of the ordinance that Ms. Cruz referred to as allowing a fence to be built in a Suburban Development zoning district, applied to agricultural use only. He added that the fence is solid wood and creates a site obstruction. Mr. Tumlinson explained that only the section of the fence that is in the twenty five (25) foot front building line in is violation. Ms. Cruz explained that she placed the fence there to help support plants and to make it look nice. Vice -Chairperson Suzanne Tullis asked why Ms. Cruz extended the fence into the front building line. Ms. Cruz stated that she closed off the driveway to keep people from parking in the grass. She presented photographs of the neighbors yards and of her fence. A discussion ensued regarding the value of the section of fence that is in violation. They also discussed other options rather than removing this section of fence. Director of Community Development and Services Gene Tumlinson stated that this section of fence could remain if it were cut below thirty (30) inches tall. Mr. Hernandez, 5809 Cantu, stated that the fence blocks their view. He added that there is grass growing between the fence and the banana trees. He presented photographs of the fence. Chairperson Gil Boyles asked Mr. Hernandez if he or his son helped the Cruz's build the fence. Mr. Hernandez stated they did not help them build the fence. Chairperson Gil Boyles made a motion, seconded by Vice -Chairperson Suzanne Tullis, to remove the section of the fence in violation or cut it below thirty (30) inches. Vice -Chairperson Suzanne Tullis amended the motion to deny V99-42. Board Member Marvin Elam seconded the motion. Motion passed 5 to 0. Director of Community Development and Services Gene Tumlinson asked the Board to place a time frame on the correction of this violation. Vice -Chairperson Suzanne Tullis made a motion to allow thirty (30) days for the violation to be corrected. Chairperson Gil Boyles seconded the motion. Motion passed 5 to 0. Jean Rader, O'Day Road, asked if the Cruz's have the right to an appeal. She also questioned Mr. Tumlinson's reference that Suburban Development was only for agricultural use. Mr. Tumlinson explained the Suburban Development zoning district and the placement of fences. Ms. Rader explained that her parents live on O'Day Road and are interested in building a fence to the property line to block the new Pro Play Zone from their home. B. CONSIDERATION AND POSSIBLE ACTION - V00-01, Request of Greg Dugat of F.W. Gartner Company, for a variance from Section 15.4.2.(b), to allow a 15' side yard instead of the required 25' sideyard, at 14435 Max Road Greg Dugat explained that the original structure was built approximately fifteen (15) feet from the side property line. He added that the existing building is structurally unsafe. They are proposing to remove the structure and build a new one on the existing slab. He explained that the purchase of the property is pending this and one other varience request. He added that they will also have to remove asbestos and have an environmental clean up of the site. Board Member Marvin Elam expressed concern for the property being low and asked what type of business they are proposing. Mr. Dugat explained that it this facility will be for light manufacturing and sandblasting. He stated that they build a very nice facility. He added that the facility on Broadway was scrutinized by the surrounding neighborhood while under construction. However, he has since received a Christmas card from the neighborhood expressing their approval of his business. Director of Community Development and Services Gene Tumlinson stated that Mr. Dugat has met with various City staff and discussed exactly what needs to be done. He added that staff supports this project because they are cleaning up an eyesore. A discussion ensued regarding the zoning of the property and what surrounds it. Vice -Chairperson Suzanne Tullis asked if a firewall would be needed. Director of Community Development and Services Gene Tumlinson stated that the worst case senario would be that a residence would be build next to it. He added that this building would sit fifteen (15) feet off of the property line and the home would sit five (5) feet off of the property line, therefore, meeting the required twenty (20) feet between the structures without a firewall. Vice -Chairperson Suzanne Tullis made a motion, seconded by Board Member Richard Cimprich, to approve 00-01. Motion passed 5 to 0. C. DISCUSSION ITEM Vice -Chairperson Suzanne Tullis suggested that a notice stating that a permit is required be printed on the water bills and be sent to the homeowners associations. IV ADJOURNMENT The meeting adjourned at 6:50 PM. These minutes respectfully submitted by: a Mona Ann Phipps, Secretary Minutes approved as submitted and/or corrected this 11 day of , 2000. irperson