2024-11-07 Zoning Board of Adjustments Meeting MinutesMINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE
CITY OF PEARLAND, TEXAS HELD ON NOVEMBER 7, 2024, 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, Donald Glenn
ZBA Alternative Member, Bincy Jacob
Also, present were Deputy City Attorney Lawrence Provins, Community Development Deputy
Director Martin Griggs, Planning Manager Katya Copeland, Planner II Katie Peterson, and
Executive Assistant Jennifer Danley.
APPROVAL OF MINUTES
Approve the ZBA Meeting Minutes from October 3, 2024.
Chairperson Lewis read into the record the items on Approval of Minutes. Member Glenn made
the motion to approve, and Member Shrum seconded the motion.
Motion passed 5-0.
NEW BUSINESS
Chairperson Lewis read into the record the item on Consideration and Possible Action — VARZ
24-20: Special Exception to Plat a Property with Existing Nonconformities.
Consideration and Possible Action - VARZ 24-20: Special Exception to Plat a Property
with Existing Nonconformities
Public Hearing: A request by Phillip Truong, applicant, on behalf of Harmony Public Schools,
represented by Nihat Bayhan, owner, for approval of a special exception, as permitted by the
Unified Development Code, Ordinance No. 2000-T, to allow for a property with existing
nonconformities to be platted (Section 2.7.3.7 (a)(4)), to wit:
Legal Description: A subdivision of 34.9329 acres of land situated in the H.T. & B.R.R. Co.
Survey, Section 9, Abstract No. 234, Brazoria County, Texas.
General Location: 2525 Reid Boulevard, Pearland, TX.
Planner II Peterson presented the staff report with exhibits. Ms. Peterson stated the request is a
special exception to allow platting of a property with an existing nonconformity. Ms. Peterson
reviewed the lot's existing nonconformity, noted that staff has not received public comments in
favor or against the request, and provided the history of the property. Ms. Peterson stated that
the request meets criterion four of the Unified Development Code (UDC), and staff recommends
approval of the special exception.
Harmony Public School representative, Michael Mazzola at 22316 Grand Corner Dr. Katy, TX
77494, was in attendance in -person in Council Chambers to answer questions for the ZBA Board.
Chairperson Lewis called for public input.
There were no persons wishing to speak for or against the proposed request.
Member Shrum asked staff if, once the plat is approved, any future modifications would classify
the structure as conforming or as an existing property with a nonconformity. Planner II Peterson
replied that it would be a legal existing nonconformity, and the status would persist unless a
change is made. Ms. Peterson explained that if the applicant wanted to extend the front of the
structure, they would need a variance to permit further encroachment; however, the structure can
remain. Ms. Peterson pointed out that the special exception allows the applicant to create the plat
for the property.
No further discussion from Staff, ZBA Board or Public input.
Chairperson Lewis read into the record the item on Consideration and Possible Action — VARZ
24-20: Special Exception to Plat a Property with Existing Nonconformities. Member Glenn made
the motion to approve VARZ 24-20 as presented, and Member Jacob seconded the motion.
Motion passed 5-0.
Chairperson Lewis read into the record the item on the Consideration and possible Action — VARZ
24-21: Special Exception for Development to Occur on a Property with Existing Nonconformities.
Consideration and Possible Action - VARZ 24-21: Special Exception for Development to
Occur on a Property with Existing Nonconformities
Public Hearing: A request by John Fox, applicant, on behalf of St. Catherine of Alexandria Coptic
Orthodox Church, owner, for approval of a special exception, as permitted by the Unified
Development Code, Ordinance No. 2000-T, to allow for development to occur on a site with
existing nonconformities (Section 2.7.3.7(a)(4)), to wit:
Legal Description: The west one-half (W 1/2) of Lot 47, of the Allison Richey Gulf Coast Home
Company Subdivision, Section 19, H.T. & B.R.R. CO. Survey 243, Brazoria County, Texas,
according to the plat as recorded in Volume 2, Page 23, of the Plat Records of Brazoria County,
Texas.
General Location: 2539 Zapalac Road, Pearland, TX.
Planner II Peterson presented the staff report with exhibits. Ms. Peterson stated the request is for
a special exception to allow for the construction of a new sanctuary building on a property with an
existing structure that is nonconforming. Ms. Peterson reviewed the property's zoning and setback
requirements, noted that staff has not received public comments in favor or against the request,
and discussed the property's history and site plan. Ms. Peterson stated that the special exception
meets criteria four of the UDC, and staff recommends approval.
The applicant was not in attendance.
Chairperson Lewis called for public input.
There were no persons wishing to speak for or against the proposed request.
No further discussion from Staff, ZBA Board or Public input.
Chairperson Lewis read into the record the item on the Consideration and possible Action — VARZ
24-21: Special Exception for Development to Occur on a Property with Existing Nonconformities.
Vice Chairperson Acosta made the motion toapprove VA|7Z 24-21 as presented, and Member
Glenn seconded the motion.
Motion passed 5-0.
Chairperson Lewis read into the record the item on the Consideration and Possible Action — VARZ
24-23:Special Exception and Variance for the Development ofeNew Building otthe Alice Street
Water Plant Facility has been tabled until December 5,2O24.
ConsidermtonandPoesibkeAuction-VARZ 24-23: Special Exception and Variance for the
Development of New Building atthe Alice Street Water Plant Facility
Public Hearing: A request by Sergio Becerril, applicant, on behalf of the City of Pearland, owner,
for approval of special exception and 8 variunoe, as permitted by the Unified Development
Code, Ordinance No. 2000-T' to allow: 1. Special exception for development to occur on a site
with existing nonconformities (Section 2.7.3.7(a)(4)), 2. Variance to remove the landscape buffer
requirement for o nonresidential use that has o side or roar contiguous to any residential use or
residential zoning district (Section 4.2.4.1 (a)), to wit: (Request to Table until December 5, 2024)
Legal Description: Tract 1, Block 1, Minor Plat of Clearwire TX HOU0554A, a subdivision of 3.99
acres of land in the City ofPoadand. Texas' according to the map or plat recorded in County
Clerk's File No. 2010033004 in the Plat records of Bnezorio {|ouniv. Texas.
General Location: 1S50ProfaxDrive, Peadund,TX.
ADJOURNMENT
Chairperson Lewis adjourned the Zoning Board of Adjustment Meeting at 6:17 PM.
These minutes respectfully submitted by:
Jennifer Danley, Executive Assistant
Mark Lewis, Chairperson