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ZBA approves special exception for existing nonconformities at 5220 Shank Road

3610099 · February 7, 2025
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Summary

The Zoning Board of Adjustments approved VARZ 25-02, allowing development to proceed at 5220 Shank Road despite side-setback and future-right-of-way planting-area nonconformities; vote 5-0.

The Pearland Zoning Board of Adjustments voted 5-0 on Feb. 6, 2025, to approve VARZ 25-02, a special exception to permit development to occur at 5220 Shank Road despite existing nonconformities related to a side setback and future Woody Road planting-area requirements.

Patrick Bauer, City staff, described the request and the site history: portions of the property were annexed in stages (1960, 1981 and 1983) and an existing building that creates the side-setback nonconformity was constructed in 1979. Bauer said the part of the site where future Woody Road would be built already contained pavement and was developed before the right-of-way dedication in February 2005, which is why the applicant sought a special exception for required street trees and the 6-foot planting area along that future right of way. Staff concluded the proposal met criterion 4 for a special exception and recommended approval.

The applicant, Lokesh Khosla, spoke at the hearing and said he was available to answer questions. Bauer said staff received no written public comments for or against the request. The board asked clarifying questions about planting, street trees and how the proposed pavement and proposed new parking areas would incorporate required landscaping; staff said landscaping and other UDC requirements would still need to be satisfied during site-plan review and that the special exception addresses only the existing nonconformities.

Todd moved to approve VARZ 25-02 “as presented”; the motion was seconded and carried 5-0. The approval allows the applicant to proceed with platting and site-plan review but does not exempt the project from future landscape, street-tree or other UDC requirements as those are reviewed and enforced during permitting.