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2007-05-03 ZONING BOARD OF ADJUSTMENT REGULAR MEETING AND PUBLIC HEARING MEETING MINUTESZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTES THURSDAY, MAY 3, 2007 6:00 P.M. COUNCIL CHAMBERS OF CITY HALL 3519 LIBERTY DRIVE PEARLAND,TEXAS I. CALL REGULAR MEETING TO ORDER The Regular Meeting was called to order by Chairperson Dale Pillow at 6:05 p.m. with the following in attendance: Chairperson Dale Pillow Board Member Marvin Elam Board Member Willard Briley Board Member Kerry Mohammadian Alternate Board Member Wm. David Torok Also in attendance were Senior Planner Theresa Grahmann, and Deputy City Attorney Nghiem Doan. II. APPROVAL OF MINUTES May 3, 2007 III. NEW BUSINESS VARIANCE APPLICATION NO. 2007-07 Chairperson Dale Pillow called the public hearing to order at 6:06 p.m. Chairperson Dale Pillow read the purpose of the hearing as follows: A request by Jack McGuff, Jr., applicant for Bechir Ben Achour, owner, for a variance from the requirements of Section 2.4.5.1 Corridors Overlay District (a request to reduce the required setback from the creek), of the Unified Development Code, Ordinance No. 2000-T, on the following described property, to wit: 9.9546 acre tract of land out of the Perry and Austin League, Abstract 111, Brazoria County, Texas, being a 7.050 acre tract described in deed recorded under County Clerks File No. 95-020805 in the Office of the County Clerk of Brazoria County, Texas; Reserve "A" of Hazeldale Estates; Reserve `7" of Hazeldale Estates, and the 60 foot drainage easement lying south of Reserve `I", according to the map or plat of Hazeldale Estates and recorded in Volume 17, Page 243 of Page 1 of 4 ZBA Minutes 04/12/07 ZONING BOARD OF ADJUSTMENT the Plat Records of Brazoria County, Texas; and a 0.4298 acre tract of land lying between said drainage easement and the existing centerline of Mary's Creek, City of Pearland, Brazoria County, Texas (Generally Located on the North Side of FM 518 (Broadway Street), and on the West Side of Shaunte/ Street) Senior Planner Theresa Grahmann read the Staff report. Jack McGuff, applicant, spoke in regards to this variance. There was minimal discussion between the Board and Staff. Chairperson Dale Pillow called for the hearing to be adjourned at 6:16 p.m. Board Member Kerry Mohammadian made the motion to approve the variance. Alternate Board Member Torok seconded. The vote was 5-0. The variance was approved. The hearing was adjourned at 6:18 p.m. VARIANCE APPLICATION NO. 2007-08 Chairperson Dale Pillow called the public hearing to order at 6:18 p.m. Chairperson Dale Pillow read the purpose of the hearing as follows: A request by Trendmaker Homes, owner, for a variance from the requirements of Section 2.4.2.6 Single Family Residential — 2 District (R- 2), (a request to reduce the required front yard setback), of the Unified Development Code, Ordinance No. 2000-T, on the following described property, to wit: Lot 24, Block 1, of Southern Trails Phase 1, Section 3, according to the map or plat recorded in Plat No. 2005-042725 of the Plat Records of Brazoria County, City of Pearland, Brazoria County, Texas (Located at 12211 Rosemont Lane) Senior Planner Theresa Grahmann read the Staff report. Bruce Okruhlik, applicant, spoke in regards to the variance request. There was no discussion among the Board and Staff. The hearing was adjourned at 6:22 p.m. Page 2 of 4 ZBA Minutes 04/12/07 ZONING BOARD OF ADJUSTMENT Board Member Elam made the motion to approve, and Board Member Briley seconded. The vote was 5-0. The variance was approved. VARIANCE APPLICATION NO. 2007-09 Chairperson Dale Pillow called the public hearing to order at 6:22 p.m. Chairperson Dale Pillow read the purpose of the hearing as follows: A request by Chad Ferguson, applicant for FM 518 West Limited, owner, for a variance from the requirements of Section 2.4.4.4 General Business Retail District (a request to reduce the width of the required landscape buffer), and Section 4.2.4.1 Screening (a request to eliminate the requirement for construction of a masonry fence and to provide landscaping in lieu of the fence) of the Unified Development Code, Ordinance No. 2000-T, on the following described property, to wit: 9.6569 acre tract of land out of Lots 14 and 15 of the Allison -Richey Gulf Coast Home Company Subdivision of Section 20 of the H. T. & B. R. R Company Survey, Abstract 506, City of Pearland, Brazoria County, Texas (Generally Located on the North Side of FM 518 (Broadway Street), and on the East Side of Sunrise Meadow Boulevard) Senior Planner Theresa Grahmann read the Staff report. Chad Ferguson, applicant spoke in regards to the two variance request. Also present to speak were Yvonne Walker and Ilean Walker of 9010 Sunrise Trail; Andrea McLemore of 9102 Sunrise Trail; Carlos Velazquez of 9004 Sunrise Trail; and, Lori Needham of 9002 Sunrise Trail. There was no discussion between the Board and Staff. The hearing was adjourned at 6:33 p.m. Board Member Briley made the motion to approve both request, and Board Member Elam seconded. The vote was 0-5. The variance was denied for the same reasons recommended by staff. Page 3 of 4 ZBA Minutes 04/12/07 IV. ZONING BOARD OF ADJUSTMENT ADJOURNMENT The regular meeting adjourned at 6:34 p.m. These minutes respectfully submitted by: Judy Krajca,/Planni Admi st tive Secretary Minutes approved as submitted and/or corrected on this 7th day of June 2007, A.D. Page 4 of 4 ZBA Minutes 04/12/07 Dale Pillow, Chairperson